Agenda packet — Fontana City Council, October 14, 2025 (part 3 of 3)

1912 Elise Circle., Corona, Ca 92879

GENERAL CONDITIONS

1. Job is bid Prevailing wage for labor, ready mix company, & other suppliers.

2. Job is Based on Grade Ready.

3. 4. Work to be done during normal business hours Monday-Friday 7 am – 3:30 pm

5. 6.

7. Bonding is NOT included.

8. Prices are good through 08/30/25 and subject to change after expiration date due material costs.

9. 10.

11. 12. Traffic Control NOT included In any item Unless Otherwise Noted or Priced.

13. Price Excludes Trench Plates, Light towers, CMS Boards, and Traffic Control Plan.

14. All Dirt spoils will be hauled and left onsite. Processing and moister by others.

15. All Landscape Irrigation will be Lowered, Moved, Cut, Capped And restored By others.

16. 17.

CONCRETE CONDITIONS

1. 2.

3. 4.

5. 6.

7. Adjusting and supplying of utility box’s, water valves, man holes, etc. in PCC is not included.

8. 9. Backfilling and grading after concrete to be done by others.

10. CONDITIONS
Cost to apply water is included, water to be supplied by others.

Contract must include all items listed on proposal. If individual line items are wanted and others not wanted, pricing may be subject to change.

Quantities used are approximate and subject to physical measurement on site. Corrections, if necessary, will be made using the unit price.

This proposal includes all labor and material to complete as listed above. This proposal excludes plans, permits & Deputy inspector.

GT General Bills on a Net 30 Basis Unless Noted Different in Contract. A 1.5% Fee Will Be added per Month to any Late Progress Payment and/or Invoice.

Job is base on THREE (3) mobilization. (1) Demo, (2) Concrete, (1) Asphalt Slot Patch. Additional move’s will be $2,500 each.

Grade will be compacted to a relative 95% compaction only if existing soil conditions are feasible. Any deemed wet/saturated areas determined by inspector/testing areas will be stabilized by others or on T&M.

Surveyor to set line and grade stakes and locations for curb and gutter, ramps and driveways, limits, etc.

Surveyor provided by others.

Excludes any landscape and irrigation repair, underground utility repair, caulking, joint seal, weed kill, concrete additives, reinforcing steel UNO, AC slot patch and repairs UNO.

GT will not and cannot be held responsible for scheduling conflicts and/or as a result of material and trucking shortages, and/or as a result of raw material unavailability, including but not limited to the unavailability of power.

GT General is not responsible for Damage to underground utilities not shown on blue prints, details, not marked on or off site, not buried at appropriate depths or found to be buried in or directly beneath the concrete or asphalt being removed. GT will not be responisble damages or repairs to confliting utilities.

Following Equipment and Services Includes: Tailgate Pour [Yes], Trailer Pump [No], Boom Pump [No], Roller Screed [No], Pressure Washing Pre Or Post [No],
Concrete & Finishes: 3250 Max PSI [Yes], Accelerators [No], High Early [No], Natrual Grey [Yes], Color [No].

Broom Finish [Yes], Exposed Aggregate [No], Stamped [No], Textured [No], Sawcut [No].

All concrete work is to have access to be provided and maintained by Contractor.

Concrete washout and washout haul off done by others.

Storm drain structures, catch basin, local depressions, etc. to be done by others. (951) 545-5402 [email protected] Or (951) 768-2035 [email protected] 1912 Elise Circle., Corona, Ca 92879 | Lic. #1105565 | DIR# 1001051342

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1912 Elise Circle., Corona, Ca 92879

11. 12.

PAVING CONDITIONS

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. 14.
15 Due to the Volatility of asphalted oil from asphalt concrete suppliers, the asphalt concrete used in this bid is subject to price adjustments, every 30 days, adjusted for the current price of a barrel of oil.

Asphalt is to be installed in ONE (1) course.

Adjusting and supplying of utility box’s, water valves, man holes, etc. in AC is not included.

Tack is to be applied on vertical edges only.

Reflective cracking or water drainage problems from any new asphalt patching overlays due to preexisting pavement conditions, including but not limited to poor or unstable base conditions improper grades, or underlying water problem, etc.

GT General not responsible for Damage to cars, concrete, shoes, clothes, carports, or any other items as a result of getting onto the asphalt prematurely.

GT General cannot be held liable for unforeseeable conditions and additional labor, material, equipment, disposal charges, etc. will be applied if, and not limited to: Asphalt fabric of any kind is found in the existing asphalt during the grinding or demolition of said pavement. When removing and replacing existing asphalt it is discovered that thickness is more than stated in the body of the contract. Standing time or work delays that are incurred, which will be billed as an additional cost to the customer as per the crew onsite. Striping is not Included in Asphalt Item.

Notification and/or posting of signs in preparation for street work to be done by others.

GT General is not responsible Pavement sinking or settling resulting from failure or settling of sub-grade from water erosion, improper compaction or other causes beyond control of scope of work.

GT General is not liable for Drainage of existing and/or designed pavement or existing with fall of less than 2% and less than 1% of fall for concrete.

GT General is not responsible for Damage to underground utilities not shown on blue prints, details, not marked on job site, not buried at appropriate depths or found to be buried in or directly beneath the concrete or asphalt being removed.

Excludes any Landscape and Irrigation Repair, Underground Utility repair, Caulking, Joint seal, Prime Coat, Redwood Header, Weed kill, Underground removals, Patch back at new curbs, gutters, ramps or driveways, reinforcing steel Unless Otherwise Noted(UON).

Backfilling and grading after asphalt patch/paving to be done by others.

Concrete cracking are to be anticipated in post concrete finishing, GT is not liable for cracking during its natrual curing frame of 28 days
GC or Prime Contractor is to protect Concrete from damages after concrete finish. (951) 545-5402 [email protected] Or (951) 768-2035 [email protected] 1912 Elise Circle., Corona, Ca 92879 | Lic. #1105565 | DIR# 1001051342

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1912 Elise Circle., Corona, Ca 92879
GT General is fully licensed, bonded and insured.

If this proposal is acceptable and returned signed, a contract shall be signed by both parties and attached to the contract.

Date
Authorized Customer/Agency Name Printed
Date
GT Authorized Name Printed
GT Authorized Signature
Authorized Customer/Agency Signature
(951) 545-5402 [email protected] Or (951) 768-2035 [email protected] 1912 Elise Circle., Corona, Ca 92879 | Lic. #1105565 | DIR# 1001051342

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1912 Elise Circle., Corona, Ca 92879
(951) 545-5402 [email protected] Or (951) 768-2035 [email protected] 1912 Elise Circle., Corona, Ca 92879 | Lic. #1105565 | DIR# 1001051342

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City of Fontana, San Bernardino County, Bureau of Land Management, Esri, HERE, Garmin, City of Fontana INCREMENT P, USGS, EPA, USDA Street 0 0.02 0.04mi
10/2/2025
Scale 1 : 2,257
/
This information provided "as is" without warranty.

City of Fontana
Ventana Traffic Signal Exhibit JOHN PREVITI AVE
& DUNCAN CYN RD

TRAFFIC SIGNAL

CITRUS AVE &

DUNCAN CYN RD

TRAFFIC SIGNAL

EXISTING CURB

RAMPS TO BE

RECONSTRUCTED AS

PART OF CONTRACT
CHANGE ORDER NO. 2
VENTANA PA 1A & 1B VENTANA PA 3
485
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0585 Agenda Date: 10/14/2025
Agenda #: P. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Purchase and Sale Agreement-16641 & 16643 Orange Way
RECOMMENDATION:

1. Approve a Purchase & Sale Agreement for the purchase of buildings and associated land located at 16641 & 16643 Orange Fontana, CA 92335 specifically described as APN 0191-251-21 & 0191-251-06 in the amount of $7,500,000 plus escrow costs and related acquisition fees.

2. Authorize the purchase of that certain Real Property with APN 0191-251-21 & 0191-251-06 comprised of approximately 34,000 sq. ft. on two parcels of land totaling approx. 67,691 sq. ft (“Property”) from Landexcorp, LLC, A California Limited Liability Company.

3. Authorize the City Manager to enter into the Purchase and Sale Agreement and/or any other documents necessary or appropriate to facilitate said purchase on behalf of the City of Fontana.

COUNCIL GOALS:
· Promote economic development by pursuing business attraction, retention, and expansion. · Practice sound fiscal management by living within our means while investing in the future. · Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

The City of Fontana continues to experience significant population growth and is now the most populous city in San Bernardino County. This growth has led to a corresponding increase in public infrastructure and demands on public services. To illustrate the scale of current maintenance responsibilities, Public Works staff currently manage over 220 traffic signals, 52 public parks, 470 miles of sewer lines, 640 centerline miles of roadway, and more than 28 public buildings-including the recently completed downtown parking structure.

The existing Public Works Yard, located at 16489 Orange Way, consists of two office buildings and service bays supporting multiple divisions: Utilities and Streets, Parks and Landscape, Fleet and Facilities, Inspection, Traffic Operations, and Environmental Compliance. In addition, Public Works operates an adjacent outdoor lot for employee and departmental equipment parking, an equipment City of Fontana Page 1 of 2 Printed on 10/9/2025
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File #: 25-0585 Agenda Date: 10/14/2025
Agenda #: P. Category: Consent Calendar
storage yard, and the Fontana Household Hazardous Waste Facility at 16454 Orange Way.

In response to the increasing scope of City infrastructure and rising service demands along with new state and federal regulatory requirements, the City has added staffing and equipment in recent years.

As a result, staff is facing growing challenges with onsite parking and constrained workspaces. The Yard is inadequate for the service demands being placed on it, already operating beyond its intended capacity, lacking room to accommodate further growth or additional demands for facilities based on state regulations.

The City and the Seller have negotiated a Purchase Agreement with the following proposed dealpoints:
· The City of Fontana would acquire the property for the price of $7,500,000. · The City of Fontana and Seller, Landexcorp, LLC, will equally split any/all escrow fees as appropriate.
· The City will have 90 days from the opening of escrow to complete its due diligence on the subject property to confirm the suitability and condition of the property for the city’s intended use.
· The City will have a ninety-day financing period to complete all wire-transfers and documents necessary for the close of escrow after approval of the feasibility review.

Approval of the Purchase Agreement and acquisition of the subject property is a crucial step in the City’s efforts to expand Public Works facilities.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is estimated to be $11,000,000 (including escrow costs, acquisition fees, and tenant improvements). The necessary budget adjustments will be included in the FY 25-26 First Quarter Budget Report in Fund 632.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 10/9/2025
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© 2019 AIR CRE. All Rights Reserved. Last Edited: 7/25/2025 11:56 AM OFA-20.20, Revised 10-22-2020 Page 1 of 8
Dated: July 16th, 2025

1. Buyer.

1.1 City of Fontana, a municipal corporation , ("Buyer") hereby offersto purchase the real property, hereinaŌer described, from the owner thereof ("Seller") (collecƟvely, the "ParƟes" or individually, a "Party"), through an escrow ("Escrow") to close 30 or Five (5) days or sooner aŌer the waiver orsaƟsfacƟon of the Buyer's ConƟngencies, ("Expected Closing Date") to be held by First American Title & Escrow - Sheri Keene ("Escrow Holder") whose address is 4380 La Jolla Village Drive Suite 200 - San Diego, CA 92122 , Phone No. 858-410-1305 , Facsimile No. 866-898-0113 email: [email protected] upon the terms and condiƟons set forth in this agreement ("Agreement"). Buyer shall have the right to assign Buyer's rights hereunder, but any such assignment shall not relieve Buyer of Buyer's obligaƟons herein unless Seller expressly releases Buyer.

1.2 The term "Date of Agreement" as used herein shall be the date when by execuƟon and delivery (as defined in paragraph 20.2) of this document or a subsequent counteroffer thereto, Buyer and Seller have reached agreement in wriƟng whereby Seller agrees to sell, and Buyer agrees to purchase, the Property upon terms accepted by both ParƟes.

2. Property.

2.1 The real property ("Property") that is the subject of this offer consists of (insert a brief physical descripƟon) a multi-tenant comemrcial property totalling approx. +/-34,000 sq. ft. on two parcels of land totalling approx. +/-67,691 sq. ft. islocated in the County of San Bernardino , is commonly known as (street address, city, state, zip) 16641 & 16643 Orange Way - Fontana, CA 92335 and is legally described as: to be determined in escrow by First American Title (APN: 0191-251-21-0000 & 0191-251-06-0000 ).

2.2 If the legal descripƟon of the Property is not complete or is inaccurate, this Agreement shall not be invalid and the legal descripƟon shall be completed or corrected to meet the requirements of First American Title - Ceecee Curtis & Ruben Castro ("Title Company"), which shall issue the Ɵtle policy hereinaŌer described.

2.3 The Property includes, at no addiƟonal cost to Buyer, the permanent improvementsthereon, including those items which pursuant to applicable law are a part of the property, as well as the following items, if any, owned by Seller and at present located on the Property: electrical distribuƟon systems(power panel, bus ducƟng, conduits, disconnects, lighƟng fixtures); telephone distribuƟon systems(lines, jacks and connecƟons only);space heaters; heaƟng, venƟlaƟng, air condiƟoning equipment ("HVAC"); air lines; fire sprinkler systems;security and fire detecƟon systems; carpets; window coverings; wall coverings; and N/A (collecƟvely, the "Improvements").

2.4 The fire sprinkler monitor: is owned by Seller and included in the Purchase Price, is leased by Seller, and Buyer will need to negoƟate a new lease with the fire monitoring company, ownership will be determined during Escrow, or there is no fire sprinkler monitor.

2.5 Except as provided in Paragraph 2.3, the Purchase Price does not include Seller's personal property, furniture and furnishings, and NONE all of which shall be removed by Seller prior to Closing.

3. Purchase Price.

3.1 The purchase price ("Purchase Price") to be paid by Buyer to Seller for the Property shall be $7,500,000 , payable as follows:
$7,500,000
Total Purchase Price: $7,500,000

3.2 If Buyer is taking Ɵtle to the Property subject to, or assuming, an ExisƟng Deed of Trust and such deed of trust permits the beneficiary to demand payment of fees including, but not limited to, points, processing fees, and appraisal fees as a condiƟon to the transfer of the Property, Buyer agrees to pay such fees up to a maximum of 1.5% of the unpaid principal balance of the applicable ExisƟng Note.

4. Deposits.

4.1 Buyer has delivered to Broker a check in the sum of , payable to Escrow Holder, to be delivered by Broker to Escrow Holder within 2 or business days aŌer both ParƟes have executed this Agreement and the executed Agreement has been delivered to Escrow Holder, or within 2 or

STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS

FOR PURCHASE OF REAL ESTATE
(Non-ResidenƟal)
(Strike any not applicable)
(a) Cash down payment, including the Deposit as defined in paragraph 4.3 (or if an all cash transacƟon, the Purchase Price):
(b) Amount of "New Loan" as defined in paragraph 5.1, if any:
(c) Buyer shall take Ɵtle to the Property subject to and/or assume the following exisƟng deed(s) of trust ("ExisƟng Deed(s) of Trust")securing the exisƟng promissory note(s) ("ExisƟng Note(s)"):
(i) An ExisƟng Note ("First Note") with an unpaid principal balance as of the Closing of approximately:

Said First Note is payable at per month, including interest at the rate of % per annum unƟl paid (and/or the enƟre unpaid balance is due on ). (ii) An ExisƟng Note ("Second Note") with an unpaid principal balance as of the Closing of approximately:

Said Second Note is payable at per month, including interest at the rate of % per annum unƟl paid (and/or the enƟre unpaid balance is due on ). (d) Buyer shall give Seller a deed of trust ("Purchase Money Deed of Trust") on the property, to secure the promissory note of Buyer to Seller described in paragraph 6 ("Purchase Money Note") in the amount of:
***** business days aŌer both ParƟes have executed this Agreement and the executed Agreement has been delivered to Escrow Holder Buyer shall deliver to Escrow Holder a check in the sum of $100,000 . If said check is not received by Escrow Holder within said Ɵme period then Seller may elect to unilaterally terminate this transacƟon by giving wriƩen noƟce ofsuch elecƟon to Escrow Holder whereupon neither Party shall have any further liability to the other under this Agreement. Should Buyer and Seller not enter into an agreement for purchase and sale, Buyer's check or funds shall, upon request by Buyer, be promptly returned to Buyer.

4.2 AddiƟonal deposits:
(a) Within 5 business days aŌer the Date of Agreement, Buyer shall deposit with Escrow Holder the addiƟonal sum of to be applied to the Purchase Price at the Closing.
(b) Within 5 business days aŌer the conƟngencies discussed in paragraph 9.1 (a) through (m) are approved or waived, Buyer shall deposit with Escrow Holder the addiƟonal sum of to be applied to the Purchase Price at the Closing. (c) If an AddiƟonal Deposit is not received by Escrow Holder within the Ɵme period provided then Seller may noƟfy Buyer, Escrow Holder, and Brokers, in wriƟng that, unlessthe AddiƟonal Deposit is received by Escrow Holder within 2 business days following said noƟce, the Escrow shall be deemed terminated without Docusign Envelope ID: 0A22AEC4-BD64-4AC5-99A3-A58A8D2D81A4 488
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INITIALS INITIALS
© 2019 AIR CRE. All Rights Reserved. Last Edited: 7/25/2025 11:56 AM OFA-20.20, Revised 10-22-2020 Page 2 of 8
further noƟce or instrucƟons.

4.3 Escrow Holder shall deposit the funds deposited with it by Buyer pursuant to paragraphs 4.1 and 4.2 (collecƟvely the "Deposit"), in a State or Federally chartered bank in an interest bearing account whose term is appropriate and consistent with the Ɵming requirements of this transacƟon. The interest therefrom shall accrue to the benefit of Buyer, who hereby acknowledges that there may be penalƟes or interest forfeitures if the applicable instrument isredeemed prior to its specified maturity. Buyer's Federal Tax IdenƟficaƟon Number is to be provided directly to escrow if desired . NOTE: Such interest bearing account cannot be opened unƟl Buyer's Federal Tax IdenƟficaƟon Number is provided.

4.4 Notwithstanding the foregoing, within 5 days aŌer Escrow Holder receives the monies described in paragraph 4.1 above, Escrow Holder shall release $100 of said moniesto Seller as and for independent consideraƟon for Seller's' execuƟon of this Agreement and the granƟng of the conƟngency period to Buyer as herein provided. Such independent consideraƟon is non-refundable to Buyer butshall be credited to the Purchase Price in the event that the purchase of the Property is completed.

4.5 Upon waiver of all of Buyer's conƟngenciesthe Depositshall become non-refundable but applicable to the Purchase Price except in the event of a Seller breach, or in the event that the Escrow is terminated pursuant to the provisions of Paragraph 9.1(n) (DestrucƟon, Damage or Loss) or 9.1(o) (Material Change).

5. Financing ConƟngency. (Strike if not applicable)

5.1 This offeris conƟngent upon Buyer obtaining from an insurance company, financial insƟtuƟon or other lender, a commitment to lend to Buyer a sum equal to at least % of the Purchase Price, on terms acceptable to Buyer. Such loan ("New Loan") shall be secured by a first deed of trust or mortgage on the Property. If this Agreement provides for Seller to carry back junior financing, then Seller shall have the right to approve the terms of the New Loan. Seller shall have 7 daysfollowing receipt of the commitmentseƫng forth the proposed terms of the New Loan to approve or disapprove ofsuch proposed terms. If Seller failsto noƟfy Escrow Holder, in wriƟng, of the disapproval within said 7 days it shall be conclusively presumed that Seller has approved the terms of the New Loan.

5.2 If Buyer shall fail to noƟfy its Broker, Escrow Holder and Seller, in wriƟng within days following the Date of Agreement, that the New Loan has not been obtained, itshall be conclusively presumed that Buyer has either obtained said New Loan or has waived this New Loan conƟngency.

5.3 If Buyer shall noƟfy its Broker, Escrow Holder and Seller, in wriƟng, within the Ɵme specified in paragraph 5.2 hereof, that Buyer has not obtained said New Loan, this Agreementshall be terminated, and Buyer shall be enƟtled to the prompt return of the Deposit, plus any interest earned thereon, less only Escrow Holder and Title Company cancellaƟon fees and costs, which Buyer shall pay.

6. Seller Financing. (Purchase Money Note). (Strike if not applicable)

6.1 If Seller approves Buyer's financials(see paragraph 6.5) the Purchase Money Note shall provide for interest on unpaid principal at the rate of % per annum, with principal and interest paid as follows: . The Purchase Money Note and Purchase Money Deed of Trustshall be on the current forms commonly used by Escrow Holder, and be junior and subordinate only to the ExisƟng Note(s) and/or the New Loan expressly called for by this Agreement.

6.2 The Purchase Money Note and/or the Purchase Money Deed of Trust shall contain provisions regarding the following (see also paragraph 10.3 (b)):
(a) Prepayment. Principal may be prepaid in whole or in part at any Ɵme without penalty, at the opƟon of the Buyer. (b) Late Charge. A late charge of 6% shall be payable with respect to any payment of principal, interest, or other charges, not made within 10 days aŌer it is due.
(c) Due On Sale. In the event the Buyer sells or transfers Ɵtle to the Property or any porƟon thereof, then the Seller may, at Seller's opƟon, require the enƟre unpaid balance of said Note to be paid in full.

6.3 If the Purchase Money Deed of Trust is to be subordinate to other financing, Escrow Holder shall, at Buyer's expense prepare and record on Seller's behalf a request for noƟce of default and/or sale with regard to each mortgage or deed of trust to which it will be subordinate.

6.4 WARNING: CALIFORNIA LAW DOES NOT ALLOW DEFICIENCY JUDGEMENTS ON SELLER FINANCING. IF BUYER ULTIMATELY DEFAULTS ON THE LOAN, SELLER'S SOLE REMEDY IS TO FORECLOSE ON THE PROPERTY.

6.5 Seller's obligaƟon to provide financing is conƟngent upon Seller's reasonable approval of Buyer's financial condiƟon. Buyer to provide a current financial statement and copies of its Federal tax returns for the last 3 yearsto Seller within 10 daysfollowing the Date of Agreement. Seller has 10 days following receipt of such documentaƟon to saƟsfy itself with regard to Buyer's financial condiƟon and to noƟfy Escrow Holder asto whether or not Buyer's financial condiƟon is acceptable. If Seller failsto noƟfy Escrow Holder, in wriƟng, of the disapproval of this conƟngency within said Ɵme period, itshall be conclusively presumed that Seller has approved Buyer's financial condiƟon. If Seller is notsaƟsfied with Buyer's financial condiƟon or if Buyer fails to deliver the required documentaƟon then Seller may noƟfy Escrow Holder in wriƟng that Seller Financing will not be available, and Buyer shall have the opƟon, within 10 days of the receipt of such noƟce, to either terminate this transacƟon or to purchase the Property without Seller financing. If Buyer failsto noƟfy Escrow Holder within said Ɵme period of its elecƟon to terminate this transacƟon then Buyer shall be conclusively presumed to have elected to purchase the Property without Seller financing. If Buyer electsto terminate, Buyer's Deposit shall be refunded less Title Company and Escrow Holder cancellaƟon fees and costs, all of which shall be Buyer's obligaƟon.

7. Real Estate Brokers.

7.1 Each Party acknowledges receiving a Disclosure Regarding Real Estate Agency RelaƟonship, confirms and consentsto the following agency relaƟonships in thistransacƟon with the following real estate broker(s) ("Brokers") and/or their agents(“Agent(s)”):

Seller's Brokerage Firm Allied Commercial Real Estate, Inc. License No. 01519318 is the broker of (check one):
the Seller; or both the Buyer and Seller (dual agent).

Seller's Agent Tony M. Guglielmo & Steven D. Roppel License No. 01301532/01151111 is(check one): the Seller's Agent (salesperson or broker associate); or both the Seller's Agent and the Buyer's Agent (dual agent).

Buyer's Brokerage Firm Allied Commercial Real Estate Inc. License No. 01519318 isthe broker of (check one):
the Buyer; or both the Buyer and Seller (dual agent).

Buyer's Agent Tony M. Guglielmo & Steven D. Roppel License No. 01301532 & 01151111 is (check one):
the Buyer's Agent (salesperson or broker associate); or both the Buyer's Agent and the Seller's Agent (dual agent).

The ParƟes acknowledge that other than the Brokers and Agents listed above, there are no other brokers or agents represenƟng the ParƟes or due any fees and/or commissions under this Agreement. Buyer shall use the services of Buyer's Broker exclusively in connecƟon with any and all negoƟaƟons and offers with respect to the Property for a period of 1 year from the date inserted for reference purposes at the top of page 1.

7.2 Buyer and Seller each represent and warrant to the other that he/she/it has had no dealings with any person, firm, broker, agent or finder in connecƟon with the negoƟaƟon of this Agreement and/or the consummaƟon of the purchase and sale contemplated herein, other than the Brokers and Agents named in paragraph 7.1, and no broker, agent or other person, firm or enƟty, other than said Brokers and Agents is/are enƟtled to any commission or finder's fee in connecƟon with this transacƟon as the result of any dealings or acts ofsuch Party. Buyer and Seller do each hereby agree to indemnify, defend, protect and hold the other harmless from and against any costs, expenses or liability for compensaƟon, commission or charges which may be claimed by any broker, agent, finder or othersimilar party, other than said named Brokers and Agents by reason of any dealings or act of the indemnifying Party.

8. Escrow and Closing.

8.1 Upon acceptance hereof by Seller, this Agreement, including any counteroffers incorporated herein by the ParƟes, shall consƟtute not only the agreement of purchase and sale between Buyer and Seller, but also instrucƟons to Escrow Holder for the consummaƟon of the Agreement through the Escrow. Escrow Holder shall not prepare any further escrow instrucƟons restaƟng or amending the Agreement unlessspecifically so instructed by the ParƟes or a Broker herein. Subject to the reasonable approval of the ParƟes, Escrow Holder may, however, include itsstandard general escrow provisions. In the event that there is any conflict between the provisions of the Agreement and the provisions of any addiƟonal escrow instrucƟons the provisions of the Agreement shall prevail as to the ParƟes and the Escrow Holder.

8.2 As soon as pracƟcal aŌer the receipt of this Agreement and any relevant counteroffers, Escrow Holder shall ascertain the Date of Agreement as defined in paragraphs 1.2 and 20.2 and advise the ParƟes and Brokers, in wriƟng, of the date ascertained.

8.3 Escrow Holder is hereby authorized and instructed to conduct the Escrow in accordance with this Agreement, applicable law and custom and pracƟce of the community in which Escrow Holder is located, including any reporƟng requirements of the Internal Revenue Code. In the event of a conflict between the law of the state where the Property islocated and the law of the state where the Escrow Holder islocated, the law of the state where the Property is located shall prevail.

8.4 Subject to saƟsfacƟon of the conƟngencies herein described, Escrow Holder shall close this escrow (the "Closing") by recording a general warranty deed (a grant deed in California) and the other documentsrequired to be recorded, and by disbursing the funds and documents in accordance with this Agreement.

8.5 Buyer and Seller shall each pay one-half of the Escrow Holder's charges and Seller shall pay the usual recording fees and any required documentary transfer taxes. Seller shall pay the premium for a standard coverage owner's or joint protecƟon policy of Ɵtle insurance. (See also paragraph 11.) Docusign Envelope ID: 0A22AEC4-BD64-4AC5-99A3-A58A8D2D81A4 489
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8.6 Escrow Holder shall verify that all of Buyer's conƟngencies have been saƟsfied or waived prior to Closing. The maƩers contained in paragraphs 9.1 subparagraphs (b), (c), (d), (e), (g), (i), (n), and (o), 9.4, 12, 13, 14, 16, 18, 20, 21, 22, and 24 are, however, maƩers of agreement between the ParƟes only and are not instrucƟons to Escrow Holder.

8.7 If this transacƟon isterminated for non-saƟsfacƟon and non-waiver of a Buyer's ConƟngency, as defined in paragraph 9.2 or disapproval of any other maƩer subject to Buyer's approval, then neither of the ParƟes shall thereaŌer have any liability to the other under this Agreement, except to the extent of a breach of any affirmaƟve covenant or warranty in this Agreement. In the event of such terminaƟon, Buyer shall,subject to the provisions of paragraph 8.10, be promptly refunded all funds deposited by Buyer with Escrow Holder, less only the $100 provided for in paragraph 4.4 and the Title Company and Escrow Holder cancellaƟon fees and costs, all of which shall be Buyer's obligaƟon. If thistransacƟon is terminated as a result of Seller's breach of this Agreement then Sellershall pay the Title Company and Escrow Holder cancellaƟon fees and costs.

8.8 The Closing shall occur on the Expected Closing Date, or assoon thereaŌer asthe Escrow isin condiƟon for Closing; provided, however, that if the Closing does not occur by the Expected Closing Date and said Date is not extended by mutual instrucƟons of the ParƟes, a Party not then in default under this Agreement may noƟfy the other Party, Escrow Holder, and Brokers, in wriƟng that, unlessthe Closing occurs within 5 business days following said noƟce, the Escrow shall be deemed terminated without further noƟce or instrucƟons.

8.9 Except as otherwise provided herein, the terminaƟon of Escrow shall not relieve or release either Party from any obligaƟon to pay Escrow Holder'sfees and costs or consƟtute a waiver, release or discharge of any breach or default that has occurred in the performance of the obligaƟons, agreements, covenants or warranƟes contained therein.

8.10 If this Escrow is terminated for any reason other than Seller's breach or default, then as a condiƟon to the return of Buyer's deposit, Buyer shall within 5 days aŌer wriƩen request deliver to Seller, at no charge, copies of allsurveys, engineering studies, soil reports, maps, master plans, feasibility studies and other similar items prepared by or for Buyer that pertain to the Property.

9. ConƟngenciesto Closing.

9.1 The Closing of this transacƟon is conƟngent upon the saƟsfacƟon or waiver of the following conƟngencies. IF BUYER FAILS TO NOTIFY ESCROW HOLDER,

IN WRITING, OF THE DISAPPROVAL OF ANY OF SAID CONTINGENCIES WITHIN THE TIME SPECIFIED THEREIN, IT SHALL BE CONCLUSIVELY PRESUMED THAT BUYER HAS APPROVED SUCH ITEM, MATTER OR DOCUMENT. Buyer's condiƟonal approval shall consƟtute disapproval, unless provision is made by the Seller within the Ɵme specified therefore by the Buyer in such condiƟonal approval or by this Agreement, whichever is later, for the saƟsfacƟon of the condiƟon imposed by the Buyer.

Escrow Holder shall promptly provide all ParƟes with copies of any wriƩen disapproval or condiƟonal approval which it receives. With regard to subparagraphs (a) through (m) the pre-printed Ɵme periods shall control unless a different number of days isinserted in the spaces provided. (a) Disclosure. Seller shall make to Buyer, through Escrow, all of the applicable disclosures required by law (See AIR CRE ("AIR")standard form enƟtled "Seller's Mandatory Disclosure Statement") and provide Buyer with a completed Property InformaƟon Sheet ("Property InformaƟon Sheet") concerning the Property, duly executed by or on behalf of Seller in the current form or equivalent to that published by the AIR within 10 or ****** days following the Date of Agreement. Buyer has Ninety (90) 10 days from thedate of agreement receipt of said disclosures to approve or disapprove the maƩers disclosed. (b) Physical InspecƟon. Buyer has 10 or Ninety (90) days following the receipt of the Property InformaƟon Sheet or the Date of Agreement, whichever is later, to saƟsfy itself with regard to the physical aspects and size of the Property. (c) Hazardous Substance CondiƟons Report. Buyer has 30 or Ninety (90) days following the receipt of the Property InformaƟon Sheet or the Date of Agreement, whichever is later, to saƟsfy itself with regard to the environmental aspects of the Property. Seller recommends that Buyer obtain a Hazardous Substance CondiƟons Report concerning the Property and relevant adjoining properƟes. Any such report shall be paid for by Buyer. A "Hazardous Substance" for purposes of this Agreement is defined as any substance whose nature and/or quanƟty of existence, use, manufacture, disposal or effect,render it subject to Federal, state or local regulaƟon, invesƟgaƟon, remediaƟon or removal as potenƟally injurious to public health or welfare. A "Hazardous Substance CondiƟon" for purposes of this Agreement is defined as the existence on, under or relevantly adjacent to the Property of a Hazardous Substance that would require remediaƟon and/or removal under applicable Federal, state orlocal law. (d) Soil InspecƟon. Buyer has 30 or Ninety (90) days following the receipt of the Property InformaƟon Sheet or the Date of Agreement, whichever is later, to saƟsfy itself with regard to the condiƟon of the soils on the Property. Seller recommends that Buyer obtain a soil test report. Any such report shall be paid for by Buyer. Seller shall provide Buyer copies of any soils report that Seller may have within 10 days following the Date of Agreement. (e) Governmental Approvals. Buyer has 30 or Ninety (90) days following the Date of Agreement to saƟsfy itself with regard to approvals and permits from governmental agencies or departments which have or may have jurisdicƟon over the Property and which Buyer deems necessary or desirable in connecƟon with itsintended use of the Property, including, but not limited to, permits and approvals required with respect to zoning, planning, building and safety, fire, police, handicapped and Americans with DisabiliƟes Act requirements, transportaƟon and environmental maƩers. (f) CondiƟons of Title. Escrow Holder shall cause a current commitment for Ɵtle insurance ("Title Commitment") concerning the Property issued by the Title Company, as well aslegible copies of all documentsreferred to in the Title Commitment ("Underlying Documents"), and a scaled and dimensioned plot showing the locaƟon of any easementsto be delivered to Buyer within 10 or ***** daysfollowing the Date of Agreement. Buyer has Ninety (90) days from the date of agreement 10 daysfrom the receipt of the Title Commitment, the Underlying Documents and the plot plan to saƟsfy itself with regard to the condiƟon of Ɵtle. The disapproval by Buyer of any monetary encumbrance, which by the terms of this Agreement is not to remain against the Property aŌer the Closing,shall not be considered a failure of this conƟngency, as Seller shall have the obligaƟon, at Seller's expense, to saƟsfy and remove such disapproved monetary encumbrance at or before the Closing.
(g) Survey. Buyer has 30 or Ninety (90) days following the Date of Agreement receipt of the Title Commitment and Underlying Documents to saƟsfy itself with regard to any ALTA Ɵtle supplement based upon a survey prepared to American Land Title AssociaƟon ("ALTA") standards for an owner's policy by a licensed surveyor, showing the legal descripƟon and boundary lines of the Property, any easements of record, and any improvements, poles, structures and thingslocated within 10 feet of either side of the Property boundary lines. Any such survey shall be prepared at Buyer's direcƟon and expense. If Buyer has obtained a survey and approved the ALTA Ɵtle supplement, Buyer may elect within the period allowed for Buyer's approval of a survey to have an ALTA extended coverage owner'sform of Ɵtle policy, in which event Buyer shall pay any addiƟonal premium aƩributable thereto. (h) ExisƟng Leases and Tenancy Statements. Seller shall within 10 or ***** days following the Date of Agreement provide both Buyer and Escrow Holder with legible copies of all leases,subleases or rental arrangements (collecƟvely, "ExisƟng Leases") affecƟng the Property, and with a tenancy statement ("Estoppel CerƟficate") in the latest form or equivalent to that published by the AIR, executed by Seller and/or each tenant and subtenant of the Property. Seller shall use its best efforts to have each tenant complete and execute an Estoppel CerƟficate. If any tenant fails or refuses to provide an Estoppel CerƟficate then Seller shall complete and execute an Estoppel CerƟficate for that tenancy. Buyer has 10 Ninety (90) days from the Date of Agreement receipt of said ExisƟng Leases and Estoppel CerƟficates to saƟsfy itself with regard to the ExisƟng Leases and any other tenancy issues. (i) Owner's AssociaƟon. Seller shall within 10 or days following the Date of Agreement provide Buyer with a statement and transfer package from any owner's associaƟon servicing the Property. Such transfer package shall at a minimum include: copies of the associaƟon's bylaws, arƟcles of incorporaƟon, current budget and financial statement. Buyer has 10 days from the receipt of such documents to saƟsfy itself with regard to the associaƟon. (j) Other Agreements. Seller shall within 10 or ****** days following the Date of Agreement provide Buyer with legible copies of all other agreements("Other Agreements") known to Seller that will affect the Property aŌer Closing. Buyer has Ninety (90) 10 days from the Date of Agreement receipt of said Other Agreements to saƟsfy itself with regard to such Agreements. (k) Financing. If paragraph 5 hereof dealing with a financing conƟngency has not been stricken, the saƟsfacƟon or waiver of such New Loan conƟngency. (l) ExisƟng Notes. If paragraph 3.1(c) has not been stricken, Seller shall within 10 or daysfollowing the Date of Agreement provide Buyer with legible copies of the ExisƟng Notes, ExisƟng Deeds of Trust and related agreements (collecƟvely, "Loan Documents") to which the Property will remain subject aŌer the Closing. Escrow Holder shall promptly request from the holders of the ExisƟng Notes a beneficiary statement ("Beneficiary Statement") confirming: (1) the amount of the unpaid principal balance, the current interest rate, and the date to which interest is paid, and (2) the nature and amount of any impounds held by the beneficiary in connecƟon with such loan. Buyer has 10 or days following the receipt of the Loan Documents and Beneficiary Statements to saƟsfy itself with regard to such financing. Buyer's obligaƟon to close is condiƟoned upon Buyer being able to purchase the Property without acceleraƟon or change in the terms of any ExisƟng Notes or chargesto Buyer except as otherwise provided in this Agreement or approved by Buyer, provided, however, Buyer shall pay the transfer fee referred to in paragraph 3.2 hereof. Likewise if Seller is to carry back a Purchase Money Note then Seller shall within 10 or daysfollowing the Date of Agreement provide Buyer with a copy of the proposed Purchase Money Note and Purchase Money Deed of Trust. Buyer has 10 or days following the receipt of such documents to saƟsfy itself with regard to the form and content thereof. (m) Personal Property. In the event that any personal property is included in the Purchase Price, Buyer has 10 or Ninety (90) daysfollowing the Date of Agreement to saƟsfy itself with regard to the Ɵtle condiƟon of such personal property. Seller recommends that Buyer obtain a UCC-1 report. Any such Docusign Envelope ID: 0A22AEC4-BD64-4AC5-99A3-A58A8D2D81A4 490
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© 2019 AIR CRE. All Rights Reserved. Last Edited: 7/25/2025 11:56 AM OFA-20.20, Revised 10-22-2020 Page 4 of 8
reportshall be paid for by Buyer. Seller shall provide Buyer copies of any liens or encumbrances affecƟng such personal property that it is aware of within 10 or ***** days following the Date of Agreement.
(n) DestrucƟon, Damage or Loss. Subsequent to the Date of Agreement and prior to Closing there shall not have occurred a destrucƟon of, or damage or lossto, the Property or any porƟon thereof, from any cause whatsoever, which would cost more than $10,000.00 to repair or cure. If the cost of repair or cure is $10,000.00 or less, Seller shall repair or cure the loss prior to the Closing. Buyer shall have the opƟon, within 10 days aŌer receipt of wriƩen noƟce of a loss cosƟng more than $10,000.00 to repair or cure, to either terminate this Agreement or to purchase the Property notwithstanding such loss, but without deducƟon or offset against the Purchase Price. If the cost to repair or cure is more than $10,000.00, and Buyer does not elect to terminate this Agreement, Buyer shall be enƟtled to any insurance proceeds applicable to such loss. Unless otherwise noƟfied in wriƟng, Escrow Holder shall assume no such destrucƟon, damage or loss has occurred prior to Closing.
(o) Material Change. Buyer shall have 10 days following receipt of wriƩen noƟce of a Material Change within which to saƟsfy itself with regard to such change. "Material Change" shall mean a substanƟal adverse change in the use, occupancy, tenants, Ɵtle, or condiƟon of the Property that occurs aŌer the date of this offer and prior to the Closing. Unless otherwise noƟfied in wriƟng, Escrow Holder shall assume that no Material Change has occurred prior to the Closing. (p) Seller Performance. The delivery of all documents and the due performance by Seller of each and every undertaking and agreement to be performed by Seller under this Agreement.
(q) Brokerage Fee. Payment at the Closing of such brokerage fee as isspecified in this Agreement or later wriƩen instrucƟons to Escrow Holder executed by Seller and Brokers ("Brokerage Fee"). It is agreed by the ParƟes and Escrow Holder that Brokers are a third party beneficiary of this Agreement insofar as the Brokerage Fee is concerned, and that no change shall be made with respect to the payment of the Brokerage Fee specified in this Agreement, without the wriƩen consent of Brokers.

9.2 All of the conƟngenciesspecified in subparagraphs (a) through (m) of paragraph 9.1 are for the benefit of, and may be waived by, Buyer, and may be elsewhere herein referred to as "Buyer's ConƟngencies."

9.3 If any of Buyer's ConƟngencies or any other maƩer subject to Buyer's approval is disapproved as provided for herein in a Ɵmely manner ("Disapproved Item"), Seller shall have the right within 10 days following the receipt of noƟce of Buyer's disapproval to elect to cure such Disapproved Item prior to the Expected Closing Date ("Seller's ElecƟon"). Seller'sfailure to give to Buyer within such period, wriƩen noƟce of Seller's commitment to cure such Disapproved Item on or before the Expected Closing Date shall be conclusively presumed to be Seller's ElecƟon not to cure such Disapproved Item. If Seller elects, either by wriƩen noƟce or failure to give wriƩen noƟce, not to cure a Disapproved Item, Buyer shall have the right, within 10 days aŌer Seller's ElecƟon to either accept Ɵtle to the Property subject to such Disapproved Item, or to terminate this Agreement. Buyer's failure to noƟfy Seller in wriƟng of Buyer's elecƟon to accept Ɵtle to the Property subject to the Disapproved Item without deducƟon or offsetshall consƟtute Buyer's elecƟon to terminate this Agreement. The above Ɵme periods only apply once for each Disapproved Item. Unless expressly provided otherwise herein, Seller's right to cure shall not apply to the remediaƟon of Hazardous Substance CondiƟons or to the Financing ConƟngency. Unless the ParƟes mutually instruct otherwise, if the Ɵme periods for the saƟsfacƟon of conƟngencies or for Seller's and Buyer's elecƟons would expire on a date aŌer the Expected Closing Date, the Expected Closing Date shall be deemed extended for 3 business days following the expiraƟon of: (a) the applicable conƟngency period(s), (b) the period within which the Seller may elect to cure the Disapproved Item, or (c) if Seller elects not to cure, the period within which Buyer may elect to proceed with thistransacƟon, whichever is later.

9.4 The ParƟes acknowledge that extensive local, state and Federal legislaƟon establish broad liability upon owners and/or users of real property for the invesƟgaƟon and remediaƟon of Hazardous Substances. The determinaƟon of the existence of a Hazardous Substance CondiƟon and the evaluaƟon of the impact of such a condiƟon are highly technical and beyond the experƟse of Brokers. The ParƟes acknowledge that they have been advised by Brokers to consult their own technical and legal experts with respect to the possible presence of Hazardous Substances on the Property or adjoining properƟes, and Buyer and Seller are not relying upon any invesƟgaƟon by or statement of Brokers with respect thereto. The ParƟes hereby assume all responsibility for the impact of such Hazardous Substances upon their respecƟve interests herein.

10. Documents and Other Items Required at or Before Closing.

10.1 Five days prior to the Closing date Escrow Holder shall obtain an updated Title Commitment concerning the Property from the Title Company and provide copies thereof to each of the ParƟes.

10.2 Seller shall deliver to Escrow Holder in Ɵme for delivery to Buyer at the Closing:
(a) Grant or general warranty deed, duly executed and in recordable form, conveying fee Ɵtle to the Property to Buyer. (b) If applicable, the Beneficiary Statements concerning ExisƟng Note(s). (c) If applicable, the ExisƟng Leases and Other Agreements together with duly executed assignmentsthereof by Seller and Buyer. The assignment of ExisƟng Leases shall be on the most recent Assignment and AssumpƟon of Lessor'sInterest in Lease form published by the AIR or its equivalent. (d) An affidavit executed by Seller to the effect that Seller is not a "foreign person" within the meaning of Internal Revenue Code SecƟon 1445 or successor statutes. If Seller does not provide such affidavit in form reasonably saƟsfactory to Buyer at least 3 business days prior to the Closing, Escrow Holder shall at the Closing deduct from Seller's proceeds and remit to the Internal Revenue Service such sum as isrequired by applicable Federal law with respect to purchases from foreign sellers.
(e) If the Property is located in California, an affidavit executed by Seller to the effect that Seller is not a ''nonresident" within the meaning of California Revenue and Tax Code SecƟon 18662 or successor statutes. If Seller does not provide such affidavit in form reasonably saƟsfactory to Buyer at least 3 business days prior to the Closing, Escrow Holder shall at the Closing deduct from Seller's proceeds and remit to the Franchise Tax Board such sum as is required by such statute. (f) If applicable, a bill ofsale, duly executed, conveying Ɵtle to any included personal property to Buyer. (g) If the Seller is a corporaƟon, a duly executed corporate resoluƟon authorizing the execuƟon of this Agreement and the sale of the Property.

10.3 Buyer shall deliver to Seller through Escrow:
(a) The cash porƟon of the Purchase Price and such addiƟonal sums as are required of Buyer under this Agreementshall be deposited by Buyer with Escrow Holder, by federal funds wire transfer, or any other method acceptable to Escrow Holder in immediately collectable funds, no later than 2:00 P.M. on the business day prior to the Expected Closing Date provided, however, that Buyer shall not be required to deposit such monies into Escrow if at the Ɵme set for the deposit of such monies Seller isin default or hasindicated that it will not perform any of its obligaƟons hereunder. Instead, in such circumstances in order to reserve its rights to proceed Buyer need only provide Escrow with evidence establishing that the required monies were available. (b) If a Purchase Money Note and Purchase Money Deed of Trust are called for by this Agreement, the duly executed originals of those documents, the Purchase Money Deed of Trust being in recordable form, together with evidence of fire insurance on the improvements in the amount of the full replacement cost naming Seller as a mortgage loss payee, and a real estate tax service contract (at Buyer's expense), assuring Seller of noƟce of the status of payment of real property taxes during the life of the Purchase Money Note.
(c) The Assignment and AssumpƟon of Lessor'sInterest in Lease form specified in paragraph 10.2(c) above, duly executed by Buyer. (d) AssumpƟons duly executed by Buyer of the obligaƟons of Seller that accrue aŌer Closing under any Other Agreements. (e) If applicable, a wriƩen assumpƟon duly executed by Buyer of the loan documents with respect to ExisƟng Notes. (f) If the Buyer is a corporaƟon, a duly executed corporate resoluƟon authorizing the execuƟon of this Agreement and the purchase of the Property.

10.4 At Closing, Escrow Holder shall cause to be issued to Buyer a standard coverage (or ALTA extended, if elected pursuant to 9.1(g)) owner's form policy of Ɵtle insurance effecƟve as of the Closing, issued by the Title Company in the full amount of the Purchase Price, insuring Ɵtle to the Property vested in Buyer, subject only to the excepƟons approved by Buyer. In the event there is a Purchase Money Deed of Trust in this transacƟon, the policy of Ɵtle insurance shall be a joint protecƟon policy insuring both Buyer and Seller.

IMPORTANT: IN A PURCHASE OR EXCHANGE OF REAL PROPERTY, IT MAY BE ADVISABLE TO OBTAIN TITLE INSURANCE IN CONNECTION WITH THE CLOSE OF ESCROW SINCE THERE MAY BE PRIOR RECORDED LIENS AND ENCUMBRANCES WHICH AFFECT YOUR INTEREST IN THE PROPERTY BEING ACQUIRED. A NEW POLICY OF TITLE INSURANCE SHOULD BE OBTAINED IN ORDER TO ENSURE YOUR INTEREST IN THE PROPERTY THAT YOU ARE ACQUIRING.

11. ProraƟons and Adjustments.

11.1 Taxes. Applicable real property taxes and special assessment bonds shall be prorated through Escrow as of the date of the Closing, based upon the latest tax bill available. The ParƟes agree to prorate as of the Closing any taxes assessed against the Property by supplemental bill levied by reason of events occurring prior to the Closing. Payment of the prorated amount shall be made promptly in cash upon receipt of a copy of any supplemental bill.

11.2 Insurance. WARNING: Any insurance which Seller may have maintained will terminate on the Closing. Buyer is advised to obtain appropriate insurance to cover the Property.

11.3 Rentals, Interest and Expenses. Scheduled rentals, interest on ExisƟng Notes, uƟliƟes, and operaƟng expenses shall be prorated as of the date of Closing.

The ParƟes agree to promptly adjust between themselves outside of Escrow any rents received aŌer the Closing.

11.4 Security Deposit. Security Deposits held by Seller shall be given to Buyer as a credit to the cash required of Buyer at the Closing.

11.5 Post Closing MaƩers. Any item to be prorated that is not determined or determinable at the Closing shall be promptly adjusted by the ParƟes by appropriate cash payment outside of the Escrow when the amount due is determined.

11.6 VariaƟons in ExisƟng Note Balances. In the event that Buyer is purchasing the Property subject to an ExisƟng Deed of Trust(s), and in the event that a Docusign Envelope ID: 0A22AEC4-BD64-4AC5-99A3-A58A8D2D81A4 491
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Beneficiary Statement asto the applicable ExisƟng Note(s) discloses that the unpaid principal balance ofsuch ExisƟng Note(s) at the closing will be more or less than the amount set forth in paragraph 3.1(c) hereof ("ExisƟng Note VariaƟon"), then the Purchase Money Note(s) shall be reduced or increased by an amount equal to such ExisƟng Note VariaƟon. If there is to be no Purchase Money Note, the cash required at the Closing per paragraph 3.1(a)shall be reduced orincreased by the amount of such ExisƟng Note VariaƟon.

11.7 VariaƟons in New Loan Balance. In the event Buyer is obtaining a New Loan and the amount ulƟmately obtained exceeds the amount set forth in paragraph 5.1, then the amount of the Purchase Money Note, if any,shall be reduced by the amount of such excess.

11.8 Owner's AssociaƟon Fees. Escrow Holder shall: (i) bring Seller's account with the associaƟon current and pay any delinquencies or transfer fees from Seller's proceeds, and (ii) pay any up front fees required by the associaƟon from Buyer's funds.

12. RepresentaƟons and WarranƟes of Seller and Disclaimers.

12.1 Seller's warranƟes and representaƟons shall survive the Closing and delivery of the deed for a period of 3 years, and any lawsuit or acƟon based upon them must be commenced within such Ɵme period. Seller's warranƟes and representaƟons are true, material and relied upon by Buyer and Brokers in all respects. Seller hereby makes the following warranƟes and representaƟons to Buyer and Brokers:
(a) Authority of Seller. Selleris the owner of the Property and/or has the full right, power and authority to sell, convey and transfer the Property to Buyer as provided herein, and to perform Seller's obligaƟons hereunder. (b) Maintenance During Escrow and Equipment CondiƟon At Closing. Except as otherwise provided in paragraph 9.1(n) hereof, Sellershall maintain the Property unƟl the Closing in its present condiƟon, ordinary wear and tear excepted. (c) Hazardous Substances/Storage Tanks. Seller has no knowledge, except as otherwise disclosed to Buyer in wriƟng, of the existence or prior existence on the Property of any Hazardous Substance, nor of the existence or prior existence of any above or below ground storage tank. (d) Compliance. Except as otherwise disclosed in wriƟng, Seller has no knowledge of any aspect or condiƟon of the Property which violates applicable laws, rules, regulaƟons, codes or covenants, condiƟons or restricƟons, or of improvements or alteraƟons made to the Property without a permit where one was required, or of any unfulfilled order or direcƟve of any applicable governmental agency or casualty insurance company requiring any invesƟgaƟon, remediaƟon, repair, maintenance or improvement be performed on the Property. (e) Changes in Agreements. Prior to the Closing, Seller will not violate or modify any ExisƟng Lease or Other Agreement, or create any new leases or other agreements affecƟng the Property, without Buyer's wriƩen approval, which approval will not be unreasonably withheld. (f) Possessory Rights. Seller has no knowledge that anyone will, at the Closing, have any right to possession of the Property, except as disclosed by this Agreement or otherwise in wriƟng to Buyer.
(g) Mechanics' Liens. There are no unsaƟsfied mechanics' or materialmens' lien rights concerning the Property. (h) AcƟons, Suits or Proceedings. Seller has no knowledge of any acƟons, suits or proceedings pending orthreatened before any commission, board, bureau, agency, arbitrator, court or tribunal that would affect the Property or the right to occupy or uƟlize same. (i) NoƟce of Changes. Seller will promptly noƟfy Buyer and Brokers in wriƟng of any Material Change (see paragraph 9.1(o)) affecƟng the Property that becomes known to Seller prior to the Closing.
(j) No Tenant Bankruptcy Proceedings. Seller has no noƟce or knowledge that any tenant of the Property isthe subject of a bankruptcy or insolvency proceeding.
(k) No Seller Bankruptcy Proceedings. Seller is not the subject of a bankruptcy, insolvency or probate proceeding. (l) Personal Property. Seller has no knowledge that anyone will, at the Closing, have any right to possession of any personal property included in the Purchase Price nor knowledge of any liens or encumbrances affecƟng such personal property, except as disclosed by this Agreement or otherwise in wriƟng to Buyer.

12.2 Buyer hereby acknowledges that, except as otherwise stated in this Agreement, Buyer is purchasing the Property in its exisƟng condiƟon and will, by the Ɵme called for herein, make or have waived all inspecƟons of the Property Buyer believes are necessary to protect its own interest in, and its contemplated use of, the Property. The ParƟes acknowledge that, except as otherwise stated in this Agreement, no representaƟons, inducements, promises, agreements, assurances, oral or wriƩen, concerning the Property, or any aspect of the occupaƟonal safety and health laws, Hazardous Substance laws, or any other act, ordinance or law, have been made by either Party or Brokers, or relied upon by either Party hereto.

12.3 In the event that Buyer learns that a Seller representaƟon or warranty might be untrue prior to the Closing, and Buyer electsto purchase the Property anyway then, and in that event, Buyer waives any right that it may have to bring an acƟon or proceeding against Seller or Brokers regarding said representaƟon or warranty.

12.4 Any environmental reports, soils reports, surveys, and othersimilar documents which were prepared by third party consultants and provided to Buyer by Seller or Seller's representaƟves, have been delivered as an accommodaƟon to Buyer and without any representaƟon or warranty as to the sufficiency, accuracy, completeness, and/or validity of said documents, all of which Buyer relies on at its own risk. Seller believes said documents to be accurate, but Buyer is advised to retain appropriate consultants to review said documents and invesƟgate the Property.

13. Possession.

Possession of the Property shall be given to Buyer at the Closing subject to the rights of tenants under ExisƟng Leases.

14. Buyer's Entry.

At any Ɵme during the Escrow period, Buyer, and its agents and representaƟves, shall have the right at reasonable Ɵmes and subject to rights of tenants, to enter upon the Property for the purpose of making inspecƟons and tests specified in this Agreement. No destrucƟve tesƟng shall be conducted, however, without Seller's prior approval which shall not be unreasonably withheld. Following any such entry or work, unless otherwise directed in wriƟng by Seller, Buyer shall return the Property to the condiƟon it was in prior to such entry or work, including the re-compacƟon or removal of any disrupted soil or material as Seller may reasonably direct. Allsuch inspecƟons and tests and any other work conducted or materials furnished with respect to the Property by or for Buyer shall be paid for by Buyer as and when due and Buyer shall indemnify, defend, protect and hold harmless Seller and the Property of and from any and all claims, liabiliƟes, losses, expenses (including reasonable aƩorneys' fees), damages, including those for injury to person or property, arising out of or relaƟng to any such work or materials or the acts or omissions of Buyer, its agents or employees in connecƟon therewith.

15. Further Documents and Assurances.

The ParƟes shall each, diligently and in good faith, undertake all acƟons and procedures reasonably required to place the Escrow in condiƟon for Closing as and when required by this Agreement. The ParƟes agree to provide all further informaƟon, and to execute and deliver all further documents, reasonably required by Escrow Holder or the Title Company.

16. AƩorneys' Fees.

If any Party or Broker brings an acƟon or proceeding (including arbitraƟon) involving the Property whether founded in tort, contract or equity, or to declare rights hereunder, the Prevailing Party (as hereaŌer defined) in any such proceeding, acƟon, or appeal thereon, shall be enƟtled to reasonable aƩorneys' fees and costs. Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such acƟon or proceeding is pursued to decision or judgment. The term "Prevailing Party" shall include, without limitaƟon, a Party or Broker who substanƟally obtains or defeatsthe reliefsought, as the case may be, whether by compromise, seƩlement, judgment, or the abandonment by the other Party or Broker of its claim or defense. The aƩorneys' fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all aƩorneys' feesreasonably incurred.

17. Prior Agreements/Amendments.

17.1 This Agreementsupersedes any and all prior agreements between Seller and Buyer regarding the Property.

17.2 Amendments to this Agreement are effecƟve only if made in wriƟng and executed by Buyer and Seller.

18. Broker's Rights.

18.1 If this sale is not consummated due to the default of either the Buyer or Seller, the defaulƟng Party shall be liable to and shall pay to Brokers the Brokerage Fee that Brokers would have received had the sale been consummated. If Buyer isthe defaulƟng party, payment of said Brokerage Fee is in addiƟon to any obligaƟon with respect to liquidated or other damages.

18.2 Upon the Closing, Brokers are authorized to publicize the facts of this transacƟon.

19. NoƟces.

19.1 Whenever any Party, Escrow Holder or Brokers herein shall desire to give or serve any noƟce, demand, request, approval, disapproval or other communicaƟon, each such communicaƟon shall be in wriƟng and shall be delivered personally, by messenger, or by mail, postage prepaid, to the address set forth in this agreement or by facsimile transmission, electronic signature, digital signature, or email.

19.2 Service of any such communicaƟon shall be deemed made on the date of actual receipt if personally delivered, or transmiƩed by facsimile transmission, electronic signature, digital signature, or email. Any such communicaƟon sent by regular mail shall be deemed given 48 hours aŌer the same is mailed.

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CommunicaƟons sent by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed delivered 24 hours aŌer delivery of the same to the Postal Service or courier. If such communicaƟon isreceived on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day.

19.3 Any Party or Broker hereto may from Ɵme to Ɵme, by noƟce in wriƟng, designate a different address to which, or a different person or addiƟonal persons to whom, all communicaƟons are thereaŌer to be made.

20. DuraƟon of Offer.

20.1 If this offeris not accepted by Seller on or before 5:00 P.M. according to the Ɵme standard applicable to the city of Fontana, CA on the date of Friday August 1st, 2025 , it shall be deemed automaƟcally revoked.

20.2 The acceptance of this offer, or of any subsequent counteroffer hereto, that creates an agreement between the ParƟes as described in paragraph 1.2, shall be deemed made upon delivery to the other Party or either Broker herein of a duly executed wriƟng uncondiƟonally accepƟng the last outstanding offer or counteroffer.

21. LIQUIDATED DAMAGES. (This Liquidated Damages paragraph is applicable only if iniƟaled by both ParƟes).

THE PARTIES AGREE THAT IT WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO FIX, PRIOR TO SIGNING THIS AGREEMENT, THE ACTUAL DAMAGES WHICH WOULD BE SUFFERED BY SELLER IF BUYER FAILS TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. THEREFORE, IF, AFTER THE SATISFACTION OR WAIVER

OF ALL CONTINGENCIES PROVIDED FOR THE BUYER'S BENEFIT, BUYER BREACHES THIS AGREEMENT, SELLER SHALL BE ENTITLED TO LIQUIDATED DAMAGES IN THE AMOUNT OF $100,000 . UPON PAYMENT OF SAID SUM TO SELLER, BUYER SHALL BE RELEASED FROM ANY FURTHER LIABILITY TO SELLER, AND ANY ESCROW CANCELLATION FEES AND TITLE COMPANY CHARGES SHALL BE PAID BY SELLER.

Buyer's IniƟals Seller's IniƟals

22. ARBITRATION OF DISPUTES. (This ArbitraƟon of Disputes paragraph is applicable only if iniƟaled by both ParƟes.)

22.1 ANY CONTROVERSY AS TO WHETHER SELLER IS ENTITLED TO LIQUIDATED DAMAGES AND/OR BUYER IS ENTITLED TO THE RETURN OF THE DEPOSIT SHALL BE DETERMINED BY BINDING ARBITRATION ADMINISTERED BY THE JUDICIAL ARBITRATION & MEDIATION SERVICES, INC. ("JAMS") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES ("COMMERCIAL RULES"). ARBITRATION HEARINGS SHALL BE HELD IN THE COUNTY WHERE THE PROPERTY IS LOCATED.

SUCH CONTROVERSY SHALL BE ARBITRATED BY A SINGLE ARBITRATOR, APPOINTED UNDER THE COMMERCIAL RULES WHO HAS HAD AT LEAST 5 YEARS OF EXPERIENCE IN THE TYPE OF REAL ESTATE THAT IS THE SUBJECT OF THIS AGREEMENT. THE ARBITRATOR SHALL HEAR AND DETERMINE SAID CONTROVERSY IN

ACCORDANCE WITH APPLICABLE LAW OF THE JURISDICTION WHERE THE PROPERTY IS LOCATED, THE INTENTION OF THE PARTIES AS EXPRESSED IN THIS AGREEMENT AND ANY AMENDMENTS THERETO, AND UPON THE EVIDENCE PRODUCED AT AN ARBITRATION HEARING. PRE-ARBITRATION DISCOVERY SHALL BE PERMITTED IN ACCORDANCE WITH THE COMMERCIAL RULES OR STATE LAW APPLICABLE TO ARBITRATION PROCEEDINGS. THE ARBITRATOR SHALL RENDER AN AWARD WITHIN 30 DAYS AFTER THE CONCLUSION OF THE HEARING, WHICH MAY INCLUDE ATTORNEYS' FEES AND COSTS TO THE PREVAILING PARTY PER PARAGRAPH 16 HEREOF AND SHALL BE ACCOMPANIED BY A REASONED OPINION. THE FAILURE OR REFUSAL OF A PARTY TO PAY SUCH PARTY’S REQUIRED SHARE

OF THE DEPOSITS FOR ARBITRATOR COMPENSATION OR ADMINISTRATIVE CHARGES SHALL CONSTITUTE A WAIVER BY SUCH PARTY TO PRESENT EVIDENCE OR

CROSS-EXAMINE WITNESSES, BUT SUCH WAIVER SHALL NOT ALLOW FOR A DEFAULT JUDGMENT AGAINST THE NON-PAYING PARTY IN THE ABSENCE OF EVIDENCE AND LEGAL ARGUMENT AS THE ARBITRATOR MAY REQUIRE FOR MAKING AN AWARD. JUDGMENT MAY BE ENTERED ON THE AWARD IN ANY COURT OF COMPETENT JURISDICTION NOTWITHSTANDING THE FAILURE OF A PARTY DULY NOTIFIED OF THE ARBITRATION HEARING TO APPEAR THEREAT.

22.2 BUYER'S RESORT TO OR PARTICIPATION IN SUCH ARBITRATION PROCEEDINGS SHALL NOT BAR SUIT IN A COURT OF COMPETENT JURISDICTION BY THE

BUYER FOR DAMAGES AND/OR SPECIFIC PERFORMANCE UNLESS AND UNTIL THE ARBITRATION RESULTS IN AN AWARD TO THE SELLER OF LIQUIDATED DAMAGES, IN WHICH EVENT SUCH AWARD SHALL ACT AS A BAR AGAINST ANY ACTION BY BUYER FOR DAMAGES AND/OR SPECIFIC PERFORMANCE.

22.3 NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.

WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION.

Buyer'sIniƟals Seller'sIniƟals

23. Miscellaneous.

23.1 Binding Effect. This Agreementshall be binding on the ParƟes without regard to whether or not paragraphs 21 and 22 are iniƟaled by both of the ParƟes.

Paragraphs 21 and 22 are each incorporated into this Agreement only if iniƟaled by both ParƟes at the Ɵme that the Agreement is executed. Signatures to this Agreement accomplished by means of electronic signature orsimilar technology shall be legal and binding.

23.2 Applicable Law. This Agreementshall be governed by, and paragraph 22.3 is amended to refer to, the laws of the state in which the Property islocated.

Any liƟgaƟon or arbitraƟon between the ParƟes hereto concerning this Agreement shall be iniƟated in the county in which the Property islocated.

23.3 Time of Essence. Time is of the essence of this Agreement.

23.4 Counterparts. This Agreement may be executed by Buyer and Seller in counterparts, each of which shall be deemed an original, and all of which together shall consƟtute one and the same instrument. Escrow Holder, aŌer verifying that the counterparts are idenƟcal except for the signatures, is authorized and instructed to combine the signed signature pages on one of the counterparts, which shall then consƟtute the Agreement.

23.5 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING THE PROPERTY OR ARISING OUT OF THIS AGREEMENT.

23.6 Conflict. Any conflict between the printed provisions of this Agreement and the typewriƩen or handwriƩen provisionsshall be controlled by the typewriƩen or handwriƩen provisions. Seller and Buyer must iniƟal any and all handwriƩen provisions.

23.7 1031 Exchange. Both Seller and Buyer agree to cooperate with each other in the event that either or both wish to parƟcipate in a 1031 exchange. Any party iniƟaƟng an exchange shall bear all costs of such exchange. The cooperaƟng Party shall not have any liability (special or otherwise) for damages to the exchanging Party in the event that the sale is delayed and/or that the sale otherwise fails to qualify as a 1031 exchange.

23.8 Days. Unless otherwise specifically indicated to the contrary, the word "days" as used in this Agreement shall mean and refer to calendar days.

24. Disclosures Regarding The Nature of a Real Estate Agency RelaƟonship.

24.1 The ParƟes and Brokers agree that their relaƟonship(s) shall be governed by the principles set forth in the applicable secƟons of the California Civil Code, as summarized in paragraph 24.2.

24.2 When entering into a discussion with a real estate agent regarding a real estate transacƟon, a Buyer or Seller should from the outset understand what type of agency relaƟonship or representaƟon it has with the agent or agentsin the transacƟon. Buyer and Seller acknowledge being advised by the Brokersin this transacƟon, as follows:
(a) Seller's Agent. A Seller's agent under a lisƟng agreement with the Seller acts as the agent for the Seller only. A Seller's agent or subagent hasthe following affirmaƟve obligaƟons: (1) To the Seller: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller. (2) To the Buyer and the Seller: a. Diligent exercise of reasonable skills and care in performance of the agent's duƟes. b. A duty of honest and fair dealing and good faith. c. A duty to disclose all facts known to the agent materially affecƟng the value or desirability of the property that are not known to, or within the diligent aƩenƟon and observaƟon of, the ParƟes. An agent is not obligated to reveal to either Party any confidenƟal informaƟon obtained from the other Party which does not involve the affirmaƟve duƟes set forth above.
(b) Buyer's Agent. A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situaƟons, the agent is not the Seller's agent, even if by agreement the agent may receive compensaƟon for services rendered, either in full orin part from the Seller. An agent acƟng only for a Buyer has the following affirmaƟve obligaƟons. (1) To the Buyer: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Buyer. (2) To the Buyer and the Seller: a. Diligent exercise of reasonable skills and care in performance of the agent's duƟes. b. A duty of honest and fair dealing and good faith. c. A duty to Docusign Envelope ID: 0A22AEC4-BD64-4AC5-99A3-A58A8D2D81A4 493
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disclose all facts known to the agent materially affecƟng the value or desirability of the property that are not known to, or within the diligent aƩenƟon and observaƟon of, the ParƟes. An agent is not obligated to reveal to either Party any confidenƟal informaƟon obtained from the other Party which does not involve the affirmaƟve duƟes set forth above.
(c) Agent RepresenƟng Both Seller and Buyer. A real estate agent, either acƟng directly or through one or more associate licenses, can legally be the agent of both the Seller and the Buyer in a transacƟon, but only with the knowledge and consent of both the Seller and the Buyer. (1) In a dual agency situaƟon, the agent has the following affirmaƟve obligaƟons to both the Seller and the Buyer: a. A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either Seller or the Buyer. b. Other duƟes to the Seller and the Buyer as stated above in their respecƟve secƟons (a) or (b) of this paragraph 24.2. (2) In represenƟng both Seller and Buyer, the agent may not, without the express permission of the respecƟve Party, disclose to the other Party confidenƟal informaƟon, including, but not limited to, facts relaƟng to either Buyer's or Seller's financial posiƟon, moƟvaƟons, bargaining posiƟon, or other personal informaƟon that may impact price, including Seller's willingness to accept a price less than the lisƟng price or Buyer's willingnessto pay a price greater than the price offered. (3) The above duƟes of the agent in a real estate transacƟon do not relieve a Seller or Buyer from the responsibility to protect their own interests. Buyer and Seller should carefully read all agreementsto assure that they adequately express their understanding of the transacƟon. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. Buyer hasthe duty to exercise reasonable care to protect Buyer, including asto those facts about the Property which are known to Buyer or within Buyer's diligent aƩenƟon and observaƟon. Both Seller and Buyer should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transacƟon can be complex and subject to change. (d) Further Disclosures. Throughout this transacƟon Buyer and Seller may receive more than one disclosure, depending upon the number of agents assisƟng in the transacƟon. Buyer and Seller should each read its contents each Ɵme it is presented, considering the relaƟonship between them and the real estate agent in thistransacƟon and that disclosure. Buyer and Seller each acknowledge receipt of a disclosure of the possibility of mulƟple representaƟon by the Broker represenƟng that principal. This disclosure may be part of a lisƟng agreement, buyer representaƟon agreement or separate document. Buyer understands that Broker represenƟng Buyer may also represent other potenƟal buyers, who may consider, make offers on or ulƟmately acquire the Property. Seller understands that Broker represenƟng Seller may also represent other sellers with compeƟng properƟes that may be of interest to this Buyer. Brokers have no responsibility with respect to any default or breach hereof by either Party. The ParƟes agree that no lawsuit or other legal proceeding involving any breach of duty, error or omission relaƟng to thistransacƟon may be brought against Broker more than one year aŌer the Date of Agreement and that the liability (including court costs and aƩorneys' fees), of any Broker with respect to any breach of duty, error or omission relaƟng to this Agreementshall not exceed the fee received by such Broker pursuant to this Agreement; provided, however, that the foregoing limitaƟon on each Broker'sliability shall not be applicable to any gross negligence or willful misconduct of such Broker.

24.3 ConfidenƟal InformaƟon. Buyer and Seller agree to idenƟfy to Brokers as "ConfidenƟal" any communicaƟon or informaƟon given Brokers that is considered by such Party to be confidenƟal.

25. ConstrucƟon of Agreement. In construing this Agreement, all headings and Ɵtles are for the convenience of the ParƟes only and shall not be considered a part of this Agreement. Whenever required by the context, the singular shall include the plural and vice versa. This Agreement shall not be construed as if prepared by one of the ParƟes, but rather according to its fair meaning as a whole, asif both ParƟes had prepared it.

26. AddiƟonal Provisions.

AddiƟonal provisions of this offer, if any, are as follows or are aƩached hereto by an addendum or addenda consisƟng of paragraphs 26.1 through

26.1 . (If there are no addiƟonal provisions write "NONE".)

26.1: Incorporated into the agreement is the attached ADDENDUM TO THE AIR COMMERCIAL

REAL ESTATE ASSOCIATION STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS FOR PURCHASE OF REAL ESTATE which includes modifications to paragraph's 9.1(h), 11.1 & 12.1(c).

ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY AIR CRE OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS AGREEMENT OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO:

1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS AGREEMENT.

2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PROPERTY. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PROPERTY, THE INTEGRITY AND CONDITION OF ANY STRUCTURES AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PROPERTY FOR BUYER'S INTENDED USE.

WARNING: IF THE PROPERTY IS LOCATED IN A STATE OTHER THAN CALIFORNIA, CERTAIN PROVISIONS OF THIS AGREEMENT MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF THE STATE IN WHICH THE PROPERTY IS LOCATED.

NOTE:

1. THIS FORM IS NOT FOR USE IN CONNECTION WITH THE SALE OF RESIDENTIAL PROPERTY.

2. IF EITHER PARTY IS A CORPORATION, IT IS RECOMMENDED THAT THIS AGREEMENT BE SIGNED BY TWO CORPORATE OFFICERS.

The undersigned Buyer offers and agreesto buy the Property on the terms and condiƟons stated and acknowledges receipt of a copy hereof.

BROKER
Allied Commercial Real Estate Inc.

AƩn: Tony M. Guglielmo & Steven D. Roppel
Title: Broker/Owner & Senior VP
Address: 9327 Fairway View Place, Suite 300
Rancho Cucamonga, CA 91730
Phone: 909-786-4300
Fax: 909-786-4301
Email: [email protected] &
[email protected]
Federal ID No.:

Broker DRE License #: 01519318
Agent DRE License #: 01301532 & 01151111
Date:

BUYER
City of Fontana, a municipal corporation
By:

Name Printed: Matthew C. Ballantyne
Title: City Manager
Phone:

Fax:

Email:

By:

Name Printed:

Title:

Phone:

Fax:

Email:

Address: 8353 Sierra Avenue
Fontana, CA 92335
Federal ID No.: to be provided directly to escrow
if desired

27. Acceptance.

27.1 Seller accepts the foregoing offer to purchase the Property and hereby agreesto sell the Property to Buyer on the terms and condiƟons therein specified.

27.2 In consideraƟon of real estate brokerage service rendered by Brokers, Seller agreesto pay Brokers a real estate Brokerage Fee in a sum equal to Four Docusign Envelope ID: 0A22AEC4-BD64-4AC5-99A3-A58A8D2D81A4 7/30/2025
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(4%) % of the Purchase Price to be divided between the Brokers as follows: Seller's Broker % and Buyer's Broker %. This Agreement shall serve as an irrevocable instrucƟon to Escrow Holder to pay such Brokerage Fee to Brokers out of the proceeds accruing to the account of Seller at the Closing.

27.3 Seller acknowledges receipt of a copy hereof and authorizes Brokers to deliver a signed copy to Buyer.

NOTE: A PROPERTY INFORMATION SHEET IS REQUIRED TO BE DELIVERED TO BUYER BY SELLER UNDER THIS AGREEMENT.

BROKER
Allied Commercial Real Estate, Inc.

AƩn: Tony M. Guglielmo & Steven D. Roppel
Title: Broker/Owner & Senior VP
Address: 9327 Fairway View Place, Suite 300
Rancho Cucamonga, CA 91730
Phone: 909-786-4300
Fax: 909-786-430
Email: [email protected] &
[email protected]
Federal ID No.:

Broker DRE License #: 01519318
Agent's DRE License #: 01301532/01151111
Date:

SELLER
Landexcorp, LLC, A California Limited
Liability Company
By:

Name Printed: Steven Landis
Title: Managing Member
Phone: 951-231-7206
Fax:

Email: [email protected]
By:

Name Printed:

Title:

Phone:

Fax:

Email:

Address: 5625 Land View Ct, Alta Loma, CA
91737
Federal ID No.:

AIR CRE * hƩps://www.aircre.com * 213-687-8777 * [email protected] NOTICE: No part of these works may be reproduced in any form without permission in wriƟng.

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DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP
(Asrequired by the Civil Code)
When you enter into a discussion with a real estate agent regarding a real estate transacƟon, you should from the outset understand what type of agency relaƟonship or representaƟon you wish to have with the agent in the transacƟon.

SELLER'S AGENT
A Seller's agent under a lisƟng agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmaƟve obligaƟons:

To the Seller: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller.

To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent's duƟes. (b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecƟng the value or desirability of the property that are not known to, or within the diligent aƩenƟon and observaƟon of, the parƟes.

An agent is not obligated to reveal to either party any confidenƟal informaƟon obtained from the other party that does not involve the affirmaƟve duƟesset forth above.

BUYER'S AGENT
A Buyer's agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situaƟons, the agent is not the Seller's agent, even if by agreement the agent may receive compensaƟon forservices rendered, either in full or in part from the Seller. An agent acƟng only for a Buyer has the following affirmaƟve obligaƟons:

To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer.

An agent is not obligated to reveal to either party any confidenƟal informaƟon obtained from the other party that does not involve the affirmaƟve duƟesset forth above.

AGENT REPRESENTING BOTH SELLER AND BUYER
A real estate agent, either acƟng directly or through one or more salesperson and broker associates, can legally be the agent of both the Seller and the Buyer in a transacƟon, but only with the knowledge and consent of both the Seller and the Buyer.

In a dual agency situaƟon, the agent hasthe following affirmaƟve obligaƟonsto both the Seller and the Buyer:
(a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer. (b) Other duƟes to the Seller and the Buyer as stated above in their respecƟve secƟons.

In represenƟng both Seller and Buyer, a dual agent may not, without the express permission of the respecƟve party, disclose to the other party confidenƟal informaƟon, including, but not limited to, facts relaƟng to either the Buyer's or Seller's financial posiƟon, moƟvaƟons, bargaining posiƟon, or other personal informaƟon that may impact price, including the Seller's willingness to accept a price less than the lisƟng price or the Buyer's willingness to pay a price greater than the price offered.

SELLER AND BUYER RESPONSIBILITIES
Either the purchase agreement or a separate document will contain a confirmaƟon of which agent is represenƟng you and whether that agent isrepresenƟng you exclusively in the transacƟon or acƟng as a dual agent. Please pay aƩenƟon to that confirmaƟon to make sure it accurately reflects your understanding of your agent’s role. The above duƟes of the agent in a real estate transacƟon do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transacƟon. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. If you are a Buyer, you have the duty to exercise reasonable care to protect yourself, including as to those facts about the property which are known to you or within your diligent aƩenƟon and observaƟon. Both Sellers and Buyers should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transacƟon can be complex and subject to change.

Throughout your real property transacƟon you may receive more than one disclosure form, depending upon the number of agents assisƟng in the transacƟon. The law requires each agent with whom you have more than a casual relaƟonship to present you with this disclosure form. You should read its contents each Ɵme it is presented to you, considering the relaƟonship between you and the real estate agent in your specific transacƟon. This disclosure form includesthe provisions of SecƟons 2079.13 to 2079.24, inclusive, of the Civil Code set forth on page 2. Read it carefully. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A SEPARATE PAGE).

Buyer Seller Lessor Lessee Date:

Agent: Allied Commercial Real Estate, Inc. DRE Lic. #: 01519318 Real Estate Broker (Firm)
By: DRE Lic. #: 01301532/01151111 Date:
(Salesperson or Broker-Associate)
THIS FORM HAS BEEN PREPARED BY AIR CRE. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF THIS FORM FOR ANY SPECIFIC TRANSACTION. PLEASE SEEK LEGAL COUNSEL AS TO THE APPROPRIATENESS OF THIS FORM.

Docusign Envelope ID: 0A22AEC4-BD64-4AC5-99A3-A58A8D2D81A4 Matthew C. Ballantyne7/30/2025
Tony M Guglielmo Steven D. Roppel
7/30/2025
496
________ ________
________ ________

INITIALS INITIALS
© 2019 AIR CRE. All Rights Reserved. Last Edited: 7/25/2025 11:56 AM AD-3.01, Revised 10-22-2020 Page 2 of 2

DISCLOSURE REGARDINGREAL ESTATE AGENCY RELATIONSHIP
CIVIL CODE SECTIONS 2079.13 THROUGH 2079.24 (2079.16 APPEARS ONTHE FRONT) 2079.13. As used in SecƟons 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings:
(a) “Agent” means a person acƟng under provisions of Title 9 (commencing with SecƟon 2295) in a real property transacƟon, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with SecƟon 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a lisƟng is executed or an offer to purchase is obtained. The agent in the real property transacƟon bears responsibility for that agent’s salespersons or broker associates who perform as agents of the agent. When a salesperson or broker associate owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transacƟon, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate funcƟons. (b) “Buyer” means a transferee in a real property transacƟon, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transacƟon. “Buyer” includes vendee or lessee of real property. (c) “Commercial real property” means all real property in the state, except (1) single-family residenƟal real property, (2) dwelling units made subject to Chapter 2 (commencing with SecƟon 1940) of Title 5, (3) a mobile home, as defined in SecƟon 798.3, (4) vacant land, or (5) a recreaƟonal vehicle, as defined in SecƟon 799.29. (d) “Dual agent” means an agent acƟng, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transacƟon. (e) “LisƟng agreement” means a wriƩen contract between a seller of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other servicesfor which a real estate license isrequired to the seller pursuant to the terms of the agreement. (f) “Seller's agent” means a person who has obtained a lisƟng of real property to act as an agent for compensaƟon. (g) “LisƟng price” is the amount expressed in dollars specified in the lisƟng for which the seller is willing to sell the real property through the seller’s agent. (h) “Offering price” is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. (i) “Offer to purchase” means a wriƩen contract executed by a buyer acƟng through a buyer’s agent that becomes the contract for the sale of the real property upon acceptance by the seller. (j) “Real property” means any estate specified by subdivision (1) or (2) of SecƟon 761 in property, and includes (1) single-family residenƟal property, (2) mulƟ-unit residenƟal property with more than four dwelling units, (3) commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as defined in SecƟon 18007 of the Health and Safety Code, or a mobile home as defined in SecƟon 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in SecƟon 10131.6 of the Business and Professions Code. (k) “Real property transacƟon” means a transacƟon for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transacƟon, and includes a lisƟng or an offer to purchase. (l) “Sell,” “sale,” or “sold” refers to a transacƟon for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transacƟons for the creaƟon of a real property sales contract within the meaning of SecƟon 2985, and transacƟons for the creaƟon of a leasehold exceeding one year’s duraƟon. (m) “Seller” means the transferor in a real property transacƟon and includes an owner who listsreal property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another. “Seller” includes both a vendor and a lessor of real property. (n) “Buyer's agent” means an agent who represents a buyer in a real property transacƟon. 2079.14. A seller’s agent and buyer’s agent shall provide the seller and buyer in a real property transacƟon with a copy of the disclosure form specified in SecƟon 2079.16, and shall obtain a signed acknowledgment of receipt from that seller and buyer, except as provided in SecƟon 2079.15, as follows: (a) The seller’s agent, if any, shall provide the disclosure form to the seller prior to entering into the lisƟng agreement. (b) The buyer’s agent shall provide the disclosure form to the buyer as soon as pracƟcable prior to execuƟon of the buyer’s offer to purchase. If the offer to purchase is not prepared by the buyer’s agent, the buyer’s agent shall present the disclosure form to the buyer not later than the next business day aŌer receiving the offer to purchase from the buyer. 2079.15. In any circumstance in which the seller or buyer refuses to sign an acknowledgment of receipt pursuant to SecƟon 2079.14, the agent shall set forth, sign, and date a wriƩen declaraƟon of the facts of the refusal. 2079.16 Reproduced on Page 1 of this AD form.
2079.17(a) As soon as pracƟcable, the buyer’s agent shall disclose to the buyer and seller whether the agent is acƟng in the real property transacƟon as the buyer’s agent, or as a dual agent represenƟng both the buyer and the seller. This relaƟonship shall be confirmed in the contract to purchase and sell real property or in a separate wriƟng executed or acknowledged by the seller, the buyer, and the buyer’s agent prior to or coincident with execuƟon of that contract by the buyer and the seller, respecƟvely. (b) As soon as pracƟcable, the seller’s agent shall disclose to the seller whether the seller’s agent is acƟng in the real property transacƟon as the seller’s agent, or as a dual agent represenƟng both the buyer and seller. This relaƟonship shall be confirmed in the contract to purchase and sell real property or in a separate wriƟng executed or acknowledged by the seller and the seller’s agent prior to or coincident with the execuƟon of that contract by the seller. (C) CONFIRMATION: The following agency relaƟonships are confirmed for thistransacƟon.

Seller's Brokerage Firm DO NOT COMPLETE, SAMPLE ONLY License Number Is the broker of (check one):  the seller; or  both the buyer and seller. (dual agent) Seller's Agent DO NOT COMPLETE, SAMPLE ONLY License Number Is (check one):  the Seller's Agent. (salesperson or broker associate); or  both the Buyer's Agent and the Seller's Agent. (dual agent) Buyer's Brokerage Firm DO NOT COMPLETE, SAMPLE ONLY License Number Is the broker of (check one):  the buyer; or  both the buyer and seller. (dual agent) Buyer's Agent DO NOT COMPLETE, SAMPLE ONLY License Number Is (check one):  the Buyer's Agent. (salesperson or broker associate); or  both the Buyer's Agent and the Seller's Agent. (dual agent) (d) The disclosures and confirmaƟon required by thissecƟon shall be in addiƟon to the disclosure required by SecƟon 2079.14. An agent’s duty to provide disclosure and confirmaƟon of representaƟon in thissecƟon may be performed by a real estate salesperson or broker associate affiliated with that broker. 2079.18 (Repealed pursuant to AB-1289, 2017-18 California LegislaƟve session) 2079.19 The payment of compensaƟon or the obligaƟon to pay compensaƟon to an agent by the seller or buyer is not necessarily determinaƟve of a parƟcular agency relaƟonship between an agent and the seller or buyer. A lisƟng agent and a selling agent may agree to share any compensaƟon or commission paid, or any right to any compensaƟon or commission for which an obligaƟon arises as the result of a real estate transacƟon, and the terms of any such agreement shall not necessarily be determinaƟve of a parƟcular relaƟonship.
2079.20 Nothing in this arƟcle prevents an agent from selecƟng, as a condiƟon of the agent’s employment, a specific form of agency relaƟonship not specifically prohibited by this arƟcle if the requirements of SecƟon 2079.14 and SecƟon 2079.17 are complied with. 2079.21 (a) A dual agent may not, without the express permission of the seller, disclose to the buyer any confidenƟal informaƟon obtained from the seller. (b) A dual agent may not, without the express permission of the buyer, disclose to the seller any confidenƟal informaƟon obtained from the buyer. (c) “ConfidenƟal informaƟon” meansfacts relaƟng to the client’s financial posiƟon, moƟvaƟons, bargaining posiƟon, or other personal informaƟon that may impact price, such as the seller is willing to accept a price lessthan the lisƟng price or the buyer is willing to pay a price greater than the price offered. (d) ThissecƟon does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidenƟal informaƟon other than price. 2079.22 Nothing in this arƟcle precludes a seller’s agent from also being a buyer’s agent. If a seller or buyer in a transacƟon chooses to not be represented by an agent, that does not, of itself, make that agent a dual agent. 2079.23 (a) A contract between the principal and agent may be modified or altered to change the agency relaƟonship at any Ɵme before the performance of the act which is the object of the agency with the wriƩen consent of the parƟes to the agency relaƟonship. (b) A lender or an aucƟon company retained by a lender to control aspects of a transacƟon of real property subject to this part, including validaƟng the sales price, shall not require, as a condiƟon of receiving the lender’s approval of the transacƟon, the homeowner or lisƟng agent to defend or indemnify the lender or aucƟon company from any liability alleged to result from the acƟons of the lender or aucƟon company. Any clause, provision, covenant, or agreement purporƟng to impose an obligaƟon to defend or indemnify a lender or an aucƟon company in violaƟon of thissubdivision is against public policy, void, and unenforceable. 2079.24 Nothing in this arƟcle shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees,subagents, and employees or to relieve agents and their associate licensees, subagents, and employeesfrom liability for their conduct in connecƟon with acts governed by this arƟcle or for any breach of a fiduciary duty or a duty of disclosure.

AIR CRE * hƩps://www.aircre.com * 213-687-8777 * [email protected] NOTICE: No part of these works may be reproduced in any form without permission in wriƟng.

Docusign Envelope ID: 0A22AEC4-BD64-4AC5-99A3-A58A8D2D81A4 497
16498.10022\44003626.1

ADDENDUM TO THE AIR COMMERCIAL REAL ESTATE ASSOCIATION

STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS FOR

PURCHASE OF REAL ESTATE
THIS ADDENDUM supplements and to the extent of any inconsistency, supersedes the provisions of that certain “AIR Commercial Real Estate Association Standard Offer, Agreement and Escrow Instructions For Purchase of Real Estate” between the undersigned Buyer and Seller dated as of July 16, 2025, as follows:

The AIR Commercial Real Estate Association Standard Offer and Addendum shall be effective as of the date, following all legally required notices and hearings, this Agreement has been approved by Buyer’s governing body or its delegated representative and signed by all Parties 9(H) Contingencies to Closing: As a condition precedent to Close of Escrow, and no later than one (1) hour prior to the scheduled closing time, Seller shall deliver to all tenants of the Property written notice of the pending sale to Buyer, in a form reasonably acceptable to Buyer.

Seller shall also obtain written confirmation from each tenant of their agreement to enter into a new lease with Buyer, with such new leases to be executed immediately following Close of Escrow. The satisfaction of these requirements shall be a condition to Buyer’s obligation to close.

Buyer may waive any such condition in writing at its sole discretion.

11.1 Property Taxes and Assessments: Buyer is a public agency and is exempt from payment of real property taxes. Prior to Close of Escrow, Escrow Holder and the Title Company will confirm with San Bernardino County that no escaped assessments or other property tax liabilities of any type affect the Property Interest. In the event any such liabilities do exist, Seller authorizes the satisfaction of such liabilities from funds otherwise payable to Seller at Close of Escrow. Following Close of Escrow, if, notwithstanding the above provisions, Buyer or the Property Interest become subject to any real property tax liability for a period prior to Close of Escrow, Seller will satisfy such obligation to the taxing authority within thirty (30) days following notification of such liability from Buyer or the taxing authority. If Seller defaults in such obligation and Buyer elects to pay any such tax liability, Seller will reimburse such costs to Buyer within thirty (30) days following receipt of a written demand therefor from Buyer, together with interest on such amount from the date of payment by Buyer at the highest legal rate.

12.1(c) Hazardous Materials: To Seller’s knowledge, except for that certain Notice of Violation from San Bernardino County Fire Department, dated March 3, 2025 which has been remedied and is no longer an active violation. Seller has not received any written notice of violation issued pursuant to any Environmental Law with respect to the Property or any use or condition thereof.

IN WITNESS WHEREOF, the parties hereto have executed this Addendum to AIR Commercial Real Estate Association Standard Offer, Agreement and Escrow Instructions For Purchase of Real Estate deemed effective as of the date first written above.

BUYER:

City of Fontana, a California municipal corporation
Matthew C. Ballantyne, City Manager
Docusign Envelope ID: 0A22AEC4-BD64-4AC5-99A3-A58A8D2D81A4 498
16498.10022\44003626.1
2 SELLER:

Landexcorp, LLC, a California limited liability company Steven Landis, Managing Member
Docusign Envelope ID: 0A22AEC4-BD64-4AC5-99A3-A58A8D2D81A4 499
16498.10022\44003626.1
3 EXHIBIT ‘A’
Tenant Estoppel

TENANT ESTOPPEL CERTIFICATE
The undersigned, ____________________________________ (“Tenant”) hereby certifies to CITY OF FONTANA, a California municipal corporation (“City/Landlord”), as follows:

Attached hereto is a true, correct and complete copy of that certain lease dated ______,___2025, as amended, between CITY OF FONTANA a California municipal corporation (“Landlord”), and Tenant (collectively, the “Lease”), the demised premises of which (“Premises”) are located at 16641 and 16643 Orange Way, Fontana, County of San Bernardino, as are more particularly described in the Lease.

The Lease (as attached) represents the entire agreement between the parties as to the Premises (including without limitation, all leasehold rights and any purchase option or rights of first refusal of Tenant with respect to the Premises), is now in full force and effect, and has not been further amended, modified or supplemented.

The term of the Lease commenced on ________,____, 2025.

The undersigned currently occupies the Premises.

The current term of the Lease will expire on ______,____,_____.

Tenant has two options to extend the current term for an additional period of (____) years each.

All conditions of the Lease to be performed by Landlord thereunder and necessary to the enforceability of the Lease have been satisfied.

The amount of the base monthly rent is currently $____________.

Tenant is paying the full rental under the Lease, which rental has been paid in full as of the date hereof. No rental under the Lease has been paid for more than thirty (30) days in advance of its due date.

Tenant has no right to any concession (rental or otherwise) or similar compensation in connection with renting the space it occupies, except as provided in the Lease.

To the best of Tenant’s knowledge, there are no defaults on the part of Landlord under the Lease, and there are no events currently existing (or with the passage of time, giving of notice or both, which would exist) which give Tenant the right to cancel or terminate the Lease.

Docusign Envelope ID: 0A22AEC4-BD64-4AC5-99A3-A58A8D2D81A4 500
16498.10022\44003626.1
4 To the best of Tenant’s knowledge, Tenant has no defense as to its obligations under the Lease and has no claims, offsets or counterclaims against Landlord.

All provisions of the Lease and the amendments thereto (if any) referred to above are hereby ratified.

Dated: , 2025
Tenant:
______________________________
By: ___________________________
Name: _________________________
Title: __________________________
Docusign Envelope ID: 0A22AEC4-BD64-4AC5-99A3-A58A8D2D81A4 501
16498.10022\44003626.1
5 EXHIBIT “B”
LEASE
Docusign Envelope ID: 0A22AEC4-BD64-4AC5-99A3-A58A8D2D81A4 502
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0590 Agenda Date: 10/14/2025
Agenda #: Q. Category: Consent Calendar
FROM:

Administrative Services
SUBJECT:

Resolution of the City Council of the City Of Fontana, California Approving a Second Amendment to the First Amended and Restated Billboard Relocation Agreement Between the City Of Fontana and Lamar Central Outdoor LLC to Update Certain Relocated Sign Locations RECOMMENDATION:

City Council adopt Resolution No. 2025-099, approving the Second Amendment to the First Amended and Restated Billboard Relocation Agreement with Lamar Central Outdoor, LLC, to update the locations for Location 2 and Location 4, and authorizing the City Manager to execute all necessary documents to effectuate this amendment
COUNCIL GOALS:
· Promote economic development by establishing a quick, consistent development process. · Promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.

DISCUSSION:

At its meeting on June 10, 2025, the Council considered proposed new locations for two digital billboards to be erected by Lamar Central Outdoor. This item memorializes the new locations.

The City of Fontana (“City”) and Lamar Central Outdoor, LLC (“Lamar”) are parties to a long-standing agreement governing, amongst other things, the relocation of billboard signs within the City. The initial agreement, the Billboard Relocation Agreement, was entered into on March 26, 2013. This was subsequently superseded in its entirety by the First Amended and Restated Billboard Relocation Agreement dated September 24, 2013 (the " Restated Agreement"). One of the purposes of the Restated Agreement was to facilitate the permanent removal of certain billboards in exchange for the construction of a limited number of relocated signs at approved locations. The Restated Agreement was previously amended by Resolution No. 2020-121 (the "Agreement").

Lamar has requested a second amendment to the Agreement (the "Amendment") to revise two of the previously approved billboard relocation sites contained in Exhibit B. This Amendment involves a straight substitution of sites only. The Amendment specifically addresses approved Location No. 2 and approved Location No. 4. Location 2 is being revised from its former site at Summit Avenue and Lytle Creek Road to a new location at Cherry Avenue and South Highland Avenue. Location 4 is being revised from its former location at Citrus Avenue, north of the 210 freeway, to a new location at Citrus Avenue and South Highland Avenue.

City of Fontana Page 1 of 2 Printed on 10/9/2025
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File #: 25-0590 Agenda Date: 10/14/2025
Agenda #: Q. Category: Consent Calendar
The new locations, including revised descriptions and depictions, are more specifically set forth in Exhibit B-1 to the Amendment.

CEQA:

Approval of the Amendment only authorizes Lamar to pursue development of the relocated billboards as described herein and does not constitute a lease of real property with respect to the establishment of the relocated billboards or development or building permits of any kind. Therefore, approval of the Amendment does not constitute approval by the City of any development of real property or of other activity that would have a direct or reasonably foreseeable indirect environmental impact pursuant to CEQA. (See 14 C.C.R §§ 15060(c); 15378(b)). Further, pursuant to Section 15060(c) of the CEQA Guidelines (i.e., California Code of Regulations, Title 14, Division 6, Chapter 3 §§ 15000-15387), approval of this Resolution is exempt from CEQA because the actions described herein will not result in a direct or reasonable foreseeable indirect physical change in the environment and the actions described herein are not a “Project,” as defined within Section 15378 of the CEQA Guidelines. City Council directs staff to promptly file a Notice of Exemption with respect to the Amendment.

FISCAL IMPACT:

There is no fiscal impact.

MOTION:

Approve staff recommendation
City of Fontana Page 2 of 2 Printed on 10/9/2025
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RESOLUTION NO. 2025-099

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, APPROVING A SECOND AMENDMENT TO THE FIRST

AMENDED AND RESTATED BILLBOARD RELOCATION AGREEMENT

BETWEEN THE CITY OF FONTANA AND LAMAR CENTRAL

OUTDOOR, LLC TO UPDATE CERTAIN RELOCATED SIGN

LOCATIONS
WHEREAS, the City of Fontana (“City”) and Lamar Central Outdoor, LLC (“Lamar”) entered into that certain Billboard Relocation Agreement dated March 26, 2013, which was subsequently superseded in its entirety by that certain First Amended and Restated Billboard Relocation Agreement dated as of September 24, 2013 , as further amended by that certain Amendment to the First Amended and Restated Billboard Relocation Agreement dated August 11, 2020 (“Agreement”); and WHEREAS, the Agreement sets forth the locations of certain relocated billboards, as more particularly described in Exhibit B to the Agreement; and WHEREAS, the City and Lamar now desire to enter into a Second Amendment to the Agreement (“Amendment”) to revise the previously approved billboard relocation locations at Summit Avenue and Lytle Creek Road (“Location 2”) and Citrus Avenue, north of 210 freeway (“Location 4”), to Cherry Avenue and South Highland Avenue (new Location 2) and to Citrus Avenue and South Highland Avenue (new Location 4) as more specifically set forth in Exhibit B-1, attached hereto and incorporated herein by this reference.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows:

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

Section 2. CEQA. Approval of the Amendment only authorizes Lamar to pursue development of the relocated billboards as described herein and does not constitute a lease of real property with respect to the establishment of the relocated billboards or development or building permits of any kind. Therefore, approval of the Amendment does not constitute approval by the City of any development of real property or of other activity that would have a direct or reasonably foreseeable indirect environmental impact pursuant to CEQA. (See 14 C.C.R §§ 15060(c); 15378(b)). Further, pursuant to Section 15060(c) of the CEQA Guidelines (i.e., California Code of Regulations, Title 14, Division 6, Chapter 3 §§ 15000-15387), approval of this Resolution is exempt from CEQA because the actions described herein will not result in a direct or reasonable foreseeable indirect physical change in the environment and the actions described herein are not a “Project,” as defined within Section 15378 of the CEQA Guidelines. City Council directs staff to promptly file a Notice of Exemption with respect to the Amendment. 505
Resolution No. 2025-099
2 of 3
Section 3. Approvals. The City Council of the City of Fontana (“City Council”) approves this Amendment to substitute the descriptions and depictions for Location 2 and Location 4, as described in Exhibit B-1, attached hereto and incorporated herein.

Furthermore, City Council authorizes the City Manager to execute all documents necessary to effectuate this Amendment, including the revised Exhibit B-1.

Section 4. Effective Date. This Resolution shall become effective immediately upon its adoption.

Section 5. 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, and to this end the provisions of this Resolution are severable. The City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

Section 6. Certification. The City Clerk shall certify to the adoption of this Resolution.

Section 7. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Resolution is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of records is the City Clerk.

APPROVED AND ADOPTED this 14th day of October, 2025.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 14th day of October, 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________________
City Clerk of the City of Fontana
506
Resolution No. 2025-099
3 of 3
________________________________________
Mayor of the City of Fontana
ATTEST:
________________________________________
City Clerk
507
1 SECOND AMENDMENT TO

FIRST AMENDED AND RESTATED BILLBOARD RELOCATION

AGREEMENT

BETWEEN

THE CITY OF FONTANA,
a California municipal corporation
AND

LAMAR CENTRAL OUTDOOR, LLC
a Delaware limited liability company
Amended: _______ __, 2025
508
2 SECOND AMENDMENT TO FIRST AMENDED AND RESTATED

BILLBOARD RELOCATION AGREEMENT

THIS SECOND AMENDMENT TO FIRST AMENDED AND RESTATED
BILLBOARD RELOCATION AGREEMENT (“Amendment”) is entered into as of this ___ day of ______, 2025 (the “Effective Date”), by and between the CITY OF FONTANA, a California municipal corporation, organized and existing under the laws of the State of California (“City”), and LAMAR CENTRAL OUTDOOR, LLC, a Delaware limited liability company (“Lamar” or “Company”). Hereafter City and Company are sometimes referred to as “Party” or collectively as “Parties.”

RECITALS
WHEREAS, the City and Lamar entered into that certain Billboard Relocation Agreement dated March 26, 2013, which was subsequently superseded in its entirety by that certain First Amended and Restated Billboard Relocation Agreement dated as of September 24, 2013, and as further amended by that certain Amendment to the First Amended and Restated Billboard Relocation Agreement dated August, 11 2020 (“Agreement”); and WHEREAS, the Agreementsets forth the locations of certain relocated billboards, which are more particularly described in Exhibit B to the Agreement; and WHEREAS, the parties now desire to amend the Agreement to substitute the locations for the relocated billboard locations at Summit Avenue and Lytle Creek Road (“Location 2”) to Cherry Avenue and South Highland Avenue, and at Citrus Avenue, north of 210 freeway to Citrus Avenue and South Highland Avenue (“Location 4”).

NOW, THEREFORE, other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties amend the Agreement as follows:

1. Amendment to Exhibit B. Exhibit B to the Agreement is hereby amended to remove and substitute the locations, descriptions and depictions for Location 2 and Location

4. The amended locations, descriptions and depictions are attached hereto as Exhibit B-1 and incorporated herein by this reference. The remainder of Exhibit B, and the descriptions for all other approved locations, shall remain unchanged and in full force and effect.

2. Effective Date. This Amendmentshall become effective on the date of last signature below.

3. Full Force and Effect. Except as expressly modified by this Amendment, all other terms, covenants, conditions, and provisions of the Agreement shall remain in full force and effect.

4. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
[Signature page follows]
509
3 IN WITNESS WHEREOF, the parties have caused this Second Amendment to the First Amendment and Restated Billboard Relocated Agreement to be executed on the date set forth above.

ATTEST:

CITY OF FONTANA
By: ________________________________
City Manager
By: __________________________________
City Clerk
APPROVED AS TO FORM:

By: __________________________________
City Attorney

LAMAR CENTRAL OUTDOOR, LLC
By: ________________________________
By: ______________________________
Its: ______________________________
By: ________________________________
By: ______________________________
Its: ______________________________
510
Exhibit “B-1”
Relocated Billboards: Locations 2 and 4
CITY PROPERTY LOCATIONS:

Location Panel Size # of Panels Total Sq. Ft Ownership

2. Cherry Avenue and
South Highland
Avenue

10.5’x21’ 2 442 City
511
Location Panel Size # of Panels Total Sq. Ft Ownership

4. Citrus Avenue and
South Highland
Avenue

10.5’x21’ 2 442 City

512
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0441 Agenda Date: 10/14/2025
Agenda #: A. Category: Public Hearing
FROM:

Planning Department
SUBJECT:

Master Case No. 25-0047 and Municipal Code Amendment No. 25-0008: Fontana Municipal Code amendments to Chapter 30 to modify multiple sections of the Zoning and Development Code, including modifications to the definition of and operating standards for restaurants, allowance for certain temporary buildings during commercial reconstruction or remodeling, development standards for the Multi-Family Medium/High Density Residential (R-4) zone, administrative procedures pertaining to administrative site plan and design review entitlements; modification to Chapter 26 pertaining to time extensions for tentative maps; and modification to Chapter 33 to provide additional delivery standards for cannabis retail storefront businesses, pursuant to a categorical exemption in accordance with CEQA Guidelines Sections 15060(C), 15061(B)(3) and Section 15378.

RECOMMENDATION:

1. Determine that this Ordinance is not a project pursuant to Sections 15060(C), 15061(B)(3) and 15378 of the State of California Environmental Quality Act (CEQA) Guidelines, Section No. 3.22 and 3.04 of the 2019 Local Guideline for Implementing CEQA, because it does not have potential for resulting in physical change in the environment, directly or indirectly, and it can be determined with certainty that there is no possibility that the activity in question may have significant effect on the environment and is therefore not subject to CEQA; and

2. Read by title only and waive further reading of and introduce Ordinance No. 1973, an Ordinance of the City Council of the City of Fontana approving Master Case No. 25-0047 and Municipal Code Amendment No. 25-0008 to amend Chapters 26, 30 (Zoning and Development Code) and 33 of the Fontana Municipal Code, including modifications to the restaurant definition and operating standards, temporary use permits for temporary offices, development standards for the R-4 zone and overlay, administrative procedures for administrative site plan and design review entitlements, tentative parcel map and tentative tract map time extensions and curbside delivery for cannabis retail storefronts; and the reading of the title constitutes the first thereof.

COUNCIL GOALS:
· Promote economic development by pursuing business attraction, retention, and expansion. · Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by construction of affordable high-quality multi-family housing.
· Enhance the local environment for future generations and create a healthy economic and environmental future by creating neighborhoods that are attractive, safe and convenient for City of Fontana Page 1 of 3 Printed on 10/7/2025
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walkers and bicyclists.
· Enhance the local environment for future generations and create a healthy economic and environmental future by adopting policies that promote compact and efficient development in new and existing communities.

DISCUSSION:

Background:

The Planning Commission reviewed Master Case No. 25-0047 and Municipal Code Amendment No. 25-0008 during its September 16, 2025, meeting. At the conclusion of the hearing, the Planning Commission adopted Resolution PC No. 2025-029 to recommend approval of Municipal Code Amendment No. 25-0008 to the City Council.

Analysis:

Municipal Code Amendment (MCA) No. 25-0008 is a request to amend Chapter 30 to modify multiple sections of the Zoning and Development Code, including modifications to the definition and operating standards for restaurants, development standards for the Multi-Family Medium/High Density Residential (R-4) zone, administrative procedures pertaining to administrative site plan and design review entitlements; amendments to Chapter 26 pertaining to time extension for tentative maps; and amendments to Chapter 33 to provide additional delivery standards for curbside delivery for cannabis retail storefront businesses.

Restaurant Definition and Operating Standards - A modification to the definition of restaurant land uses to align with the land uses changes made with the establishment of the Entertainment Center Overlay District along with other changes in Chapter 30.

Temporary Use Permits for Temporary Offices - The allowance for temporary commercial buildings to be placed on commercial sites actively undergoing reconstruction or major remodeling to limit disruption to businesses in the city.

Development Standards for the R-4 zone - The addition of standards pertaining to development in the Medium High Density Multi-Family Residential (R-4) Overlay District and to removal the restriction on the number of bedrooms residential dwellings in the Medium High Density Multi-Family Residential (R-4) zone may have.

Administrative Procedures for Administrative Site Plan and Design Review Entitlements - Added language to provide differentiation between, and clarification of, amendments and modifications to administrative site plan and design review entitlements. The amended language delineates which changes to development projects may be approved by the Director of Planning and which changes necessitate review and approval by the original approving body.

Tentative Parcel Map and Tentative Tract Map time extensions - Modifications to allow the Director of Planning to approve time extensions for tentative parcel maps and tentative tract maps.

Curbside Delivery for Cannabis Retail Storefronts - Added language related to curbside delivery for cannabis retail storefronts.

In summary, the proposed amendments will provide a consistent and streamlined development City of Fontana Page 2 of 3 Printed on 10/7/2025
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process, clarified residential development standards, and flexibility for commercial businesses, thereby encouraging attractive development and supporting commercial business operation.

FISCAL IMPACT:

None
MOTION:

Approve staff’s recommendation
ATTACHMENTS:

Attachment No.1 - Ordinance
Attachment No. 2 - Planning Commission Packet
Attachment No. 3 - Planning Commission Minutes
Attachment No. 4 - Notice of Exemption
Attachment No. 5 - Public Hearing Notice
City of Fontana Page 3 of 3 Printed on 10/7/2025
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ATTACHMENT NO. 1
ORDINANCE NO.

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

CALIFORNIA, APPROVING AMENDMENTS TO VARIOUS SECTIONS OF THE FONTANA MUNICIPAL CODE, INCLUDING SECTION 26-58

PERTAINING TO APPROVING BODIES FOR TENTATIVE PARCEL
MAPS AND TENTATIVE TRACT MAPS; SECTION 30-12 PERTAINING TO THE DEFINITION OF “RESTAURANT”; SECTIONS 30-100 AND 30- 110 PERTAINING TO PROJECTS SUBJECT TO ADMINISTRATIVE SITE PLAN AMENDMENTS AND MODIFICATIONS; SECTIONS 30-125, 30-128 AND 30-139 TO REMOVE OR REVISE REQUIREMENTS FOR DESIGN
REVIEW AMENDMENTS AND MODIFICATIONS; SECTION 30-256

PERTAINING TO TEMPORARY USE PERMITS FOR TEMPORARY
COMMERCIAL BUILDINGS; SECTION 30-310 PERTAINING TO TIME EXTENSION APPROVALS FOR TENTATIVE TRACT MAPS; TABLE 30- 359.A. TO REVISE LAND USES RELATED TO RESTAURANTS AND
ALCOHOL SALES; SECTION 30-360 PERTAINING TO OPERATIONAL STANDARDS FOR RESTAURANTS SERVING ALCOHOL; SECTION 30-
447 PERTAINING TO THE NUMBER OF BEDROOMS IN DWELLINGS IN THE R-4 ZONING DISTRICT; SECTION 30-448 PERTAINING TO
BUILDING SEPARATION REQUIREMENT FOR PROJECTS IN THE R-4 OVERLAY DISTRICT; SECTION 30-491 PERTAINING TO

OPERATIONAL STANDARDS FOR RESTAURANTS SERVING
ALCOHOL; SECTION 33-30 TO EXPLICITLY ALLOW CURBSIDE

DELIVERY FOR CANNABIS STOREFRONT RETAIL BUSINESSES,

PURSUANT TO A CATEGORICAL EXEMPTION IN ACCORDANCE WITH
CEQA GUIDELINES SECTIONS 15060(C), 15061(B)(3), AND SECTION 15378.

WHEREAS, pursuant to Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and laws of the State or the United States; and
WHEREAS, Government Code sections 50022.1 to 50022.10 authorizes a city to codify and recodify its ordinances; and
WHEREAS, the City of Fontana (“City”) desires to restate without substantive revision, amend and recodify certain ordinances codified in the Fontana Municipal Code (“Code”) through Municipal Code Amendment (“MCA”) No. 25-0008; and WHEREAS, the City of Fontana General Plan (“General Plan”) includes policies and actions calling for numerous updates to the Code; and 516

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WHEREAS, Section 26-58. Expiration of approval. is amended to authorize the original approving body for tentative parcel maps and tentative tract maps to approve time extensions; and
WHEREAS, Section 30-12. – List of definitions. is amended to clarify the definition of a restaurant; and
WHEREAS, Section 30-100. – Reserved. is amended to include projects subject to an administrative site plan amendment; and
WHEREAS, Section 30-110. – Reserved. is amended to include projects subject to an administrative site plan modification; and
WHEREAS, Section 30-125. – Purpose. is amended remove requirements for a design review amendment; and
WHEREAS, Section 30-128. – Reserved. is amended to include projects subject to a design review amendment; and
WHEREAS, Section 30-139. – Reserved. is amended to include projects subject to a design review modification; and
WHEREAS, Section 30-256. – Types of temporary use applications and conditions. is amended to allow temporary commercial buildings on the site of an existing commercial business during reconstruction or remodeling; and WHEREAS, Section 30-310. – Authority. is amended to authorize the Director of Planning to approve time extensions for tentative tract maps; and WHEREAS, Table 30-359.A. – Land Uses. is amended to revise land uses related to restaurants and alcohol sales; and
WHEREAS, Section 30-360. – Special use regulation. is amended to include operational standards for restaurants serving alcohol; and WHEREAS, Section 30-447. – Residential development standards. is amended to remove the limitation on the number of bedrooms per residential unit in the R-4 zoning district; and
WHEREAS, Section 30-448. – Multiple-family building separation requirement. is amended to include a provision for building separation from the R-1 zoning district for development in the R-4 Overlay district; and
WHEREAS, Section 30-491. – Special use regulations*. is amended to include operational standards for restaurants serving alcohol; and 517

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WHEREAS, Section 33.30. – Additional operational regulations for storefront retail. is amended to explicitly allow curbside delivery on the site of cannabis storefront retail and to provide operational standards for such activity; and WHEREAS, State law requires zoning regulations to be consistent with the general plan and therefore updating the Code would contribute to consistency with the General Plan; and
WHEREAS, the amendments in MCA No. 25-0008 are consistent and compatible with the General Plan and are in line with goals, policies and objectives of the City; the Housing Element policies and the Zoning and Development Code; and WHEREAS, the amendments in MCA No. 25-0008 are in conformity with appropriate land use practices and will establish appropriate development standards for the land use designations; and
WHEREAS, the amendments in MCA No. 25-0008 are attached hereto as Exhibit “A” and incorporated herein by reference, will not be detrimental to the public health, safety and general welfare, nor will it adversely affect the orderly development of property; and
WHEREAS, the amendments in MCA No. 25-0008 will better express the City’s policies and will generally promote good land use planning and regulation; and WHEREAS, on September 16, 2025, the Planning Commission held a public meeting on MCA No. 25-0008 where it received evidence and public testimony on the Code amendments and recommended that the Fontana City Council (“City Council”) determine that the amendments are exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA because the procedural revisions to the Municipal Code are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. As such, where, as here, it can be with certainty that there is no possibility that the procedural revisions to the Code may have a significant effect on the environment, the Code amendments are not subject to CEQA WHEREAS, the Planning Commission carefully considered all evidence and testimony presented at its public hearing on September 16, 2025 regarding MCA No. 25- 0008 and approved Resolution No. 2025-029 recommending that the City Council adopt the modifications to the Zoning and Development Code contained therein; and WHEREAS, on October 14, 2025, the City Council held a public hearing on MCA No. 25-0008 where it received evidence and public testimony pertaining to the Zoning and Development Code amendments as well as documentation from the Planning Commission’s public hearing on September 16, 2025; and
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WHEREAS, the City Council carefully considered all information pertaining to MCA No. 25-0008 presented at its public hearing on October 14, 2025; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

NOW, the City Council of the City of Fontana, California, DOES ORDAIN as follows:

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

Section 2. CEQA. City Council hereby determine that this ordinance is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption),15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA, because the procedural revisions to the Municipal Code are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. As such, where, as here, it can be with certainty that there is no possibility that the procedural revisions to the Municipal Code may have a significant effect on the environment, the Municipal Code amendments are not subject to CEQA.

Therefore, the City Council hereby directs staff to file a notice of exemption.

Section 3. Development Code Amendment Findings. The City Council hereby makes the following findings for Municipal Code Amendment No. 25-0008 accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:

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

Findings of Fact: The Municipal code amendments clarify and streamline the City’s development requirements and processes and facilitate housing and commercial development. As such, the municipal code amendments promote the General Plan goals of adequate housing to meet the needs of all residents in Fontana. Furthermore, the amendments promote a diversified economy.

Section 4. Development Code Amendment Approval. Based on the foregoing, the City Council hereby approves the amendments as set forth in MCA No. 25-0008, which is attached hereto as Exhibit “A” and incorporated herein by reference as fully set forth herein.
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Section 5. Effective Date/Publication. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Fontana Herald News, a local newspaper of the general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.

Section 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian or records is the City Clerk.

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

Section 8. Severability. If any provision of this Ordinance or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.

APPROVED AND ADOPTED this 14th day of October 2025.

READ AND APPROVED AS TO LEGAL FORM:
______________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 14th day of October 2025, and was finally passed and adopted not less than five days thereafter on the 9 th
day of December 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
City Clerk of the City of Fontana
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______________________________
Mayor of the City of Fontana
ATTEST:
______________________________
City Clerk
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EXHIBIT “A”
Amendments to Chapter 30 of the Municipal Code
(Deletions are shown as strike outs. Additions are shown as underlines.) Chapter 26 – SUBDIVISIONS
DIVISION 2. – TENTATIVE TRACT MAP REQUIREMENTS
Sec. 26-58. Expiration of approval.
(a) An approved tentative tract map shall expire 24 months after its approval, unless this time period is otherwise extended pursuant to this section or pursuant to any provision of the Subdivision Map Act as enacted or subsequently amended, but in no event shall an approved tentative tract map be valid beyond 15 years from the date it was first approved.
(b) In addition to the time period set forth in subsection (a) of this section and upon application of the subdivider filed prior to expiration of the approved tentative tract map, an additional period of time, not to exceed five years, may be granted by the planning commission Director of Planning. When an application is filed pursuant to this subsection, the map shall automatically be extended for 60 days or until the planning commission Director of Planning approves, conditionally approves, or denies the application for the extension.
(c) The period of time specified in subsections (a) and (b) of this section shall not include any period of time during which a development moratorium, imposed after approval of the tentative tract map, is in existence; provided, however, that the length of the moratorium does not exceed five years. Once a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time the moratorium was imposed. However, if the remaining time is less than 120 calendar days, the map shall be valid for 120 calendar days following the termination of the moratorium. For purposes of this section, a development moratorium shall include a water or sewer moratorium, as well as other actions of public agencies which regulate land use, development or the provision of services to the land, including those of school and fire districts. (d) The period of time specified in subsections (a) and (b) of this section shall not include any period of time during which a lawsuit involving the approval of the tentative tract map is or was pending in a court of competent jurisdiction if, upon application of the subdivider and upon conclusive proof of the existence of such lawsuit, the planning commission agrees, in accordance with California Government Code § 66452.6(c), to stay such time period. Within 40 days after 522

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receiving the application, the city shall either stay the time period for up to five years or deny the requested stay. The planning commission shall determine whether the conditions of approval imposed at the time the tentative tract map was first approved are sufficient to protect the health, safety and welfare of the general public. The planning commission has the right to amend, modify or delete such conditions of approval as a condition of the requested stay. (e) If the subdivider is required to expend $125,000.00 or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, upon the filing of a final map, the expiration of the tentative tract map shall be extended by 36 months from the date of its expiration or the date of the previously filed final map, whichever is later. This subsection shall apply only to situations wherein multiple final maps are filed with the city. The extension provided in this subsection shall not extend the tentative map more than ten years from its date of approval.

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Sec. 30-12. – List of definitions.
…
Restaurant means an establishment where food and drink is freshly prepared, cooked, and served to order and consumed primarily within the main building, and building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designated to take place outside the confines of the building, often in a motor vehicle. and where at least 65 percent of the quarterly gross receipts are from the sale of food products/meals that include freshly prepared food items available for consumption on the premises during all hours the establishment is open for business. Restaurants maintain suitable kitchen facilities for cooking and/or preparing an assortment of foods for meals along with the proper amount of refrigeration and/or heating for keeping of food. The service of pre-packaged items (e.g. sandwiches, salads, etc.) does not qualify within the definition of a restaurant. Restaurants do not include any live entertainment, disc jockey, amplified music, karaoke, electronic arcade, amusement games, pool tables, dart boards, dancing, dance floor, or dance area provided on the premises. …
Subdivision III. – Administrative Site Plan – Amendment Sec. 30-100. Reserved Projects subject to administrative site plan - amendment.

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modification reduces the number of parking spaces below the required number of parking spaces.
(3) The addition of square footage to a previously-approved building totaling less than 1% of the total building area.
(b) Amendments to an approved administrative site plan shall be approved by the Director of Planning or his/her designee. Upon the submittal of an application, the Director of Planning shall have the discretion to determine if the proposed amendment will be referred to the approving body for approval or approved administratively. The following parameters shall be used to guide the Director of Planning’s decision:
(1) Changes to conditions of approval, increases in the square footage, and significant changes to either the site plan (such as changing the size, shape, or position of a building on a project site) or architectural elevations (such as changes in building height or massing, altering the exterior building materials, adding or deleting elements such as balconies, dormers, porches, etc.) shall be referred to the approving body for review and approval of an administrative site plan amendment.
(2) Changes to the following may be reviewed and approved administratively by the Director of Planning:
a. Architectural features that are not significant in nature (i.e. window treatments, shifting of windows or minor changes in window size, decorative trim, or numbers, the shifting of parking spaces on site that do not reduce the number of required parking spaces below the minimum required by the Article XI or the applicable specific plan, etc.)
b. Site improvements that enhance the site regarding the aesthetics, public safety and/or security.
c. Project features not visible from the public right-of-way and that do not result in a material change to the project’s operational characteristics, scale intensity or fundamental design intent as originally approved.
(3) Within five years of the original administrative site plan application, color combinations and color schemes for commercial and industrial buildings 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, regardless of the date of the original application and modifications of color combinations and color schemes for administrative site plan applications which are five years or older from the date of approval 525

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may be approved by the Director of Planning administratively. The Director of Planning may refer minor hue color changes to the original approving body for consideration under a revision to the original application.

Subdivision IV. – Administrative Site Plan Modification Sec. 30-110. Reserved. Projects subject to administrative site plan – modification.

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porches, etc.) shall be referred to the approving body for review and approval of an administrative site plan modification.
(2) Changes to the following may be reviewed and approved administratively by the Director of Planning:
a. Architectural features that are not significant in nature (i.e. window treatments, shifting of windows or minor changes in window size, decorative trim, or numbers, the shifting of parking spaces on site that do not reduce the number of required parking spaces below the minimum required by the Article XI or the applicable specific plan, etc.)
b. Site improvements that enhance the site regarding the aesthetics, public safety and/or security.
c. Project features not visible from the public right-of-way and that do not result in a material change to the project’s operational characteristics, scale intensity or fundamental design intent as originally approved.
(3) Within five years of the original administrative site plan application, color combinations and color schemes for commercial and industrial buildings 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, regardless of the date of the original application and modifications of color combinations and color schemes for administrative site plan applications which are five years or older from the date of approval 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.

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his/her designee. Upon written request from an applicant, the Director of Community Development shall have the discretion to determine if the proposed amendment will be referred to the approving body for approval or approved administratively. Administratively approved amendments to a design review originally approved by the Planning Commission shall be placed on the Planning Commission agenda under the Manager of Planning report for informational purposes. The following parameters shall be used to guide the Director of Planning’s decision:
(1) Changes to conditions of approval, increases in the square footage, and significant changes to either the site plan or architectural elevations shall be referred to the approving body for review and approval
(2) Changes to architectural features that are not significant in nature such as window treatments, shifting of windows or minor change in window size or decorative trim, the shifting of parking spaces on site that do not reduce the number of required parking spaces or site improvements that enhance the site in regard to the aesthetics, public safety and/or security can be reviewed and approved administratively.
(3) Within five years of the original design review or administrative site plan application, color combinations and color schemes for commercial and industrial buildings 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, regardless of the date of the original application and modifications of color combinations and color schemes for design reviews and administrative site plan applications which are five years or older from the date of approval may be approved by the Director of Community Development. The Director of Community Development may refer minor hue color changes to the original approving body for consideration under a revision to the original application. Appeals shall follow provisions of Section 30-33.

Sec. 30-128. Reserved Projects subject to design review - amendment.

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(1) Major façade changes that include significant structural changes, such as the changes to the location of windows and doors, roof pitch or structure, building materials, etc.
(2) Major site plan changes, such as relocation of buildings, but not including the relocation of or modifications to parking spaces where such relocation or modification reduces the number of parking spaces below the required number of parking spaces.
(3) The addition of square footage to a previously-approved building totaling less than 1% of the total building area.
(b) Amendments to an approved design review shall be approved by the Director of Planning or his/her designee. Upon written request from an applicant, the Director of Planning shall have the discretion to determine if the proposed amendment will be referred to the approving body for approval or approved administratively.

Administratively approved amendments to a design review originally approved by the Planning Commission shall be placed on the Planning Commission agenda under the Director of Planning report for informational purposes. The following parameters shall be used to guide the Director of Planning's decision:
(1) Changes to conditions of approval, increases in the square footage, and significant changes to either the site plan or architectural elevations shall be referred to the approving body for review and approval of a design review. (2) Changes to the following may be reviewed and approved administratively by the Director of Planning:
a. Architectural features that are not significant in nature (i.e. window treatments, shifting of windows or minor changes in window size, decorative trim, or numbers, the shifting of parking spaces on site that do not reduce the number of required parking spaces below the minimum required by the Article XI or the applicable specific plan, etc.)
b. Site improvements that enhance the site regarding the aesthetics, public safety and/or security.
c. Project features not visible from the public right-of-way and that do not result in a material change to the project’s operational characteristics, scale intensity or fundamental design intent as originally approved.
(3) Within five years of the original design review or administrative site plan application, color combinations and color schemes for commercial and industrial buildings shall not be modified or changed without prior approval of 529

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the original approving body by a revision to the original application. Minor hue color changes, regardless of the date of the original application and modifications of color combinations and color schemes for design reviews and administrative site plan applications which are five years or older from the date of approval may be approved by the Director of Community Development. The Director of Community Development may refer minor hue color changes to the original approving body for consideration under a revision to the original application. Appeals shall follow provisions of Section 30-132.

Subdivision III. – Design Review Modification
Sec. 30-139. Reserved Projects subject to design review - modification.

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informational purposes. The following parameters shall be used to guide the Director of Planning’s decision:
(1) Changes to conditions of approval, increases in the square footage, and significant changes to either the site plan or architectural elevations shall be referred to the approving body for review and approval. (2) Changes to the following may be reviewed and approved administratively by the Director of Planning:
a. Architectural features that are not significant in nature (i.e. window treatments, shifting of windows or minor changes in window size, decorative trim, or numbers, the shifting of parking spaces on site that do not reduce the number of required parking spaces below the minimum required by the Article XI or the applicable specific plan, etc.)
b. Minor site improvements that enhance the site regarding the aesthetics, public safety and/or security.
c. Project features not visible from the public right-of-way and that do not result in a material change to the project’s operational characteristics, scale intensity or fundamental design intent as originally approved.
(3) Within five years of the original design review application, color combinations and color schemes for commercial and industrial buildings 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, regardless of the date of the original application and modifications of color combinations and color schemes for design reviews applications which are five years or older from the date of approval 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. Appeals shall follow provisions of Section 30-33.

DIVISION 18. – TEMPORARY USE
Sec. 30-256. - Types of temporary use applications and conditions.

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regulations within Chapter 3 and zoning regulations within Chapter 30 of the Municipal Code.
…
(12) Temporary commercial buildings on active construction sites in the case of the reconstruction or remodeling of an existing commercial business. The following restrictions shall apply:
a. The Director of Planning may approve a temporary commercial building for the duration of the reconstruction or remodeling project or for up to a maximum period of one year. If the Director of Planning determines that extenuating circumstances have occurred during construction, a one-year extension may be granted.
b. A maximum of one temporary commercial building may be approved to operate a maximum of one business on the site. The business must be appropriately licensed, operating in compliance with all City rules, regulations, and codes, and must have been in operation prior to the start of construction. c. Installation of the temporary building may occur only after a valid building permit has been issued by the Building and Safety Department.
d. The temporary building installation must meet all requirements and regulations of the County Department of Environmental Health Services and all applicable City departments and other regulating agencies.
e. Temporary buildings installed under the provisions of this section shall be removed from the site within fourteen calendar days of the completion of, and issuance of the Certificate of Occupancy for, the commercial building on the site.
f. The temporary building shall not be installed on required vehicle parking and loading spaces as determined by Article XI. – On-Site Parking and Loading Regulations. Vehicle parking spaces provided on the subject site in excess of the requirements of Article XI may be considered for the installation of the temporary building.
g. The temporary building shall not obstruct access and/or drive aisles on the subject site.
h. Signage for the business on the site shall be reviewed and approved through the Temporary Use Permit and/or Design Review Sign process. 532

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(12 13) Other uses and activities that may be needed on a temporary basis or similar to subsections (1) through (10 9) above as deemed appropriate by the Director of Planning.

DIVISION 22. – TIME EXTENSION, MAPPING AND PROJECT
Subdivision II. – Time Extension – Tentative Tract Maps Sec. 30-310. - Authority.

The Planning Commission Director of Planning is authorized to approve or deny applications for time extension for tentative tract maps and to impose conditions upon such approval.
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ARTICLE III – FORM BASED CODE
Division 3. – Permitted Land Uses
Table 30-359.A. – Land Uses
Civic Station
Area
Downtown
Gateway
NeighborhoodMultiFamilyTransitionalSierra
Gateway
Route 66
Gateway
Valley
Gateway Village
…
Alcohol Beverage Sales
Alcohol sales for off-site consumption, with
or without tasting room M M M -- -- M C C C M
Alcohol sales for Oon-site sales
consumption, in connection with
restaurant/food hall (“Bona fide Public
Eating Place”, as defined by the
Department of Alcoholic Beverage Control)

M M PS -- -- M PS PS PS M
Alcohol sales for Oon-site sales
consumption, in connection with
restaurant/food hall (“Bona fide Public
Eating Place”, as defined by the
Department of Alcoholic Beverage Control)
and with entertainment and/or dancing
-- M M -- -- -- M M M --
Alcohol sales for Oon-site sales
consumption, with entertainment and/or
dancing and not in connection with
restaurant/food hall (“Bona fide Public
Eating Place”, as defined by the
Department of Alcoholic Beverage Control)
-- -- C -- -- -- C C C --
Manufacturing, including winery or
microbrewery with taking room and no
restaurant

M M M -- -- M C C C M
Micro-breweries in connection with
restaurant (Brew Pub) (Bona fide Public
Eating Place as defined by the Department
of Alcohol Beverage Control)

M M M -- -- M C C C M
534

Page 20 of 28 ends

Micro-breweries without tasting room -- -- -- -- -- -- -- -- C -- …
535

Page 21 of 28 ends

ATTACHMENT NO. 1
ARTICLE III – FORM BASED CODE
DIVISION 3. – PERMITTED LAND USES
Sec. 30-360. Special use regulation.
…
(i) Alcohol sales for on-site consumption, in connection with a restaurant/food hall. (1) A restaurant selling alcohol for on-site consumption shall not negatively impact adjoining uses as it relates to noise in excess of the maximum noise measurements established in the Fontana Municipal Code, debris generated by the restaurant or its’ patrons not disposed of in appropriate receptacles, traffic impacting use of the public right-of-way, storage outside of an enclosed building, and hours of operation, nor shall it create any adverse effect on public health, safety or welfare.
(2) The establishment shall be operated in such a manner that sound emitted from the premises shall not be audible beyond the boundaries on which it is located:
a. All doors to the building shall remain closed except to allow for the entrance and exit of patrons and employees.
b. Any such alcohol sales use being established for the first time shall have no entrance or exit located within 100 feet of a residentially zoned or utilized property unless adequate sound attenuation measures have been undertaken to ensure sound measurements do not exceed the maximum measurements established in the Fontana Municipal Code or unless the entrance or exit is separated from the residentially zoned property by a public street.
c. A restaurant selling alcohol for on-site consumption should be a minimum of 600 feet away from an existing or proposed school, park, religious institution, hospital, youth facility or other similar uses.

ARTICLE V. – RESIDENTIAL ZONING DISTRICTS
536
Ordinance No. 1970

Page 22 of 28 ends

DIVISION 4. DEVELOPMENT STANDARDS FOR PRIMARY DWELLINGS.

Sec. 30-447. Residential development standards.

The following development standards apply to multi-family residential development projects without a commercial component, which are proposed at minimum density of

24.1 to 39 dwelling units per acre within the multiple-family medium/high density residential (R-4) zoning district, and 39.1 to 50 dwelling units per acre in the multiplefamily high density residential (R-5) zoning district.

Table No. 30-447
Residential Development Standards
Maximum Density R-4 R-5
Maximum permitted number of dwelling units per adjusted gross acre

24.1.0—

39.0 39.1—

50.0 Lot Dimensions for New Lots, Lot Size, and Lot Coverage R-4 R-5 Minimum width at front P/L 200' 200'
Minimum depth 300' 300'
Minimum lot size (sq. ft.) 2 acres 2 acres
Maximum lot coverage (adjusted gross acreage of total site) 70% 70% Multiple-Family Minimum Dwelling Size (Standard/Market
Rate, Senior and Affordable)
R-4 R-5
Minimum dwelling unit in square feet 550 sq.
ft.
550 sq.
ft.

Maximum dwelling unit in square feet 1,800
sq. ft.
1,800
sq. ft.

Building Height R-4 R-5
Multi-Family 55' 55'
Multi-Family Open Space Requirements R-4 R-5
Open space, private ground/upper floor (sq. ft.), minimum 120/80 120/80 Open space, common, as a percentage of adjusted gross
acreage of project area, minimum
30% 30%
Open space, useable, (combined total of private and common open space), as a percentage of adjusted gross acreage of project area, minimum
35% 35%
Notes:
(1) For existing legal lots smaller than this minimum, see Section 30-414 (lot size conformance).
(2) For the purpose of this section, subterranean or partial subterranean parking shall not be considered a floor/story for the purpose of determining building setbacks. (3) For parcels located in the R-4 district, the number of bedrooms shall be limited to a maximum of two bedrooms per dwelling unit.
537
Ordinance No. 1970

Page 23 of 28 ends

Sec. 30-448. Multiple-family building separation requirement.

Table No. 30-448
Building Setback and Separation (in feet)
Front Setback, Building to Public Right-of-Way (streets) R-4 R-5 Major or primary 5-foot 5-foot
Secondary or collector 5-foot 5-foot
Local 0-foot 0-foot
Corner Lot, Side Building Setback to P/L R-4 R-5
Major or primary 5-foot 5-foot
Secondary or collector 5-foot 5-foot
Local 5-foot 5-foot
Corner Lot, Side Parking Setbacks to P/L R-4 R-5
Major or primary 10-foot 10-foot
Secondary or collector 10-foot 10-foot
Local 10-foot 10-foot
Side Setback (interior), Building, Setback to Adjacent
Zoning Districts
R-4 R-5
R-1 25-foot 25-foot
R-2 (Single-family use) 25-foot 25-foot
R-2 (Multi-family use) 15-foot 15-foot
R-3 10-foot 15-foot
R-4 0-foot 0-foot
R-5 0-foot 0-foot
R-PC, Single-family 75-foot 75-foot
R-PC, Specific plan (b) (single-family/multi-family) 25-foot/ 15-foot
25-foot/
15-foot
R-E 75-foot 75-foot
P-PF 30-foot 30-foot
C-2 0-foot 0-foot
All other zoning districts, (C-1, RMU, and OS) 20-foot 20-foot Parking Area and Drive Aisle Setbacks to Adjacent Zoning Districts
R-4 R-5
All residential 5-foot 5-foot
All other 5-foot 5-foot
Onsite Building to Building Setbacks R-4 R-5
Front to front 30-foot 30-foot
Front to side 30-foot 30-foot
Front to rear 30-foot 30-foot
Rear to side 25-foot 25-foot
Rear to rear 20-foot 20-foot
538
Ordinance No. 1970

Page 24 of 28 ends

Side to side 15-foot 15-foot
Oblique alignment
Accessory Structure Setbacks and Separation (in feet) R-4 R-5 In all cases See Section No.30-
461
Notes:
(1) Building shall mean a structure containing dwelling units. For purpose of this table, building setback standards shall be for any building exceeding a single-story.

Setback standards may be modified by other lettered notes herein. (2) Subtract ten feet for a single-story dwelling unit or a multi-story dwelling unit having a single-story element with a depth of at least ten feet. (3) All primary ground-floor common entries and individual dwelling unit entries fronting Foothill Blvd, Orange Way, Cypress Avenue or Valencia Avenue shall be oriented to the street, not the interior of the development or parking lot. (4) On a case by case basis, the Community Development Director may require up to ten feet of additional building setback from all property lines to accommodate entrance stops, porches, patios and other architecture features, as well as landscaping areas.
(5) For the purpose of this table, accessory structure means a subordinate structure which is incidental to and is detached from the main building but is on the same lot and supports the primary use on-site. If an accessory structure is attached to the building by way of a continuation of the building roof, the accessory structure shall be considered an addition to the building.
(6) "Front" is defined as that face of the building or unit with a major glass area and/or major private recreation area and may include access to that private recreation area. This access may or may not relate to the primary entrance to the building that faces the public right-of-way or private drive aisle; therefore, some buildings may have more than one "front" under this definition.
(7) For the purpose of this table, zoning districts are not considered adjacent if separated by a dedicated public right-of-way or utility easement of more than 50 feet in width.
(8) Setback measured from building to property line.
(9) "Oblique alignment" is defined as the intersection of the parallel face of one building by the corner angle of a second building where said angle is greater than 25 percent. The corner angle of the intersecting building may encroach into the setback of the other building by up to five feet provided there is an equal or greater setback at the other end of the intersecting building. Such encroachment shall also be averaged so that for each building that is allowed to encroach into the setback, another building will offset such encroachment by an equal number of feet. (Where two buildings meet at corner angles, the side-to-front setback criteria shall be used.)
(10) Balconies, patios (uncovered and covered), patio fences/walls, porches, and similar like structures (as determined by the Director of Community Development) may project into the setback area up to a maximum of six feet, 539
Ordinance No. 1970

Page 25 of 28 ends

providing, however, that such structures shall never be separated by less than 15 feet (horizontal).
(11) The "rear" of a building is defined as the point or area farthest from the front.

Where a building is identified to have two fronts the building may be considered not to have a rear facing.
(12) Setback from underdeveloped property in the R-2 zone shall be determined at the R-1 single-family zones development standard of 25 feet. (13) Where a new building is to be constructed on a corner lot or intersection, a wraparound building design with an angled corner shall be utilized in order to maximize and encourage pedestrian activity.
(14) Parking setback may be decreased to zero for subterranean parking structures.
(15) The minimum building setback to the R-1 zoning district may be reduced to 10 feet for development within the R-4 overlay for projects developed consistent with the density requirements of the R-4 overlay and where the adjacent parcel is vacant and undeveloped.

ARTICLE VI. – COMMERCIAL AND MIXED USE ZONING DISTRICT
DIVISION 3. – USE REGULATIONS
Sec. 30-491. – Special use regulations*.
…
(22) Restaurant, With the Sale of Alcohol.
(1) A restaurant selling alcohol for on-site consumption shall not negatively impact adjoining uses as it relates to noise in excess of the maximum noise measurements established in the Fontana Municipal Code, debris generated by the restaurant or its’ patrons not disposed of in appropriate receptacles, traffic impacting use of the public right-of-way, storage outside of an enclosed building, debris, traffic, storage, design and hours of operation, nor shall it create any adverse effect on public health, safety or welfare. (2) The establishment shall be operated in such a manner that sound emitted from the premises shall not be audible beyond the boundaries on which it is located:
a. All doors to the building shall remain closed except to allow for the entrance and exit of patrons and employees.
b. Any such alcohol sales use being established for the first time shall have no entrance or exit located within 100 feet of a 540
Ordinance No. 1970

Page 26 of 28 ends

residentially zoned or utilized property unless adequate sound attenuation measures have been undertaken to ensure sound measurements do not exceed the maximum measurements
established in the Fontana Municipal Code or unless the entrance or exit is separated from the residentially zoned property by a public street.
c. A restaurant selling alcohol for on-site consumption should be a minimum of 600 feet away from an existing or proposed school, park, religious institution, hospital, youth facility or other similar uses.

Chapter 33 – CANNABIS BUSINESSES AND ACTIVITIES
Sec. 33-30. Additional operating regulations for storefront retail. (a) No commercial cannabis retailer offering storefront purchase shall be located within 600 feet from another commercial cannabis storefront retailer. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of one commercial cannabis storefront retailer to the closest property line of the lot on which another commercial cannabis business is located without regard to intervening structures.
(b) Prior to dispensing medicinal cannabis or medicinal cannabis products to any person, the commercial medicinal cannabis business shall obtain verification from the recommending physician that the person requesting medicinal cannabis or medicinal cannabis products is a qualified patient, and shall maintain a copy of the physician recommendation or Identification Card as described in Health and Safety Code §§ 11362.71 through 11362.77, as may be amended from time to time, on site for period of not less than seven years.
(c) Storefront retailers also providing delivery shall comply with the requirements pertaining to deliveries in section 33-30 of this chapter. (d) Commercial cannabis retailers selling medicinal cannabis shall verify the age and all necessary documentation of each customer to ensure the customer is not under the age of 18 years and that the potential customer has a valid doctor's recommendation. Adult use retailers shall verify the age of all customers to ensure persons under the age of 21 are not permitted on the premises. Entrances into the retailer shall be locked at all times with entry strictly controlled. A "buzzin" electronic/mechanical entry system shall be utilized to limit access to and entry to the retailer to separate it from the reception or lobby area. 541
Ordinance No. 1970

Page 27 of 28 ends

(e) Retailers may have only that quantity of cannabis and cannabis products reasonably anticipated to meet the demand readily available for sale on-site in the retail sales area of the retailer.
(f) All restroom facilities shall remain locked and under the control of management. (g) A cannabis storefront retailer shall notify qualified patients, primary caregivers, and customers (verbally or by written agreement) and by posting of a notice or notices conspicuously in at least 15 point type within the permitted premises that state as follows:
(1) "The sale or diversion of cannabis or cannabis products without a permit issued by the City of Fontana is a violation of state law and the Fontana City Code." (2) "Secondary sale, barter, or distribution of cannabis or cannabis products purchased from a permittee is a crime and can lead to arrest." (3) "Patrons must not loiter in or near these premises and may not consume cannabis or cannabis products in the vicinity of this business or in any place not lawfully permitted. These premises and vicinity are monitored to ensure compliance."
(4) "Warning: the use of cannabis or cannabis products may impair a person's ability to drive a motor vehicle or operate heavy machinery."
(5) "CALIFORNIA PROP. 65 WARNING: Smoking of cannabis and cannabisderived products will expose you and those in your immediate vicinity to cannabis smoke. Cannabis smoke is known by the State of California to cause cancer."
(6) Waste management. When managing cannabis goods, chemicals, hazardous or dangerous waste, Retailers are obligated to obtain all required permits, licenses, or other clearances and comply with all orders, laws, regulations, or other requirements of other regulatory agencies, including, but not limited to, local health agencies, regional water quality control boards, air quality management districts or air pollution control districts, local land use authorities, and fire authorities. The sale of cannabis waste is prohibited. Retailers shall maintain accurate and comprehensive records at the premises regarding cannabis waste that accounts for, reconciles, and provides evidence of, all activity related to the generation and disposal or deposition of cannabis waste. (h) No cannabis goods shall be sold and/or delivered by any means or method to any person within a motor vehicle, except curbside delivery conducted pursuant to the following:
542
Ordinance No. 1970

Page 28 of 28 ends

(1) A licensed retailer authorized to engage in storefront sales at their licensed premises may conduct sales through curbside delivery.
(2) Cannabis goods that have been purchased by a customer may be delivered to the customer in a vehicle at a location on the license retail premises, which is immediately outside the structure, and which is not located adjacent to the public right-of-way.
(3) Curbside delivery of cannabis goods must occur under video surveillance meeting the applicable operating procedures (including those submitted as part of the initial application process).
(4) Retail employees engaging in curbside delivery must verify each customer’s age pursuant to Sec. 33-29(k).
543
City of Fontana
Action Report
Planning Commission
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0440 Agenda Date: 9/16/2025
Agenda #: PH-B Category: Public Hearing
FROM:

Planning Department
TITLE:

Master Case No. 25-0047 and Municipal Code Amendment No. 25-0008: Fontana Municipal Code amendments to Chapter 30 to modify multiple sections of the Zoning and Development Code, including modifications to the definition of and operating standards for restaurants, development standards for the Multi-Family Medium/High Density Residential (R-4) zone, administrative procedures pertaining to administrative site plan and design review entitlements; modification to Chapter 26 pertaining to time extensions for tentative maps; and modification to Chapter 33 to provide additional delivery standards for cannabis retail storefront businesses. (Continued from August 19, 2025)
RECOMMENDATION:

Based on the information in the staff report, staff recommends that the Planning Commission approve Resolution No. PC 2025-_____; and,

1. Determine that the proposed Ordinance is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15060(c), 15061 (B)(3) (the common-sense exemption), and 15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA, in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and,

2. Approve a resolution recommending that the City Council adopt an Ordinance for Municipal Code Amendment (MCA) No. 25-0008 to amend Chapters 26, 30, and 33 of the Municipal Code.

APPLICANT:

City of Fontana
8353 Sierra Ave.

Fontana, CA 92335
LOCATION:

Citywide
REQUEST:

Municipal Code Amendment (MCA) No. 25-0047 is a request to amend Chapter 30 to modify multiple sections of the Zoning and Development Code, including modifications to the definition and operating standards for restaurants, development standards for the Multi-Family Medium/High Density Residential (R-4) zone, administrative procedures pertaining to administrative site plan and design City of Fontana Page 1 of 3 Printed on 9/10/2025 powered by Legistar™5441
File #: 25-0440 Agenda Date: 9/16/2025
Agenda #: PH-B Category: Public Hearing
Residential (R-4) zone, administrative procedures pertaining to administrative site plan and design review entitlements; and modifications to Chapter 30 to include amendments to Chapter 26 pertaining to time extension for tentative maps; and amendments to Chapter 33 to provide additional delivery standards for curbside delivery for cannabis retail storefront businesses.

PROJECT PLANNER:

Cecily Session-Goins, Associate Planner
BACKGROUND INFORMATION:

The City of Fontana Zoning and Development Code along with other chapters of the Fontana Municipal Code regulate the development of commercial, industrial, and residential projects. Staff conducts ongoing reviews of the municipal code to determine where language within the code would benefit from updates, clarification, redefinition or additions to help streamline and facilitate the development process and commercial business activity.

PROJECT DESCRIPTION:

Municipal Code Amendment No. 25-0047 provides updates to Chapter 26 (Subdivisions), Chapter 30 (Zoning and Development Code) and Chapter 33 (Cannabis Business and Activities), as summarized below. A detailed list of the proposed amendments is provided within Exhibit “A” of the Planning Commission Resolution provided as Attachment No. 1.

ANALYSIS:

Chapter 30 modifications include:

Temporary Use Permits for Temporary Commercial Buildings - The allowance for temporary commercial buildings to be placed on commercial sites actively undergoing reconstruction or major remodeling to limit disruption to businesses in the city.

Development Standards for the R-4 zone - The addition of standards pertaining to development in the Medium High Density Multi-Family Residential (R-4) Overlay District and the removal of the restriction on the number of bedrooms residential dwellings in the Medium High Density Multi-Family Residential (R-4) zone may have.

Chapter 26 modifications include:

Tentative Parcel Map and Tentative Tract Map Time Extensions - Modifications to allow the original approving body for Tentative Maps to approve time extensions for tentative parcel maps and City of Fontana Page 2 of 3 Printed on 9/10/2025
powered by Legistar™5452
File #: 25-0440 Agenda Date: 9/16/2025
Agenda #: PH-B Category: Public Hearing
tentative tract maps.

Chapter 33 modifications include:

Curbside Delivery for Cannabis Retail Storefronts - Added language related to curbside delivery for cannabis retail storefronts.

In summary, the proposed amendments will provide a consistent and streamlined development process, clarified residential development standards, and flexibility for commercial businesses, thereby encouraging attractive development and supporting commercial business operation.

MOTION:

Approve staff’s recommendation.

ATTACHMENTS:

Attachment No. 1 - Planning Commission Resolution/Exhibit A Attachment No. 2 - Notice of Exemption
Attachment No. 3 - Public Hearing Notice
City of Fontana Page 3 of 3 Printed on 9/10/2025
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RESOLUTION PC NO. 2025 -____

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FONTANA,

CALIFORNIA, RECOMMENDING THAT THE FONTANA CITY COUNCIL ADOPT AN

ORDINANCE APPROVING AMENDMENTS TO MULTIPLE SECTIONS OF THE FONTANA MUNICIPAL CODE, INCLUDING AMENDMENTS TO SEC. 26-58

PERTAINING TO APPROVING BODIES FOR TENTATIVE PARCEL MAPS AND TENTATIVE TRACT MAPS; SEC. 30-12 PERTAINING TO THE DEFINITION OF RESTAURANT; SEC. 30-100 PERTAINING TO PROJECTS SUBJECT TO ADMINISTRATIVE SITE PLAN AMENDMENTS; SEC. 30-110 PERTAINING TO PROJECTS SUBJECT TO ADMINISTRATIVE SITE PLAN MODIFICATIONS; SEC. 30- 125 TO REMOVE REQUIREMENTS FOR A DESIGN REVIEW AMENDMENT; SEC. 30- 128 PERTAINING TO PROJECTS SUBJECT TO DESIGN REVIEW AMENDMENTS; SEC. 30-139 PERTAINING TO PROJECTS SUBJECT TO DESIGN REVIEW MODIFICATIONS; SEC. 30-256 PERTAINING TO TEMPORARY USE PERMITS FOR TEMPORARY COMMERCIAL BUILDINGS; SEC. 30-310 PERTAINING TO TIME EXTENSION APPROVALS FOR TENTATIVE TRACT MAPS; TABLE 30-359.A. TO REVISE LAND USES RELATED TO RESTAURANTS AND ALCOHOL SALES; SEC. 30-360 PERTAINING TO OPERATIONAL STANDARDS FOR RESTAURANTS SERVING ALCOHOL; SEC. 30-447 PERTAINING TO THE NUMBER OF BEDROOMS IN DWELLINGS IN THE R-4 ZONING DISTRICT; SEC. 30-448 PERTAINING TO BUILDING SEPARATION REQUIREMENT FOR PROJECTS IN THE R-4 OVERLAY DISTRICT; SEC. 30-491 PERTAINING TO OPERATIONAL STANDARDS FOR RESTAURANTS SERVING ALCOHOL; SEC. 33-30 TO EXPLICITLY ALLOW

CURBSIDE DELIVERY FOR CANNABIS STOREFRONT RETAIL BUSINESSES,

PURSUANT TO A CATEGORICAL EXEMPTION IN ACCORDANCE WITH CEQA GUIDELINES SECTIONS 15060(C), 15061(B)(3), AND SECTION 15378.

WHEREAS, pursuant to Government Code section 37100, the legislative body of -a city may pass ordinances not in conflict with the Constitution and laws of the State or the United States; and
WHEREAS, Government Code sections 50022.1 to 50022.10 authorize a city to codify and recodify its ordinances; and
WHEREAS, through Municipal Code Amendment (“MCA”) No. 25-0008, the City of Fontana (“City”) desires to restate without substantive revision, amend and recodify certain ordinances codified in the Fontana Municipal Code (“FMC”); and WHEREAS, the General Plan includes policies and actions calling for numerous updates to the FMC; and
WHEREAS, Section 26-58. Expiration of approval. is amended to authorize the original approving body for tentative parcel maps and tentative tract maps to approve time extensions; and
5474
WHEREAS, Section 30-12. – List of definitions. is amended to clarify the definition of a restaurant; and
WHEREAS, Section 30-100. – Reserved. is amended to include projects subject to an administrative site plan amendment; and
WHEREAS, Section 30-110. – Reserved. is amended to include projects subject to an administrative site plan modification; and
WHEREAS, Section 30-125. – Purpose. is amended remove requirements for a design review amendment; and
WHEREAS, Section 30-128. – Reserved. is amended to include projects subject to a design review amendment; and
WHEREAS, Section 30-139. – Reserved. is amended to include projects subject to a design review modification; and
WHEREAS, Section 30-256. – Types of temporary use applications and conditions. is amended to allow temporary commercial buildings on the site of an existing commercial business during reconstruction or remodeling; and WHEREAS, Section 30-310. – Authority is amended to authorize the Director of Planning to approve time extensions for tentative tract maps; and WHEREAS, Table 30-359.A. – Land Uses. is amended to revise land uses related to restaurants and alcohol sales; and
WHEREAS, Section 30-360. – Special use regulation. is amended to include operational standards for restaurants serving alcohol; and WHEREAS, Section 30-447. – Residential development standards. is amended to remove the limitation on the number of bedrooms per residential unit in the R-4 zoning district; and
WHEREAS, Section 30-448. – Multiple-family building separation requirement. is amended to include a provision for building separation from the R-1 zoning district for development in the R-4 Overlay district; and
WHEREAS, Section 30-491. – Special use regulations*. is amended to include operational standards for restaurants serving alcohol; and WHEREAS, Section 33.30. – Additional operational regulations for storefront retail. is amended to explicitly allow curbside delivery on the site of cannabis storefront retail and to provide operational standards for such activity; and 5485
WHEREAS, the Fontana Planning Commission (“Planning
Commission”)recommends that the Fontana City Council (“City Council”) determine that the amendments qualify for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA. Furthermore, Planning Commission recommends that City Council finds that the amendments are nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
WHEREAS, on August 19, 2025, the Planning Commission carefully considered all information pertaining to the municipal code amendments, including the staff report, and all the information, evidence, and testimony presented at its public hearing on August 19, 2025; and
WHEREAS, the amendments are consistent and compatible with the General Plan, and that the updates are in line with goals, policies and objectives of the City; the Housing Element policies and the Zoning and Development Code; and WHEREAS, the amendments will be in conformity with best land use practices and will establish appropriate development standards for the land use designations; and WHEREAS, the amendments to the FMC that are attached hereto as Exhibit “A” and incorporated herein by this reference; and
WHEREAS, the amendments will not be detrimental to the public health, safety, and general welfare, will not adversely affect the orderly development of property, will better express the City’s policies, and will generally promote good land use planning and regulation; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, the Planning Commission RESOLVES as follows:

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

Section 2. CEQA. The Planning Commission hereby recommends that the City Council determine that this ordinance qualifies for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and 15378 and Sections No. 3.01, 3.22, 5496
and 10.59 of the 2019 Local Guidelines for Implementing CEQA, that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; therefore, a Notice of Exemption has been prepared.

Section 3. Municipal Code Amendment. The Planning Commission hereby makes the following finding for MCA No. 25-0008 in accordance with Section 30-45(b) “HearingPlanning Commission” development code amendments of the Fontana Zoning and Development Code:

Finding: The proposal substantially promotes the goals of the City’s general plan.

Finding of Fact: The proposed Municipal Code Amendments will clarify and streamline the City’s development requirements and processes while facilitating housing and commercial development and supporting the business community. As such, they promote the General Plan goals of adequate housing to meet the needs of all residents in Fontana and promoting a diversified economy.

Section 4. Recommendation of Approval. Based on the foregoing, the Planning Commission hereby recommends that the City Council adopt an ordinance approving MCA No. 25-0008 to amend multiple sections of the FMC as indicated in Exhibit “A” which is attached hereto and incorporated herein by reference.

Section 5. 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 6. Certification. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.

Section 7. Effective Date. This Resolution shall become effective immediately upon its adoption.

Section 8. 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 any other provisions or applications of this Resolution that can be given effect without the invalid provision or application.

APPROVED AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 19th day of August 2025. 5507
City of Fontana
___________________________
Idilio Sanchez, Chairperson
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 19th day of August 2025, by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Joseph Armendarez, Secretary
5518
“EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(*Additions shown in underline, deletions shown in strikeout) Chapter 26 – SUBDIVISIONS
DIVISION 2. – TENTATIVE TRACT MAP REQUIREMENTS
Sec. 26-58. Expiration of approval.
(a) An approved tentative tract map shall expire 24 months after its approval, unless this time period is otherwise extended pursuant to this section or pursuant to any provision of the Subdivision Map Act as enacted or subsequently amended, but in no event shall an approved tentative tract map be valid beyond 15 years from the date it was first approved.
(b) In addition to the time period set forth in subsection (a) of this section and upon application of the subdivider filed prior to expiration of the approved tentative tract map, an additional period of time, not to exceed five years, may be granted by the planning commission Director of Planning. When an application is filed pursuant to this subsection, the map shall automatically be extended for 60 days or until the planning commission Director of Planning approves, conditionally approves, or denies the application for the extension.
(c) The period of time specified in subsections (a) and (b) of this section shall not include any period of time during which a development moratorium, imposed after approval of the tentative tract map, is in existence; provided, however, that the length of the moratorium does not exceed five years. Once a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time the moratorium was imposed. However, if the remaining time is less than 120 calendar days, the map shall be valid for 120 calendar days following the termination of the moratorium. For purposes of this section, a development moratorium shall include a water or sewer moratorium, as well as other actions of public agencies which regulate land use, development or the provision of services to the land, including those of school and fire districts. (d) The period of time specified in subsections (a) and (b) of this section shall not include any period of time during which a lawsuit involving the approval of the tentative tract map is or was pending in a court of competent jurisdiction if, upon application of the subdivider and upon conclusive proof of the existence of such lawsuit, the planning commission agrees, in accordance with California Government Code § 66452.6(c), to stay such time period. Within 40 days after receiving the application, the city shall either stay the time period for up to five years or deny the requested stay. The planning commission shall determine whether the conditions of approval imposed at the time the tentative tract map 5529
was first approved are sufficient to protect the health, safety and welfare of the general public. The planning commission has the right to amend, modify or delete such conditions of approval as a condition of the requested stay. (e) If the subdivider is required to expend $125,000.00 or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, upon the filing of a final map, the expiration of the tentative tract map shall be extended by 36 months from the date of its expiration or the date of the previously filed final map, whichever is later. This subsection shall apply only to situations wherein multiple final maps are filed with the city. The extension provided in this subsection shall not extend the tentative map more than ten years from its date of approval.

Nothing in this subsection limits the authority of the planning commission to impose reasonable conditions to the filing of multiple final maps. (f) In addition to any other extension of time provided by this section or provided by the Subdivision Map Act, the expiration date of any tentative tract map that did not expire before September 13, 1993, shall be extended by 24 months. (g) In addition to any other extension of time provided by this section or provided by the Subdivision Map Act the expiration date of any tentative tract map that did not expire before May 15, 1996, shall be extended by 12 months. (h) In addition to any other extension of time provided by this section or provided by the Subdivision Map Act any tentative tract map that would have expired on or after March 3, 2020 and before December 31, 2020, shall be extended by 12 months.
(i) Subject to the 15 year time limit set forth in subsection (a) of this section, a tentative tract map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 of the California Government Code may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. Such extension occurs upon the filing of each final map authorized by Government Code § 66456.1.
55310
Sec. 30-12. – List of definitions.
…
Restaurant means an establishment where food and drink is freshly prepared, cooked, and served to order and consumed primarily within the main building, and building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designated to take place outside the confines of the building, often in a motor vehicle. and where at least 65 percent of the quarterly gross receipts are from the sale of food products/meals that include freshly prepared food items available for consumption on the premises during all hours the establishment is open for business. Restaurants maintain suitable kitchen facilities for cooking and/or preparing an assortment of foods for meals along with the proper amount of refrigeration and/or heating for keeping of food. The service of pre-packaged items (e.g. sandwiches, salads, etc.) does not qualify within the definition of a restaurant. Restaurants do not include any live entertainment, disc jockey, amplified music, karaoke, electronic arcade, amusement games, pool tables, dart boards, dancing, dance floor, or dance area provided on the premises. …
Subdivision III. – Administrative Site Plan – Amendment Sec. 30-100. Reserved Projects subject to administrative site plan - amendment.

Editor's note(s)—Ord. No. 1906, § 28, adopted Oct. 25, 2022, repealed § 30-100, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.
(a) Applications for amendments to administrative site plans are required for commercial, industrial, and institutional projects with a previously approved administrative site plan entitlement that has not yet expired, is not under construction or developed, and which may or may not involve the issuance of a building permit for construction, including:
(1) Major façade changes that include significant structural changes, such as changes to the location of windows and doors, roof pitch or structure, building materials, etc.
(2) Major site plan changes, such as relocation of buildings, but not including the relocation or modifications to parking spaces where such relocation or modification reduces the number of parking spaces below the required number of parking spaces.
(3) The addition of square footage to a previously-approved building totaling less than 1% of the total building area.
55411
(b) Amendments to an approved administrative site plan shall be approved by the Director of Planning or his/her designee. Upon the submittal of an application, the Director of Planning shall have the discretion to determine if the proposed amendment will be referred to the approving body for approval or approved administratively. The following parameters shall be used to guide the Director of Planning’s decision:
(1) Changes to conditions of approval, increases in the square footage, and significant changes to either the site plan (such as changing the size, shape, or position of a building on a project site) or architectural elevations (such as changes in building height or massing, altering the exterior building materials, adding or deleting elements such as balconies, dormers, porches, etc.) shall be referred to the approving body for review and approval of an administrative site plan amendment.
(2) Changes to the following may be reviewed and approved administratively by the Director of Planning:
a. Architectural features that are not significant in nature (i.e. window treatments, shifting of windows or minor changes in window size, decorative trim, or numbers, the shifting of parking spaces on site that do not reduce the number of required parking spaces below the minimum required by the Article XI or the applicable specific plan, etc.)
b. Site improvements that enhance the site regarding the aesthetics, public safety and/or security.
c. Project features not visible from the public right-of-way and that do not result in a material change to the project’s operational characteristics, scale intensity or fundamental design intent as originally approved.
(3) Within five years of the original administrative site plan application, color combinations and color schemes for commercial and industrial buildings 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, regardless of the date of the original application and modifications of color combinations and color schemes for administrative site plan applications which are five years or older from the date of approval may be approved by the Director of Planning administratively. The Director of Planning may refer minor hue color changes to the original approving body for consideration under a revision to the original application.

Subdivision IV. – Administrative Site Plan Modification 55512
Sec. 30-110. Reserved. Projects subject to administrative site plan – modification.

Editor's note(s)—Ord. No. 1906, § 31, adopted Oct. 25, 2022, repealed § 30-110, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.
(a) Applications for administrative site plan – modification are required for commercial, industrial, and institutional projects with a previously approved administrative site plan entitlement that has not yet expired, is currently under construction or developed, and which may or may not involve the issuance of a building permit for construction, including:
(1) Major façade changes that include significant structural changes, such as the changes to the location of windows and doors, roof pitch or structure, building materials, etc.
(2) Major site plan changes, such as relocation of buildings, but not including the relocation or modifications to parking spaces where such relocation or modification reduces the number of parking spaces below the required number of parking spaces.
(3) The addition of square footage to a previously approved building totaling less than 1% of the total building area.
(b) Modifications to an administrative site plan shall be approved by the Director of Planning or his/her designee. Upon written request from an applicant, the Director of Planning shall have the discretion to determine if the proposed modification will be referred to the approving body for approval or approved administratively. The following parameters shall be used to guide the Director of Planning’s decision:
(1) Changes to conditions of approval, increases in the square footage, and significant changes to either the site plan (such as changing the size, shape, or position of a building on a project site) or architectural elevations (such as changes in building height or massing, altering the exterior building materials, or adding or deleting elements like balconies, dormers, porches, etc.) shall be referred to the approving body for review and approval of an administrative site plan modification.
(2) Changes to the following may be reviewed and approved administratively by the Director of Planning:
a. Architectural features that are not significant in nature (i.e. window treatments, shifting of windows or minor changes in window size, decorative trim, or numbers, the shifting of parking spaces on site that do not reduce the number of required parking spaces below the 55613
minimum required by the Article XI or the applicable specific plan, etc.)
b. Site improvements that enhance the site regarding the aesthetics, public safety and/or security.
c. Project features not visible from the public right-of-way and that do not result in a material change to the project’s operational characteristics, scale intensity or fundamental design intent as originally approved.
(3) Within five years of the original administrative site plan application, color combinations and color schemes for commercial and industrial buildings 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, regardless of the date of the original application and modifications of color combinations and color schemes for administrative site plan applications which are five years or older from the date of approval 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.

Subdivision II. – Design Review - Amendment
Sec. 30-125. Purpose.
(a) The purpose and intent of the design review, amendment process is to assure that projects comply with all applicable City standards and ordinances, and are not detrimental to the public health, safety, or welfare, or are materially injurious to properties or improvements in the immediate vicinity. Projects eligible for an amendment are for any non-expired approved entitlements for design review on undeveloped sites pursuant to the amendment procedures herein. (b) Amendments to an approved design or administrative site plan review shall be approved by the approving body or the Director of Community Development or his/her designee. Upon written request from an applicant, the Director of Community Development shall have the discretion to determine if the proposed amendment will be referred to the approving body for approval or approved administratively. Administratively approved amendments to a design review originally approved by the Planning Commission shall be placed on the Planning Commission agenda under the Manager of Planning report for informational purposes. The following parameters shall be used to guide the Director of Planning’s decision:
55714
(1) Changes to conditions of approval, increases in the square footage, and significant changes to either the site plan or architectural elevations shall be referred to the approving body for review and approval
(2) Changes to architectural features that are not significant in nature such as window treatments, shifting of windows or minor change in window size or decorative trim, the shifting of parking spaces on site that do not reduce the number of required parking spaces or site improvements that enhance the site in regard to the aesthetics, public safety and/or security can be reviewed and approved administratively.
(3) Within five years of the original design review or administrative site plan application, color combinations and color schemes for commercial and industrial buildings 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, regardless of the date of the original application and modifications of color combinations and color schemes for design reviews and administrative site plan applications which are five years or older from the date of approval may be approved by the Director of Community Development. The Director of Community Development may refer minor hue color changes to the original approving body for consideration under a revision to the original application. Appeals shall follow provisions of Section 30-33.

Sec. 30-128. Reserved Projects subject to design review - amendment.

Editor's note(s)—Ord. No. 1906, § 35, adopted Oct. 25, 2022, repealed § 30-128, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.
(a) Applications for design review – amendment are required for projects with a previously approved design review entitlement that has not yet expired, is not under construction or developed, and which may or may not involve the issuance of a building permit for construction, including:
(1) Major façade changes that include significant structural changes, such as the changes to the location of windows and doors, roof pitch or structure, building materials, etc.
(2) Major site plan changes, such as relocation of buildings, but not including the relocation of or modifications to parking spaces where such relocation or modification reduces the number of parking spaces below the required number of parking spaces.
(3) The addition of square footage to a previously-approved building totaling less than 1% of the total building area.
55815
(b) Amendments to an approved design review shall be approved by the Director of Planning or his/her designee. Upon written request from an applicant, the Director of Planning shall have the discretion to determine if the proposed amendment will be referred to the approving body for approval or approved administratively.

Subdivision III. – Design Review Modification
55916
Sec. 30-139. Reserved Projects subject to design review - modification.

Editor's note(s)—Ord. No. 1906, § 37, adopted Oct. 25, 2022, repealed § 30-139, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.
(a) Applications for design review – modification are required for projects with a previously approved design review entitlement that has not yet expired, is under construction or already developed, and which may or may not involve the issuance of a building permit for construction, including:
(1) Major façade changes that include significant structural changes, such as the changes to the location of windows and doors, roof pitch or structure, building materials, etc.
(2) Major site plan changes, such as relocation of buildings, but not including the relocation or modifications to parking spaces where such relocation or modification reduces the number of parking spaces below the required number of parking spaces.
(3) The addition of square footage to a previously-approved building totaling less than 1% of the total building area.
(b) Modifications to an approved design review shall be approved by the approving body or the Director of Planning or his/her designee. Upon written request from an applicant, the Director of Planning shall have the discretion to determine if the proposed amendment will be referred to the approving body for approval or approved administratively. Administratively approved modifications to a design review originally approved by the Planning Commission shall be placed on the Planning Commission agenda under the Director of Planning report for informational purposes. The following parameters shall be used to guide the Director of Planning’s decision:
(1) Changes to conditions of approval, increases in the square footage, and significant changes to either the site plan or architectural elevations shall be referred to the approving body for review and approval. (2) Changes to the following may be reviewed and approved administratively by the Director of Planning:
a. Architectural features that are not significant in nature (i.e. window treatments, shifting of windows or minor changes in window size, decorative trim, or numbers, the shifting of parking spaces on site that do not reduce the number of required parking spaces below the 56017
minimum required by the Article XI or the applicable specific plan, etc.)
b. Minor site improvements that enhance the site regarding the aesthetics, public safety and/or security.
c. Project features not visible from the public right-of-way and that do not result in a material change to the project’s operational characteristics, scale intensity or fundamental design intent as originally approved.
(3) Within five years of the original design review application, color combinations and color schemes for commercial and industrial buildings 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, regardless of the date of the original application and modifications of color combinations and color schemes for design reviews applications which are five years or older from the date of approval 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. Appeals shall follow provisions of Section 30-33.

DIVISION 18. – TEMPORARY USE
Sec. 30-256. - Types of temporary use applications and conditions.

A temporary use permit shall be required for the following activities and shall be subject to conditions established herein and any other additional conditions as may be prescribed by the Director of Planning. All such uses shall be subject to the sign regulations within Chapter 3 and zoning regulations within Chapter 30 of the Municipal Code.
…
(12) Temporary commercial buildings on active construction sites in the case of the reconstruction or remodeling of an existing commercial business. The following restrictions shall apply:
a. The Director of Planning may approve a temporary commercial building for the duration of the reconstruction or remodeling project or for up to a maximum period of one year. If the Director of Planning determines that extenuating circumstances have occurred during construction, a one-year extension may be granted.
b. A maximum of one temporary commercial building may be approved to operate a maximum of one business on the site. The business must be appropriately 56118
licensed, operating in compliance with all City rules, regulations, and codes, and must have been in operation prior to the start of construction. c. Installation of the temporary building may occur only after a valid building permit has been issued by the Building and Safety Department.
d. The temporary building installation must meet all requirements and regulations of the County Department of Environmental Health Services and all applicable City departments and other regulating agencies.
e. Temporary buildings installed under the provisions of this section shall be removed from the site within fourteen calendar days of the completion of, and issuance of the Certificate of Occupancy for, the commercial building on the site.
f. The temporary building shall not be installed on required vehicle parking and loading spaces as determined by Article XI. – On-Site Parking and Loading Regulations. Vehicle parking spaces provided on the subject site in excess of the requirements of Article XI may be considered for the installation of the temporary building.
g. The temporary building shall not obstruct access and/or drive aisles on the subject site.
h. Signage for the business on the site shall be reviewed and approved through the Temporary Use Permit and/or Design Review Sign process. (12 13) Other uses and activities that may be needed on a temporary basis or similar to subsections (1) through (10 9) above as deemed appropriate by the Director of Planning.

DIVISION 22. – TIME EXTENSION, MAPPING AND PROJECT
Subdivision II. – Time Extension – Tentative Tract Maps Sec. 30-310. - Authority.

The Planning Commission Director of Planning is authorized to approve or deny applications for time extension for tentative tract maps and to impose conditions upon such approval.
56219
ARTICLE III – FORM BASED CODE
Division 3. – Permitted Land Uses
Table 30-359.A. – Land Uses
Civic Station
Area
Downtown
Gateway
NeighborhoodMultiFamilyTransitionalSierra
Gateway
Route 66
Gateway
Valley
Gateway Village
…
Alcohol Beverage Sales
Alcohol sales for off-site consumption, with
or without tasting room M M M -- -- M C C C M
Alcohol sales for Oon-site sales
consumption, in connection with
restaurant/food hall (“Bona fide Public
Eating Place”, as defined by the
Department of Alcoholic Beverage Control)

M M M -- -- M C C C M
Micro-breweries in connection with
restaurant (Brew Pub) (Bona fide Public
Eating Place as defined by the Department
of Alcohol Beverage Control)

M M M -- -- M C C C M
Micro-breweries without tasting room -- -- -- -- -- -- -- -- C -- …
56320
ATTACHMENT NO. 1

Page 18 of 25 ends

ARTICLE III – FORM BASED CODE
DIVISION 3. – PERMITTED LAND USES
Sec. 30-360. Special use regulation.
…
(i) Alcohol sales for on-site consumption, in connection with a restaurant/food hall. (1) A restaurant selling alcohol for on-site consumption shall not negatively impact adjoining uses as it relates to noise in excess of the maximum noise measurements established in the Fontana Municipal Code, debris generated by the restaurant or its’ patrons not disposed of in appropriate receptacles, traffic impacting use of the public right-of-way, storage outside of an enclosed building, and hours of operation, nor shall it create any adverse effect on public health, safety or welfare.
(2) The establishment shall be operated in such a manner that sound emitted from the premises shall not be audible beyond the boundaries on which it is located:
a. All doors to the building shall remain closed except to allow for the entrance and exit of patrons and employees.
b. Any such alcohol sales use being established for the first time shall have no entrance or exit located within 100 feet of a residentially zoned or utilized property unless adequate sound attenuation measures have been undertaken to ensure sound measurements do not exceed the maximum measurements established in the Fontana Municipal Code or unless the entrance or exit is separated from the residentially zoned property by a public street.
c. A restaurant selling alcohol for on-site consumption should be a minimum of 600 feet away from an existing or proposed school, park, religious institution, hospital, youth facility or other similar uses.

ARTICLE V. – RESIDENTIAL ZONING DISTRICTS
DIVISION 4. DEVELOPMENT STANDARDS FOR PRIMARY DWELLINGS.

Sec. 30-447. Residential development standards.

The following development standards apply to multi-family residential development projects without a commercial component, which are proposed at minimum density of 56421

Page 19 of 25 ends

Table No. 30-447
Residential Development Standards
Maximum Density R-4 R-5
Maximum permitted number of dwelling units per adjusted gross acre

24.1.0—

39.0 39.1—

Maximum dwelling unit in square feet 1,800
sq. ft.
1,800
sq. ft.

Sec. 30-448. Multiple-family building separation requirement.

Page 20 of 25 ends

Corner Lot, Side Building Setback to P/L R-4 R-5
Major or primary 5-foot 5-foot
Secondary or collector 5-foot 5-foot
Local 5-foot 5-foot
Corner Lot, Side Parking Setbacks to P/L R-4 R-5
Major or primary 10-foot 10-foot
Secondary or collector 10-foot 10-foot
Local 10-foot 10-foot
Side Setback (interior), Building, Setback to Adjacent
Zoning Districts
R-4 R-5
R-1 25-foot 25-foot
R-2 (Single-family use) 25-foot 25-foot
R-2 (Multi-family use) 15-foot 15-foot
R-3 10-foot 15-foot
R-4 0-foot 0-foot
R-5 0-foot 0-foot
R-PC, Single-family 75-foot 75-foot
R-PC, Specific plan (b) (single-family/multi-family) 25-foot/ 15-foot
25-foot/
15-foot
R-E 75-foot 75-foot
P-PF 30-foot 30-foot
C-2 0-foot 0-foot
All other zoning districts, (C-1, RMU, and OS) 20-foot 20-foot Parking Area and Drive Aisle Setbacks to Adjacent Zoning Districts
R-4 R-5
All residential 5-foot 5-foot
All other 5-foot 5-foot
Onsite Building to Building Setbacks R-4 R-5
Front to front 30-foot 30-foot
Front to side 30-foot 30-foot
Front to rear 30-foot 30-foot
Rear to side 25-foot 25-foot
Rear to rear 20-foot 20-foot
Side to side 15-foot 15-foot
Oblique alignment
Accessory Structure Setbacks and Separation (in feet) R-4 R-5 In all cases See Section No.30-
461
Notes:
(1) Building shall mean a structure containing dwelling units. For purpose of this table, building setback standards shall be for any building exceeding a single-story.

Setback standards may be modified by other lettered notes herein. 56623

Page 21 of 25 ends

(2) Subtract ten feet for a single-story dwelling unit or a multi-story dwelling unit having a single-story element with a depth of at least ten feet. (3) All primary ground-floor common entries and individual dwelling unit entries fronting Foothill Blvd, Orange Way, Cypress Avenue or Valencia Avenue shall be oriented to the street, not the interior of the development or parking lot. (4) On a case by case basis, the Community Development Director may require up to ten feet of additional building setback from all property lines to accommodate entrance stops, porches, patios and other architecture features, as well as landscaping areas.
(5) For the purpose of this table, accessory structure means a subordinate structure which is incidental to and is detached from the main building but is on the same lot and supports the primary use on-site. If an accessory structure is attached to the building by way of a continuation of the building roof, the accessory structure shall be considered an addition to the building.
(6) "Front" is defined as that face of the building or unit with a major glass area and/or major private recreation area and may include access to that private recreation area. This access may or may not relate to the primary entrance to the building that faces the public right-of-way or private drive aisle; therefore, some buildings may have more than one "front" under this definition.
(7) For the purpose of this table, zoning districts are not considered adjacent if separated by a dedicated public right-of-way or utility easement of more than 50 feet in width.
(8) Setback measured from building to property line.
(9) "Oblique alignment" is defined as the intersection of the parallel face of one building by the corner angle of a second building where said angle is greater than 25 percent. The corner angle of the intersecting building may encroach into the setback of the other building by up to five feet provided there is an equal or greater setback at the other end of the intersecting building. Such encroachment shall also be averaged so that for each building that is allowed to encroach into the setback, another building will offset such encroachment by an equal number of feet. (Where two buildings meet at corner angles, the side-to-front setback criteria shall be used.)
(10) Balconies, patios (uncovered and covered), patio fences/walls, porches, and similar like structures (as determined by the Director of Community Development) may project into the setback area up to a maximum of six feet, providing, however, that such structures shall never be separated by less than 15 feet (horizontal).
(11) The "rear" of a building is defined as the point or area farthest from the front.

Page 22 of 25 ends

(14) Parking setback may be decreased to zero for subterranean parking structures.
(15) The minimum building setback to the R-1 zoning district may be reduced to 10 feet for development within the R-4 overlay for projects developed consistent with the density requirements of the R-4 overlay and where the adjacent parcel is vacant and undeveloped.

Page 23 of 25 ends

school, park, religious institution, hospital, youth facility or other similar uses.

Page 24 of 25 ends

(1) "The sale or diversion of cannabis or cannabis products without a permit issued by the City of Fontana is a violation of state law and the Fontana City Code." (2) "Secondary sale, barter, or distribution of cannabis or cannabis products purchased from a permittee is a crime and can lead to arrest." (3) "Patrons must not loiter in or near these premises and may not consume cannabis or cannabis products in the vicinity of this business or in any place not lawfully permitted. These premises and vicinity are monitored to ensure compliance."
(4) "Warning: the use of cannabis or cannabis products may impair a person's ability to drive a motor vehicle or operate heavy machinery."
(5) "CALIFORNIA PROP. 65 WARNING: Smoking of cannabis and cannabisderived products will expose you and those in your immediate vicinity to cannabis smoke. Cannabis smoke is known by the State of California to cause cancer."
(6) Waste management. When managing cannabis goods, chemicals, hazardous or dangerous waste, Retailers are obligated to obtain all required permits, licenses, or other clearances and comply with all orders, laws, regulations, or other requirements of other regulatory agencies, including, but not limited to, local health agencies, regional water quality control boards, air quality management districts or air pollution control districts, local land use authorities, and fire authorities. The sale of cannabis waste is prohibited. Retailers shall maintain accurate and comprehensive records at the premises regarding cannabis waste that accounts for, reconciles, and provides evidence of, all activity related to the generation and disposal or deposition of cannabis waste. (h) No cannabis goods shall be sold and/or delivered by any means or method to any person within a motor vehicle, except curbside delivery conducted pursuant to the following:
(1) A licensed retailer authorized to engage in storefront sales at their licensed premises may conduct sales through curbside delivery.
(2) Cannabis goods that have been purchased by a customer may be delivered to the customer in a vehicle at a location on the license retail premises, which is immediately outside the structure, and which is not located adjacent to the public right-of-way.
(3) Curbside delivery of cannabis goods must occur under video surveillance meeting the applicable operating procedures (including those submitted as part of the initial application process).
57027

Page 25 of 25 ends

(4) Retail employees engaging in curbside delivery must verify each customer’s age pursuant to Sec. 33-29(k).
57128
Notice of Exemption FORM “A”
ATTACHMENT NO. 2

NOTICE OF EXEMPTION
TO:
☒
Office of Land Use and Climate
Innovation
State Clearinghouse
P. O. Box 3044, Room 113
Sacramento, CA 95812-3044
FROM:
(Public
Agency)
Name: City of Fontana
Address: 8353 Sierra Ave,
Fontana CA 92335
Telephone: 909-350-6568
☒ Clerk of the Board of Supervisors
or
County Clerk (Include County
name)
Address:

1. Project Title: Master Case No. 25-0047, Municipal
Code Amendment No. 25-0008

2. Project Applicant (include address,
telephone number and email address):

City of Fontana, Planning Department,
8353 Sierra Avenue, Fontana, CA 92335,
Cecily Session-Goins, Associate
Planner, (909) 350-6723,
[email protected]

3. Project Location – Identify street
address and cross streets or attach a
map showing project site (preferably a
USGS 15’ or 7 1/2’ topographical map
identified by quadrangle name):

Citywide, City of Fontana, County of San
Bernardino

4. (a) Project Location – City: Fontana (b) Project Location – County: San Bernardino

5. Description of nature, purpose, and
beneficiaries of Project:

The project is Municipal Code
Amendment No. 25-0008 - Fontana
Municipal Code amendment to Chapters
26, 30 (Zoning and Development Code),
and 33 pertaining to temporary use
permits, entitlement requirements,
restaurants serving alcohol, curbside
delivery for retail storefront cannabis
businesses, and residential development
standards.
57229
Notice of Exemption FORM “A”

6. Name of Public Agency approving
project:

City of Fontana

7. Name of Person or Agency undertaking
the project, including any person
undertaking an activity that receives
financial assistance from the Public
Agency as part of the activity or the
person receiving a lease, permit,
license, certificate, or other entitlement
of use from the Public Agency as part of
the activity:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-6718

8. Exempt status: (check one)
(a) ☐ Ministerial project. (Pub. Resources Code § 21080(b)(1); State CEQA Guidelines § 15268)
(b) ☐ Not a project. State CEQA Guidelines 15050(c)(2)-(3) (c) ☐ Declared Emergency (Pub. Resources Code § 21080(b)(3); State CEQA Guidelines § 15269(a))
(d) ☐ Emergency Project. (Pub. Resources Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c))
(e) ☐ Categorical Exemption.

State type and section
number:
(f) ☐ Statutory Exemption.

State Code section number:
(g) ☒ Other. Explanation: This Ordinance is not a project pursuant to Section 15060(c), 15061(B)(3) (the
common-sense exemption) and 15378 of the
State of California Environmental Quality Act
Guidelines, because it does not have
potential for resulting in physical change in
the environment, directly or indirectly. Where
it can be with certainty that there is no
possibility that the activity in question may
have a significant effect on the environment,
the activity is not subject to CEQA.

9. Reason why project was exempt: This project is a citywide amendment to Chapters 26, 30 and 33 of the Fontana
Municipal Code pertaining to temporary
use permits, entitlement requirements,
restaurants serving alcohol, curbside
delivery for retail storefront cannabis
businesses, and residential development
standards. There is no associated
development with this project.
57330
Notice of Exemption FORM “A”

10. Lead Agency Contact Person:

Telephone:

Cecily Session-Goins, Associate Planner
909-350-6723

11. If filed by applicant: Attach Certificate of Determination (Form “B”) before filing.

12. Was a public hearing held by the Lead Agency to consider the exemption? Yes ☒ No ☐
If yes, the date of the public hearing was: August 19, 2025 Date:
________________________________
Signature
Name: Rina Leung
Title: Senior Planner
☒ Signed by Lead Agency ☐ Signed by Applicant
Date Received for Filing:
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21110, Public Resources Code.

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. 57431

CONTINUANCE OF NOTICE PUBLIC HEARING
 At the August 19, 2025 meeting, the Fontana Planning Commission continued the item to the meeting of September 16, 2025.

Si desea información en Español referente a esta notificación 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 NUMBER (MCN) NO. 25-0047 - MUNICIPAL CODE AMENDMENT (MCA) NO. 25-0008 Review of amendments to Chapter 30 to modify multiple sections of the Zoning and Development Code, including modifications to the definition of and operating standards for restaurants, development standards for the multi-family medium/high density residential (R-4) zone, administrative procedures pertaining to administrative site plan and design review entitlements; and modifications to Chapter 30 include establishment of a Paseo Overlay District; modification to Chapter 26 pertaining to time extension for tentative maps; and modification to Chapter 33 to provide standards for curbside delivery for cannabis retail storefront businesses.

Environmental
Determination: This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, Section No. 3.22 and 3.07 of the 2019 Local Guidelines for Implementing CEQA, because it does not have potential for resulting in physical change in the environment, directly or indirectly. Where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Location of Property: Citywide
Date of Hearing: August 19, 2025
Place of Hearing: City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 6:00 pm
Should you have any questions concerning this project, please contact Cecily Session-Goins, Associate Planner, at (909) 350-6723 or by email at [email protected] 57532

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 AT THE PLANNING DEPARTMENT, CITY HALL. 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: July 28, 2025
¼ Page
57633
Planning Commission DRAFT Minutes September 16, 2025
ATTACHMENT NO. 3
PH-B Master Case No. 25-0047 and Municipal Code Amendment No. 25-0008:

Fontana Municipal Code amendments to Chapter 30 to modify multiple sections of the Zoning and Development Code, including modifications to the definition of and operating standards for restaurants, development standards for the Multi-Family Medium/High Density Residential (R-4) zone, administrative procedures pertaining to administrative site plan and design review entitlements; modification to Chapter 26 pertaining to time extensions for tentative maps; and modification to Chapter 33 to provide additional delivery standards for cannabis retail storefront businesses. (Continued from August 19, 2025).

Chair Sanchez opened the Public Hearing.

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

Chair Sanchez asked if “curbside delivery of cannabis” meant literal curbside handoff similar to UberEats. Associate Planner Session-Goins clarified it refers to a “Target driveup” model, limited to pre-ordered products brought to customers’ vehicles on the retailer’s premises, with no other vehicle-based sales permitted.

No written correspondence was received.

No one spoke in favor or in opposition.

The Public Hearing was closed.

RECOMMENDATION:

Based on the information in the staff report, staff recommends that the Planning Commission approve Resolution No. PC 2025-029; and,

1. Determine that the proposed Ordinance is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and 15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA, in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and,

2. Approve a resolution recommending that the City Council adopt an Ordinance for Municipal Code Amendment (MCA) No. 25-0008 to amend Chapters 26, 30, and 33 of the Municipal Code.

ACTION: Motion was made by Commissioner Keetle and seconded by Secretary Armendarez and passed by a vote of 4-0 to approve Public Hearing Item “B” and adopt Resolution No. PC 2025-029.
577
Planning Commission DRAFT Minutes September 16, 2025

Page 2 of 2 ends

The motion carried by the following vote:

AYES: Chair Sanchez, Secretary Armendarez, Commissioners Keetle and Lozano NOES: None; ABSTAIN: None; ABSENT: Vice Chair Quintana
578
Notice of Exemption FORM “A”
ATTACHMENT NO. 4

1. Project Title: Master Case No. 25-0047, Municipal
Code Amendment No. 25-0008

2. Project Applicant (include address,
telephone number and email address):

City of Fontana, Planning Department,
8353 Sierra Avenue, Fontana, CA 92335,
Cecily Session-Goins, Associate
Planner, (909) 350-6723,
[email protected]

3. Project Location – Identify street
address and cross streets or attach a
map showing project site (preferably a
USGS 15’ or 7 1/2’ topographical map
identified by quadrangle name):

Citywide, City of Fontana, County of San
Bernardino

4. (a) Project Location – City: Fontana (b) Project Location – County: San Bernardino

5. Description of nature, purpose, and
beneficiaries of Project:

6. Name of Public Agency approving
project:

City of Fontana

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-6718

State type and section
number:
(f) ☐ Statutory Exemption.

10. Lead Agency Contact Person:

Telephone:

Cecily Session-Goins, Associate Planner
909-350-6723

11. If filed by applicant: Attach Certificate of Determination (Form “B”) before filing.

12. Was a public hearing held by the Lead Agency to consider the exemption? Yes ☒ No ☐
If yes, the date of the public hearing was: October 14, 2025 Date:
________________________________
Signature
Name: Rina Leung
Title: Senior Planner
☒ Signed by Lead Agency ☐ Signed by Applicant
Date Received for Filing:
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21110, Public Resources Code.

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. 581

NOTICE PUBLIC HEARING
Si desea información en Español referente a esta notificación o proyecto, favor de comunicarse al (909) 350-6728.

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

MASTER CASE NUMBER (MCN) NO. 25-0047 - MUNICIPAL CODE AMENDMENT (MCA) NO. 25-0008 Review of amendments to Chapter 30 to modify multiple sections of the Zoning and Development Code, including modifications to the definition of and operating standards for restaurants, development standards for the multi-family medium/high density residential (R-4) zone, administrative procedures pertaining to administrative site plan and design review entitlements; modification to Chapter 26 pertaining to time extension for tentative maps; and modification to Chapter 33 to provide standards for curbside delivery for cannabis retail storefront businesses.

Location of Property: Citywide
Date of Hearing: October 14, 2025
Place of Hearing: City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 2:00 pm
Should you have any questions concerning this project, please contact Cecily Session-Goins, Associate Planner, at (909) 350-6723 or by email at [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 AT THE PLANNING DEPARTMENT, CITY HALL.

PLEASE CONTACT THE PLANNER LISTED ABOVE.
582

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: October 3, 2025
¼ Page
583
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0511 Agenda Date: 10/14/2025
Agenda #: B. Category: Public Hearing
FROM:

Finance
SUBJECT:

Quarterly Lien Action for Delinquent Sewer, Solid Waste and Weed Abatement Accounts RECOMMENDATION:

1. Authorize staff to complete and record lien against real property for those sewer accounts sixty days or more delinquent, solid waste accounts more than ninety days delinquent, and for properties with delinquent weed abatement charges outstanding as described in attached resolutions and written reports and to direct staff to file for the recording of liens for such properties.

2. Adopt Resolution No. 2025-100, of the City Council of the City of Fontana authorizing the collection of certain annual wastewater and solid waste service charges, including delinquent charges for each service, on the County property tax rolls and determining and record liens against current delinquent parcels.

3. Adopt Resolution No. 2025-101 of the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof. ..End
COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To practice sound fiscal management by developing long-term funding and debt management plans.
· To improve public safety by increasing operational efficiency, visibility, and availability.

DISCUSSION:

Public Hearings on proposed liens are scheduled quarterly to allow for timely collections and recording of indebtedness. The lien process protects revenues due to the City which would have otherwise been subject to loss through skipped accounts or property transfers.

The proposed written reports (one each for sewer, solid waste and weed abatement) are on file with the City Clerk. Each property owner has had notification provided as required by state law regarding the public hearing and intent to record the lien amount, as well as regular billing notification and legal advertisement as required by City Code. Further, with respect to Weed Abatement, all property owners had the opportunity to protest weed abatement citations through an administrative hearing City of Fontana Page 1 of 2 Printed on 10/9/2025
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File #: 25-0511 Agenda Date: 10/14/2025
Agenda #: B. Category: Public Hearing
process.

The lists recommended for adoption contain the following; Type of Account Number of Properties Current Lien Amount Receivables Protected to Date
Sewer 217 $66,805.65 $4,521,656.73
Solid Waste* 86 $35,509.94 $9,636,503.12
Weed Abatement 30 $10,831.10 $4,301,003.15
*Collections are payable to Burrtec Waste and should be made directly to them.

Numbers subject to change if payments are collected
An administrative fee will be included to offset the City's costs to record the lien, as well as the County fee associated with release of the lien to ensure that property titles are cleared once payment has been made. All properties with unpaid liens as of July 1st will be subject to having the remaining amounts placed on the property tax rolls for collection through separate City Council action.

FISCAL IMPACT:

The approval of this item will result in liens totaling approximately $113,146.69 being recorded with the San Bernardino County Recorder’s Office and other applicable County offices. These recorded liens will remain in effect until paid and, if still unpaid, will be included in the City’s next annual process to place delinquent charges on the County property tax roll for collection. This action will help prevent increases in customer charges due to uncollectible accounts. The Sewer lien list receivable amount has been included as revenue in the Sewer Operations Maintenance Fund for current and prior budget periods. Recording the solid waste liens strengthens Fontana solid waste’s ability to collect, thereby increasing the amount generated by the 12 % franchise fee remitted to the City MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 10/9/2025
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1 of 4
RESOLUTION NO. 2025-100

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, AUTHORIZING THE COLLECTION OF CERTAIN

ANNUAL WASTEWATER AND SOLID WASTE SERVICE CHARGES,

INCLUDING DELINQUENT CHARGES FOR EACH SERVICE, TO BE

COLLECTED ON THE SAN BERNARDINO COUNTY ANNUAL

PROPERTY TAX ROLL, DETERMINING THAT CURRENT

DELINQUENT CHARGES CONSTITUTE A LIEN UPON PROPERTY,

AND MAKING CERTAIN FINDINGS AND TAKING OTHER ACTIONS

RELATED THERETO
WHEREAS, the City of Fontana (the “City”) City Council (the “City Council”) has by prior resolutions established rates and charges for the provision of sewer and wastewater services (the “Wastewater Charges”) and solid waste collection services (the “Solid Waste Charges”) (collectively, the Wastewater Charges and Solid Waste Charges are the “Charges”); and
WHEREAS, pursuant to section 5473 et seq. of the Health and Safety Code, the City may collect the Charges, including delinquent Charges, on the San Bernardino County (the “County”) annual property tax roll in the same manner, at the same time as, together and not separately from, its general taxes; and WHEREAS, pursuant to section 5473 of the Health and Safety Code, the City Council desires to authorize the collection of the Charges for both the wastewater and solid waste services on the tax roll; and
WHEREAS, the City Council further desires to authorize the collection of any delinquent Charges for both the wastewater and solid waste services on the tax roll pursuant to Health and Safety Code, section 5473a, and further desires at this time to record a lien against parcels of property currently delinquent with said wastewater and solid waste service Charges and has caused to be prepared a written report for each Charge (each a “Written Report”), copies of which are attached hereto as Exhibit “A” and Exhibit “B” and by this reference incorporated herein, to be prepared and filed with the City Clerk containing the description of each real property parcel which has delinquent Charges outstanding and the amount of the Wastewater Charges and Solid Waste Charges thereon; and
WHEREAS, the City Clerk caused a notice of the filing of the Written Reports and of the time and place of the public hearing thereon to be published in a newspaper of general circulation all in accordance with section 5473.1 of the Health and Safety; and
WHEREAS, the City has also provided written notice to each parcel of property subject to the lien for delinquent Charges pursuant to section 5473.1; and 586
Resolution No. 2025-100
2 of 4
WHEREAS, at the time stated in the notice being the 14th day of October, 2025, at 2:00 p.m., the City Council conducted the public hearing on the Written Reports and heard and considered all objections or protests thereto, and has determined and hereby finds that protests have not been made by the owners of a majority of the separate parcels of real property described in the Written Reports for any delinquent Charges; and
WHEREAS, approval of this Resolution shall authorize the collection of Wastewater Charges and Solid Waste Charges, including any delinquent Wastewater Charges and Solid Waste Charges on the County property tax rolls each year and shall constitute a lien against the parcel or parcels of land in accordance with section 5473 et seq. of the Health and Safety Code; and
WHEREAS, approval of this Resolution shall also constitute a lien against the delinquent parcels of land included in the attached Written Reports in accordance with section 5473 et seq. of the Health and Safety Code.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California as follows:

Section 1. Recitals. The City Council hereby finds and determines that the above recitals are true and correct and are incorporated herein by this reference.

Section 2. Authorization. The City Council hereby authorizes the collection of the Wastewater Charges and Solid Waste Charges in the future on the County property tax roll, including any delinquent Wastewater Charges and Solid Waste Charges, to be imposed thereon, and this Resolution has been adopted by at least two-thirds of the members of the City Council.

Section 3. Written Report Approval. The Written Reports filed with the City Clerk contain the description of each real property parcel which is currently delinquent in the payment of the Wastewater Charges and Solid Waste Charges and the Written Reports are therefore approved and adopted.

Section 4. County Recorder’s Office. The City Clerk, or designee thereof, is hereby directed to file for record with the County Recorder’s Office a copy of the Written Reports, with a statement endorsed thereon over his or her signature that the Written Reports have been fully adopted by the City Council, together with a certified copy of this Resolution, and shall request that they be recorded as a lien against the parcels contained therein.

Section 5. County Tax Roll. The Wastewater Charges and Solid Waste Charges, including any delinquent Wastewater Charges and Solid Waste Charges, shall be forwarded to the County Tax Collector for collection on the County Property tax roll in the same manner, by the same person, at the same time, together with and not separate from the general taxes, against the property to which they relate, and shall constitute liens on the property in the amount of the Charges, including any delinquent Charges, to be added to the tax bill next levied against each property. 587
Resolution No. 2025-100
3 of 4
Section 6. Future Proceedings. The City Council shall comply with section 5473 et seq. and cause to be prepared the written report each year the Charges are to be enrolled on the property tax roll pursuant to section 5473 and 5473a of the Health and Safety Code, and the City Clerk shall cause a notice of public hearing pursuant to section 5473.1 of said code each year in compliance with the Health and Safety Code.

Section 7. CEQA. This action has been reviewed per the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the City's environmental regulations. The City, acting as the lead agency, determined that the resolution is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change to the environment as there is no possibility that the action would result in a significant environmental impact, and because it does not constitute a “project” as defined in Section 15378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.

Section 8. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

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

APPROVED AND ADOPTED this 14th day of October, 2025.

READ AND APPROVED AS TO LEGAL FORM:
____________________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting held on the 14th day of October, 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________________
City Clerk of the City of Fontana
588
Resolution No. 2025-100
4 of 4
________________________________________
Mayor of the City of Fontana
ATTEST:
________________________________________
City Clerk
589
A-1
EXHIBIT “A”
WRITTEN REPORT OF ASSESSOR’S PARCELS

DELINQUENT WASTEWATER SERVICE CHARGES
[Report Attached on Following Pages]
590
28314.00012\5876898.1 B-1
EXHIBIT “B”
WRITTEN REPORT OF ASSESSOR’S PARCELS

DELINQUENT SOLID WASTE SERVICE CHARGES
[Report Attached on Following Pages]
591
Resolution No. ___
28314.00012\5876898.1
110064104 7353 Siena Nyong 80.04
019211257 17494 Seville Munoz, Jorge 80.04
023658143 11742 Rustic Landeros, David A 160.08
023639162 11848 Rancherias Kilfoil, Cathy 80.04
019218210 17165 Arrow Sorour, Sam 182.74
019127416 16889 Arrow Mueller, David 365.46
025123102 9813 Oleander Austin, Mary 160.08
019130229 16806 Merrill Andrade, Cristian 182.74
019231101 17509 Foothill Melia Holdings LLC 844.14
019311134 16629 Merrill Cardenas, Junior 365.46
023708112 15305 Manila Ohana-ohai Llc 487.34
110726147 15218 Summit G & I XI FALCON RIDGE LP 124.59
019104131 16178 Arrow Lang, Thomas 91.37
019213312 17602 Arrow Guzman, Tina 365.46
023713119 15101 Santa Ana Columbia Ca Santa Ana Ind Llc 531.64 023618122 11060 Cherry 1905 Dennison St LLC 365.46
019217106 8867 Sierra A & S Prof Real Estate Llc 182.74 023507210 15170 Valley Prime Point Property Corp 91.37
023507212 15252 Valley Prime Point Property Corp 274.10 023605230 14540 Slover Trotter, Ronald 182.74
025125157 16491 Valley Tsehridis, Stavros 365.46
111922145 16927 Sierra Lakes SJ CAPITAL LLC 4,860.70
023718112 15750 Jurupa Dct Property Management Llc 730.92 111808370 5601 Montelena Gabion Ranch Master Association 540.08 023704319 15551 Boyle First Industrial LP 121.84
111922167 6233 Sierra Jet Speed Express LLC 1,080.15
023514106 15762 Valley Valley Boulevard Fontana Holding Group 182.74 025120309 16726 Slover March Bachli 243.68
024623113 18083 Foothill Thrifty Oil #191 776.21
025114128 16288 Boyle CIVF VI-CA 1W02 LLC 1,023.52
022826255 14921 Gallery Highland Park of Fontana Community Assoc 639.56 023608149 13930 Santa Ana Duke Realty Calabash LP 3,098.11 023420113 10268 Almond CAL EAST NAT LLC 157.02
023806311 13479 Valley Campbell Hawaii Investor Llc 822.42 023806311 13479 Valley Campbell Hawaii Investor Llc 548.29 Total APN 217 Total Past Due 66,805.65
592
Resolution No. ___
28314.00012\5876898.1
EXHIBIT “B”
WRITTEN REPORT OF ASSESSOR’S PARCELS

DELINQUENT SOLID WASTE SERVICE CHARGES
Parcel Num Property Address Past Due Admin Fee Total Amount 0190161100000 8015 Juniper Ave

234.98

30.30 265.28
0190241020000 17154 Foothill Blvd

233.28

30.30 263.58
0190321330000 17696 Foothill Blvd

466.56

30.30 496.86
0191011140000 16205 Foothill Blvd

443.40

30.30 473.70
0191011170000 16235 Foothill Blvd

147.80

30.30 178.10
0191274250000 8558 Sierra Ave

317.76

30.30 348.06
0191302290000 16806 Merrill Ave

139.02

30.30 169.32
0192011050000 8185 Sierra Ave

94.88 30.30 125.18
0192011060000 8171 Sierra Ave

780.18

30.30 810.48
0192133120000 17606 Arrow Blvd

544.68

30.30 574.98
0192151040000 8665 Sierra Ave

139.02

30.30 169.32
0192171030000 8891 Sierra Ave

683.70

30.30 714.00
0192221380000 17487 Arrow Blvd

1,250.79

30.30 1,281.09
0193092200000 8961 Cypress Ave

248.79

30.30 279.09
0193101150000 9284 Pepper Ave

95.30 30.30 125.60
0193201180000 16541 Randall Ave

72.30 30.30 102.60
0194032340000 9255 Sierra Ave

529.24

30.30 559.54
0194091010000 9399 Sierra Ave

42.69 30.30 72.99
0194101060000 9433 Sierra Ave

443.40

30.30 473.70
0194431420000 9098 Alder Ave

108.45

30.30 138.75
0226074220000 4717 Roadrunner Rd 138.75
593
Resolution No. ___
28314.00012\5876898.1
108.45 30.30
0226754230000 15770 Caterpillar Dr

216.90

30.30 247.20
0226754430000 15808 Caterpillar Dr

133.74

30.30 164.04
0226763050000 15964 Sparrow Ct

232.06

30.30 262.36
0226763200000 15932 Sparrow Ct

100.90

30.30 131.20
0226763210000 15930 Sparrow Ct

108.45

30.30 138.75
0228194050000 6967 Mallow Dr

132.94

30.30 163.24
0228194080000 6967 Mallow Dr

167.84

30.30 198.14
0228194100000 6985 Mallow Dr

199.41

30.30 229.71
0228263530000 6589 Grotto Ln

108.45

30.30 138.75
0232191150000 16045 Dorsey Ave

314.72

30.30 345.02
0235131160000 15662 Valley Blvd

624.59

30.30 654.89
0235141060000 15762 Valley Blvd

564.84

30.30 595.14
0235152090000 15944 Valley Blvd

544.68

30.30 574.98
0236052450000 10466 Redwood Ave

699.84

30.30 730.14
0236061050000 14838 Boyle Ave

544.68

30.30 574.98
0236122030000 14643 Aliso Dr

386.20

30.30 416.50
0236122220000 10691 Cherry Ave

89.79 30.30 120.09
0237043190000 15551 Boyle Ave

627.98

30.30 658.28
0237061390000 15033 Slover Ave

233.28

30.30 263.58
0237201250000 11617 Cherry Ave

465.70

30.30 496.00
0238091610000 10509 Business Dr

233.28

30.30 263.58
0238111450000 11016 Mulberry Ave

1,308.09

30.30 1,338.39
0238171390000 13205 Marlay Ave

363.12

30.30 393.42
0240161080000 7093 Mango Ave

166.56

30.30 196.86
0243101200000 17792 Foothill Blvd

118.78

30.30 149.08
594
Resolution No. ___
28314.00012\5876898.1
0246121010000 17715 Arrow Blvd

686.05

30.30 716.35
0246163130000 18013 Arrow Blvd

233.97

30.30 264.27
0251111260000 17270 Valley Blvd

77.99 30.30 108.29
0251111330000 10022 Palmetto Ave

838.86

30.30 869.16
0251121080000 16277 Valley Blvd

69.68 30.30 99.98
0251251570000 16491 Valley Blvd

323.70

30.30 354.00
0255021330000 16477 Slover Ave

620.73

30.30 651.03
0255071550000 11281 Citrus Ave

676.51

30.30 706.81
0255271070000 10557 Juniper Ave

699.84

30.30 730.14
0255271080000 10557 Juniper Ave

1,132.85

30.30 1,163.15
0256131110000 11520 Armstrong Rd

233.28

30.30 263.58
1100121540000 8030 Cherry Ave

766.47

30.30 796.77
1100771080000 7391 East Ave

299.99

30.30 330.29
1107262530000 15800 S Park Ln

482.37

30.30 512.67
1107551100000 16043 Jaegar Ln

151.06

30.30 181.36
1110071580000 7540 Periwinkle Dr

104.37

30.30 134.67
1118413140000 16714 Camphor St

108.45

30.30 138.75
1118413160000 16702 Camphor St

108.45

30.30 138.75
1118435010000 16782 Fern Pine St

75.35 30.30 105.65
1118442530000 16583 Quince Ln

108.45

30.30 138.75
1118444200000 16603 Marjoram Way

108.45

30.30 138.75
1118444450000 16628 Quince Ln

108.45

30.30 138.75
1118462430000 16771 Tangerine Way

108.45

30.30 138.75
1119221590000 6183 Sierra Ave

1,347.39

30.30 1,377.69
Total APN 70 27,403.65
Updated as of October 7th 2025-Customers have paid since the notice of potential lien 595
Resolution No. ___
28314.00012\5876898.1
596
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RESOLUTION NO. 2025-101

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, ADOPTING A STATEMENT OF UNPAID EXPENSES FOR

WEED ABATEMENT AND IMPOSING A LIEN AGAINST PROPERTY

FOR PAYMENT
WHEREAS, the City of Fontana (“City”) has conducted its weed abatement program pursuant to the Fontana City Code, Chapter 28 et. seq. and California Government Code Section 39501 et seq.; and
WHEREAS, California Government Code Section 39501 et seq. specifically authorizes the legislative body of a city to require the removal of weeds, rubbish, and other refuse from private property, and to recover the costs of abatement by imposing a special assessment against the property on the County of San Bernardino (“County”) annual property tax rolls and recording a lien against the property; and WHEREAS, the City has conducted such weed abatement for certain property in the City, certain properties remain delinquent in the payment of the weed abatement costs and now the City Council desires to record a lien against such properties pursuant to Government Code Section 39560 et seq.; and
WHEREAS, the City Clerk has caused to be prepared a report containing the properties and the amount of the delinquent weed abatement costs (“Written Report”), which is on file with the City Clerk, attached hereto as Exhibit “A” and incorporated herein by this reference; and
WHEREAS, the City Clerk has previously caused notice to be provided to each property owner pursuant to Section 39560 et seq., and the City has posted a copy of the Written Report pursuant to Section 39575; and
WHEREAS, at the time stated in the notice being the 14th day of October, 2025, at 2:00 p.m., the City Council discussed and considered all objections to the expenses and other costs of abatement which have remained unpaid to date, as specified in the Written Report; and
WHEREAS, the City Council now desires to confirm and approve the Written Report and record a lien against such delinquent properties.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows:

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

Section 2. Written Report Approval. The Written Report filed with the City Clerk contains the description of each real property parcel which is currently delinquent in the 597
Resolution No. 2025-101
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payment of the weed abatement costs and the amount of such costs, and the Written Report is hereby approved and adopted.

Section 3. County Recorder’s Office. The City Clerk, or designee thereof, is hereby directed to file for recording with the County Recorder’s Office a copy of the Written Report, with a statement endorsed thereon over his or her signature that the Written Report has been fully adopted by the City Council, together with a certified copy of this Resolution, and shall request that there be recorded a lien against the parcels contained therein.

Section 4. County Tax Roll. The delinquent weed abatement costs, shall be forwarded to the County Tax Collector for collection on the County property tax roll in the same manner, by the same person, at the same time, together with and not separate from the general taxes, against the property to which they relate, and shall constitute liens on the property in the amount of the delinquent charges, to be added to the property tax bill next levied against each property.

Section 5. Certification. The City Clerk shall certify to the adoption of this Resolution.

Section 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Resolution is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of records is the City Clerk.

Section 7. 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, and to this end the provisions of this Resolution are severable. The City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

Section 8. Effective Date. This Resolution shall become effective immediately.

APPROVED AND ADOPTED this 14th day of October, 2025.
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Resolution No. 2025-101
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READ AND APPROVED AS TO LEGAL FORM:
____________________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting held on the 14th day of October, 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________________
City Clerk of the City of Fontana
________________________________________
Mayor of the City of Fontana
ATTEST:
_____________________________________
City Clerk
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EXHIBIT “A”
WRITTEN REPORT OF ASSESSOR’S PARCELS

DELINQUENT WEED ABATEMENT CHARGES
[Report Attached on Following Pages]
600
EXHIBIT “A”
WRITTEN REPORT OF ASSESSOR’S PARCELS

DELINQUENT WEED ABATEMENT CHARGES
APN Name Property Address Due Amt
023909512 LCD Sierra Crest LLC SIERRA AVE

93.00 023609136
SNL IOV 10631 Banana Owner
LLC 10631 BANANA AVE

100.45
024324141 DIAR LLC 18289 MONTGOMERY AVE

93.00 025116420 Duke Realty Limited Partnership 16374 SLOVER AVE

81.90 025116423 Duke Realty Limited Partnership FALL 2023 ABATEMENT SEASON

266.00
025116404 Duke Realty Limited Partnership FALL 2023 ABATEMENT SEASON

266.00
025116403 Duke Realty Alder LP 16409 BOYLE AVE

266.00
025116410 Duke Realty Limited Partnership 16395 BOYLE AVE

266.00
025116414 Duke Realty Limited Partnership 10447 OLEANDER AVE

266.00
025116412 Duke Realty Limited Partnership 10475 OLEANDER AVE

266.00
025116416 Duke Realty Limited Partnership 16321 BOYLE AVE

266.00
025116415 Duke Realty Limited Partnership 16345 BOYLE AVE

266.00
025116302 Duke Realty Limited Partnership 16310 BOYLE AVE

266.00
025116303 Duke Realty Limited Partnership 10375 OLEANDER AVE

266.00
025116411 Duke Realty Limited Partnership 16357 BOYLE AVE A

266.00
025116304 Duke Realty Limited Partnership 10367 OLEANDER AVE

266.00
025116305 Duke Realty Limited Partnership FALL 2023 ABATEMENT SEASON

266.00
025116306 Duke Realty Limited Partnership 16346 BOYLE AVE

266.00
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Resolution No.
025116307 Duke Realty Limited Partnership 16368 BOYLE AVE

266.00
025116308 Duke Realty Limited Partnership 16396 BOYLE AVE

266.00
025116309 Duke Realty Limited Partnership 16434 BOYLE AVE

266.00
025116310 Duke Realty Limited Partnership 16464 BOYLE AVE

266.00
025116313 Duke Realty Limited Partnership 16484 BOYLE AVE

266.00
025116301 Duke Realty Limited Partnership 16326 BOYLE AVE

266.00
025116425 Duke Realty Limited Partnership 16470 SLOVER AVE

266.00
024622129 Liborio, Carlos Leyva 17716 SEVILLE AVE

266.00
024014121 Arambula, Arnulfo 16928 BASELINE AVE

266.00
023314109 Minnie Youngblood 16015 ATHOL ST

1,302.60
023712207 Duke Realty Limited Partnership 14970 JURUPA AVE

1,943.20
019312104 New Legacy Development Corp 9130 JUNIPER AVE A

1,099.20
Total APN 30 Total Amount

10,831.35
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0556 Agenda Date: 10/14/2025
Agenda #: C. Category: Public Hearing
FROM:

Building & Safety
SUBJECT:

First reading and set public hearing for Adoption of the 2025 Edition of the California Building Standards Code and Corresponding Base Model Codes.

RECOMMENDATION:

1. Determine that the adoption of the ordinance of the City of Fontana adding, amending and deleting certain articles, sections and subsections of Chapter 5 of the Code of the City of Fontana, California pertaining to the construction and maintenance of buildings, and adopting the 2025 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, consisting of the California Building Code, Volumes 1 & 2, based on the 2024 International Building Code; the California Plumbing Code, based on the 2024 Uniform Plumbing Code; the California Electrical Code, based on the 2023 National Electrical Code; the California Mechanical Code, based on the 2024 Uniform Mechanical Code; the California Wildland-Urban Interface Code based on the 2024 International Wildland-Urban Interface Code; the California Existing Building Code, based on the 2024 International Existing Building Code; the California Green Building Standards Code; the California Residential Code, based on the 2024 International Residential Code; and the 2024 Edition of the International Property Maintenance Code is exempt from further environmental review under Section 15061(b)(3) of the State CEQA guidelines, projects with no possibility of significant effects upon the environment, and direct staff to file a notice of exemption.

2. Waive further reading of and introduce Ordinance No. 1975, an ordinance of the City of Fontana adding, amending and deleting certain articles, sections and subsections of Chapter 5 of the Code of the City of Fontana, California pertaining to the construction and maintenance of buildings, and the 2025 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, consisting of the California Building Code, Volumes 1 & 2, based on the 2024 International Building Code; the California Plumbing Code, based on the 2024 Uniform Plumbing Code; the California Electrical Code, based on the 2023 National Electrical Code; the California Mechanical Code, based on the 2024 Uniform Mechanical Code; the California Wildland-Urban Interface Code based on the 2024 International Wildland-Urban Interface Code; the California Existing Building Code, based on the 2024 International Existing Building Code; the California Green Building Standards Code; the California Residential Code, based on the 2025 International Residential Code; and the 2025 Edition of the International Property Maintenance Code; and that the reading of the title constitute the first reading thereof.

COUNCIL GOALS:
· To improve public safety by incorporating current technologies in the construction and City of Fontana Page 1 of 2 Printed on 10/7/2025
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File #: 25-0556 Agenda Date: 10/14/2025
Agenda #: C. Category: Public Hearing
· To improve public safety by incorporating current technologies in the construction and maintenance of buildings, housing and fire prevention into the City’s building codes. promote economic development by being business friendly through the reduction of local amendments to the adopted codes.

DISCUSSION:

The California Health and Safety Code requires the City to update its codes, laws, and ordinances regulating building construction to keep up with the latest edition of the California Building Standards Code, known as the California Code of Regulations, Title-24. The 2025 California Building Standards Code - based on the 2024 editions of the model codes - was adopted by the California Building Standards Code with an effective date of January 1, 2026. The proposed Ordinance will adopt the 2025 Edition of the California Building Standards Code, which consists of the California Building Code, California Plumbing Code, California Electrical Code, California Mechanical Code, California Existing Building Code, California Green Building Standards Code, and California Residential Code.

The adoption of these codes will bring the City into compliance with State law, and incorporate current technologies in the construction and maintenance of buildings, housing and fire prevention into the City’s building codes.

There are no new or increased fees being proposed with this ordinance.

The proposed Ordinance is substantially the same Ordinance as the Ordinance that adopted the previous editions of the California Building Standards Code except for the adoption of the California Wildland-Urban Interface Code.

The City Attorney has reviewed the proposed Ordinance and comments from the City Attorney have been received and incorporated into the proposed Ordinance. Copies of the Codes that are being considered for adoption are filed in the Clerk’s Office of the City and are open to public inspection as required by Government Code Section 50022.6.

The required Notice of Hearing has been prepared pursuant to Government Code Section 50022.3.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

ATTACHMENTS:

1. Proposed Ordinance

2. Hearing Notice
City of Fontana Page 2 of 2 Printed on 10/7/2025
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ORDINANCE NO. 1975

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

FONTANA, CALIFORNIA REVISING, PURSUANT TO AN

EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, CERTAIN PROVISIONS OF CHAPTER 5 OF THE

FONTANA MUNICIPAL CODE RELATING TO THE

CONSTRUCTION AND MAINTENANCE OF BUILDINGS, AND
ADOPTING BY REFERENCE THE 2025 EDITION OF THE

CALIFORNIA BUILDING STANDARDS CODE, KNOWN AS THE
CALIFORNIA CODE OF REGULATIONS, TITLE 24, CONSISTING
OF THE CALIFORNIA BUILDING CODE, VOLUMES 1 & 2, BASED
ON THE 2024 INTERNATIONAL BUILDING CODE; THE
CALIFORNIA PLUMBING CODE, BASED ON THE 2024 UNIFORM
PLUMBING CODE; THE CALIFORNIA ELECTRICAL CODE,
BASED ON THE 2023 NATIONAL ELECTRICAL CODE; THE
CALIFORNIA MECHANICAL CODE, BASED ON THE 2024
UNIFORM MECHANICAL CODE; THE CALIFORNIA EXISTING
BUILDING CODE, BASED ON THE 2024 INTERNATIONAL
EXISTING BUILDING CODE; THE CALIFORNIA GREEN
BUILDING STANDARDS CODE; THE CALIFORNIA
RESIDENTIAL CODE, BASED ON THE 2024 INTERNATIONAL
RESIDENTIAL CODE; THE CALIFORNIA WILDLAND-URBAN
INTERFACE CODE BASED ON THE 2024 INTERNATIONAL
WILDLAND-URBAN INTERFACE CODE AND THE 2024 EDITION

OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE
WHEREAS, the City of Fontana, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, in December 2024 and February 2025, the State Building Standards Commission reviewed and approved the 2025 edition of the California Building Standards Code (Title 24 of the California Code of Regulations); and WHEREAS, Health and Safety Code Sections 18938 and 17958 make the California Building Standards Code (“Code”) applicable to all cities and counties throughout California, including the City of Fontana, 180 days after publication by the State Building Standards Commission or upon a later date established by the Building Standards Commission, which here is January 1, 2026, and WHEREAS, Health and Safety Code Section 18941.5 provides that a City may establish more restrictive building standards if they are reasonably necessary due to local climatic, geological, or topographical conditions; and 605
WHEREAS, Health and Safety Code Section 17958.5 permits cities to make modifications to the requirements contained in the California Building Standards Code if such modifications are found to be reasonably necessary because of local climatic, geographic, or topographic conditions, and WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council, before making modifications to such requirements, make an express finding that such modifications are reasonably necessary because of local climatic, geographic, or topographic conditions; and
WHEREAS, the City Council of the City of Fontana (“City Council”) hereby finds that it is reasonably necessary to amend certain portions of the 2025 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, to meet the particular climatic, geological, and topographical conditions existing in the City; and
WHEREAS, the City Council further finds that some changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Code, or are reasonably necessary to safeguard life and property within the City; and
WHEREAS, on, the City Council conducted a duly noticed public hearing to consider and review the California Building Standards Codes and local amendments, at which time hearing testimony and evidence was presented to and considered by the City Council.

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

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

Section 2. The City Council of the City of Fontana (“City") is informed and finds that it is reasonably necessary to amend certain portions of the 2025 Edition of The California Building Standards Code, known as the California Code of Regulations, Title 24, to meet the particular climatic, geological, and topographical conditions existing in the City. The City Council further finds that some changes and modifications are of an administrative or procedural nature or concern themselves with subjects not covered by the Code or are reasonably necessary to safeguard life and property within the City. The City Council hereby adopts the following (climatic, geological, and topographical, where applicable) findings to support the proposed amendments to the 2025 California Building Standards Code made herein in this Ordinance:
(a) The City is subject to relatively low amounts of precipitation, very low 606
humidity levels, and extremely high temperatures. These climatic conditions are conducive to the spread of fire. For example, during July, August, and September, temperatures often exceed 100 degrees Fahrenheit. During the same months, humidity is usually less than 40%, and humidity measurements less than 10% are not uncommon. These conditions contribute to an increased likelihood of fire. Moreover, minor fires have a greater tendency of spreading rapidly due to such conditions. (Finding applicable to Amendments to California Building Code Sections903.2 and 1505.5; and California Residential Code Section R309.)
(b) The City is subject to extremely strong winds, commonly referred to as "Santa Ana Winds," which reach speeds in excess of 90 miles per hour. Extensive damage often occurs during such winds, including fallen trees; blown sand and debris; downed utility poles, utility circuits, and utility service lines; and structural damage to buildings.

These adverse conditions can cause: (1) fires; (2) impairment of emergency apparatus access; (3) delays in response times of emergency apparatus; and (4) the depletion of apparatus readily available for fire suppression activities. These windstorms commonly last from three to seven days.
(Finding applicable to Amendments to California Building Code Sections 502.1, 903.2, 1609.3, 1609.4.3, Table 1504.8, Table 1507.2.7.1(1), Table 1507.2.7.1(2) and I105.2; and California Electric Code Section 225.1; and California Residential Code Sections R301.2.1.4, R30.81, R309, Table R301.2, and BF105.2.)
(c) The City's neighboring foothills create a unique fire hazard. This is because fire service is provided to the City by the San Bernardino County Fire Department and fire units from the City are often sent to assist in the extinguishment of fast moving, wind-assisted fires in the neighboring foothills which destroy or damage many structures, and as such, these units are then unavailable for fire suppression in the City.
(Finding applicable to Amendments to California Building Code Sections 502.1, 903.2, and 1505.5; and California Residential Code Sections R308.1 and R309)
(d) Development has occurred in the City and continues to occur in the City and such development has resulted in severe traffic congestion during peak business hours, weekends, and holidays, thus 607
decreasing response time, particularly on the following streets and highways: Sierra Avenue, Valley Boulevard, Cherry Avenue, Foothill Boulevard, Base Line Road, Highland Avenue, Citrus Avenue, Slover Avenue, Jurupa Avenue, Arrow Route, San Bernardino Avenue, the I-15 Freeway and the I-10 Freeway. Such traffic and circulation congestion is an artificially created, obstructive topographical condition creating a situation which places fire department response time to fire occurrences at risk, and makes it necessary to provide automatic on- site fire-extinguishing systems and other protection measures to protect occupants and property from fire hazards. Automatic fire protection systems are the single greatest means of reducing the severity of structural fires; fire loss in un-sprinklered buildings is four times greater than fire loss in sprinklered buildings. Numerous fires have occurred within the City in residential structures (houses, apartments, hotels, and motels) over the past several years that have automatic fire protection systems, and in all of these fires, the automatic fire protection systems have successfully controlled and/or suppressed the fire before the emergency response personnel have been able to arrive at the structure.
(Finding applicable to Amendments to California Building Code Sections 502.1 and 903.2; and California Residential Code Sections R308.1 and R309.)
(e) An extreme and unusual fire hazard exists in the hillsides and other areas of the City south of Jurupa Avenue and north of the I-15 Freeway due to the presence of highly flammable vegetation, the region's dry climate, and frequent hot, dry Santa Ana winds.
(Finding applicable to Amendments to California Building Code Sections 903.2 and 1505.5; and California Residential Code Section R309.)
(f) The City is located in Southern California, in an extremely active seismic region, with high levels of historic earthquake shaking in the recent past (earthquakes measuring larger than a magnitude 5 on the Richter Scale) and can be expected to experience significant strong ground shaking within
the foreseeable future; and
The seismotectonic setting of the City is dominated by the Sierra Madre-Cucamonga fault, which traverses the Northern portion of the City, and the City's close proximity to the San Andreas fault--7 miles 608
to the East, San Jacinto fault--3 miles to the East and WhittierElsinore Fault--19 miles to the Southwest; and In the event of a severe earthquake, these faults present the potential for catastrophic damage, including fire, damage to roadways and other impairments of emergency apparatus. (This information is according to maps used by Cal Tech, Pasadena and provided by the U.S. Geological Survey). Existing and planned developments are at risk from structural damage from earthquake faults. Improved standards are necessary to ensure that maximum safety is provided to persons and property.
(Finding applicable to Amendments to California Building Code Sections 502.1; and California Electric Code Section 225.1; and California Residential Code Sections R308.1 and Table R301.2.)
(g) Aluminum expands and shrinks at a much greater rate than other metals. This property becomes critical for smaller wires of aluminum conductors, which may break down at a termination point in a seismic event, causing a fire. As discussed above, the City is located in an extreme active seismic region.
(Finding applicable to Amendment to California Electric Code Section 110.5.)
(h) Additional amendments and deletions to the California Building Standards Code, known as the California Code of Regulations, Title 24; the International Building Code; and the International Residential Code; are administrative or procedural in nature and reasonable and necessary to safeguard life and property within the City. (Finding applicable to Amendments to the California Building Code Sections 1.8.8, 202, 502.1, 3109.2, J103.2, and J104.1; and California Residential Code Sections 1.8.8, R306.1, Table R301.2, and Appendix CI(1).)
(i) The topography of the City is mostly rocky with large boulders and stones below grade in much of the northern part of the City, which is rapidly being developed; and
Given the topography of the City, it is impractical and unreasonable to remove all rocks 12 inches or more in diameter from certain development areas or place these rocks at more than 10 feet below grade; and
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Geotechnical, civil, and/or soil engineers have opined that due to the rocky topography of the City, the use of rocks with a maximum dimension larger than 12 inches and up to 24 inches as fill material at three feet or more below grade and rocks with a maximum dimension greater than 24 inches as fill material at ten feet or more below grade is safe and prudent.
(Finding applicable to Amendment to California Building Code Section J107.4.)
Section 3. Article III of Chapter 5 of the Municipal Code of the City of Fontana is hereby amended by rewriting the article in its entirety to read as follows:
“Article III. California Building Code
Sec. 5-61. Adoption; copy on file.

The 2025 Edition of the California Building Code, known as the California Code of Regulations, Title 24, Part 2, Volumes 1 & 2, based on the 2024 Edition of the International Building Code, published by the International Code Council, including Chapter 1 and Appendices B, C, I, and J, are hereby adopted as the Building Code of the City and reference is hereby made to the copy now on file in the Clerk's Office of the City.

Sec. 5-62. Changes and Amendments.
(a) Section 105.2 Building Exemption 2 of the California Building Code, known asthe California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended to read as follows:

2. Solid fences not over 3-1/2 feet high and open fences with an open surface area of not less than 90 percent (90%) not over 4 feet high.
(b) Section 105.2 Building Exemption 4 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended to read as follows:

4. Retaining walls which are not over 3 feet in height
measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable or combustible liquids.
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(c) Section 202 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by rewriting the definition for Swimming Pools to read as follows:

Swimming Pools. Any body of water or any structure that contains water over 18 inches (457 mm) deep. This includes without limitation all portable, moveable, collapsible, storable, and permanent in-ground, above-ground and on-ground
swimming pools, garden ponds, spas, hot tubs, wading pools, and fountains.
(d) Section 502.1 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by rewriting the section in its entirety to read as follows:

Sec. 502.1 Address identification. New and existing
buildings, apartment units, condominium units, suites, tenant spaces, and similar other units or spaces shall be provided with approved address numbers or letters per Section 5-239 of the Fontana Municipal Code.
(e) Section 903.2 of the California Building Code. Known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by adding thereto a paragraph after the first paragraph of the section to read as follows:

Notwithstanding the requirements of Sec. 903.2, an
automatic fire-sprinkler system, approved by the Fire Prevention Division of the Fontana Fire Protection District, shall be installed, and maintained in new construction per the
requirements of Article II of Chapter 11 of the Code of the City. (f) Section 1505.5 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by rewriting the section in its entirety to read as follows:

Sec. 1505.5 Non-classified roofing. Non-classified roofing is material that is not listed as a Class A, B, or C roof covering.

Non-classified roofing is not approved for use within the City. (g) Section 1609.3 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International 611
Building Code, is hereby amended by adding thereto a paragraph and table to the end of the section to read as follows:

Portions of the City are located within a special wind region. The basic design wind speed V in these special wind region areas shall be:

Risk Category Basic Design Wind Speed, V
116 mph

III & IV
129 mph
135 mph
(h) Section 1609.4.3 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by adding thereto a paragraph to the end of the section to read as follows:

Exposure C, as a minimum, shall apply in all cases
unless the architect or engineer in general responsible charge can justify to the building official that the building site and surrounding terrain conform to the criteria for Exposure B. (i) Section 115922(a) of Section 3109.2 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code is hereby amended by rewriting the section in its entirety to read as follows:
(a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool and/or spa or the remodeling of an existing pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with at least two drowning prevention safety features, one of which shall be an enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home. Any walls of the residential structure or accessory structures used to complete the isolation enclosure must have door openings equipped with protection as required in 115922 (a)(4) or (5). Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature
requirement. In addition to the foregoing, the respective swimming pool or spa shall be equipped with at least one of the 612
following four drowning prevention safety features:
(1) Removable mesh fencing that meets American Society
for Testing and Materials (ASTM) Specifications F2286
standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable
device.
(2) An approved safety pool cover, as defined in Section 115922(a)(3).
(3) An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be
independently certified to the ASTM Standard F2208
“Standard Safety Specification for Residential Pool
Alarms,” which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection
alarm feature designed for individual use, including an alarm attached to a child that sounds when the child
exceeds a certain distance or becomes submerged in
water, is not a qualifying drowning prevention safety
feature.
(4) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been
independently verified by an approved testing laboratory as meeting standards for those features established by
the ASTM or the American Society of Mechanical
Engineers (ASME).
(j) Section 115923 of Section 3109.2 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code is hereby amended by adding the wording to the enclosure characteristics:

Where the barrier is composed of horizontal and vertical members and the distance between the top of the horizontal member is less than 45 inches the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall be not greater than 1 3/4 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1 ¾ inches in width.
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(k) Section I105.2 of Appendix I of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by rewriting the section in its entirety to read as follows:

Sec. I105.2 Footings. A patio cover may be supported on a concrete slab on grade without footings, provided all of the following conditions are met:

1. The supporting slab is not less than 3 1/2 inches thick; and

2. The supporting columns do not support live and dead
loads in excess of 750 pounds per column; and

3. The patio cover is constructed solely out of
aluminum and/or other similar light weight material, and has a current valid International Code Council Evaluation Report (or equal) clearly stating that: (a), a slab 3 1/2 inches thick is structurally adequate; (b), footings are not required; and (c), how the patio cover is to be anchored/held-down to resist uplift forces based on a minimum nominal design wind speed of 100 miles per hour.
(l) Section J103.2, Exemption 1 of Appendix J of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by rewriting in its entirety to read as follows:

1. When approved by the building official, grading in
an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties.
(m) Section J103.2, of Appendix J of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by adding the following 2 exemptions:

8. An excavation that does not exceed 50 cubic yards (38.3 m*) on any one lot and does not obstruct a drainage course that is:
a. less than 2 feet (610 mm) in depth; or
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b. does not create a cut slope greater than 5 feet (1524 mm) in height and steeper than 1 unit vertical in 1 1/2 units horizontal (66.7% slope).

9. Afill that does not exceed 50 cubic yards (38.3 md) on any one lot and does not obstruct a drainage course that is:
a. less than 1 foot (305 mm) in depth and placed on
natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope); or
b. less than 3 feet (914 mm) in depth, not intended to
support structures.
(n) Section J104.1, ofAppendix J of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by adding thereto a paragraph to the end of the section to read as follows:

All grading plans shall be prepared by a state licensed or registered design professional. Grading in excess of 5,000 cubic yards (3825 md) shall be prepared by a state registered civil engineer.
(o) Section J107.4 of Appendix J of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by adding thereto the following Exception:

Exception: The building official may permit placement of larger rock when the soils engineer properly devises a method of placement, and continuously inspects its placement and approves the fill stability. The following conditions shall also apply:

1. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan.

2. Rock sizes greater than 12 inches (305 mm) and up to 24 inches (610 mm) in maximum dimension shall be
three feet (914 mm) or more below grade, measured
vertically. Rock sizes greater than 24
inches (610 mm) in maximum dimension shall be 10 feet
(3048 mm) or
more below grade, measured vertically.

3. Rocks shall be placed so as to assure filling of all voids 615
with well-graded soils.”
Section 4. Article IV of Chapter 5 of the Code of the City is hereby amended by rewriting the article in its entirety to read as follows:
“Article IV. California Plumbing Code
Sec. 5-86. Adoption; copy on file.

The 2025 Edition of the California Plumbing Code, known as the California Code of Regulations, Title 24, Part 5, based on the 2024 Edition of the Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials, including Appendices A, B, D, H, I, and K, are hereby adopted as the Plumbing Code of the City and reference is hereby made to the copy now on file in the Clerk's office of the City.

Sec. 5-87. Changes and Amendments.

The 2025 Edition of the California Plumbing Code is hereby adopted with no amendments.”
Section 5. Article V of Chapter 5 of the Code of the City is hereby amended by rewriting the article in its entirety to read as follows:
“Article V. California Electrical Code
Sec. 5-111. Adoption; copy on file.

The 2025 Edition of the California Electrical Code, known as the California Code of regulations, Title 24, Part 3, based on the 2023 Edition of the National Electrical Code, published by the National Fire Protection Association is hereby adopted as the Electrical Code of the City and reference is hereby made to the copy now on file in the Clerk’s office of the City.

Sec. 5-112. Changes and Amendments.
(a) Section 110.5 of the California Electrical Code, known as the California Code of regulations, Title 24, Part 3 and the National Electrical Code is hereby amended by adding thereto the following:

Aluminum conductors of No. 6 or smaller shall require
continuous inspection by an approved independent testing agency for proper torquing of connections at their termination 616
point.
(b) Section 225.1 of the California Electrical Code, known as the California Code of regulations, Title 24, Part 3 and the National Electrical Code is hereby amended by adding thereto the following:

All new outside wiring on private property shall be underground.

EXCEPTION No. 1: Temporary wiring installed per Article 590.

EXCEPTION No. 2: Services as defined by Article 100
and installed per Article 230, subject to approval by the Administrative Authority.

EXCEPTION No. 3: Wiring in approved conduit and
raceways directly attached to a building.”
Section 6. Article VI of Chapter 5 of the Code of the City is hereby amended by rewriting the article in its entirety to read as follows:
“Article VI. California Mechanical Code
Sec. 5-136. Adoption; copy on file.

The 2025 Edition of the California Mechanical Code, known as the California Code of Regulations, Title 24, Part 4, based on the 2024 Edition of the Uniform Mechanical Code, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted as the Mechanical Code of the City and reference is hereby made to the copy now on file in the Clerk's office of the City.

Sec. 5-137. Changes and Amendments.

The 2025 Edition of the California Mechanical Code is hereby adopted with no amendments.”
Section 7. Article VIII of Chapter 5 of the Code of the City is hereby amended by rewriting the article in its entirety to read as follows:
“Article VIII. California Existing Building Code
Sec. 5-186. Adoption; copy on file.

The 2025 Edition of the California Existing Building Code, known as the 617
California Code of Regulations, Title 24, Part 10, based on the 2024 Edition of the International Existing Building Code, published by the International Code Council, is hereby adopted as the Existing Building Code for the City and reference is hereby made to the copy now on file in the Clerk's office of the City.

Sec. 5-187. Changes and Amendments.

The 2025 Edition of the California Existing Building Code is hereby adopted with no amendments.”
Section 8. Article XVIII of Chapter 5 of the Code of the City of Fontana is hereby amended by rewriting the Article in its entirety to read as follows:
“Article XVIII. California Green Building Standards Code Sec. 5-550. Adoption; copy on file.

The 2025 Edition of the California Green Building Standards Code, known as the California Code of Regulations, Title 24, Part 11, is hereby adopted as the Green Building Standards Code of the City and reference is hereby made to the copy now on file in the Clerk's Office of the City.

Sec. 5-551. Changes and Amendments.

The 2025 Edition of the California Green Building Standards Code is hereby adopted with no amendments.”
Section 9. Article XIX of Chapter 5 of the Code of the City of Fontana is hereby amended by rewriting the Article in its entirety to read as follows:
“Article XIX. California Residential Code
Sec. 5-600. Adoption; copy on file.

The 2025 Edition of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2.5, based on the 2024 Edition of the International Residential Code, published by the International Code Council, including Appendix BF and Appendix CI, is hereby adopted as the Residential Code of the City and reference is hereby made to the copy now on file in the Clerk's Office of the City.

Sec. 5-601. Changes and Amendments.
618
(a) Table R301.2, CLIMATIC AND GEOGRAPHIC DESIGN
CRITERIA, of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2.5 and the International Residential Code, is hereby amended by filling in the blanks in the first row to read as follows:

CLIMATIC AND GEOGRAPHIC DESIGN
CRITERIA GROUND SNOW LOAD.........................Zero
WIND DESIGN:

Speed- Special wind region…129Vmph. Other areas…
96Vmph
Topographic effects ......................................................No SEISMIC DESIGN CATEGORY .........................................D2 or E SUBJECT TO DAMAGE FROM:

Weathering.................................................................Negligible Frost line depth .............................................................12-24 inches
Termite..........................................................................Very Heavy
WINTER DESIGN TEMP....................................................43 ICE BARRIER UNDERLAYMENT REQUIRED...................No
FLOOD HAZARDS:

Date of adoption of first ordinance (Ord 881) regarding Flood Damage Prevention: June 6, 1987
Currently Effective Flood Insurance Rate Maps (FIRMS):

Panel Numbers: 06071C7895J, 06071C7915H,
06071C8634J, 06071C8635J,
06071C8642J, 06071C8651H,
06071C8652H,
06071C8653H, 06071C8654H, 06071C8658H, 06071C8666H
Dates: October 3, 2022, for all panels
AIR FREEZING INDEX.......................................................0 MEAN ANNUAL TEMP...................................................... 60 (b) Section R301.2.1.4 of the California Residential Code, known 619
asthe California Code of Regulations, Title 24, Part 2.5 and the International Residential Code, is hereby amended by adding thereto a paragraph to the end of the section to read as follows:

Exposure C, as a minimum, shall apply in all cases unless justification, to the satisfaction of the Building Official or his/her designee, is provided that the building site and surrounding terrain conform to the criteria for Exposure B.
(c) Section R309 of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2.5 and the International Residential Code, is hereby amended by adding thereto the following Section:

Sec. R309 General. Notwithstanding the requirements of
Section R309, an automatic fire-sprinkler system, approved by the Fire Prevention Division of the Fontana Fire Protection District, shall be installed, and maintained in all new construction per the requirements of Article II of Chapter 11 of the Code of the City.
(d) Section R308.1 of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2.5 and the International Residential Code, is hereby amended by rewriting the section in its entirety to read as follows:

Sec. R308.1 Site Address. New and existing buildings,
apartment units, condominium units, suites, and similar other units or spaces shallbeprovided with approved address numbers orlettersper Section 5-239 of the Fontana Municipal Code. (e) Section R306.1 of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2.5 and the International Residential Code, is hereby amended by adding thereto a paragraph to the end of the section to read as follows:

Notwithstanding the requirements of Sec. R306, all
construction within a flood hazard area shall comply with the requirements of Article II of Chapter 12 of the Code of the City. (f) Section BF105.2 of Appendix Chapter H of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2.5 and the International Residential Code, is hereby amended by rewriting the section in its entirety to read as follows:

Sec. BF105.2 Footings. A patio cover may be supported
620
on a concrete slab on grade without footings, provided all of the following conditions are met:

1. The supporting slab is not less than 3 1/2 inches thick; and

2. The supporting columns do not support live and dead
loads in excess of 750 pounds per column; and

3. The patio cover is constructed solely out of aluminum and/or other similar light weight material, and has a current valid International Code Council Evaluation Report or Council of American Building Officials National Evaluation Report (or equal) clearly stating that: (a), a slab 3 1/2 inches thick is structurally adequate; (b), footings are not required; and (c), how the patio cover is to be anchored/held-down to resist uplift forces based on a minimum nominal design wind speed, of 100 miles per hour.
(g) Section 115922(a) of Appendix CI of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2.5 and the International Residential Code is hereby amended by rewriting the section in its entirety to read as follows:
(a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool and/or spa or the remodeling of an existing pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with at least two drowning prevention safety features, one of which shall be an enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home. Any walls of the residential structure or accessory structures used to complete the isolation enclosure must have door openings equipped with protection as required in 115922 (a)(4) or (5). Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature
requirement. In addition to the foregoing, the respective swimming pool or spa shall be equipped with at least one of the following four drowning prevention safety features:
(1) Removable mesh fencing that meets American Society
for Testing and Materials (ASTM) Specifications F2286
standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable
device.
621
(2) An approved safety pool cover, as defined in
subdivision (d) of Section 115921.
(3) An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be
independently certified to the ASTM Standard F2208
“Standard Safety Specification for Residential Pool
Alarms,” which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection
alarm feature designed for individual use, including an alarm attached to a child that sounds when the child
exceeds a certain distance or becomes submerged in
water, is not a qualifying drowning prevention safety
feature.
(4) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting
standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME).”
Section 10. Article II of Chapter 5 of the Code of the City of Fontana is hereby amended by renaming and rewriting the Article in its entirety to read as follows:
“Article II. International Property Maintenance Code
Sec. 5-36. Adoption; copy on file.

The 2025 Edition of the International Property Maintenance Code, published by the International Code Council, is hereby adopted and reference is hereby made to the copy now on file in the clerk’s office of the city.

Sec. 5-37. Changes and Amendments.
(a) Section 303.2 of the 2024 International Property Maintenance Code is hereby amended by rewriting the section in its entirety to read as follows:

Section 303.2 Enclosures must comply with Section 115923 of Appendix CI of the 2024 California Residential Code as amended 622
by the City of Fontana.
(b) Section 304.3 of the 2024 International Property Maintenance Code is hereby amended by rewriting the section in its entirety to read as follows:

Section 303.2 Site Address. New and existing
buildings, apartment units, condominium units, suites, and similar other units or spaces shall be provided with approved address numbers or letters per Section 5-239 of the Fontana Municipal Code.

Section 11. Article XXII of Chapter 5 of the Code of the City of Fontana is hereby added by this Article in its entirety to read as follows:
“Article XXII Wildland-Urban Interface Code
Sec. 5-615. Adoption; copy on file.

The 2025 Edition of the California Wildland-Urban Interface Code, published by the International Code Council, is hereby adopted and reference is hereby made to the copy now on file in the clerk’s office of the city.

Sec. 5-616. Changes and Amendments.

The 2025 Edition of the California Wildland-Urban Interface Code is hereby adopted with no amendments.”
Section 12. Severability/Interpretation. If any provision of this Ordinance, or the application of this Ordinance to any person or circumstance is held to be invalid or void by a court of competent jurisdiction, such invalidity or voidance shall not affect the other provisions or applications which can be given effect without the invalid provision or application; and to this end, the provisions of this Ordinance are required to be severable. This Ordinance shall be liberally construed to achieve the purposes of this Ordinance and to preserve its validity. If any provision of Chapter 5 of the Code of the City or the application thereof to any person or circumstance is determined to be in conflict with any other applicable code, law, or ordinance, the most restrictive requirements shall be deemed applicable and enforced.

Section 13. The adoption of the 2025 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, consisting of the California Building Code, Volumes 1 & 2, based on the 2024 International Building Code; the California Plumbing Code, based on the 2024 Uniform 623
Plumbing Code; the California Electrical Code, based on the 2023 National Electrical Code; the California Mechanical Code, based on the 2024 Uniform Mechanical Code; the California Existing Building Code, based on the 2024 International Existing Building Code; the California Green Building Standards Code; the California Residential Code, based on the 2024 International Residential Code, the California Wildland-Urban Interface Code, based on the 2024 WildlandUrban Interface Code and the 2024 International Property Maintenance Code, does not commit the City to any action that may have a significant effect on the environment, and as per Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, such action does not constitute a project subject to the requirements of CEQA. In the alternative, the adoption is exempt from CEQA under State CEQA Guidelines section 15061 (b)(3) as it can be seen with certainty that there is no possibility that it may have a significant effect on the environment.

Staff is directed to file a Notice of Exemption.

Section 14. This ordinance shall take effect thirty (30) days after the date of its adoption.

Section 15. The City Clerk shall certify to the adoption of this Ordinance and shall cause a summary thereof to be published at least five (5) days prior to the meeting at which the proposed Ordinance is to be adopted in the Herald News, a newspaper of general circulation in the City, and shall post a certified copy of the proposed Ordinance in the office of the City Clerk, and within fifteen (15) days of its adoption, shall cause a summary of it to be published in the same manner as specified above, including the vote for and against the same, and shall post a certified copy of the adopted Ordinance in the office of the City Clerk, in accordance with California Government Code Section 36933.

APPROVED AND ADOPTED this __ day of __________, 2025.

READ AND APPROVED AS TO LEGAL FORM:
________________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of 624
the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the __ day of __________, 2025, and was finally passed and adopted not less than five days thereafter on the __ day of __________, 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
________________________________
City Clerk of the City of Fontana
________________________________
Mayor of the City of Fontana
________________________________
City Clerk
625

NOTICE OF PUBLIC HEARING

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

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

REVISING, PURSUANT TO AN EXEMPTION FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, CERTAIN PROVISIONS OF CHAPTER 5 OF THE

FONTANA MUNICIPAL CODE RELATING TO THE CONSTRUCTION AND MAINTENANCE OF BUILDINGS, AND ADOPTING BY REFERENCE THE 2025

EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, KNOWN AS THE CALIFORNIA CODE OF REGULATIONS, TITLE 24, CONSISTING OF THE CALIFORNIA BUILDING CODE, VOLUMES 1 & 2, BASED ON THE 2024 INTERNATIONAL BUILDING CODE; THE CALIFORNIA PLUMBING CODE, BASED ON THE 2024 UNIFORM PLUMBING CODE, THE CALIFORNIA ELECTRICAL CODE, BASED ON THE 2023 NATIONAL ELECTRICAL CODE; THE CALIFORNIA MECHANICAL CODE, BASED ON THE 2024 UNIFORM MECHANICAL CODE; THE CALIFORNIA EXISTING BUILDING CODE, BASED ON THE 2024 INTERNATIONAL EXISTING BUILDING CODE; THE CALIFORNIA GREEN BUILDING STANDARDS CODE; THE CALIFORNIA RESIDENTIAL CODE, BASED ON THE 2024 INTERNATIONAL RESIDENTIAL CODE; THE CALIFORNIA WILDLAND-URBAN INTERFACE CODE BASED ON THE 2024 INTERNATIONAL WILDLAND-URBAN INTERFACE CODE AND THE 2024 EDITION OF THE INTERNATIONAL PROPERTY

MAINTENANCE CODE
Environmental
Determination: This Ordinance does not commit the City to any action that may have a significant effect on the environment. Per Section 15378 of the California Environmental Quality Act, such action does not constitute a project subject to the requirements of CEQA.

Property Location: Citywide
Date of Hearing: October 14, 2025
Place of Hearing: City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 2:00 P.M.

Should you have any questions concerning this project, please contact Jeff Baughman, Director of Building & Safety, at (909) 350-7616 or [email protected].

ANY INTERESTED PARTY MAY APPEAR AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. A COPY OF THE ORDINANCE IS AVAILABLE FOR INSPECTION IN THE BUILDING AND SAFETY DIVISION, CITY HALL. 626

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: October 3, 2025
627

Fontana City CouncilOctober 14, 2025

Fontana City Council
October 14, 2025