Attachment No. 1 - Resolution for Design Review and Conditional Use Permits

RESOLUTION NO. 2026-077
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, APPROVING, PURSUANT TO AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE VENTANA AT DUNCAN CANYON SPECIFIC PLAN (SCH NO. 2021100400), CONDITIONAL USE PERMIT NO. 26-0001 TO ESTABLISH A GAS STATION AND ALCOHOLIC BEVERAGE CONTROL TYPE 20 BEER AND WINE OFF-SALE LICENSE FOR THE CONVENIENCE STORE AS PART OF THE GAS STATION, CONDITIONAL USE PERMIT NO. 26-0002 TO ESTABLISH AN ALCOHOLIC BEVERAGE CONTROL TYPE 21 GENERAL OFF-SALE LICENSE AND AN ABC TYPE 86 SAMPLING LICENSE FOR A PROPOSED GROCERY STORE, CONDITIONAL USE PERMIT NO. 26-0003 TO ESTABLISH A DRIVE-THROUGH USE FOR A STANDALONE BUILDING, CONDITIONAL USE PERMIT NO. 26-0011 TO ESTABLISH A DRIVE-THROUGH USE FOR A SUITE AS PART OF A MULTI-TENANT BUILDING, AND APPROVING DESIGN REVIEW PERMIT NO. 26-0002 FOR DEVELOPMENT OF A NEW 98,783 SQUARE FOOT RETAIL SHOPPING CENTER AND ASSOCIATED SITE IMPROVEMENTS ON APPROXIMATELY 11.55 GROSS ACRES LOCATED ON THE SOUTHWEST CORNER OF DUNCAN CANYON ROAD AND JOHN PREVITI AVENUE, IDENTIFIED AS ASSESSOR’S PARCEL NUMBERS 1107-262-07 AND -65 WHEREAS, Assessor Parcel Number (“APN”) 1107-262-07, and -65 (“Project Site”), was annexed from San Bernardino County and incorporated into the City of Fontana on October 8, 1981; and WHEREAS, on January 26, 2026, the City of Fontana (“City”) received applications from The Previti Group (“Applicant”), for a Specific Plan Amendment (“SPA No. 26-0001”) to add gas station and drive through uses to Planning Area 4 of the Ventana at Duncan Canyon Specific Plan, four Conditional Use Permits to establish a gas station use and Type 20 (Beer & Wine, Off-Sale) Alcohol Beverage Control (“ABC”) License for a convenience store as part of a gas station (“CUP No. 26-0001”), to establish an ABC Type 21 (General, Off-Sale) and Type 86 (Sampling) License for a grocery store (“CUP No. 26-0002”), to establish a drive-through use for a standalone building (“CUP No. 26-0003”), to establish a drive-through use for a suite as part of a multi-tenant building “CUP No 26-0011”), and a Design Review (“DR No. 26-0002”), for site and architectural review of a new 98,783 square foot retail shopping center with associated site improvements, at the Project Site (“Project”); and WHEREAS, the Project Site has a General Plan Land Use designation of Regional Mixed Use (R-MU) and is located within Planning Area 4 (Mixed-Use) of the Ventana at Duncan Canyon Specific Plan, as approved an amended by the Fontana City Council (“City Council”) on September 13, 2022, and which allows for the development; and WHEREAS, pursuant to the California Environmental Quality Act (Pub. Res. Code Section 2100) (“CEQA”) Guidelines and the State CEQA Guidelines (14. Cal Code Regs. Section 1500), the city, acting as the lead agency under CEQA, previously determined that an Environmental Impact Report (EIR) must be prepared to evaluate and disclose all potential significant environmental impacts associated with the Ventana at Duncan Canyon Specific Plan; and WHEREAS, on September 13, 2022, the City certified the Final Environmental Impact Report ("FEIR") (SCH No. 2021100400) for the Ventana Specific Plan. The FEIR consists of the Draft EIR, comments received during the 45-day public review and comment period on the Draft EIR, written responses to those comments, and revisions documented in an errata section. For purposes of this Resolution, the term "FEIR" refers to the Draft EIR as revised by the errata, along with all other sections comprising the Final EIR; and WHEREAS, pursuant to CEQA, when taking when taking subsequent discretionary actions on a project for which an EIR has been certified, the lead agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code Section 21166 and State CEQA Guidelines Section 15162 require additional environmental review; and WHEREAS, pursuant to CEQA Guidelines Section 15164, a lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred; and WHEREAS, the City evaluated the proposed Project in light of the standards for subsequent environmental review outlined in Public Resources Code Section 21166, State CEQA Guidelines Section 14162 and the City of Fontana’s 2019 Local Guidelines for Implementing CEQA and concluded that the proposed Project would not result in new significant environmental effects that were previously disclosed in the FEIR and therefore, no subsequent EIR or mitigated negative declaration is required; and WHEREAS, the proposed Project would nonetheless necessitate minor changes or additions to the FEIR, and thus, the City has prepared an Addendum to the FEIR pursuant to State CEQA Guidelines Section 15164; and WHEREAS, pursuant to State CEQA guidelines Section 15164, subdivision (c), the Addendum is not required to be circulated for public review, but can be attached to the FEIR; and WHEREAS, Conditions of Approval are attached hereto as Exhibit “A” for CUP No. 26-0001, Exhibit “B” for CUP No. 26-0002, Exhibit “C” for CUP No.26-0003, Exhibit “D” for CUP No. 26-0011, and Exhibit "E” for DR No. 26-0002; and WHEREAS, all of the notices required by statute and the Fontana Municipal Code have been given as required; and WHEREAS, the owners of property within 660 feet of the Project Site were notified via public hearing notice mailer prior to the public hearing; and WHEREAS, a notice of the public hearing was published in the Fontana Herald newspaper on July 3 , 2026, and simultaneously displayed at City Hall and at the Project Site; and WHEREAS, on June 16, 2026, a duly noticed public hearing on SPA No. 26-0001, CUP No. 26-0001, CUP No. 26-0002, CUP No. 26-0003, CUP No. 26-0011 and DR No. 26-0002, was held by the Fontana Planning Commission (“Planning Commission”) to consider testimony and evidence presented by the Applicant, City staff, and other interested parties. Following the hearing the Planning Commission recommended approval of the project to the Fontana City Council (“City Council”) with a vote of 3-0 by Resolution PC No. 2026-023; and WHEREAS, on July 14, 2026, the City Council conducted a noticed public hearing on SPA No. 26-0001, CUP No. 26-0001, CUP No. 26-0002, CUP No. 26-0003, CUP No. 26-0011 and DR No. 26-0002 cand received testimony from all parties and documentation from the Planning Commission’s public hearing on June 16, 2026; and WHEREAS, based on the information presented to and evidence received by the City Council at the public hearing held on July 14, 2026, for the Addendum to the Ventana at Duncan Canyon Specific Plan EIR, SPA No. 26-0001, CUP No. 26-0001, CUP No. 26-0002, CUP No. 26-0003, CUP No. 26-0011 and DR No. 26-0002, the City Council determined that the project was in conformance with the goals and policies of the General Plan; and WHEREAS, all of the notices required by statute and the Fontana Municipal Code (“FMC”) have been given as required; and WHEREAS, the City wishes to protect and preserve the quality of life throughout the City, through effective land use and planning; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, 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 incorporated herein by reference.

Section 2. Compliance with California Environmental Quality Act. As the decision-making body for the Project, the City Council has reviewed and considered the Ventana Specific Plan FEIR and Addendum and Mitigation Monitoring and Reporting Program, any oral or written comments received, and the administrative record prior to making any decision on the proposed project. The City Council finds that the Addendum and Ventana Specific Plan FEIR contain a complete and accurate reporting of all the environmental impacts associated with the proposed project. The City Council further finds that the Addendum has been completed in compliance with the State CEQA Guidelines and Section 8.10 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.

Section 3. Findings on the Necessity for a Subsequent or Supplemental Environmental Impact Report. Based on the substantial evidence set forth in the record, including but not limited to, the Ventana Specific Plan FEIR, the Addendum and all related information presented to the City Council, the City Council finds that pursuant to State CEQA sections 15162 and 15164 and Section 8.06 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, an Addendum to the Ventana Specific Plan FEIR is the appropriate document for the project.

The City Council further finds that the preparation of a subsequent or supplemental EIR is not required for the proposed project because the project:

Will not result in substantial changes that would require major revisions of the Ventana Specific Plan FEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and Will not result in substantial changes with respect to the circumstances under which the proposed project are developed that would require major revisions of the Ventana Specific Plan FEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and Does not present new information of substantial importance that was not known and could not have known with the exercise of reasonable diligence at the time the Ventana Specific Plan FEIR documents were certified showing any of the following:

The proposed project would have one or more significant effects not discussed in the EIR; That significant effects previously examined would be substantially more severe than shown in the EIR; That mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the lead agency declined to adopt such measures; and That mitigation measures or alternatives considerably difference from those analyzed would substantially reduce one or more significant effects on the environment but which the lead agency declined to adopt.

Section 4. Findings on Environmental Impacts. Having considered the Addendum, the administrative record, the Ventana Specific Plan FEIR and all written and oral evidence presented to the City Council, the City Council finds that all environmental impacts of the proposed project have been addressed within the Ventana Specific Plan FEIR and the Addendum. The City Council finds that no new or additional mitigation measures or alternatives are required. The City Council further finds that there is no substantial evidence in the administrative record that the proposed project may result in any significant environmental impacts beyond those analyzed in the Ventana Specific Plan FEIR. The City Council finds that the Addendum contains a complete, objective, and accurate reporting of the environmental impacts associated with the proposed project and reflects the independent judgment and analysis of the City Council.

Section 5. Adoption of Addendum to the Ventana Specific Plan FEIR. The City Council hereby adopts the Addendum to the EIR for the Ventana Specific Plan Environmental Impact Report (SCH No. 2021100400) and Mitigation, Monitoring and Reporting Program (MMRP) that have been prepared pursuant to State CEQA Guidelines Sections 15162 and 15164 along with the City of Fontana’s 2019 Local Guidelines for Implementing CEQA. The City Council further directs staff to file a Notice of Determination with the County Clerk’s Office and the Office of Land Use and Climate Innovation within five (5) working days of adoption of this Resolution.

Section 6. Conditional Use Permit Findings. The City Council hereby makes the following findings for CUP No. 26-0001 in accordance with Section 30-150 “Findings for approval” for conditional use permits of the Fontana Zoning and Development Code:

Finding No. 1. That the proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning and Development Code, Municipal Code, General Plan and any applicable Specific Plan or Area Plan and City regulations/standards.

Findings of Fact: The Project Site’s General Plan Land use designation is Regional Mixed Use (R-MU) and is located within Planning Area 4 of the Ventana at Duncan Canyon Specific Plan. The request is to establish a gas station use, and to establish a Type 20 (Beer and Wine, Off-Sale) ABC license for the convenience store as part of the gas station. Because the site is designated R-MU, the gas station use and Type 20 ABC license, as a part of a convenience store, are consistent with the range of uses anticipated by the General Plan. The Applicant is processing a specific plan amendment which will allow gas stations within the specific plan with a conditional use permit. Both the gas station use and Type 20 ABC license will be conditionally permitted and subject to approval of a Conditional Use Permit. Following approval of the Specific Plan Amendment and the required Conditional Use Permit, both uses will be in compliance with the Specific Plan and Municipal Code.

Finding No. 2. The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards.

Findings of Fact: The Project Site is approximately 11.55 acres which can accommodate the proposed gas station. The Project will comply with setbacks, landscaping, lot coverage and parking requirements. There will be two vehicle access points to the site from Duncan Canyon Road and John Previti Avenue. The driveway will be designed to accommodate truck and passenger vehicle traffic as necessary. The physical characteristics of the site were reviewed by the Fontana Planning Department, and it was determined that the site met the requirements for yard, setbacks, walls, landscaping requirements and applicable Specific Plan and Zoning and Development Code regulations. The request also includes a Type 20 (Beer and Wine, Off-Sale) ABC License for a convenience store as part of the gas station.

Finding No. 3. Granting the permit would not be detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located.

Findings of Fact: There will be no adverse effect to the public interest, health, safety, convenience, welfare, nor will be materially injurious to persons, property, or improvements in the vicinity or of the neighboring sites. The Project has been reviewed by Planning, Engineering, Building and Safety, Police, and County Fire Prevention for site circulation, access, safety, and found to meet the requirements for all applicable building code, zoning and fire code standards. Additionally, conditions of approval have been imposed to address potential health, safety, and operational concerns to ensure that the Project will not be materially detrimental or injurious to persons, property, or improvements in the surrounding area.

Section 7. Conditional Use Permit Findings. The City Council hereby makes the following findings for CUP 26-0002 in accordance with Section 30-150 “Findings for approval” for conditional use permits of the Fontana Zoning and Development Code:

Findings of Fact: The Project Site’s General Plan Land use designation is R-MU and is located within the Ventana at Duncan Canyon Specific Plan. The request is to establish ABC Type 21 General, Off-Sale and ABC Type 86, Sampling licenses within a grocery store. Because the site is designated R-MU, the Type 21 and Type 86 ABC licenses, as part of a grocery store, are consistent with the range oof uses anticipated by the General Plan. The use is subject to approval of a Conditional Use Permit. Upon approval of the required CUP, the proposed use will be permitted within the specific plan and will comply with the Fontana Municipal Code.

Findings of Fact: The Project Site is approximately 11.55 acres and can accommodate the proposed uses of establishing Alcoholic Beverage Control (ABC) Type 21-General, Off-Sale) and Type 86 (Sampling) Licenses within a proposed grocery store. The new retail shopping center would include on-site and off-site improvements to provide circulation and access necessary to operate the grocery store that will accommodate the uses. The proposed retail shopping center will meet all the related performance criteria and development standards. The ABC license will be physically suited for this type of development.

Findings of Fact: There will be no adverse effect to the public interest, health, safety, convenience, welfare, nor will it be materially injurious to persons, property, or improvements in the vicinity or of the neighboring sites as currently proposed. The Project has been reviewed by Planning, Engineering, Building and Safety, and County Fire Prevention for site circulation, access, safety, and found to meet the requirements for all applicable building code, zoning and fire code standards. Additionally, conditions of approval have been imposed to address potential health, safety, and operational concerns to ensure that the Project will not be materially detrimental or injurious to persons, property, or improvements in the surrounding area.

Section 8. Conditional Use Permit Findings. The City Council hereby makes the following findings for CUP No. 26-0003 in accordance with Section 30-150 “Findings for approval” for conditional use permits of the Fontana Zoning and Development Code:

Findings of Fact: The Project Site’s General Plan Land use designation is R-MU and is located within the Ventana at Duncan Canyon Specific Plan. This request is for a drive-through land use for a standalone building. Because the site is designated R-MU, the drive through use for a standalone building is consistent with the range of uses anticipated by the General Plan. The Applicant is processing a specific plan amendment which will allow drive through uses within the specific plan with a conditional use permit. The drive though use will be conditionally permitted and subject to approval of a Conditional Use Permit. Following approval of the Specific Plan Amendment and the required Conditional Use Permit, the use will be in compliance with the Specific Plan and Municipal Code.

Findings of Fact: The Project Site is approximately 11.55 acres which can accommodate the proposed drive-through. The Project will include on and off site improvements including access improvements and new utilities and will provide safe vehicular routes and safe pedestrian paths. The new drive-through use is suited for this type of development and will be conditioned to meet City performance criteria and development standards. The physical characteristics of the site were reviewed by the Fontana Planning Department, and it was determined that the site met the requirements for yards, setbacks, walls, landscaping requirements and applicable Specific Plan and Zoning and Development Code regulations.

Findings of Fact: Granting the permit would not be detrimental to the public or injurious to person, property, or improvements in the vicinity because there will be adequate access to and from the Project Site as well as sufficient utility services will be provided. The Applicant provide the City’s Traffic Department with a queuing study which was approved, demonstrating that the Project can accommodate on-site vehicle stacking and circulation in a manner that supports safe and efficient traffic operations. The Project has been reviewed by Planning, Engineering, Building and Safety, and County Fire Prevention for site circulation, access, safety, and found to have met the requirements for all applicable building code, zoning and fire code standards.

Section 9. Conditional Use Permit Findings. The City Council hereby makes the following findings for CUP No. 26-0011 in accordance with Section 30-150 “Findings for approval” for conditional use permits of the Fontana Zoning and Development Code:

Findings of Fact: The Project Site is approximately 11.55 acres which can accommodate the proposed drive-through. The Project will include on and off-site improvements including access improvements and new utilities and will provide safe vehicular routes and safe pedestrian paths. The new drive-through use is suited for this type of development and will be conditioned to meet City performance criteria and development standards. The physical characteristics of the site were reviewed by the Fontana Planning Department, and it was determined that the site met the requirements for yards, setbacks, walls, landscaping requirements and applicable Specific Plan and Zoning and Development Code regulations.

Findings of Fact: Granting the permit would not be detrimental to the public or injurious to person, property, or improvements in the vicinity because there will be adequate access to and from the Project Site and sufficient utility services will be provided. The Applicant provided the City’s Traffic Department with a queuing study which was approved, demonstrating that the project can accommodate on-site vehicle stacking and circulation in a manner that supports safe and efficient traffic operations. The project has been reviewed by Planning, Engineering, Building and Safety, and County Fire Prevention for site circulation, access, safety, and found to have met the requirements for all applicable building code, zoning and fire code standards.

Section 10. Design Review Findings. The City Council hereby makes the following findings for DR No. 26-0002 in accordance with Section 30-120 “Findings for approval” of the Fontana Zoning and Development Code:

Finding No. 1. The proposal is consistent with the General Plan, Zoning and Development Code, and specific plan.

Findings of Fact. The project consists of the construction of a 98,783 square foot retail shopping center on approximately 11.55 acres. The proposal includes an anchor grocery store, retail shops, drive-through buildings, and a gas station. The Project Site is designated R-MU under the General Plan and is located within Planning Area 4 of the Specific Plan, which allows for the proposed retail commercial development.

The Ventana Specific Plan architectural guidelines encourage the influence of Tuscan architecture. Features for the project include a smooth stucco exterior combined with decorative brick veneer, decorative iron features, and concrete roof tiles. The variations to the building face, varying roof lines and building’s height will make the project architecturally pleasing and be consistent with the surrounding area. The site and building design comply with the criteria contained in the design review section of the Fontana Zoning and Development Code and Ventana Specific Plan.

The Project has high quality architecture and appropriate screening comprised of screen walls and landscaping that will make for a desirable development. This Project will provide an attractive space for future commercial businesses which will support the local economy.

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

Findings of Fact: The Project Site will incorporate site improvements which include new landscaping, parking, lighting, fencing, curb, gutter, and sidewalks. The Project Site is 11.55 acres in size, and is adequate in size, shape, topography, accessibility, and other physical characteristics to accommodate the use. The project consists of the development of a new 98,783 square foot retail shopping center. The Project improvements include sidewalks, drainage, and grading, to ensure a safe and well-design development. The Project Site is currently vacant, and the development will provide the community with safe improvements including walking sidewalks and safe vehicular circulation. Additional features such as on-site and off-site lighting and new enhanced landscape areas have been incorporated to create an attractive atmosphere. The development has been reviewed by Planning, Fire Prevention, Building and Safety, and Engineering Departments for site circulation, access, and safety and it has been determined that the Project meets the standards of the Zoning and Development Code and provides a safe design for public use and access.

Finding No. 3. The proposal in its design and appearance, is aesthetically and architecturally pleasing, resulting in a safe, well-designed facility while enhancing the character of the surrounding neighborhood.

Findings of Fact: The Project is aesthetically and architecturally pleasing and compatible with the surrounding area. The Project Site is physically suitable in size and shape to support the new retail shopping center which will be built in accordance with the zoning and fire codes, that will make for a safe, attractive, and well-designed Project.

Architectural relief utilized for the buildings will feature a smooth stucco coated exterior, varied roof line, metal elements, decorative lighting, and other features appropriate to the style. The use of a variety of colors and materials such as stucco finish and stone veneer further adds architectural diversity to each building. The Project enhances the surrounding neighborhood by incorporating architectural style that complements the surrounding area. The Project Site is suitable in size and shape to support the new retail shopping center which will be built in accordance with the FMC and will result in a safe, attractive, and well-designed Project.

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

Findings of Fact: The development includes appropriate site improvements consisting of new landscaping, parking areas, sidewalks, drainage, perimeter walls lighting, and fencing all designed in compliance with the Zoning and Development Code.

Section 11. Approvals. Based on the foregoing, the City Council hereby approves CUP No.26-0001, subject to the Conditions of Approval attached hereto as “Exhibit A”, CUP No. 26-0002, subject to the Conditions of Approval attached hereto as “Exhibit B”, CUP No. 26-0003, subject to the Conditions of Approval attached hereto as “Exhibit C”, CUP No. 26-0011, subject to the Conditions of Approval attached hereto as “Exhibit D”, and Design Review No. 26-0002, subject to the Conditions of Approval, attached hereto as “Exhibit E” all of which are incorporated herein by this reference as though fully set forth herein.

Section 12. 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 13. Certification. The Secretary of the City Council shall certify to the adoption of this Resolution.

Section 14. Effective Date. This Resolution shall take effect thirty (30) days after the adoption of the City Council Ordinance adopting Specific Plan Amendment No. 26-0001, provided however, if the Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect.

Section 15. 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 application of this Resolution that can be given effect without the invalid provision or application.

APPROVED AND ADOPTED this 14th day of July 2026.

READ AND APPROVED AS TO LEGAL FORM:
____________________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana and Ex-Officio of the City Council do hereby certify that the foregoing resolution was duly and regularly adopted by the City Council at a regular meeting thereof, held on the 14th day of July 2026, 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
Exhibit “A”

CITY OF FONTANA

CONDITIONS OF APPROVAL
CASE: Master Case No. 26-0004
Conditional Use Permit No. 26-0001 Gas Station/Type 20 ABC License

DATE: July 14, 2026
LOCATION: Southwest corner of Duncan Canyon Road and John Previti Avenue (APN: 1107-262-07 and -65) PLANNING DEPARTMENT:

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

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

The rights and privileges granted by this project shall not become effective, nor shall the Applicant commence the use for which this project is granted, until both of the following have occurred:
a. All of the improvements, construction, alteration and other work set forth in this project have been completed and have been accepted by the City, as evidenced by the City’s issuance of a Certificate of Occupancy or other document evidencing the City’s final inspection and acceptance of the work; and b. All other Conditions of Approval imposed by this project have been fulfilled.

This project will comply with all applicable provisions, regulations and development standards of the City of Fontana Municipal Code.

The occupants of this facility shall comply with applicable provisions of local, state and federal laws and regulations with respect to noise, vibration, smoke, odors, fire and explosive hazards, including, but not limited to the City’s adopted Hazardous Materials Management Plan and Industrial Wastewater/Discharge requirements.

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

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

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

In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City manager shall bring such proposed amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) days following the City Manger’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Sections 30-30 and 30-31 of the Municipal Code.

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

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

All roof-mounted equipment and ground mounted equipment shall be screened from view from adjacent properties and streets with colors and materials that are compatible with the architecture of the building(s).

The applicant/developer shall comply with the mitigation measures identified in the Initial Study/Mitigated Negative Declaration Mitigation Monitoring and Reporting Program.

The applicant shall have fully provided, constructed, or otherwise meet all Planning Department’s requirements per approved plans, and shall have addressed all punch list items to the satisfaction of the Director of Planning.

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

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

The operation of the business shall not violate any federal, state, or local laws or ordinances, including the rules, regulations and orders of the State Alcoholic Beverage Control Department and conditions of this Conditional Use Permit. Failure to comply with these requirements shall constitute grounds for revocation of the Conditional Use Permit.

All tobacco products shall remain under the control of the management, behind the cashier’s counter.

If licensed premise operates twenty-four (24) hours a day, the business owner/licensee shall keep all beer and wine within a lockable, permanently affixed cooler, lockable permanently affixed display case, or under the control of the management behind the cashier’s counter. The coolers and display cases shall be locked during the hours of 2 a.m. to 6 a.m. daily. Additionally, no alcoholic beverages shall be sold during the hours of 2 a.m. to 6 a.m. daily.

Employees engaged in the sale distribution of alcoholic beverages shall be at least 18 years of age. If the business owner, licensee, or management choose to employ a salesperson between the ages of 18 to 20, that salesperson must be under the continuous supervision of at least one salesperson who is 21 years old or older.

The sale of malt liquor or fortified wine products with an alcoholic content greater than 17 percent by volume is prohibited.

The licensee shall not sell single bottles of wine in less than 750 milliliters containers. Specialty or dessert wines packaged in 375 milliliter bottles or more shall be permitted.

The sale of beer or malt beverages in single size containers less than 40 ounces is prohibited.

The licensed premise shall not sell individual units of beer or wine from the manufacturer’s multi-unit packages. (Two- Packs, Three-packs, four-packs, six-packs, etc.) The licensee shall not allocate more than half of the cooler doors for the sale of alcoholic beverages. All designated coolers for alcoholic beverages shall be located furthest away from the entrance doors. Any display or storage of alcoholic beverages on the public floor area of the convenience store is prohibited. All alcoholic beverages shall be displayed in coolers, or on shelving units. All alcoholic beverages shall be stored within a storage room, only accessible to employees.

The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the licensed premises.

In the event that adult merchandise (books, magazines, videos, and CDs) is offered for sale, all such merchandise shall be kept under the control of the management behind the cashier’s counter and must be segregated from other reading material and screened from the view of minors.

On a regular and reasonable basis, litter shall be removed daily from the premises, including adjacent public sidewalks, and all parking areas under the control of the business owner/licensee. These areas shall be swept or cleaned, either mechanically or manually, on a weekly basis to control debris.

The business owner/licensee shall comply with the City False Alarm Ordinance. Excessive false alarms will require replacement of the alarm system prior to the extension of any conditional use permit.

Graffiti abatement by the business owner/licensee, or management shall be immediate and on-going on the premises, but in no event shall graffiti be allowed unabated on the premises for more than 48 hours. Abatement shall take the form or removal or shall be covered/painted over with a color reasonably matching the color of the existing building, structure, or other surface being abated. Additionally, the business owner/licensee, or management shall notify the City within 24 hours (at 909-350-GONE) of any graffiti elsewhere on the property not under the business owner/licensee’s or management control so that it may be abated by the property owner and/or the City’s Graffiti Team.

The business owner/licensee or management shall prevent on-site loitering. The management shall regularly police the area under its control to prevent the loitering of persons about the premises.

Sales of alcoholic beverages will be restricted to, and within the confines of, the building portion of the licensed premises.

A digital video surveillance system is required at the premise. It is recommended to be an internet-based system and shall be maintained in proper working order at all times. The surveillance video/visual media shall be maintained for a minimum of sixty (60) days and upon request, shall be accessible to law enforcement personnel for viewing, copying and collection purposes during regular business hours.

Signs shall comply with all City of Fontana sign requirements. No more than 25% of the total window area and clear doors shall bear advertising or signs of any sort. Window signs shall be placed and maintained in a manner so that there is a clear and unobstructed view of the interior of the premises from the public sidewalk or entrance to the premises (this applies to all windows of this location).

The exterior of the premise, including all entrances, walkways, adjacent public sidewalks, alleyways, and parking lots under the control of the licensee, shall be illuminated at a minimum of one (1) foot candle of light during all hours of darkness, so that persons standing in those areas at night are identifiable by law enforcement personnel. All luminaries utilized are required to have vandal resistant light fixtures.

A prominent, permanent sign or signs stating, “NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES” shall be posted on the building and shall be clearly visible to patrons of the licensee. The size, format, placement, and languages of the sign or signs shall be determined by the Department of Alcoholic Beverage Control. Generally, the signs should be 24 inches length and 14 inches in width with the print of sufficient size to make them clearly readable.

A prominent, permanent sign or signs stating, “NO OPEN ALCOHOLIC BEVERAGE CONTAINERS ARE ALLOWED ON THE PREMISES” shall be posted on the building and shall be clearly visible to patrons of the licensee. The size, format, placement, and languages of the sign or signs shall be determined by the Department of Alcoholic Beverage Control. Generally, the signs should be 24 inches length and 14 inches in width with the print of sufficient size to make them clearly readable.

No electronic arcade or amusement games are permitted on the licensed premises at any time.

In the event security problems occur, the Police Department (Chief of Police) will issue a letter to the owner requesting a meeting to discuss said security problems. If security problems are not resolved by owner in the timeframe mutually agreed upon in said meeting, at the discretion of the Chief of Police, the business owner/licensee or management, at his or her own expense, shall provide a California licensed, uniformed security guard(s) on the premises, during such guards shall comply with Fontana City Code section 22-62, and shall be registered with the State of California’s Bureau of Security and Investigative Services as a security guard prior to employment within the City of Fontana.

The licensee shall attend a L.E.A.D. training (Licensee Education on Alcohol and Drugs provided by the Department of Alcoholic Beverage Control) or a responsible beverage service training (RBS) from a provider listed on the Department of Alcoholic Beverage Control’s website, within six (6) months, and any employee engaged in the sale of alcohol shall attend the LEAD or RBS training within 90 days of employment.

The approved set of Conditions of Approval, and the ABC license shall be posted at all times at a visible location behind the cashier’s counter in the facility and shall remain legible at all times.

SAN BERNARDINO COUNTY FIRE HAZMAT DEPARTMENT
Any business or facility that handles hazardous materials in quantities at or exceeding 55 gallons, 500 pounds, or 200 cubic feet (compressed gas) at any one time or generates any amount of hazardous waste shall obtain hazardous material permits from this department. Prior to occupancy the business operator shall apply for permits (Hazardous Material Permit, Hazardous Waste Permit, Aboveground Storage Tank Permit, Underground Storage Tank Permit) or apply for exemption from permitting requirements.

Application for one or more of these permits shall occur by submitting a hazardous materials business plan using the California Environmental Reporting System (CERS) http://cers.calepa.ca.gov/ Businesses or facilities handling greater than 1320 gallons of petroleum products in aboveground storage tanks (shell capacity) shall prepare and implement a Spill Prevention, Control, and Countermeasures Plan (SPCC) in accordance with 40 CFR 1 112.3 and CHSC 25270.4.5(a). The SPCC plan shall be submitted via the CERS system and maintained on site.

Underground storage tank (UST) systems storing hazardous substances in the County of San Bernardino shall conform to standards issued by the San Bernardino County Fire Protection District. Written approval shall be obtained from this Department prior to the installation of any new UST system(s) and/or modifications to an existing UST system. Prior to installation, plans for underground storage tank systems shall be reviewed and approved by Office of the Fire Marshal, Hazardous Materials Division. For additional information please contact (909) 386-8401.

Exhibit “B”

CITY OF FONTANA

CONDITIONS OF APPROVAL
CASE: Master Case No. 26-0004
Conditional Use Permit No. 26-0002
DATE: July 14, 2026
Grocery Store Type 21 and Type 86 ABC License
LOCATION: Southwest corner of Duncan Canyon Road and John Previti Avenue (APN: 1107-262-07 and -65) PLANNING DEPARTMENT:

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

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

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

The rights and privileges granted by this project shall not become effective, nor shall the Applicant commence the use for which this project is granted, until all of the following have occurred:

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

All Conditions of Approval imposed on this project have been fulfilled.

In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City Manager shall bring such proposed amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) days following the City Manager’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Sections 30-30 and 30-31 of the Municipal Code.

At any time, the Director of Planning may bring a status report to the Planning Commission identifying impacts or failure to comply with conditions resulting from the Conditional Use Permit approval. Such status report may contain a police report regarding calls for service at the location. Nothing herein shall modify or limit the City’s authority to regulate the business or modify or revoke the permit upon the City’s determination that the business is being operated in a manner adverse to the public’s health, safety, and welfare.

In addition to sign identifying the business, no sign shall be placed in or upon the window of any structure utilized for commercial purposes in the upper or lower one third of the total transparent area of any window. Window signage shall be limited to 25 percent of the total window and clear door area. Window signs shall be placed and maintained in a manner so that there is a clear and unobstructed view of the interior of the premises from the adjacent sidewalk or entrance to the premises.

The operation of the business shall not violate any federal, state, or local laws or ordinances, including the rules, regulations and orders of the State Alcoholic Beverage Control Department and all conditions of the City of Fontana’s Conditional Use Permit. Failure to comply with these requirements shall constitute grounds for revocation of a conditional use permit.

All tobacco products shall remain under the control of the management, behind the cashier’s counter.

Employees engaged in the sale or distribution of alcoholic beverages shall be at least 18 years of age. If the business owner, licensee, or management choose to employ a salesperson between the ages of 18 to 20, that salesperson must be under the continuous supervision of at least one salesperson who is 21 years old or older.

No beer, wine or distilled spirits shall be displayed within five feet of the front door or between the register and the front door unless it is under the control of the management within locked shelving units.

No display or sale of beer, wine or distilled spirits, shall be made from an ice tub.

No alcoholic beverages shall be stored, sold or displayed (even for special events) within any aisle-way of the main sales floor or vestibule.

The sale of malt liquor or fortified wine products with an alcoholic content greater than 17 percent by volume is prohibited.

The licensee shall not sell single bottles of wine in less than 750 ml. containers. Specialty or dessert wines which are only packaged in 375 milliliter bottles shall be permitted.

No distilled spirits shall be sold in bottles or containers smaller than 375 ml.

The sale of beer or malt beverages in single size containers of 40 ounces or less is prohibited.

The licensed premise shall not sell individual units of beer or wine from the manufacturer’s multi-unit packages (three-packs, four-packs, six-packs, etc.).

The licensee shall not allocate more than half of the cooler doors for the sale of alcoholic beverages. All designated coolers for alcoholic beverages shall be located furthest away from the entrance doors.

The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the licensed premises.

On a regular and reasonable basis litter shall be removed daily from the premises, including adjacent public sidewalks and all parking areas under the control of the business owner/licensee. These areas shall be swept or cleaned, either mechanically or manually, on a weekly basis to control debris.

The business owner/licensee shall comply with the City False Alarm Ordinances.

Graffiti abatement by the business owner/licensee shall be immediate and ongoing on the licensed premises, but in no event shall graffiti be allowed unabated on the premises for more than 48 hours. Abatement shall take the form of removal or shall be covered/painted over with a color reasonably matching the color of the existing building, structure, or other surface being abated. Additionally, the business owner/licensee shall notify the City within 24 hours (at 909.350-GONE) of any graffiti elsewhere on the property not under the business owner/licensee’s control so that it may be abated by the property owner and/or the City’s Graffiti Enforcement Team.

The management and employees of the licensed premise shall be required to prevent loitering in the parking lot of the site. The management and employees of the licensed premise shall regularly police the area under its control to prevent the loitering of persons about the premises.

Sales of alcoholic beverages will be restricted to, and within the confines of, the building portion of the licensed premises.

Signs shall comply with all City of Fontana sign requirements. No more than 25% of the total window area and clear doors shall bear advertising, signs or obstructions of any sort. Window signs or other obstructions shall be placed and maintained in a manner so that there is a clear and unobstructed view of the interior of the premises from the public sidewalk or entrance to the premises (this applies to all windows and glass doors of this location).

The exterior of the premise, including all entrances, walkways, adjacent public sidewalks, alleyways and parking lots under the control of the licensee, shall be illuminated at a minimum of one (1) foot candle of light during all hours of darkness, so that persons standing in those areas at night are identifiable by law enforcement personnel. All luminaries utilized are required to have vandal resistant light fixtures.

The exterior of the licensed premises, including adjacent public sidewalks and all parking lots under the control of the licensee, shall be illuminated during the hours of darkness, at all entrances, sidewalks or parking surfaces, at a minimum of one foot candle of light.

A prominent, permanent sign or signs stating “NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES” shall be posted on the front of the building or in the front windows of the business, and shall be clearly visible to patrons of the licensee. The size, format, placement, and languages of the sign or signs shall be determined by the Department of Alcoholic Beverage Control. Generally, the signs should be 24 inches in length and 14 inches in width with the print of sufficient size to make them clearly readable.

A prominent, permanent sign or signs stating “NO OPEN ALCOHOLIC BEVERAGE CONTAINERS ARE ALLOWED ON THE PREMISES” shall be posted on the front of the building or in the front windows of the business, and shall be clearly visible to patrons of the licensee. The size, format, placement and languages of the sign or signs shall be determined by the Department of Alcoholic Beverage Control. Generally, the signs should be 24 inches in length and 14 inches in width with the print of sufficient size to make them clearly readable.

No electronic arcade or amusement games are permitted on the licensed premises at any time.

In the event security problems occur, the Police Department (Chief of Police) will issue a letter to the owner requesting a meeting to discuss said security problems. If security problems are not resolved by the owner in the timeframe mutually agreed upon in said meeting, at the discretion of the Chief of Police, the business owner/licensee or management, at his or her own expense, shall provide a California licensed, uniformed security guard(s) on the premises, during such hours as requested and directed by the Police Department. All uniformed security guards shall comply with Fontana City Code section 22-62, and shall be registered with the State of California’s Bureau of Security and Investigative Services as a security guard prior to employment within the City of Fontana.

Responsible Beverage Service Training: All persons engaged in the sale or service of alcohol shall abide by the following requirements. If compliance with Item B (AB 1221 of 2017) is achieved, the requirement for Item A is void.

The licensee, business owner, all managers and employees engaged in the sale of alcohol, shall attend a L.E.A.D. training (Licensee Education on Alcohol and Drugs provided by the Department of Alcoholic Beverage Control) or an alternative responsible beverage service training (RBS), within 90 days of employment.

Comply with California Assembly Bill 1221 of 2017, Responsible Beverage Service Training Act. Details can be found on the website for the California Department of Alcoholic Beverage Control.

At all times during an instructional tasting event, the instructional tasting event area shall be separated from the remainder of the off-sale licensed premises by a rope, cable, cord, or other barrier.

The license holder shall display signage prohibiting persons under 21 years of age from entering the instructional tasting event area.

No charge of any sort shall be made for tastings at instructional tasting events within the establishment.

A person under 21 years of age shall not serve, or be served, wine, beer, or distilled spirits at instructional tasting events within the establishment.

The instructional tasting events shall only take place between the hours of 10 am and 9pm, seven (7) days a week.

There shall be no on-sale retail sales to consumers attending the instructional tasting events within the establishment.

The license holder shall not permit any consumer to leave the instructional tasting area with an open container of alcohol.

An instructional tasting event shall be limited to a single type of alcoholic beverage. “Type of alcoholic beverage” means distilled spirits, wine, or beer.

A single tasting of distilled spirits shall not exceed one-fourth of one ounce and a single tasting of wine shall not exceed one ounce. No more than three tastings of distilled spirits or wine shall be provided to any person on any day. The tasting of beer is limited to eight ounces of beer per day. The wine, beer, or distilled spirits tasted shall be limited to the products that are authorized to be sold by the holder of the Type 86 license under its requisite off-sale license.

All tastes shall be served by an employee or the designated representative of the “authorized licensee” over the age of 21 years old.

Any unused wine, beer, or distilled spirits remaining from the tasting shall be removed from the off-sale license licensed premises by the “authorized licensee” or its designated representative.

Exhibit “C”

CITY OF FONTANA

CONDITIONS OF APPROVAL
CASE: Master Case No. 26-0004
Conditional Use Permit No. 26-0003
DATE: July 14, 2026
Drive through (Pad A Building)
LOCATION: Southwest of Duncan Canyon Road and John Previti Avenue (APN: 1107-262-07 and -65) PLANNING DEPARTMENT:

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

The rights and privileges granted by this project shall not become effective, nor shall the Applicant commence the use for which this project is granted, until all of the following have occurred:

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

All Conditions of Approval imposed on this project have been fulfilled.

In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City Manager shall bring such proposed amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) days following the City Manager’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Sections 30-30 and 30-31 of the Municipal Code.

The project shall incorporate graffiti resistant materials. The property owner shall at all times maintain an adequate amount of paint, matching the project, and shall abate any graffiti at the project within 48 hours of appearance of such graffiti.

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

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

Operation of the drive-thru shall not result in stacking of vehicles on the public streets at any time.

Operation of the drive-thru shall not result in stacking of vehicles in such a manner that would result in obstruction to any access aisle of parking spaces for other tenants in the retail center, or the main drive aisles for the retail center.

The landlord shall stipulate in the lease for the tenant using the drive-thru land that should conflicts occur between vehicles parking and/or circulating in the parking areas and vehicles queuing for the drive-thru, staff of the drive-thru operation shall provide traffic control, take orders ahead of the menu boards, and/or utilize all require methods to eliminate those conflicts.

The drive-through operation shall adhere to the approved traffic queuing study in the event that cars stack up outside of the designated drive-through lane.

The drive-through operation shall comply with the Special Use Regulations in Chapter 30 of the Municipal Code.

Exhibit “D”

CITY OF FONTANA

CONDITIONS OF APPROVAL
CASE: Master Case No. 26-0004
Conditional Use Permit No. 26-00011
DATE: July 14, 2026
Drive-Through (Shops C Building)
LOCATION: Southwest corner of Duncan Canyon Road and John Previti Avenue (APN: 1107-262-07 and -65) PLANNING DEPARTMENT: