Attachment No. 1 - Resolution for General Plan Amendment, Tentative Tract Map, Tentative Parcel Map, Design Review and Conditional Use Permit and Adoption of the Addendum to Arboretum Specific Plan EIR

RESOLUTION NO. 2026-076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA APPROVING, PURSUANT TO AN ADDENDUM TO THE ARBORETUM SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE [SCH] NO. 2006071109), GENERAL PLAN AMENDMENT NO. 23-000002 (GENERAL PLAN AMENDMENT CYCLE NO. 1 OF 2026), TENTATIVE TRACT MAP NO. 20646 (TTM NO. 26-0006), TENTATIVE PARCEL MAP NO. 20851 (TPM NO. 23-000008), DESIGN REVIEW NO. 23-000011, AND CONDITIONAL USE PERMIT NO. 23-000005 FOR THE PROPERTY IDENTIFIED BY ASSESSOR’S PARCEL NUMBER 0239-081-52, INCLUDING AMENDMENTS TO EXHIBIT 15.8 AND 15.9 IN CHAPTER 15 OF THE GENERAL PLAN, SUBDIVISION OF THE PROPERTY, SITE AND ARCHITECTURAL APPROVAL OF A 69,617 SQUARE FOOT COMMERCIAL CENTER, AND A CONDITIONAL USE PERMIT AUTHORIZING THE SALE OF ALCOHOL FOR OFF-SITE CONSUMPTION IN CONNECTION WITH A GROCERY STORE AT THE COMMERCIAL CENTER, AND DIRECTING STAFF TO FILE A NOTICE OF DETERMINATION.

WHEREAS, on October 8, 1981, Assessor Parcel Number (“APN) 0239-081-52 was annexed from San Bernardino County and incorporated into the City of Fontana (“Project Site”); and WHEREAS, the current edition of the City of Fontana General Plan (“General Plan”) was adopted by the Fontana City Council (“City Council”) on November 13, 2018; and WHEREAS, on May 18, 2023, the City of Fontana (“City”) received an application from North Fontana Investment Company (“Specific Plan Applicant”) and Lewis Retail (“Commercial Center Applicant”) for General Plan Amendment (“GPA No. 23-000002”) to amend the General Plan land use designation for an approximately 9.3-acre site located at the northwest corner of Sierra Avenue and Terra Vista Drive (APN: 0239-081-52) from Residential Planned Community (R-PC) to General Commercial (C-G), Specific Plan Amendment (SPA) No. 23-000002 to amend the Arboretum Specific Plan land uses and map; Tentative Tract Map No. 20646 (“TTM No. 26-0006”) to reconfigure and parcelize the remaining planning areas and park sites in the specific plan area, Tentative Parcel Map No. 20851 (“TPM No. 23-000008”) to subdivide the commercial center, Design Review No. 23-000011 (“DRP No. 23-000011”) for site and architectural review of a proposed commercial center consisting of 69,617 square feet of commercial development (49,362 square foot grocery store with a 13,017 square foot inline shop building, 9,544 square foot pad building, and a 3,694 square foot drive thru restaurant), Conditional Use Permit No. 23-000005 (“CUP No. 23-000005”) for the sale of alcohol for off-site consumption in conjunction with the proposed grocery store, and Development Agreement No. 23-000012 to reflect modified land uses in the specific plan area, from North Fontana Investment Company (“Applicant”); and WHEREAS, GPA No. 23-000002, TTM No. 26-0006, TPM No. 23-000008, DRP No. 23-000011 and CUP No. 23-000005 are considered a “Project” as defined by the California Environmental Quality Act (CEQA); and WHEREAS, pursuant to the California Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) (“CEQA”), and the State CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et seq.) the City previously determined that a Program Environmental Impact Report (FEIR) be prepared pursuant to CEQA in order to analyze all potential adverse environmental impacts of the Arboretum Specific Plan Area; and WHEREAS, the City prepared and certified the Final Program EIR (FEIR) on September 23, 2009 for the Arboretum Specific Plan (SCH No. 2006071109) and Mitigation, Monitoring and Reporting Program (MMRP), consisting of comments received during the 45-day public review and comment period on the Draft FEIR, written responses to those comments, and revisions and errata to the Draft FEIR. For the purposes of this Resolution, the “FEIR” shall refer to the Draft FEIR, as revised by the Final FEIR’s errata section, together with the other sections of the Final FEIR; and WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of 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, by way of preparation of an addendum for the project, staff evaluated the project in light of the standards for subsequent environmental review outlined in Public Resources Code section 21166, State CEQA Guidelines section 15162 and City of Fontana’s 2019 Local Guidelines for Implementing CEQA by preparing an Addendum and accompanying technical reports; and WHEREAS, based on that evaluation, staff concluded that the FEIR fully analyzed and mitigated, where feasible, all potentially significant environmental impacts, if any, that would result from the Project, and therefore, no subsequent EIR or mitigated negative declaration is required; 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, GPA No. 23-000002, TTM No. 26-0006, TPM No. 23-000008, DRP No. 23-000011, and CUP No. 23-000005 are supported by the goals and policies of the General Plan; and WHEREAS, the Conditions of Approval have been prepared and are attached hereto as Exhibit “B” for TTM 26-0006, Exhibit “C” for TPM No. 23-000008, Exhibit “D” for DRP No. 23-000011, and Exhibit “E” for CUP No. 23-000005; and WHEREAS, on July 3, 2026, a notice of the public hearing was published in the Fontana Herald newspaper and simultaneously displayed at Steelworkers’ Auditorium and at the project site; and WHEREAS, on June 2, 2025, a duly noticed public hearing on GPA No. 23-000002, SPA No. 23-000002, TTM No. 26-0006, TPM No. 23-000008, DRP No. 23-000011, CUP No. 23-000005, and AGR No. 23-000012, 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 5-0 by Resolution PC No. 2026-022; and WHEREAS, on July 14, 2026, the City Council conducted a noticed public hearing on GPA No. 23-000002, SPA No. 23-000002, TTM No. 26-0006, TPM No. 23-000008, DRP No. 23-000011, CUP No. 23-000005, and AGR No. 23-000012 and received testimony from all parties and documentation from the Planning Commission’s public hearing on June 2, 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 Arboretum Specific Plan EIR, GPA No. 23-000002, SPA No. 23-000002, TTM No. 26-0006, TPM No. 23-000008, DRP No. 23-000011, CUP No. 23-000005, and AGR No. 23-000012, the City Council found the project to be 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 the life throughout the City, through effective land use and planning; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

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

Section 1. Recitals. The recitals are true, correct and incorporated herein by this 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 Arboretum Specific Plan FEIR and Addendum, 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 Arboretum Specific Plan FEIR contain a complete and accurate reporting of all of 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 8.06 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 Arboretum Specific Plan FEIR, the Addendum, and all related information presented to the City Council, the City Council finds that the proposed project necessitates only minor modifications to the Arboretum Specific Plan FEIR. Therefore, pursuant to State CEQA section 15164 and Section 8.06 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, an Addendum to the Arboretum 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 Projects because the projects:

Will not result in substantial changes that would require major revisions of the Arboretum 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 is developed that would require major revisions of the Arboretum 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 been known with the exercise of reasonable diligence at the time the Arboretum 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 different 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 Arboretum Specific Plan FEIR and all written and oral evidence presented to the City Council, the Council finds that all environmental impacts of the proposed project have been addressed within the Arboretum 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 supporting a fair argument that the proposed Project may result in any significant environmental impacts beyond those analyzed in the Arboretum 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 the Addendum to the Arboretum Specific Plan FEIR. The City Council hereby adopts the Addendum to the EIR for the Arboretum Specific Plan Program Environmental Impact Report (SCH No. 2006071109) and Mitigation, Monitoring, and Reporting Program (MMRP) that have been prepared pursuant State CEQA Guidelines Sections 15162 and 15164 along with the City of Fontana’s 2019 Local Guidelines for Implementing CEQA. The Council further directs staff to file a Notice of Determination.

Section 6. General Plan Amendment Findings. The City Council hereby makes the following findings for GPA No. 23-000002 in accordance with Section No. 30-31 “Purpose” of the Fontana Zoning and Development Code:

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

Findings of Fact: In order to maintain an updated General Plan that reflects the current needs and desires of the community and supports the long-term growth of the City, the City is updating the General Plan for the Commercial Project Site within the Arboretum Specific Plan to allow commercial land uses and development. The updated Arboretum Specific Plan includes goals and policies intended to support high-quality commercial and residential land development that responds to the City’s evolving land use needs. The updated general plan designation will allow commercial development that will be walkable from existing and future portions of the specific plan area and adjacent neighborhoods. Additionally, the commercial development will be strategically located along a gateway into the city from neighboring Rialto and from the I-15 freeway.

Section 7. Tentative Tract Map Findings. The City Council hereby makes the following findings for TTM No. 26-0006 in accordance with Section No. 26-55(e), “Hearing; criteria for approval.” of the FMC:

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

Findings of Fact: TTM No. 26-0006 is consistent with the General Plan Land Use Designation of Residential Planned Development (R-PC). The R-PC designation is intended for master-planned communities with specific plans. The tentative tract map subdivides the planning areas into parcels to facilitate future development of the remaining planning areas. The map is also consistent with the Arboretum Specific Plan because it parcelizes the planning areas in the Resort and Arboretum Villages as depicted on the specific plan’s land use map.

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

Findings of Fact: The design of TTM No. 26-0006 is consistent with the General Plan, as the lot size and street configuration conform to the requirements of the Land Use, Zoning, and Urban Design and Community Mobility and Circulation Elements of the General Plan. The design of TTM No. 26-0006 (20646) is consistent with the Arboretum Specific Plan because it parcelizes the planning areas in the Resort and Arboretum Villages as depicted on the specific plan’s land use map.

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

Findings of Fact: The Project Site is appropriate for future residential, commercial, and recreational development capacities established by the amended specific plan by virtue of its size, configuration, and location. This tentative tract map is not associated with a development application. However, the specific plan’s designated planning areas will be consistent with the tentative tract map and the development and design standards will allow for the development defined in the specific plan.

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

Findings of Fact: The design of TTM No. 26-0006 is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The project will not result in significant environmental impacts with the incorporation of mitigation measures. An Addendum to the program EIR for the Arboretum Specific Plan has been prepared and made a part of the environmental documentation for the project. Furthermore, conditions of approval are incorporated to ensure environmental impacts are reduced to a less-than-significant level.

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

Findings of Fact: The design of TTM No. 26-0006 will not cause public health problems. The development complies with the Zoning and Development Code, the General Plan and the amended Arboretum Specific Plan. Improvements include connection to public sewer, sidewalks, drainage, and grading to provide a safe and well-designed project.

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

Findings of Fact: The design of TTM No. 26-0006 (20646) and its public improvements will not conflict with access easements acquired by the public. The lots are accessed from Jurupa Avenue and Calabash Avenue, which are publicly maintained streets. Currently, there are no other public access easements through or within the Project Site.

Section 8. Tentative Parcel Map Findings. The City Council hereby makes the following findings for TPM No. 23-000008 in accordance with Section No. 26-218(d) “Processing of application,” of the Fontana Subdivision Code:

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

Findings of Fact: TPM No. 23-000008 is consistent with the amended General Plan Land Use Designation for the Project Site, which is General Commercial (C-G). The lot size meets the lot standards of the Zoning and Development Code. The tentative parcel map is a request to subdivide the site of a new commercial center for ownership purposes, which is a land use permitted in the General Plan and the amended Arboretum Specific Plan and the Zoning and Development Code.

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

Findings of Fact: The site design for TPM No. 23-000008 is consistent with the General Plan Land Use Designation for the Project Site, which is General Commercial (C-G), as the lot size and street configuration conform to the requirements of the Land Use, Zoning, and Urban Design and Community Mobility and Circulation Elements of the General Plan. The project includes all on-site and off-site improvements to meet all the General Plan goals and objectives as well as all of the zoning and specific plan requirements. Improvements consist of curb and gutter, sidewalks, drainage, and grading to provide a safe and well-designed project for the area.

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

Findings of Fact: The Project Site, consisting of approximately 9.2 adjusted gross acres, is adequate in size to accommodate the development of a commercial center consisting of approximately 72,872 square feet. The existing topography is suitable for the project, and development of the site does not require setback variances. Additionally, the lot size is consistent with surrounding industrial developments.

Findings of Fact: The design of TPM No. 23-000008 is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There will be no significant impacts on the environment with the implementation of mitigation measures as a result of project implementation. An Addendum to the program level Arboretum Specific Plan EIR has been prepared and is included as a part of the environmental documentation. The applicable mitigation measures and conditions of approval for this project are incorporated to ensure impacts are reduced to a less-than-significant level.

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

Findings of Fact: The design of TPM No. 23-000008 will not cause public health problems. The development complies with the Zoning and Development Code, the General Plan and the Arboretum Specific Plan. Improvements include connection to public sewer, sidewalks, drainage, and grading to provide a safe and well-designed project.

Findings of Fact: The design of TPM No. 23-000008 and public improvements will not conflict with access easements acquired by the public. The Project Site will be accessed from Sierra Avenue and Terra Vista Drive, which are or will be publicly maintained streets. Currently, there are no other public access easements through or within the Project site.

Section 9. Design Review Findings. The City Council hereby makes the following findings for Design Review No. 23-000011 in accordance with Section No. 30-120 “Findings for approval” of the Fontana Zoning and Development Code:

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

Findings of Fact: The project consists of the development of a new commercial center including an anchor building, inline shops, pad shops and a drive-thru restaurant building totaling 69,617 square feet on an approximately 9.2-acre site. The buildings will utilize the Santa Barbara architectural style and will feature clay roof tiles, a light neutral color palette, metal light fixtures and decorative elements, Spanish tile, stone veneer and arch accents. The site and building design comply with the criteria contained in the design review section of the Fontana Zoning and Development Code and the amended Arboretum Specific Plan. The project incorporates high-quality architecture, paving and landscaping that will make for an appropriate and desirable development.

The project is consistent with the amended General Plan Land Use Designation of C-G, which allows commercial land uses.

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

Findings of Fact: The project will incorporate Santa Barbara architectural style with a mix of material including smooth stucco, clay roof tiles, stone veneer, metal light fixtures and decorative accents, arches and Spanish tiles, which will complement the surrounding area. The project has been reviewed by the Planning Department, Building and Safety Department, Engineering Department and San Bernardino County Fire Department for compliance with the provisions of the FMC. Based on this review, it has been determined that the project meets all the requirements of the FMC. Additionally, the Project Site is adequate in terms of size, shape, topography, and accessibility to accommodate the commercial center. The Project Site provides sufficient parking and access, and the project will result in an appropriate commercial development. The proposed improvements will support public health, safety, and welfare for the community.

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

Findings of Fact: The professionally designed project will be compatible with the surrounding neighborhood consists of existing residential dwellings and an elementary school. The commercial center will include an anchor building (grocery store), inline shops, pad shops and a freestanding drive-thru restaurant. In addition to the proposed Santa Barbara architectural style buildings, the project includes on-site improvements such as landscaping, drainage, grading, and ADA-compliant pedestrian access to and from the public right-of-way. Compliance with the applicable building codes, zoning codes, and fire codes and standards will ensure a safe, attractive, and well-design project.

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

Findings of Fact: The project’s improvements will result in an appropriate, safe, and well-designed facility. All improvements and plans were reviewed by the Planning, Building and Safety, San Bernardino Fire, and Engineering Departments for site circulation, access, and safety. Conditions of approval have been prepared to ensure the project is constructed and operated in a safe and well-design manner.

Section 10. Conditional Use Permit Findings. The City Council hereby makes the following findings for CUP23-000005 in accordance with Section No. 30-150 “findings for approval” for conditional use permits of the Fontana Zoning and Development Code: 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, any applicable Specific Plan or Area Plan, and City Regulations/standards.

Findings of Fact: The amended General Plan Land Use Designation for the Project Site is C-G. The Project Site is located in the General Commercial Land Use Designation in the amended Arboretum Specific Plan, which defers to the land use and development standards of the General Commercial (C-2) zoning district in the Zoning and Development Code. In accordance with the General Plan and the Arboretum Specific Plan, alcohol sales for off-site consumption are allowed subject to the approval of a conditional use permit. The Conditions of Approval will assist in regulating the off-premise sale of alcohol at the grocery store on the Project Site, including security measures and hours of operation.

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: Alcohol sales will take place within a grocery store as part of newly constructed commercial center. The physical characteristics of the site were reviewed by the Fontana Planning Department and it was determined that the site met the requirements for setbacks, walls, landscaping requirements and applicable Zoning and Development Code at the time the physical building was approved. On-site circulation will be adequate with driveway access points to the site on Sierra Avenue and Terra Vista Drive. The addition of the ABC license will not negatively impact access or utilities, nor will it create any physical constraints. The conditions of approval, in conjunction with the requirements of state law for an ABC license will ensure that the use will not negatively impact any related performance criteria as identified in Zoning and Development Code Section No. 30-492(7) nor any development standards of the Zoning and Development Code.

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 are no anticipated adverse effects to the neighboring sites or their permitted uses by this ABC license. The project has been reviewed by the Planning Department, Engineering Department, Building and Safety Department, and San Bernardino County Fire Department for site circulation, access, and safety and the project was found to meet the requirements for all applicable building code, zoning, and fire code standards.

Finding No. 4: That the proposed use will meet the finding of “Public Convenience or Necessity”.

Findings of Fact: The City Council may recommend that the City Council find that this application would be considered a “public benefit” and therefore meets the definition of “Public Convenience or Necessity”. The newly constructed grocery store will be the first in the general vicinity and those living in the area will enjoy the convenience of shopping for food, household goods and alcohol in close proximity to homes.

The commercial center is located within Census Tract 27.09. According to ABC, two (2) off-sale licenses are allowed within Census Tract 27.09. Currently, there are five (5) off-sale licenses within the Census Tract. Therefore, this Census Tract would be categorized by ABC as over-concentrated. New license may be issued by ABC where a tract is over-concentrated, provided that a finding of Public Convenience of Necessity is found in the local jurisdiction.

Section 11. General Plan Amendment Approval. Based upon the findings in Section 6, the City Council hereby approves GPA No. 23-000002 as reflected in Exhibit “A” attached hereto and incorporated herein by this reference as fully set forth herein.

Section 12. Tentative Tract Map Approval. Based on the findings in Section 7 the City Council hereby approves TTM No. 26-0006 subject to the Conditions of Approval, which are attached hereto as Exhibit “B” and incorporated herein by this reference as fully set forth herein.

Section 13. Tentative Parcel Map Approval. Based on the findings in Section 8, the City Council hereby approves TPM No. 23-000008, subject to the Conditions of Approval attached here to as Exhibit “C” and incorporated herein by this reference as fully set forth herein.

Section 14. Design Review Approval. Based on the findings in Section 9, the City Council hereby approves DRP No. 23-000011 subject to the Conditions of Approval attached here to as Exhibit “D” and incorporated herein by this reference as fully set forth herein.

Section 15. Conditional Use Permit Approval. Based on the findings in Section 10, the City Council hereby approves CUP No. 23-000005 subject to the Conditions of Approval attached here to as Exhibit “E” and incorporated by reference as fully set forth herein.

Section 16. 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 17. Certification. The City Clerk of the City Council shall certify to the adoption of this Resolution.

Section 18. Effective Date. This Resolution shall take effect thirty (30) days after the adoption of the City Council Ordinance adopting Specific Plan Amendment No. 23-000002 and City Council Ordinance adopting Development Agreement No. 23-0000012, whichever is adopted later, provided however, if either Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect.

Section 19. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application.

APPROVED AND ADOPTED 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 Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting thereof, held on the 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”
EXISTING AND PROPOSED GENERAL PLAN LAND USE DESIGNATION For the project site comprised of ONE (1) PARCEL (APN: 0239-081-52) from Residential Planned Community (R-PC) to general COMMERCIAL (C-g) EXHIBIT “B”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 23-000044 July 14, 2026 Tentative Tract Map No. 20646 (TTM No. 26-0006)
LOCATION: Arboretum Specific Plan Area – Generally bound by Grapeland Street to the north, Casa Grande Avenue to the south, Sierra Avenue to the east and Citrus Avenue to the west PLANNING DEPARTMENT:

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:

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

This Tentative Tract Map (TTM) shall become null and void two (2) years from the date of approval as specified in Section 30-297 of the Zoning and Development Code unless it has been extended as provided for in Section 26-58 of the Fontana Municipal Code.

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

In the event of any such third-party action or proceeding, the City shall have the right to retain its own separate legal counsel to defend the interests of the City. The applicant shall be responsible for reimbursing the City for such legal fees and costs, in their entirety, including actual attorneys’ fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth The City of Fontana and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval. Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance.

The applicant/developer shall comply with the mitigation measures identified in the CEQA Addendum Mitigation (SCH No. 2006071109) Monitoring and Reporting Program (MMRP) as approved by the City Council.

Tentative Tract Map No. 26-0006 (TTM No. 20646) shall comply with all applicable development standards of Chapter 26 (Subdivisions), Chapter 30 (Zoning and Development, and the Subdivision Map Act.

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

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

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

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

Fire Access Road Width: Prior to map recordation, all fire access roadways shall be designed to meet the requirements for this development and shall be approved by the Fire Department. All buildings shall have access provided by approved roads, alleys, and private drives with a minimum twenty-six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. Buildings three (3) stories in height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height. California Fire Code Chapter 5 & SBCoFD Standard A-1.

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

Fire Lanes: All curbs adjacent to fire lanes shall be painted red and “No Parking, Fire Lane” signs shall be installed on public and private roads in accordance with approved standards. SBCoFD Standard A-2.

Water System Commercial: All water supply systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using Appendix BB of the California Fire Code. A minimum of one new six (6) inch fire hydrant assembly with two (2) two and one half (2 1/2) inch and one (1) four (4) inch outlet (4”x2.5”x2.5”) shall be provided. All fire hydrants shall be spaced no more than three hundred (300) feet apart as measured along vehicular travel-ways. California Fire Code Chapter 5 & SBCoFD Standard W-2. The Fire Flow for this project shall be: 2,875 GPM for a two-hour duration at 20 psi residual operating pressure. Fire Flow is based on a 46,362 Square Foot structure.

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

Water Improvement Plan: The applicant shall submit “Water Improvement Plans” to Fontana Fire Prevention. W.I.P. to include site plan, existing & proposed PUBLIC fire hydrant locations, building construction type, square foot details of the largest building, total square foot of ALL floors in a multifloored building, square foot size of entire site, and description of what is being constructed/occupancy type. Once approved by Fire Department, applicant will provide stamped/approved W.I.P to water purveyor for their construction needs. ON-SITE PRIVATE FIRE WATER SUPPLY SHALL BE INSPECTED AND IN WORKING CONDITION PRIOR TO PLACING COMBUSTIBLE MATERIALS ON THE JOBSITE. California Fire Code Chapter 5.

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

Fire Sprinkler-NFPA #13: An automatic fire sprinkler system complying with NFPA 13 and Fire Department standards is required. A fire sprinkler contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval. The plans shall include hydraulic calculations and manufacturer specification sheets. The required fees shall be paid at the time of plan submittal. California Fire Code Chapter 9 & SBCoFD Standard F-1.

Hood and Duct Extinguishing system: An automatic hood and duct fire extinguishing system is required. A licensed contractor shall submit three (3) sets of detailed plans (minimum 1/8” scale) with manufactures’ specification sheets to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal. California Fire Code Chapter 9, NFPA 17A, & NFPA 96.

Fire Alarm, Manual or Automatic: A manual, automatic or manual and automatic fire alarm system complying with the California Fire Code, NFPA 72 and all applicable codes is required. A fire alarm contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal. California Fire Code Chapter 9, SBCFD Standard F-5, & NFPA 72.

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

Commercial Addressing: Commercial, industrial, and multi-family developments of 100,000 sq. ft or less shall have the street address installed on the building with numbers that are a minimum eight (8) inches in height and with a one (1) inch stroke. The street address shall be visible from the street. During the hours of darkness, the numbers shall be electrically illuminated (internal or external). Where the building is two hundred (200) feet or more from the roadway, additional non-illuminated contrasting six (6) inch numbers shall be displayed at the property access entrances. California Fire Code Chapter 5 & SBCoFD Standard B-1 Key Box: An approved Fire Department key box is required. The key box shall be provided with a tamper switch and shall be monitored by a Fire Department approved central monitoring service. California Fire Code Chapter 5 & SBCoFD Standard A-4 Secondary Access: The development shall have a minimum of two points of vehicular access during each phase of construction for fire and emergency access purposes and for evacuation routes. SBCoFD Standard A-1 San Bernardino County Fire Standards/Codes: Items not directly called out on these Conditions of Approval, shall also adhere to currently adopted San Bernardino County Fire Standards, California Fire Code, & NFPA.

BUILDING AND SAFETY DEPARTMENT
The applicant shall design the project to show compliance with the latest adopted edition of the following codes as applicable:

A. California Building Code
B. California Electrical Code
C. California Mechanical Code
D. California Plumbing Code
E. California Energy Code
F. California Fire Code
G. California Green Building Standards Code
H. City of Fontana Ordinance.

I. Disabled access for the site and building must be in accordance to the State of CA and ADA regulations.

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

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

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

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

The applicant shall comply with the following grading requirements:

Grading plans shall be submitted to and approved by Building & Safety. The grading plans shall indicate all site improvements and shall indicate complete drainage paths of all drainage water run-offs.

All drainage water shall drain via approved methods to an approved location, such as a public street, a public drainage system, etc.

Drainage water shall not cross over a public sidewalk. Drainage water may, however, cross under a sidewalk if an approved drainage structure is used.

A recorded drainage acceptance agreement is required from adjoining property(s) receiving flows from this property.

No water course or natural drainage shall be obstructed.

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

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

A complete hydrology study using the latest edition of the San Bernardino County Flood Control Hydrology Manual, and complete hydraulic calculations justifying the size, slope, capacity, etc. of any and all drainage structures being utilized, shall be submitted to and approved by Building & Safety. The on-site drainage system shall, as a minimum, be designed to handle the run-off generated by a ten (10) year storm. Check for flooding of all on-site structures (buildings) and all adjacent properties during a hundred (100) year storm.

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

The relationship between the proposed finished on-site grade elevations and the existing adjacent property grade elevations (Indicate any additional drainage water that may come from an adjacent property.); and The ground cover/finished surface material being proposed (e.g., type of pavement, plant material, etc.); and All proposed drainage structures; and
Any proposed and/or required walls or fencing.

The applicant is required to obtain permits for the removal and/or demolition of structures. (if required) The applicant shall verify that all exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.

PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS
The following items (as applicable) shall be completed by the applicant and submitted to Building & Safety prior to the issuance of building permits for this project:

Precise grading plans shall be approved.

Rough grading completed.

Compaction certification
Pad elevation certification
Rough grade inspection signed off by a City Building Inspector ENGINEERING DEPARTMENT – LAND DEVELOPMENT DIVISION
The Project shall be served by the City’s sanitary sewer system, all sewer facilities shall be constructed in accordance with the City Standards. Main trunk sewer line shall be in accordance with master sanitary sewer plan or as approved by the City Engineer.

The Applicant shall obtain design and plan approval from all utility providers having jurisdiction over the on-site and off-site utilities. Completion of all undergrounding of on-site and off-site utilities is required by Section 27-52 of the City Municipal Code and in accordance with plans and specifications approved by the City Engineer.

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

The Applicant shall design and construct Certified Full Capture Devices in catch basins located in the public right of way as required by Water Code 13383 Orders that implement statewide trash provisions. Device selection shall be approved by the City Engineer.

The Applicant shall resolve mitigation measures specified in the project environmental impact report with the monitoring period specified in the EIR.

PRIOR TO ISSUANCE OF GRADING PERMIT
The Applicant shall submit engineered Rough Grading Plans and obtain full approval. Rough Grading Plans shall conform to the California Building Code, the California Residential Code, Fontana Municipal Code, and Fontana Standard Plans and Specifications.

The Applicant shall submit engineered Precise Grading Plans and obtain full approval. Precise Grading Plans shall conform to the California Building Code, the California Residential Code, Fontana Municipal Code, and Fontana Standard Plans and Specifications. Rough Grading Pad Certification is required to be submitted to the Engineering Department prior to precise grading permit issuance.

The Applicant shall submit and gain approval of a complete Water Quality Management Plan report in accordance with the County of San Bernardino Technical Guidance Document and latest template.

The Applicant shall submit and obtain approval for a Final Drainage Study and comprehensive hydraulic analysis prepared in accordance with the County of San Bernardino Hydrology Manual and the City of Fontana Master Plan of Drainage. This study must resolve all outstanding comments from the preliminary report and evaluate both the project site and all affected off-site improvements. If the Grapeland channel cannot be acquired/constructed to address offsite flows the project shall gain approval of an alternative means of mitigation in accordance with the County of San Bernardino Hydrology Manual and the City of Fontana Master Plan.

The Applicant/Engineer of Record shall submit a conforming copy of the recorded Memorandum of Agreement for the Water Quality Management Plan and Storm Water Best Management Practices transfer. The Access, Maintenance, and the WQMP Certification for BMP Completion must be submitted to the City Project Engineer. The recorded agreement shall follow the requirements set out in the MS4 permit that ensure proper long term operation and maintenance of post-construction BMPs are carried out in perpetuity, including an easement over the offsite BMP for access by city personnel, maintenance obligation and acceptance of water quality stormwater.

PRIOR TO MAP RECORDATION
Applicant shall provide a Subdivision Improvement Agreement, with accompanying security. The agreement shall be executed on City-provided forms.

The Applicant shall submit a Community Facility District (CFD) maintenance map that meets Engineering requirements for size and format as required for the development showing the CFD boundary and maintenance requirements, obtain approval of the map and complete the first public hearing for formation of the CFD.

Complete all conditions applicable to grading permit conditions of approval prior to the recordation of the map.

As required by the City Engineer, form a maintenance CFD for ongoing maintenance costs for City streetlights, public landscaping within and adjacent to perimeter streets and, large open channels.

Where offsite improvements are required for this project and neither the developer nor the city has sufficient title or interest in the land where said improvements are to be constructed, and the developer has been unable to secure an easement or license needed for said improvements prior to map recordation, the city and developer shall enter into an agreement in conformance with Government Code Section 66462.5. prior to map recordation. The agreement shall provide for a reasonable schedule for the developer to complete said offsite improvements upon city acquisition of the interest in the land that will permit the improvements to be made. Regardless of the agreement, this condition shall not supersede the need for proper provisions for flood protection, emergency access and similar protections to be installed prior to issuance of building permits.

PRIOR TO ISSUANCE OF ANY OTHER CONSTRUCTION PERMITS
A phasing plan shall be approved by the City Engineer prior to the issuance of any construction permit. The phasing plan shall comply with “The Resort Village Traffic Impact Analysis,” prepared by Translutions, February 10, 2026, as approved on May 26, 2026. Approval of all required improvement plans shall comply with the approved phasing plan. Phasing plan shall include all dry, wet and other utilities as required for the project. Utilities shall be phased as appropriate for the TIA improvements or as required by the project conditions.

Each Phase will include the following information:

Clearly define the boundary of each phase
Clear understanding of improvements included in each phase Clear understanding of the Building Permits capacity limit for each phase Phases need to be consistent with the mitigation requirements in the EIR/TIA.

Phasing exhibit and improvements will need to be approved by City Engineer.

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

The Applicant shall submit engineered improvement plans and obtain full approval. All required public improvements, including but not limited to streets, storm drainage systems, sewers, decorative streetlights, striping, signs, landscape, median improvements, interconnect and any required traffic control and/or detour plans. For a full list of traffic requirements, refer to the Traffic Division's conditions of approval. All plans shall conform to City Standards and Specifications, and as approved by the City Engineer.

The applicant shall construct all street, streetlight, signing and striping, traffic signals, interconnect, median, sewer and storm drain improvements along Duncan Canyon Road in accordance with the Arboretum Specific Plan and project plans.

The applicant shall construct all street, streetlight, signing and striping, median, sewer and storm drain improvements along Cypress Ave Road in accordance with the Arboretum Specific Plan and project plans.

The applicant shall construct all street, streetlight, signing and striping, traffic signals, interconnect, median, and storm drain improvements along Sierra Ave in accordance with the Arboretum Specific Plan and project plans.

The applicant shall construct all storm drain channel/ditch, street, streetlight, signing and striping, and storm drain improvements along Grapeland Ave. in accordance with the Arboretum Specific Plan and project plans. Storm drain ditch to be constructed to an acceptable terminus location as required per the project plans and drainage report.

The applicant shall construct all street, streetlight, signing and striping, sewer and storm drain improvements along Terra Vista Ave in accordance with the Arboretum Specific Plan and project plans.

The applicant shall coordinate all existing/proposed/future offsite improvements outside the project boundary limits with the appropriate responsible neighboring property owners and easement holders along the perimeter improvements.

On behalf of the City, the Applicant shall acquire an access and maintenance agreement from Southern California Edison/SoCalGas for proposed City facilities through the Southern California Edison/SoCalGas utility corridor. Access and easement shall be designed and constructed to the satisfaction of the City Engineer.

Prior to Issuance of Final certificate of occupancy
Complete all public improvements required of the project. Underground utilities required of the project. Ensure streetlights are energized and operating properly.

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

Slurry seal roads effected by the development as directed by the inspector. Slurry seal limits may extend past the project frontage to address existing striping/pavement markings that conflicts with new striping/pavement markings, repair trenches, and other areas as determined by the inspector.

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

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

All sewers shall be video inspected by applicant/contractor. Sewer video shall include clean-out connection, clean-out to lateral segment, lateral, and main line. Contractor performing the video inspection must have a NASSCO PACP, LACP, and MACP certification. Applicant shall provide a copy of the video on DVD or flash drive to inspection staff with an accompanying full report. Videos to be inspected and approved by City Inspector. If removal and replacement of any utility is required, a subsequent video of the repair will be required.

All storm drains shall be video inspected by applicant/contractor. Storm drain video shall include main lines and laterals. Applicant shall provide a copy of the video on DVD or flash drive to inspection staff. Videos to be inspected and approved by City Inspector. If removal and replacement of any utility is required, a subsequent video of the repair will be required.

The Engineer of Record shall submit a Final Grade Certification to the City Project Engineer for each building that a Certificate of Occupancy is being requested.

ENGINEERING DEPARTMENT – TRAFFIC DIVISION
Project ingress and egress locations and restrictions shall be as follows, with additional or lesser restrictions being necessitated subject to changes in the Specific Plan Area or resulting from separate development entitlements within the Specific Plan Area, and at the approval of the City Engineer:

Access to private roadways within the Specific Plan Area from the public Right-of-Way shall be accommodated by the following intersections:

Cypress Avenue/Terra Vista Drive
Cassava Avenue/Grapeland Street
Cassava Avenue/Duncan Canyon Road
Sierra Avenue/Commercial Driveway (between Grapeland Street and Terra Vista Drive) Sierra Avenue/Terra Vista Drive
Where emergency vehicle access to the public Right-of-Way is required or provided, such access points shall be designed and constructed to permit emergency vehicle ingress and egress only. Regular ingress/egress shall not be permitted at emergency vehicle access points.

Should ingress and egress restrictions be necessitated, the restrictions shall be reinforced with appropriate access design, including but not limited to: signage and pavement markings; on-site channelizing islands; and/or raised median islands, as deemed necessary by the City Engineer.

Left-turn ingress and/or egress at all access locations may be restricted in the future due to traffic operational or safety concerns. Alternatives to such restrictions may be considered, subject to approval of the City Engineer.

At no time shall the design and gating of access points within the Specific Plan Area require vehicles to reverse into a travel lane in the public Right-of-Way in order to depart or turn around. This requirement may be excluded if the gate is manned at all times with personnel who may permit an errant driver to enter the site in order to turn around and depart.

All access points within the Specific Plan Area must be shown to meet the required intersection sight distance and/or stopping sight distance standards both horizontally and vertically at all ingress/egress locations including consideration for walls, landscaping, grading, and vegetation. Sight distances shall comply with current AASHTO requirements.

Future development site plans within the Specific Plan Area shall identify the on-site vehicular traffic flow patterns and circulation, on-site signing and striping, and any restricted, reserved, or other pre-designated parking areas.

Future development site plans within the Specific Plan Area shall depict the location of bicycle parking. The number of bicycle parking spaces shall be determined in compliance with the City of Fontana Zoning and Development Code. Bicycle parking shall comply with the Association of Pedestrian and Bicycle Professionals’ (APBP) bicycle parking design guidance. In the event that the Fontana Zoning and Development Code and the APBP guidance differ, the Fontana Zoning and Development Code requirements shall prevail.

Future development site plans within the Specific Plan Area shall identify all pedestrian access ways and traffic crossings. Crossings shall be clearly marked, lighted, and identified throughout the interior of the project. Pedestrian walkways shall have sufficient pathway lighting.

Future development site plans within the Specific Plan Area shall identify the Americans With Disabilities Act (ADA) compliant path(s) of travel to/from the public right of way and from all ADA accessible parking spaces.

The Applicant shall comply with all transportation-related Mitigation Measures identified in the adopted Addendum to the Specific Plan Environmental Impact Report (EIR) for the Resort Village Update Project, as set forth in the Mitigation Monitoring Reporting Program (MMRP) for the Resort Village Update, as such Measures may be amended through subsequent environmental review and approvals. The Applicant shall comply with all applicable MMRP requirements whether specifically identified in these Conditions of Approval or not.

PRIOR TO ISSUANCE OF ANY CONSTRUCTION PERMITS
A phasing plan shall be approved by the City Engineer prior to the issuance of any construction permit. The phasing plan shall comply with “The Resort Village Traffic Impact Analysis,” prepared by Translutions, February 10, 2026 and “The Resort Village Funding Mechanisms for Future Year (2050),” prepared by Translutions, May 6, 2026, as approved on May 26, 2026. Approval of all required improvement plans shall comply with the approved phasing plan.

All required construction improvements and fair share contributions related to the approved phasing plan based on “The Resort Village Traffic Impact Analysis,” prepared by Translutions, February 10, 2026 and “The Resort Village Funding Mechanisms for Future Year (2050),” prepared by Translutions, May 6, 2026, as approved on May 26, 2026, shall be completed prior to the issuance of any Certificate of Occupancy associated with each phase.

Each phase shall include the following information:

Phasing exhibit and improvements will need to be approved by City Engineer.

The Applicant shall submit and obtain full approval of street improvement plans for all roadway improvements within the following extents, including such distance as required to tie-in to existing conditions:

Cypress Avenue between Grapeland Street and Duncan Canyon Road Sierra Avenue between Grapeland Street and Duncan Canyon Road Grapeland Street between Cypress Avenue and Sierra Avenue Terra Vista Drive between Private Street and Sierra Avenue Duncan Canyon Road between Cypress Avenue and Sierra Avenue The Applicant shall submit and obtain full approval of signing and striping plans for all roadway improvements within the following extents, including such distance as required to tie-in to existing conditions:

Cypress Avenue between Grapeland Street and Duncan Canyon Road Sierra Avenue between Grapeland Street and Duncan Canyon Road Grapeland Street between Cypress Avenue and Sierra Avenue Terra Vista Drive between Private Street and Sierra Avenue Duncan Canyon Road between Cypress Avenue and Sierra Avenue The Applicant shall submit and obtain full approval of street improvement plans for all private roadways within the Specific Plan Area.

The Applicant shall submit and obtain full approval of signing and striping plans for all private roadways within the Specific Plan Area.

If construction or design of future development projects within the Specific Plan Area impacts the location of traffic signal poles or other traffic signal equipment in the public right-of-way in such a manner that the equipment requires relocation, the Applicant shall provide signal modification plans, and shall be responsible for all necessary improvements associated with the modifications at the subject intersection.

The Project shall design and obtain full approval of a new traffic signal at the intersection of Arboretum Avenue and Duncan Canyon Road.

The intersection and traffic signal shall be designed to accommodate at minimum the following lane configurations:

Northbound: One left-turn lane and one shared through/right-turn lane Eastbound: One shared left-/through/right-turn lane
Westbound: One shared left-/through/right-turn lane
Future modifications to The Arboretum Specific Plan – Arboretum Village and/or the classification of the north leg of Arboretum Avenue may necessitate changes to the ultimate intersection and traffic signal design.

The intersection may be required to accommodate additional or reduced lane configuration, subject to further study and the approval of the City Engineer.

The length of each turn lane shall be of sufficient length to accommodate at minimum the vehicular queues identified in the Project’s traffic analysis (“The Resort Village Traffic Impact Analysis,” Translutions, February 10, 2026), subject to further study and the approval of the City Engineer.

The project shall design the related signal fiber interconnect to connect this signal to the City’s Traffic Management Center (TMC).

The Project shall design and obtain full approval of a new traffic signal at the intersection of Cypress Avenue and Duncan Canyon Road.

The intersection and traffic signal shall be designed to accommodate at minimum the following lane configurations:

Northbound: One left-turn lane, one through lane, and one right-turn lane Southbound: One left-turn lane, two through lanes, and one right-turn lane Eastbound: One left-turn lane, one through lane, and one right-turn lane Westbound: One left-turn lane, one through lane, and one right-turn lane The intersection may be required to accommodate additional or reduced lane configuration, subject to further study and the approval of the City Engineer.

The length of each turn lane shall be of sufficient length to accommodate at minimum the vehicular queues identified in the Project’s traffic analysis (“The Resort Village – Queue Analysis Memo for Lane Configurations,” Translutions, May 4, 2026), subject to the approval of the City Engineer.

The project shall design the related signal fiber interconnect to connect this signal to the City’s Traffic Management Center (TMC).

The Project shall design and obtain full approval of a new traffic signal at the intersection of Cassava Avenue and Duncan Canyon Road.

The intersection and traffic signal shall be designed to accommodate at minimum the following lane configurations:

Northbound: One left-turn lane and one shared through/right-turn lane Southbound: One left-turn lane and one shared through/right-turn lane Eastbound: One left-turn lane, one through lane, and one shared through/right-turn lane Westbound: One left-turn lane, one through lane, and one shared through/right-turn lane The intersection may be required to accommodate additional or reduced lane configuration, subject to the approval of the City Engineer.

The project shall design the related signal fiber interconnect to connect this signal to the City’s Traffic Management Center (TMC).

The Project shall design and obtain full approval of a new traffic signal at the intersection of Sierra Avenue and Grapeland Street-Segovia Avenue.

The intersection and traffic signal shall be designed to accommodate at minimum the following lane configurations:

Northbound: One left-turn lane, two through lanes, and one right-turn lane Southbound: One left-turn lane, two through lanes, and one right-turn lane Eastbound: One shared left-/through/right-turn lane
Westbound: One shared left-/through lane and right-turn lane The westbound approach to the signal shall be designed to accommodate in the ultimate condition a left-turn lane and protected westbound left-turn phasing, and a shared through/right-turn lane.

The intersection may be required to accommodate additional or reduced lane configuration, subject to the approval of the City Engineer.

The project shall design the related signal fiber interconnect to connect this signal to the City’s Traffic Management Center (TMC).

The Project shall design and obtain full approval of a new traffic signal at the intersection of Sierra Avenue and the Project’s Commercial Driveway (located between Grapeland Street and Terra Vista Drive).

The intersection and traffic signal shall be designed to accommodate at minimum the following lane configurations:

Northbound: One left-turn lane and three through lanes
Southbound: Three through lanes and one right-turn lane Eastbound: One left-turn lane and one right-turn lane
The intersection may be required to accommodate additional or reduced lane configuration, subject to the approval of the City Engineer.

The intersection shall be designed as a three-leg intersection, with no leg on the east side.

The project shall design the related signal fiber interconnect to connect this signal to the City’s Traffic Management Center (TMC).

The Project shall design and obtain full approval of traffic signal modifications at the intersection of Sierra Avenue and Terra Vista Drive.

The intersection and traffic signal shall be designed to accommodate at minimum the following lane configurations:

Northbound: One left-turn lane, three through lanes, and one right-turn lane Southbound: One left-turn lane, three through lanes, and one right-turn lane Eastbound: One left-turn lane, one through lane, and one right-turn lane Westbound: One left-turn lane, one through lane, and one right-turn lane The intersection may be required to accommodate additional or reduced lane configuration, subject to the approval of the City Engineer.

The signal shall be designed to provide a northbound right-turn overlap phase. Type 15 or larger poles shall be required for any five-section signal heads.

The project shall design the related signal fiber interconnect to connect this signal to the City’s Traffic Management Center (TMC).

The Project shall design and obtain full approval of traffic signal modifications at the intersection of Sierra Avenue and Duncan Canyon Road.

The intersection and traffic signal shall be designed to accommodate at minimum the following lane configurations:

Northbound: Two left-turn lanes, two through lanes, and one right-turn lane Southbound: One left-turn lane, three through lanes, and one right-turn lane Eastbound: Two left-turn lanes, one through lane, and one right-turn lane Westbound: One left-turn lane, one through lane, and one right-turn lane Future development projects located on the east side of Sierra Avenue may necessitate changes to the ultimate intersection and traffic signal design.

The intersection may be required to accommodate additional or reduced lane configuration, subject to the approval of the City Engineer.

The project shall design the related signal fiber interconnect to connect this signal to the City’s Traffic Management Center (TMC).

PRIOR TO ISSUANCE OF ANY CERTIFICATES OF OCCUPANCY
All required construction improvements and fair share contributions related to the approved phasing plan based on “The Resort Village Traffic Impact Analysis,” prepared by Translutions, February 10, 2026 and “The Resort Village Funding Mechanisms for Future Year (2050),” prepared by Translutions, May 6, 2026, as approved on May 26, 2026, shall be completed prior to the issuance of any Certificate of Occupancy associated with each phase.

Each phase shall include the following information:

Phasing exhibit and improvements will need to be approved by City Engineer.

The Applicant shall construct all street improvements with the following extents, including such distance as required to tie-in to existing conditions.

Cypress Avenue between Grapeland Street and Duncan Canyon Road Sierra Avenue between Grapeland Street and Duncan Canyon Road Grapeland Street between Cypress Avenue and Sierra Avenue Terra Vista Drive between Private Street and Sierra Avenue Duncan Canyon Road between Cypress Avenue and Sierra Avenue The Applicant shall install all signing and striping within the following extents, including such distance as required to tie-in to existing conditions:

Cypress Avenue between Grapeland Street and Duncan Canyon Road Sierra Avenue between Grapeland Street and Duncan Canyon Road Grapeland Street between Cypress Avenue and Sierra Avenue Terra Vista Drive between Private Street and Sierra Avenue Duncan Canyon Road between Cypress Avenue and Sierra Avenue The Applicant shall not open Cypress Avenue north of the northernmost public elementary school driveway for access of any kind until such time as Grapeland Street is constructed and opened for public access.

The Applicant shall not open Grapeland Street west of Cassava Avenue for access of any kind until such time as Cypress Avenue is constructed and opened for public access.

Cypress Avenue and Grapeland Street shall be fully constructed and opened for public access prior to the issuance of the first residential Certificate of Occupancy in the Resort Village Planning Areas R-9 through R-13.

All street improvements, signing and striping, traffic signal, and signal interconnect, including such distance as required to tie-in to existing conditions, as required, for Grapeland Street east of Cassava Avenue and for Sierra Avenue between Grapeland Street and Terra Vista Drive shall be constructed prior to the issuance of the first residential Certificate of Occupancy in the Resort Village Planning Areas R-1 through R-3.

All street improvements, signing and striping, traffic signal, and signal interconnect, including such distance as required to tie-in to existing conditions, as required, for Duncan Canyon Road between Cassava Avenue and Sierra Avenue and for Sierra Avenue between Terra Vista Drive and Duncan Canyon Road shall be constructed prior to the issuance of the first residential Certificate of Occupancy in the Resort Village Planning Areas R-4 through R-6.

All street improvements, signing and striping, traffic signal, and signal interconnect, including such distance as required to tie-in to existing conditions, as required, for Duncan Canyon Road between Cypress Avenue and Cassava Avenue and for Cypress Avenue between Terra Vista Drive and Duncan Canyon Road shall be constructed prior to the issuance of the first residential Certificate of Occupancy in the Resort Village Planning Areas R-7 through R-8.

If construction or design of future development projects within the Specific Plan Area impacts the location of traffic signal poles or other traffic signal equipment in the public right-of-way in such a manner that the equipment requires relocation, the Applicant shall construct any necessary signal modifications, and shall be responsible for all necessary improvements associated with the modifications at the subject intersection.

The project shall coordinate with the City Traffic Engineer to conduct a signal timing, cycle length, and coordination analysis for the intersection of Citrus Avenue and Casa Grande Avenue.

The analysis shall include the collection of the appropriate data, analysis of signal timing and performance, and preparation of recommendations.

The effort will include the preparation of signal timing plans for implementation, subject to the approval of the City Engineer.

Where recommended changes will require equipment or infrastructure modifications or new installation, the Project shall be responsible for the design, construction, and implementation of such at the intersection of Citrus Avenue and Casa Grande Avenue, subject to the approval of the City Engineer.

In coordination with the City Traffic Engineer and at the approval of the City Engineer, the Project may instead install devices/infrastructure necessary to monitor the signal timing and performance across the corridor/s.

The Project shall design, obtain full approval of the required plans, and construct the signal modifications needed at the intersection of Citrus Avenue and Summit Avenue to implement a westbound right-turn overlap phase, subject to the approval of the City Engineer. Type 15 or larger poles shall be required for any five-section signal heads.

The Project shall construct a new traffic signal at the intersection of Arboretum Avenue and Duncan Canyon Road.

The intersection and traffic signal shall be constructed to accommodate at minimum the following lane configurations:

The intersection may be required to accommodate additional or reduced lane configuration, subject to further study and the approval of the City Engineer.

The project shall construct the related signal fiber interconnect to connect this signal to the City’s Traffic Management Center (TMC).

The Project shall construct a new traffic signal at the intersection of Cypress Avenue and Duncan Canyon Road.

The intersection and traffic signal shall be constructed to accommodate at minimum the following lane configurations:

The project shall construct the related signal fiber interconnect to connect this signal to the City’s Traffic Management Center (TMC).

The Project shall construct a new traffic signal at the intersection of Cassava Avenue and Duncan Canyon Road.

The intersection and traffic signal shall be constructed to accommodate at minimum the following lane configurations:

The project shall construct the related signal fiber interconnect to connect this signal to the City’s Traffic Management Center (TMC).

The Applicant shall make a fair-share contribution towards the construction of future regional transportation improvements at the following locations. The contribution shall amount to $373,000 in total, as determined based on the project’s proportional share of projected traffic impacts and the estimated cost of the improvement (“The Resort Village Funding Mechanisms For Future Year (2050),” Translutions, May 6, 2026).

Sierra Avenue/I-15 Freeway Southbound On- and Off-Ramps Sierra Avenue/I-15 Freeway Northbound On- and Off-Ramps The Project shall construct a new traffic signal at the intersection of Sierra Avenue and Grapeland Street-Segovia Avenue.

The intersection and traffic signal shall be constructed to accommodate at minimum the following lane configurations:

Northbound: One left-turn lane, two through lanes, and one right-turn lane Southbound: One left-turn lane, two through lanes, and one right-turn lane Eastbound: One shared left-/through/right-turn lane
Westbound: One shared left-/through lane and right-turn lane The westbound approach to the signal shall be constructed to accommodate in the ultimate condition a left-turn lane and protected westbound left-turn phasing, and a shared through/right-turn lane.

The intersection may be required to accommodate additional or reduced lane configuration, subject to the approval of the City Engineer.

The project shall construct the related signal fiber interconnect to connect this signal to the City’s Traffic Management Center (TMC).

The Project shall construct a new traffic signal at the intersection of Sierra Avenue and the Project’s Commercial Driveway (located between Grapeland Street and Terra Vista Drive).

The intersection and traffic signal shall be constructed to accommodate at minimum the following lane configurations:

The intersection shall be designed as a three-leg intersection, with no leg on the east side.

The project shall construct the related signal fiber interconnect to connect this signal to the City’s Traffic Management Center (TMC).

The Project shall construct traffic signal modifications at the intersection of Sierra Avenue and Terra Vista Drive.

The intersection and traffic signal shall be constructed to accommodate at minimum the following lane configurations:

The signal shall be constructed to provide a northbound right-turn overlap phase. Type 15 or larger poles shall be required for any five-section signal heads.

The project shall construct the related signal fiber interconnect to connect this signal to the City’s Traffic Management Center (TMC).

The Project shall construct traffic signal modifications at the intersection of Sierra Avenue and Duncan Canyon Road.

The intersection and traffic signal shall be constructed to accommodate at minimum the following lane configurations:

Northbound: Two left-turn lanes, two through lanes, and one right-turn lane Southbound: One left-turn lane, three through lanes, and one right-turn lane Eastbound: One left-turn lane, one through lane, and one right-turn lane Westbound: One left-turn lane, one through lane, and one right-turn lane Future development projects located on the east side of Sierra Avenue may necessitate changes to the ultimate intersection and traffic signal design.

The intersection may be required to accommodate additional or reduced lane configuration, subject to the approval of the City Engineer.

The project shall construct the related signal fiber interconnect to connect this signal to the City’s Traffic Management Center (TMC).

The Project shall design, obtain full approval of the required plans, and construct the signal modifications needed at the intersection of Sierra Avenue and S. Highland Avenue to implement a southbound right-turn overlap phase, subject to the approval of the City Engineer. Type 15 or larger poles shall be required for any five-section signal heads.

END OF CONDITIONS OF APPROVAL
EXHIBIT “C”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 23-000034 July 14, 2026 Tentative Parcel Map No. 20851 (TPM No. 23-000008)
LOCATION: Northwest corner of Sierra Avenue and Terra Vista Drive (APN: 0239-081-52)

PLANNING DEPARTMENT
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:

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

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

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.

This tentative parcel map shall comply with all applicable development standards of Chapter 26 (Subdivisions), Chapter 30 (Zoning and Development Code) of the Municipal Codes of the City of Fontana and the Subdivision Map Act.

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

This Tentative Parcel Map No. 23-000008 (TPM No. 20851) shall become null and void two (2) years from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Department inspection, has commenced within this period.