Attachment No. 4 - Planning Commission Packet — Fontana City Council, July 14, 2026 (part 2 of 2)

ATTACHMENT NO. 8
RESOLUTION PC NO. 2026-

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FONTANA

RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF FONTANA APPROVE GENERAL PLAN AMENDMENT NO. 23-000002, SPECIFIC PLAN AMENDMENT NO. 23-000002, TENTATIVE TRACT MAP NO. 20646 (TTM NO. 26-0006), TENTATIVE PARCEL MAP NO. 20851 (TPM NO. 23-000008), DESIGN REVIEW NO. 23-000011, CONDITIONAL USE PERMIT NO. 23-000005, AND DEVELOPMENT AGREMENT NO. 23-000012 AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM RESIDENTIAL PLANNED COMMUNITY (RPC) TO GENERAL COMMERCIAL (C-G), TO AMEND THE ARBORETUM

SPECIFIC PLAN TO MODIFY ALLOWED LAND USES AND RECONFIGURE

PLANNING AREAS AND PARK SITES, FOR SITE AND ARCHITECTURAL REVIEW OF A PROPOSED 69,617 SQUARE FOOT COMMERCIAL CENTER CONSISTING OF A 49,362 SQUARE FOOT GROCERY STORE, A 13,017 SQUARE FOOT INLINE SHOP BUILDING, A 9,544 SQUARE FOOT PAD BUILDING, AND A 3,694 SQUARE FOOT DRIVE THRU RESTAURANT; FOR A

CONDITIONAL USE PERMIT FOR THE SALE OF ALCOHOL FOR OFF-SITE

CONSUMPTION IN CONJUNCTION WITH THE PROPOSED GROCERY STORE,

A TENTATIVE PARCEL MAP TO RECONFIGURE AND PARCELIZE THE

REMAINING PLANNING AREAS AND PARK SITES WITHIN THE SPECIFIC

PLAN AREA, A TENTATIVE TRACT MAP TO SUBDIVIDE THE COMMERCIAL

CENTER, AND AMEND THE ARBORETUM SPECIFIC PLAN DEVELOPMENT

AGREEMENT TO REFLECT MODIFIED LAND USES IN THE SPECIFIC PLAN,

PURSUANT TO AN ADDENDUM TO THE ARBORETUM SPECIFIC PLAN

ENVIRONMENTAL IMPACT REPORT, AND DIRECTING STAFF TO FILE A NOTICE OF DETERMINATION.

WHEREAS, the Arboretum Specific Plan, inclusive of Assessor’s Parcel Number 0239-081-52 (“Commercial Project Site”), totaling approximately 16.3 acres, was annexed from San Bernardino County into the City of Fontana on October 8, 1981; and WHEREAS, on May 18, 2023, the City of Fontana (“City”) received an application for a General Plan Amendment (“GPA No. 23-000002”), Specific Plan Amendment (“SPA No. 23-000002”), Tentative Tract Map No. 20646 (“TTM No. 26-0006”), Tentative Parcel Map No. 20851 (“TPM No. 23-000008”), Design Review No. 23-000011 (“DRP No. 23- 000011”), Conditional Use Permit No. 23-000005 (“CUP No. 23-000005”), and Development Agreement Amendment No. 23-000012 (“AGR No. 23-000012”) from North Fontana Investment Company (“Applicant”) for new commercial center at the Project Site; and
WHEREAS, on September 23, 2009, the Arboretum Specific Plan update was approved and adopted by the City pursuant to the certified FEIR; and WHEREAS, the Project Site has a General Plan designation of Residential Planned Development (R-PC) and is located within the Arboretum Specific Plan, which allows for such uses; and
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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 Initial Study and accompanying technical reports (Addendum); 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, the City wishes to protect and preserve the quality of the life throughout the City through effective land use and planning; and
WHEREAS, Conditions of Approval for TTM No. 26-0006 are attached hereto as Exhibit “A” and incorporated herein; and
WHEREAS, Conditions of Approval for TPM No. 23-000008 are attached hereto as Exhibit “B” and incorporated herein; and
WHEREAS, Conditions of Approval for DRP No. 23-000011 are attached hereto as Exhibit “C” and incorporated herein; and
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WHEREAS, Conditions of Approval for CUP No. 23-000005 are attached hereto as Exhibit “D” and incorporated herein; and
WHEREAS, all of the notices required by statute and the Fontana Municipal Code (FMC) have been given as required; and
WHEREAS, a notice of the public hearing was published in the Fontana Herald newspaper on May 13, 2026 and simultaneously displayed at the Steelworkers’ Auditorium, and at the Project Site; and
WHEREAS, on June 2, 2026, 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; and
WHEREAS, on June 2, 2026, the Planning Commission carefully considered all information, evidence and testimony presented at its 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
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, the Planning Commission RESOLVES as follows:

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

Section 2. Compliance with California Environmental Quality Act. As the decision-making body for the Project, the Planning Commission 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 Planning Commission 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 Planning Commission 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 Planning Commission, the Commission 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. 383
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The Planning Commission further finds that the preparation of a subsequent or supplemental EIR is not required for the proposed Projects because the Projects:

A. 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
B. 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 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
C. 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:
(i) The Proposed Project would have one or more significant effects not discussed in the EIR;
(ii) That significant effects previously examined would be substantially more severe than shown in the EIR;
(iii) 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
(iv) 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 Planning Commission, the Commission finds that all environmental impacts of the Proposed Project have been addressed within the Arboretum Specific Plan FEIR and the Addendum. The Planning Commission finds that no new or additional mitigation measures or alternatives are required. The Planning Commission 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 Planning Commission 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 Planning Commission.

Section 5. Adoption of the Addendum to the Arboretum Specific Plan FEIR. The Planning Commission hereby adopts the Addendum to the EIR for the Arboretum Specific Plan Program Environmental Impact Report (SCH No. 2006071109) and Mitigation, 384
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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 Commission further directs staff to file a Notice of Determination.

Section 6. General Plan Amendment Findings. The Planning Commission 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 longterm 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 highquality 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. Specific Plan Amendment Findings. The Planning Commission hereby makes the following findings for SPA No. 23-000002 in accordance with Section No. 30- 67 “Purpose,” of the Fontana Zoning and Development:

Finding: A specific plan may be amended by changing the development standards or zoning designation of any zone whenever such an amendment is deemed necessary to protect or promote the public’s health, safety or general welfare or when modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the general plan.

Findings of Fact: The specific plan amendment establishes an additional commercial land use district/designation within the Arboretum Specific Plan and modifies the allowable residential densities in the remaining undeveloped residential designations in the specific plan area. The amendment encourages attractive commercial and residential development and will enhance the gateway into the city along Sierra Avenue. Updates to the specific plan will also encourage residential development that is consistent with existing development and 385
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commercial development and complements existing development while providing service and convenient land uses for residents in the area. The proposed changes are necessary to promote the public’s health, safety, and general welfare because it supports a new and attractive development in the area that will facilitate a development that will improve health and mobility in the vicinity.

Section 8. Tentative Tract Map Findings. The Planning Commission 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. 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 386
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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. Therefore, the project promotes the public health, safety, and welfare of the surrounding community.

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

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 9. Tentative Parcel Map Findings. The Planning Commission 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 387
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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.

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 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
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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 10. Design Review Findings. The Planning Commission 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 drivethru 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 389
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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 ADAcompliant 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 welldesign 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 11. Conditional Use Permit Findings. The Planning Commission 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
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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.
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Finding No. 4: That the proposed use will meet the finding of “Public Convenience or Necessity”.

Findings of Fact: The Planning Commission 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 12. Approvals. Based on the foregoing, the Planning Commission hereby recommends that the City Council adopt the following:

1. A Resolution adopting the Addendum to the Arboretum Specific Plan Environmental Impact Report (SCH No. 2006071109) and direct staff to file a Notice of Determination;

2. A Resolution adopting GPA No. 23-000002 to amend Exhibit 15.8 in Chapter 15 (Land Use, Zoning, and Urban Design) of the General Plan by changing the land use designation from Residential Planned Community (R-PC) to General Commercial (C-G) for the
Commercial Project Site, attached hereto as “Exhibit A”;

3. An Ordinance adopting SPA No. 23-000002 to amend the Arboretum Specific Plan to modify allowed land uses and reconfigure planning areas and park sites, attached here to as “Exhibit B”;

4. A Resolution adopting TTM No. 26-0006 to reconfigure and parcelize the remaining planning areas and park sites in the Arboretum Specific Plan, subject to the Conditions of Approval attached hereto as “Exhibit C” and incorporated herein;

5. A Resolution adopting TPM No. 23-000008 to subdivide a commercial center, subject to the Conditions of Approval attached hereto as “Exhibit D” and incorporated herein;
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6. A Resolution adopting DRP No. 23-000011 for site and architectural approval of a commercial center consisting of 69,617 square feet of commercial development, subject to the Conditions of Approval attached hereto as “Exhibit E” and incorporated herein;

7. A Resolution adopting CUP No. 23-000005 for the sale of alcohol at a grocery store for off-site consumption, subject to the Conditions of Approval attached hereto as “Exhibit F” and incorporated herein;

8. An Ordinance adopting AGR No. 23-000012 to amend the Arboretum Specific Plan Development Agreement to reflect modified land uses in the specific plan, as shown in “Exhibit G” Section 13. 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 No. 21081.6.

Section 14. Certification. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.

Section 15. Effective Date. This Resolution shall become effective immediately upon its adoption.

Section 16. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application.

APPROVED, AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 2nd day of June 2026.

City of Fontana
Joseph Armendarez, Chairperson
ATTEST:

I, Torrie Lozano, Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on the 2nd day of June 393
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2026, by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Torrie Lozano, Secretary

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ATTACHMENT NO. 7
EXHIBIT “A”

GENERAL PLAN AMENDMENT EXHIBIT
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Resolution PC No. 2026-
2 EXHIBIT “B”

SPECIFIC PLAN AMENDMENT EXHIBIT
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Resolution PC No. 2026-
4 EXHIBIT “C”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 23-000044 June 2,
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:

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

A. All of the improvements, construction, alteration and other work set forth in this project have been completed and have been accepted by the City, as evidenced by the City’s issuance of a Certificate of Occupancy or other document evidencing the City’s final inspection and acceptance of the work; and
B. All Conditions of Approval imposed on this project have been fulfilled.

2. 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.

3. 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 399
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5 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.

4. 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.

5. 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.

6. 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.

7. 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 400
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6 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.

8. Historic Archaeological Resources
A. Upon discovery of any tribal cultural or archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All tribal cultural and archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant. If the resources are Native American in origin, interested Tribes (as a result of correspondence with area Tribes) shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request preservation in place or recovery for educational purposes. Work may continue on other parts of the project while evaluation takes place.

B. Preservation in place shall be the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavation to remove the resource along the subsequent laboratory processing and analysis. All Tribal Cultural Resources shall be returned to the Tribe. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to the Tribe or a local school or historical society in the area for educational purposes.

C. Archaeological and Native American monitoring and excavation during construction projects shall be consistent with current professional standards. All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken. Principal personnel shall meet the Secretary of the Interior standards for archaeology and have a minimum of 10 years’ experience as a principal investigator working with Native American archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified.

9. The construction contractor will use the following source controls at all times:

A. Construction shall be limited to 7:00 am to 6:00 pm on weekdays, 8:00 am to 5:00 pm on Saturdays, and no construction on Sundays and Holidays unless it is approved by the building inspector for cases that are considered urgently necessary as defined in Section 18-63(b)(7) of the Fontana City Code.
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7 B. For all noise-producing equipment, use types and models that have the lowest horsepower and the lowest noise generating potential practical for their intended use.

C. The construction contractor will ensure that all construction equipment, fixed or mobile, is properly operating (tuned-up) and lubricated, and that mufflers are working adequately.

D. Have only necessary equipment onsite.

F. Install portable noise barriers, including solid structures and noise blankets, between the active noise sources and the nearest noise receivers.

G. Temporarily enclose localized and stationary noise sources

10.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

11. 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.

12. 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.

13. 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 402
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8 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.

14. 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.

15. 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.

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

17. 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.

18. 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.

19. 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.

20. 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 403
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9 plan submittal. California Fire Code Chapter 9, NFPA 17A, & NFPA 96.

21. 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.

22. 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.

23. 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 nonilluminated contrasting six (6) inch numbers shall be displayed at the property access entrances. California Fire Code Chapter 5 & SBCoFD Standard B-1

24. 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

25. 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

26. 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

27. 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
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10 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.

28. 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.

29.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 nonconforming with the requirements of the latest adopted edition of the Building Code, or any other applicable law, ordinance, or code.

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

31.The applicant shall comply with the following grading requirements:

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

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

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

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

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

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

G. Drainage water shall not pass from an ‘improved’ type of drainage structure to an ‘unimproved’ type of drainage structure (e.g., concrete swale to a dirt 405
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11 swale) unless otherwise approved by the Building Official.

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

I. The grading plans shall, as a minimum, contain sections at all lot lines and/or permit boundary lines. These sections shall clearly indicate:
i. 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
ii. The ground cover/finished surface material being proposed (e.g., type of pavement, plant material, etc.); and
iii. All proposed drainage structures; and
iv. Any proposed and/or required walls or fencing.

32. The applicant is required to obtain permits for the removal and/or demolition of structures. (if required)

33. 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

34. The following items (as applicable) shall be completed by the applicant and submitted to Building & Safety prior to the issuance of building permits for this project:

A. Precise grading plans shall be approved.

B. Rough grading completed.

C. Compaction certification
D. Pad elevation certification
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12 E. Rough grade inspection signed off by a City Building Inspector ENGINEERING DEPARTMENT – LAND DEVELOPMENT DIVISION

35. 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.

36. 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.

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

38. Applicant shall construct a bus bay and/or complementary bus shelter as required by the City Engineer. Bus shelter architecture shall match adjacent residential property to the satisfaction of the Community Development Director.

39. 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.

40. 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

41. 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.

42. 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.
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13 43. 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.

44. 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.

45. 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 postconstruction 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

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

47. 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.

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

49. 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.

50. 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 408
Resolution PC No. 2026-
14 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

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

52. 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.

53. 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.

54. 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.

55. 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.

56. The applicant shall construct all storm drain channel/ditch, street, streetlight, signing and striping, median, and storm drain improvements along Grapeland Ave along 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.

57. 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.

58. 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.

59. On behalf of the City, the Applicant shall acquire an access and maintenance agreement from Southern California Edison/SoCalGas for proposed City facilities 409
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15 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

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

61. 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.

62. 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.

63. 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.

64. 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.

65. 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.

66. 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.

67. 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
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16 68. 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:

A. 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
B. 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.

C. 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.

69. 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.

70. 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.

71. 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.

72. Future development site plans within the Specific Plan Area shall identify the onsite vehicular traffic flow patterns and circulation, on-site signing and striping, and any restricted, reserved, or other pre-designated parking areas. 411
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17 73. 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.

74. 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.

75. 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.

76. 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 GRADING/CONSTRUCTION PERMITS

77. 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:

A. Cypress Avenue between Grapeland Street and Duncan Canyon Road B. Sierra Avenue between Grapeland Street and Duncan Canyon Road C. Grapeland Street between Cypress Avenue and Sierra Avenue D. Terra Vista Drive between Private Street and Sierra Avenue E. Duncan Canyon Road between Cypress Avenue and Sierra Avenue

78. 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:

A. Cypress Avenue between Grapeland Street and Duncan Canyon Road 412
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18 B. Sierra Avenue between Grapeland Street and Duncan Canyon Road C. Grapeland Street between Cypress Avenue and Sierra Avenue D. Terra Vista Drive between Private Street and Sierra Avenue E. Duncan Canyon Road between Cypress Avenue and Sierra Avenue

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

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

81. 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.

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

A. 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.

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

C. 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. 413
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19 The project shall design the related signal fiber interconnect to connect this signal to the City’s Traffic Management Center (TMC).

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

A. The intersection and traffic signal shall be designed to accommodate at minimum the following lane configurations:
i. Northbound: One left-turn lane, one through lane, and one right-turn lane ii. Southbound: One left-turn lane, two through lanes, and one right-turn lane
iii. Eastbound: One left-turn lane, one through lane, and one right-turn lane iv. Westbound: One left-turn lane, one through lane, and one right-turn lane B. The intersection may be required to accommodate additional or reduced lane configuration, subject to further study and the approval of the City Engineer.

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

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

A. The intersection and traffic signal shall be designed to accommodate at minimum the following lane configurations:
i. Northbound: One left-turn lane and one shared through/right-turn lane ii. Southbound: One left-turn lane and one shared through/right-turn lane iii. Eastbound: One left-turn lane, one through lane, and one shared through/right-turn lane
iv. Westbound: One left-turn lane, one through lane, and one shared through/right-turn lane
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20 B. The intersection may be required to accommodate additional or reduced lane configuration, subject to the approval of the City Engineer.

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

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

A. The intersection and traffic signal shall be designed to accommodate at minimum the following lane configurations:
i. Northbound: One left-turn lane, two through lanes, and one right-turn lane
ii. Southbound: One left-turn lane, two through lanes, and one right-turn lane
iii. Eastbound: One shared left-/through/right-turn lane iv. Westbound: One shared left-/through lane and right-turn lane v. 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.

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

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

86. 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).
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21 A. The intersection and traffic signal shall be designed to accommodate at minimum the following lane configurations:
i. Northbound: One left-turn lane and three through lanes ii. Southbound: Three through lanes and one right-turn lane iii. Eastbound: One left-turn lane and one right-turn lane B. The intersection may be required to accommodate additional or reduced lane configuration, subject to the approval of the City Engineer.

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

D. 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.

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

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

A. The intersection and traffic signal shall be designed to accommodate at minimum the following lane configurations:
i. Northbound: One left-turn lane, three through lanes, and one right-turn lane
ii. Southbound: One left-turn lane, three through lanes, and one right-turn lane
iii. Eastbound: One left-turn lane, one through lane, and one right-turn lane iv. Westbound: One left-turn lane, one through lane, and one right-turn lane B. The intersection may be required to accommodate additional or reduced lane configuration, subject to the approval of the City Engineer.

C. 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. 416
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22 D. 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.

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

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

A. The intersection and traffic signal shall be designed to accommodate at minimum the following lane configurations:
i. Northbound: Two left-turn lanes, two through lanes, and one right-turn lane
ii. Southbound: One left-turn lane, three through lanes, and one right-turn lane
iii. Eastbound: Two left-turn lanes, one through lane, and one right-turn lane
iv. Westbound: One left-turn lane, one through lane, and one right-turn lane v. Future development projects located on the east side of Sierra Avenue may necessitate changes to the ultimate intersection and traffic signal design.

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

D. 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 CERTIFICATES OF OCCUPANCY

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

A. Cypress Avenue between Grapeland Street and Duncan Canyon Road 417
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23 B. Sierra Avenue between Grapeland Street and Duncan Canyon Road C. Grapeland Street between Cypress Avenue and Sierra Avenue D. Terra Vista Drive between Private Street and Sierra Avenue E. Duncan Canyon Road between Cypress Avenue and Sierra Avenue

90. The Applicant shall install all signing and striping within the following extents, including such distance as required to tie-in to existing conditions:

91. 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.

92. 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.

93. 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.

94. 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.

95. 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.
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24 96. 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.

97. 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.

98. 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 be completed prior to the issuance of the final residential Certificate of Occupancy issued for the Resort Village.

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

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

C. 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.

D. 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.

99. 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 overlap phase shall be operational prior to the issuance of the final residential Certificate of Occupancy issued for the Resort Village. 100. The Project shall construct a new traffic signal at the intersection of Arboretum Avenue and Duncan Canyon Road. The signal shall be operational prior to the 419
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25 issuance of the first residential Certificate of Occupancy issued for the Resort Village.

A. The intersection and traffic signal shall be constructed to accommodate at minimum the following lane configurations:
i. Northbound: One left-turn lane and one shared through/right-turn lane ii. Eastbound: One shared left-/through/right-turn lane iii. Westbound: One shared left-/through/right-turn lane iv. 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.

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

D. The project shall construct the related signal fiber interconnect to connect this signal to the City’s Traffic Management Center (TMC).
101. The Project shall construct a new traffic signal at the intersection of Cypress Avenue and Duncan Canyon Road. The signal shall be operational prior to the issuance of the first Certificate of Occupancy issued for the Resort Village.

A. The intersection and traffic signal shall be constructed to accommodate at minimum the following lane configurations:
i. Northbound: One left-turn lane, one through lane, and one right-turn lane ii. Southbound: One left-turn lane, two through lanes, and one right-turn lane
iii. Eastbound: One left-turn lane, one through lane, and one right-turn lane iv. Westbound: One left-turn lane, one through lane, and one right-turn lane B. The intersection may be required to accommodate additional or reduced lane configuration, subject to further study and the approval of the City Engineer. 420
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26 C. 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.

D. The project shall construct the related signal fiber interconnect to connect this signal to the City’s Traffic Management Center (TMC).
102. The Project shall construct a new traffic signal at the intersection of Cassava Avenue and Duncan Canyon Road. The signal shall be operational prior to the issuance of the first residential Certificate of Occupancy issued for the Resort Village.

A. The intersection and traffic signal shall be constructed to accommodate at minimum the following lane configurations:
i. Northbound: One left-turn lane and one shared through/right-turn lane ii. Southbound: One left-turn lane and one shared through/right-turn lane iii. Eastbound: One left-turn lane, one through lane, and one shared through/right-turn lane
iv. Westbound: One left-turn lane, one through lane, and one shared through/right-turn lane
B. The intersection may be required to accommodate additional or reduced lane configuration, subject to the approval of the City Engineer.

D. The project shall construct the related signal fiber interconnect to connect this signal to the City’s Traffic Management Center (TMC).
103. 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). The fair-share contribution shall be made prior to the issuance of the 535th residential Certificate of Occupancy for the Resort Village. 421
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27 A. Sierra Avenue/I-15 Freeway Southbound On- and Off-Ramps B. Sierra Avenue/I-15 Freeway Northbound On- and Off-Ramps 104. The Project shall construct a new traffic signal at the intersection of Sierra Avenue and Grapeland Street-Segovia Avenue. The signal shall be operational prior to the issuance of the first Certificate of Occupancy issued for the Resort Village.

A. The intersection and traffic signal shall be constructed to accommodate at minimum the following lane configurations:
i. Northbound: One left-turn lane, two through lanes, and one right-turn lane
ii. Southbound: One left-turn lane, two through lanes, and one right-turn lane
iii. Eastbound: One shared left-/through/right-turn lane iv. Westbound: One shared left-/through lane and right-turn lane v. 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.

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

D. The project shall construct the related signal fiber interconnect to connect this signal to the City’s Traffic Management Center (TMC).
105. 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 signal shall be operational prior to the issuance of the first Certificate of Occupancy issued for the Resort Village.

A. The intersection and traffic signal shall be constructed to accommodate at minimum the following lane configurations:
i. Northbound: One left-turn lane and three through lanes 422
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28 ii. Southbound: Three through lanes and one right-turn lane iii. Eastbound: One left-turn lane and one right-turn lane B. The intersection may be required to accommodate additional or reduced lane configuration, subject to the approval of the City Engineer.

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

E. The project shall construct the related signal fiber interconnect to connect this signal to the City’s Traffic Management Center (TMC).
106. The Project shall construct traffic signal modifications at the intersection of Sierra Avenue and Terra Vista Drive. The signal modifications shall be operational prior to the issuance of the first Certificate of Occupancy issued for the Resort Village.

A. The intersection and traffic signal shall be constructed to accommodate at minimum the following lane configurations:
i. Northbound: One left-turn lane, three through lanes, and one right-turn lane
ii. Southbound: One left-turn lane, three through lanes, and one right-turn lane
iii. Eastbound: One left-turn lane, one through lane, and one right-turn lane iv. Westbound: One left-turn lane, one through lane, and one right-turn lane B. The intersection may be required to accommodate additional or reduced lane configuration, subject to the approval of the City Engineer.

D. 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.
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29 E. The project shall construct the related signal fiber interconnect to connect this signal to the City’s Traffic Management Center (TMC). 107. The Project shall construct traffic signal modifications at the intersection of Sierra Avenue and Duncan Canyon Road. The signal modifications shall be operational prior to the issuance of the first Certificate of Occupancy issued for the Resort Village.

A. The intersection and traffic signal shall be constructed to accommodate at minimum the following lane configurations:
i. Northbound: Two left-turn lanes, two through lanes, and one right-turn lane
ii. Southbound: One left-turn lane, three through lanes, and one right-turn lane
iii. Eastbound: One left-turn lane, one through lane, and one right-turn lane iv. Westbound: One left-turn lane, one through lane, and one right-turn lane v. Future development projects located on the east side of Sierra Avenue may necessitate changes to the ultimate intersection and traffic signal design.

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

D. The project shall construct the related signal fiber interconnect to connect this signal to the City’s Traffic Management Center (TMC).
108. 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. The overlap phase shall be operational prior to the issuance of the final residential Certificate of Occupancy issued for the Resort Village.

END OF CONDITIONS OF APPROVAL
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30 425
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31 EXHIBIT “D”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 23-000034 June 2,
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

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

A. All of the improvements, construction, alteration and other work set forth in this project have been completed and have been accepted by the City, as evidenced by the City’s issuance of a Certificate of Occupancy or other document evidencing the City’s final inspection and acceptance of the work; and
B. All other Conditions of Approval imposed by this project have beenfulfilled.

2. The applicant/developer/property owner shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to 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, 426
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32 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.

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

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

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

6. This Tentative Parcel Map No. 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.

7. 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.

8. After the fifteen (15) day appeal period and if there are no appeal application submitted to the Planning Department, the applicant shall remove the notice of Filing sign(s) from the project site. The applicant may request a refund of the sign deposit; the request shall be in writing accompanied with a refund application. The request shall be submitted to the Planning Department.
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33 9. 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.

10. Historic Archaeological Resources
A. Upon discovery of any tribal cultural or archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All tribal cultural and archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant. If the resources are Native American in origin, interested Tribes (as a result of correspondence with area Tribes) shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request preservation in place or recovery for educational purposes. Work may continue on other parts of the project while evaluation takes place.

C. Archaeological and Native American monitoring and excavation during construction projects shall be consistent with current professional standards.

All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken. Principal personnel shall meet the Secretary of the Interior standards for archaeology and have a minimum of 10 years’ experience as a principal investigator working with Native American archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified.

11. The construction contractor will use the following source controls at all times:

A. Construction shall be limited to 7:00 am to 6:00 pm on weekdays, 8:00 am to 5:00 pm on Saturdays, and no construction on Sundays and Holidays unless it is approved by the building inspector for cases that are considered urgently necessary as defined in Section 18-63(b)(7) of the Fontana City Code. 428
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34 B. For all noise-producing equipment, use types and models that have the lowest horsepower and the lowest noise generating potential practical for their intended use.

C. The construction contractor will ensure that all construction equipment, fixed or mobile, is properly operating (tuned-up) and lubricated, and that mufflers are working adequately.

D. Have only necessary equipment onsite.

F. Install portable noise barriers, including solid structures and noise blankets, between the active noise sources and the nearest noise receivers.

G. Temporarily enclose localized and stationary noise sources

SAN BERNARDINO COUNTY FIRE DEPARTMENT

12. 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.

13. 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.

14. 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.

15. 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 429
Resolution PC No. 2026-
35 approved standards. SBCoFD Standard A-2.

16. 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.

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

18. 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.

19. 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.

20. 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.

21. 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.

22. 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 430
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36 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.

23. 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.

24. 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 nonilluminated contrasting six (6) inch numbers shall be displayed at the property access entrances. California Fire Code Chapter 5 & SBCoFD Standard B-1

25. 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

26. 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

27. 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

28. 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.
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37 29. The applicant shall verify that any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project complies with FMC Chapter 5 Article XIV.

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

31. The applicant shall 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 nonconforming with the requirements of the latest adopted edition of the Building Code, or any other applicable law, ordinance, or code.

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

33. The applicant shall comply with the following grading requirements:

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

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

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

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

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

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

H. A complete hydrology study using the latest edition of the San Bernardino 432
Resolution PC No. 2026-
38 County Flood Control Hydrology Manual, and complete hydraulic calculations justifying the size, slope, capacity, etc. of any and all drainage structures being utilized, shall be submitted to and approved by Building & Safety. The on-site drainage system shall, as a minimum, be designed to handle the run-off generated by a ten (10) year storm. Check for flooding of all on-site structures (buildings) and all adjacent properties during a hundred (100) year storm.

I. The grading plans shall, as a minimum, contain sections at all lot lines and/or permit boundary lines. These sections shall clearly indicate:
i. 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
ii. The ground cover/finished surface material being proposed (e.g., type of pavement, plant material, etc.); and
iii. All proposed drainage structures; and 4
iv. Any proposed and/or required walls or fencing.

34. The applicant is required to obtain permits for the removal and/or demolition of structures. (if required)

35. 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

36. The following items (as applicable) shall be completed by the applicant and submitted to Building & Safety prior to the issuance of building permits for this project:

A. Precise grading plans shall be approved.

B. Rough grading completed
C. Compaction certification
D. Pad elevation certification
E. Rough grade inspection signed off by a City Building Inspector ENGINEERING DEPARTMENT – LAND DEVELOPMENT DIVISION
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39 37. 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.

38. 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.

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

40. All Conditions of Approval issued to project no. MCN23-000044 shall apply.

PRIOR TO ISSUANCE OF GRADING PERMIT

41. 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.

42. The Applicant shall submit and gain approval of a final drainage study prepared in accordance with the County of San Bernardino Hydrology Manual and Fontana Master Plan of Drainage.

PRIOR TO MAP RECORDATION

43. Applicant shall provide a Land Improvement Agreement, with accompanying security. The agreement shall be executed on City-provided forms.

44. 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 project name and latitude/longitude coordinates of the BMP location(s) must be included on the Memorandum of Agreement and the WQMP Exhibit. The Access, Maintenance, and the WQMP Certification for BMP Completion must be submitted to the City Project Engineer. WQMP report and recorded maintenance document for the regional WQMP will need to be completed for this project to utilize the downstream capacity.

PRIOR TO ISSUANCE OF ANY OTHER CONSTRUCTION PERMITS

45. The Applicant shall record All map’s, right-of-way dedications, easements, reciprocal access agreement as required for the development. 434
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40 46. 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, traffic signals, 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. This project will be required to complete any uncompleted frontage improvements and improvements required to support the project development.

PRIOR TO ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY

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

48. 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.

49. 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.

50. 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.

51. 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.

52. 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.

53. 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.
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41 ENGINEERING DEPARTMENT – TRAFFIC DIVISION

54. Project ingress and egress locations and restrictions shall be as follows, with additional or lesser restrictions being necessitated subject to changes in the site plan and approval of the City Engineer:

A. The Project may have a single ingress/egress point along Sierra Avenue which may allow for full access (i.e., left- and right-turning inbound and outbound) movements. The Sierra Avenue access point shall be designed to adequately accommodate ingress of tractor-trailer truck vehicles, subject to the approval of the City Engineer.

B. The Project may have up to two ingress/egress points along Terra Vista Drive which may allow for full access (i.e., left- and right-turning inbound and outbound) movements.

55. 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.

56. Stopping sight distance must be shown to meet the required standards both horizontally and vertically at all ingress/egress locations including consideration for walls, landscaping, grading, and vegetation. Sight distances shall comply with current AASHTO requirements.

57. The site plan 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.

58. The location of bicycle parking shall be depicted on the site plan. 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.

59. The site plan 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.

60. The site plan 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.

PRIOR TO ISSUANCE OF GRADING/CONSTRUCTION PERMITS
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42 61. 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:

A. Sierra Avenue between Grapeland Street and Duncan Canyon Road B. Terra Vista Drive between Private Street and Sierra Avenue

62. 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:

A. Sierra Avenue between Grapeland Street and Duncan Canyon Road B. Terra Vista Drive between Private Street and Sierra Avenue

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

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

64. The Project shall design and obtain full approval of a new traffic signal at the intersection of Sierra Avenue and Grapeland Street-Segovia Avenue. 437
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43 A. The intersection and traffic signal shall be designed to accommodate at minimum the following lane configurations:
i. Northbound: One left-turn lane, two through lanes, and one right-turn lane
ii. Southbound: One left-turn lane, two through lanes, and one right-turn lane
iii. Eastbound: One shared left-/through/right-turn lane iv. Westbound: One shared left-/through lane and right-turn lane v. 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.

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

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

65. 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).

A. The intersection and traffic signal shall be designed to accommodate at minimum the following lane configurations:
i. Northbound: One left-turn lane and three through lanes ii. Southbound: Three through lanes and one right-turn lane iii. Eastbound: One left-turn lane and one right-turn lane B. The intersection may be required to accommodate additional or reduced lane configuration, subject to the approval of the City Engineer.

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

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

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

D. 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.

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

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

A. The intersection and traffic signal shall be designed to accommodate at minimum the following lane configurations:
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45 i. Northbound: Two left-turn lanes, two through lanes, and one right-turn lane
ii. Southbound: One left-turn lane, three through lanes, and one right-turn lane
iii. Eastbound: Two left-turn lanes, one through lane, and one right-turn lane
iv. Westbound: One left-turn lane, one through lane, and one right-turn lane
v. Future development projects located on the east side of Sierra Avenue may necessitate changes to the ultimate intersection and traffic signal design.

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

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

68. If construction or design of the Project 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.

69. The Applicant shall submit and obtain full approval of a drive-through queuing study for all drive-through lane/s at the project site.

PRIOR TO ISSUANCE OF ANY CERTIFICATE OF OCCUPANCY

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

A. Sierra Avenue between Grapeland Street and Duncan Canyon Road B. Terra Vista Drive between Private Street and Sierra Avenue 440
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46 71. The Applicant shall install all signing and striping within the following extents, including such distance as required to tie-in to existing conditions:

A. Sierra Avenue between Grapeland Street and Duncan Canyon Road B. Terra Vista Drive between Private Street and Sierra Avenue

72. The Project shall construct a new traffic signal at the intersection of Cypress Avenue and Duncan Canyon Road. The signal shall be operational prior to the issuance of the first Certificate of Occupancy issued for The Arboretum Specific Plan Resort Village.

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

73. The Project shall construct a new traffic signal at the intersection of Sierra Avenue and Grapeland Street-Segovia Avenue. The signal shall be operational prior to the issuance of the first Certificate of Occupancy issued for The Arboretum Specific Plan Resort Village.

A. The intersection and traffic signal shall be constructed to accommodate at minimum the following lane configurations:
441
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47 i. Northbound: One left-turn lane, two through lanes, and one right-turn lane
ii. Southbound: One left-turn lane, two through lanes, and one right-turn lane
iii. Eastbound: One shared left-/through/right-turn lane iv. Westbound: One shared left-/through lane and right-turn lane v. 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.

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

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

74. 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 signal shall be operational prior to the issuance of the first Certificate of Occupancy issued for The Arboretum Specific Plan Resort Village.

A. The intersection and traffic signal shall be constructed to accommodate at minimum the following lane configurations:
i. Northbound: One left-turn lane and three through lanes ii. Southbound: Three through lanes and one right-turn lane iii. Eastbound: One left-turn lane and one right-turn lane B. The intersection may be required to accommodate additional or reduced lane configuration, subject to the approval of the City Engineer.

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

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

75. The Project shall construct traffic signal modifications at the intersection of Sierra Avenue and Terra Vista Drive. The signal modifications shall be operational prior to the issuance of the first Certificate of Occupancy issued for The Arboretum Specific Plan Resort Village.

D. 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.

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

76. The Project shall construct traffic signal modifications at the intersection of Sierra Avenue and Duncan Canyon Road. The signal modifications shall be operational prior to the issuance of the first Certificate of Occupancy issued for The Arboretum Specific Plan Resort Village.
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49 A. The intersection and traffic signal shall be constructed to accommodate at minimum the following lane configurations:
i. Northbound: Two left-turn lanes, two through lanes, and one right-turn lane
ii. Southbound: One left-turn lane, three through lanes, and one right-turn lane
iii. Eastbound: One left-turn lane, one through lane, and one right-turn lane iv. Westbound: One left-turn lane, one through lane, and one right-turn lane v. Future development projects located on the east side of Sierra Avenue may necessitate changes to the ultimate intersection and traffic signal design.

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

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

77. If construction or design of the Project 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.

78. The Applicant shall submit and obtain full approval of a drive-through queuing study for all drive-through lane/s at the project site. The Applicant shall prepare and file a queue management plan with the City which outlines the planned operation and management of the drive-through queue/s. The City may require changes to the queue management plan in the future due to traffic operational or safety concerns.

END OF CONDITIONS OF APPROVAL
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50 EXHIBIT “F”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 23-000034 June 2,
2026
Design Review (DRP) No. 23-000011
LOCATION: Northwest corner of Sierra Avenue and Terra Vista Drive (APN: 0239- 081-52)
PLANNING DEPARTMENT:

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

A. All of the improvements, construction, alteration and other work set forth in this project have been completed and have been accepted by the City, as evidenced by the City’s issuance of a Certificate of Occupancy or other document evidencing the City’s final inspection and acceptance of the work; and
B. All other Conditions of Approval imposed by this project have been fulfilled.

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

3. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City 445
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51 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.

4. Prior to the construction of any modifications, all structural and aesthetic changes to the project design must be requested and approved in writing by the Director of Planning or his/her designee. Major structural and aesthetic changes exceeding the codified parameters of administrative policy shall be presented to the Planning Commission for approval. Changes made without approval as stated herein, will prevent the occupancy of the structure until corrections are approved in writing by all appropriate staff.

5. All signs shall be reviewed under a separate Design Review Sign application. This includes, but is not limited to, building signs, monument signs, pylon signs, etc.

6. All temporary signs (banners, wind flags, etc.) shall not be placed on the property unless the proper permits are obtained.

7. 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.

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

9. Color combinations and color schemes for commercial buildings approved under a Design Review Permit application shall not be modified or changed without prior approval from the original approving body by a revision to the original application.

Minor hue color changes may be approved by the Director of Planning. The Director of Planning shall have the authority to refer minor hue color changes to 446
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52 the Planning Commission for consideration under a revision to the original application if deemed necessary. Appeals shall follow provisions of the Municipal Code.

10. The applicant shall provide up-lighting on the perimeter and up-light proposed trees to the satisfaction of the Director of Planning and his/her designee.

11. 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 7:00am to 6:00pm on weekdays, 8:00am to 5:00pm on Saturdays, and no construction on Sundays and Holidays.

12. Historic Archaeological Resources
A. Upon discovery of any tribal cultural or archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All tribal cultural and archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant. If the resources are Native American in origin, interested Tribes (as a result of correspondence with area Tribes) shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request preservation in place or recovery for educational purposes. Work may continue on other parts of the project while evaluation takes place.

C. Archaeological and Native American monitoring and excavation during construction projects shall be consistent with current professional standards.

All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken. Principal personnel shall meet the Secretary of the Interior standards for archaeology and have a minimum of 10 years’ experience as a principal investigator working with Native American 447
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53 archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified.

13. The construction contractor will use the following source controls at all times:

B. For all noise-producing equipment, use types and models that have the lowest horsepower and the lowest noise generating potential practical for their intended use.

C. The construction contractor will ensure that all construction equipment, fixed or mobile, is properly operating (tuned-up) and lubricated, and that mufflers are working adequately.

D. Have only necessary equipment onsite.

E. Use manually adjustable or ambient-sensitive backup alarms. When working adjacent to residential use(s), the construction contractor will also use the following path controls, except where not physically feasible, when necessary:
i. Install portable noise barriers, including solid structures and noise blankets, between the active noise sources and the nearest noise receivers.
ii. Temporarily enclose localized and stationary noise sources. iii. Store and maintain equipment, building materials, and waste materials as far as practical from as many sensitive receivers as practical.

14. Placement, location, and screening of utilities of any kind which cannot be installed underground and must be placed above ground for function and safety reasons require approval by the Director of Planning. Specific areas where Southern California Edison (SCE) needs access, there should be a minimum clearance of 8 feet or as directed by SCE.

15. Transformer enclosures shall be designed of durable materials with finishes and colors used which are compatible and harmonious with the overall architectural theme.
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54 16. Placement, location and screening of utilities of any kind which cannot be installed underground and must be placed above ground for function and safety reasons require approval by the Director of Planning.

17. The applicant shall provide a minimum of twenty-four (24) inch exterior wall lighting fixtures for commercial.

18. All landscaping shall be healthy and maintained in a reasonable manner as determined by the Director of Planning or his/her designee. If the applicant/owner fail to maintain the landscape as originally approved, the owner/applicant shall be required to renovate the landscape to meet current landscape standards and water conservation ordinance.

19. All fire back flows (DDC/DACA) shall be painted green or an earth tone color.

20. Adhere to the City standard of one foot candle minimum for all entrances, exits, pedestrian paths, parking lots, and activity areas. Reflect all light fixtures on the site plan. All areas shall be illuminated during all hours of darkness and all luminaries utilized shall be vandal-resistant fixtures. The type of lighting shall be fluorescent, white L.E.D.s or metal halide.

21. The Applicant/Landscape Architect shall provide a “Landscape Certificate of Compliance” certifying that the work has been designed, installed, and will be maintained in accordance with City of Fontana’s Model Water Efficiency Landscape Ordinance (Chapter 30, Article X, Ordinance 1895).

22. The following items shall be submitted to the Planning Department by the Applicant and completed prior to the issuance of a certificate of occupancy for this project:

A. Certificate of MWELO Compliance by the register Landscape Architect of Record.

B. Landscape and Irrigation Maintenance Schedule.

C. Soils Management Report.

D. Certified water Auditor Report.

PRIOR TO ISSUANCE OF GRADING PERMIT

23. 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 or grading plans prior to issuance of any building or grading permits.
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55 PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY

24. Development fees and Planning Department final inspection fee must be paid prior to Certificate of Occupancy.

25. Prior to the issuance of a Certificate of Occupancy, the applicant shall underground all utilities, which for the purpose of this condition shall include all boxes, structures and/or other equipment located in the public rights-of-way, any public utility easement(s), and on any private property, to the satisfaction of the Director of Planning.

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

SAN BERNARDINO COUNTY FIRE DEPARTMENT

27. 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.

28. 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.

29. 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.

30. 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.

31. 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 450
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56 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.

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

33. 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.

34. 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.

35. 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.

36. 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.

37. 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.

38. Fire Extinguishers: Hand portable fire extinguishers are required. The location, 451
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57 type, and cabinet design shall be approved by the Fire Department. California Fire Code Chapter 9.

39. 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 nonilluminated contrasting six (6) inch numbers shall be displayed at the property access entrances. California Fire Code Chapter 5 & SBCoFD Standard B-1

40. 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

41. 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

42. 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.

ENGINEERING DEPARTMENT - LAND DEVELOPMENT DIVISION

43. 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.

44. 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.

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

46. All Conditions of Approval issued to Project No. MCN23-000044 shall apply.

PRIOR TO ISSUANCE OF GRADING PERMIT
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58 47. 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.

48. The Applicant shall submit and gain approval of a final drainage study prepared in accordance with the County of San Bernardino Hydrology Manual and Fontana Master Plan of Drainage.

PRIOR TO ISSUANCE OF ANY OTHER CONSTRUCTION PERMITS

49. 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 project name and latitude/longitude coordinates of the BMP location(s) must be included on the Memorandum of Agreement and the WQMP Exhibit. The Access, Maintenance, and the WQMP Certification for BMP Completion must be submitted to the City Project Engineer. WQMP report and recorded maintenance document for the regional WQMP will need to be completed for this project to utilize the downstream capacity.

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

51. The Applicant shall submit engineered improvement plans and obtain full approval.

52. If public improvements are required applicant shall provide a Land Improvement Agreement, with accompanying security. The agreement shall be executed on Cityprovided forms.

PRIOR TO ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY

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

54. 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.
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59 55. 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.

56. 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.

57. 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.

58. 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.

59. 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.

ENGINEERING DEPARTMENT – TRAFFIC DIVISION

60. Project ingress and egress locations and restrictions shall be as follows, with additional or lesser restrictions being necessitated subject to changes in the site plan and approval of the City Engineer:

B. The Project may have up to two ingress/egress points along Terra Vista Drive which may allow for full access (i.e., left- and right-turning inbound and outbound) movements.
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60 61. 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.

62. Stopping sight distance must be shown to meet the required standards both horizontally and vertically at all ingress/egress locations including consideration for walls, landscaping, grading, and vegetation. Sight distances shall comply with current AASHTO requirements.

63. The site plan 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.

64. The location of bicycle parking shall be depicted on the site plan. 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.

65. The site plan 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.

66. The site plan 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.

PRIOR TO ISSUANCE OF GRADING/CONSTRUCTION PERMITS

67. 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:

A. Sierra Avenue between Grapeland Street and Duncan Canyon Road B. Terra Vista Drive between Private Street and Sierra Avenue

68. 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:

A. Sierra Avenue between Grapeland Street and Duncan Canyon Road B. Terra Vista Drive between Private Street and Sierra Avenue 455
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61 69. The Project shall design and obtain full approval of a new traffic signal at the intersection of Cypress Avenue and Duncan Canyon Road.

A. The intersection and traffic signal shall be designed to accommodate at minimum the following lane configurations:
i. Northbound: One left-turn lane, one through lane, and one right-turn lane
ii. Southbound: One left-turn lane, two through lanes, and one rightturn lane iii. Eastbound: One left-turn lane, one through lane, and one right-turn lane
iv. Westbound: One left-turn lane, one through lane, and one right-turn lane
B. The intersection may be required to accommodate additional or reduced lane configuration, subject to further study and the approval of the City Engineer.

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

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

A. The intersection and traffic signal shall be designed to accommodate at minimum the following lane configurations:
i. Northbound: One left-turn lane, two through lanes, and one right-turn lane
ii. Southbound: One left-turn lane, two through lanes, and one right-turn lane
iii. Eastbound: One shared left-/through/right-turn lane iv. Westbound: One shared left-/through lane and right-turn lane 456
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62 v. 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.

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

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

71. 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).

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

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

72. The Project shall design and obtain full approval of traffic signal modifications at the intersection of Sierra Avenue and Terra Vista Drive.
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63 A. The intersection and traffic signal shall be designed to accommodate at minimum the following lane configurations:
i. Northbound: One left-turn lane, three through lanes, and one right-turn lane
ii. Southbound: One left-turn lane, three through lanes, and one right-turn lane
iii. Eastbound: One left-turn lane, one through lane, and one right-turn lane
iv. Westbound: One left-turn lane, one through lane, and one right-turn lane
B. The intersection may be required to accommodate additional or reduced lane configuration, subject to the approval of the City Engineer.

D. 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.

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

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

A. The intersection and traffic signal shall be designed to accommodate at minimum the following lane configurations:
i. Northbound: Two left-turn lanes, two through lanes, and one right-turn lane
ii. Southbound: One left-turn lane, three through lanes, and one right-turn lane
iii. Eastbound: Two left-turn lanes, one through lane, and one right-turn lane
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64 iv. Westbound: One left-turn lane, one through lane, and one right-turn lane
v. Future development projects located on the east side of Sierra Avenue may necessitate changes to the ultimate intersection and traffic signal design.

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

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

74. If construction or design of the Project 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.

75. The Applicant shall submit and obtain full approval of a drive-through queuing study for all drive-through lane/s at the project site.

PRIOR TO ISSUANCE OF ANY CERTIFICATE OF OCCUPANCY

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

A. Sierra Avenue between Grapeland Street and Duncan Canyon Road B. Terra Vista Drive between Private Street and Sierra Avenue

77. The Applicant shall install all signing and striping within the following extents, including such distance as required to tie-in to existing conditions:

A. Sierra Avenue between Grapeland Street and Duncan Canyon Road B. Terra Vista Drive between Private Street and Sierra Avenue

78. The Project shall construct a new traffic signal at the intersection of Cypress Avenue and Duncan Canyon Road. The signal shall be operational prior to the 459
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65 issuance of the first Certificate of Occupancy issued for The Arboretum Specific Plan Resort Village.

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

79. The Project shall construct a new traffic signal at the intersection of Sierra Avenue and Grapeland Street-Segovia Avenue. The signal shall be operational prior to the issuance of the first Certificate of Occupancy issued for The Arboretum Specific Plan Resort Village.

A. The intersection and traffic signal shall be constructed to accommodate at minimum the following lane configurations:
i. Northbound: One left-turn lane, two through lanes, and one right-turn lane
ii. Southbound: One left-turn lane, two through lanes, and one right-turn lane
iii. Eastbound: One shared left-/through/right-turn lane 460
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66 iv. Westbound: One shared left-/through lane and right-turn lane v. 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.

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

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

80. 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 signal shall be operational prior to the issuance of the first Certificate of Occupancy issued for The Arboretum Specific Plan Resort Village.

A. The intersection and traffic signal shall be constructed to accommodate at minimum the following lane configurations:
i. Northbound: One left-turn lane and three through lanes ii. Southbound: Three through lanes and one right-turn lane iii. Eastbound: One left-turn lane and one right-turn lane B. The intersection may be required to accommodate additional or reduced lane configuration, subject to the approval of the City Engineer.

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

E. The project shall construct the related signal fiber interconnect to connect this signal to the City’s Traffic Management Center (TMC). 461
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67 81. The Project shall construct traffic signal modifications at the intersection of Sierra Avenue and Terra Vista Drive. The signal modifications shall be operational prior to the issuance of the first Certificate of Occupancy issued for The Arboretum Specific Plan Resort Village.

A. The intersection and traffic signal shall be constructed to accommodate at minimum the following lane configurations:
i. Northbound: One left-turn lane, three through lanes, and one rightturn lane ii. Southbound: One left-turn lane, three through lanes, and one rightturn lane iii. Eastbound: One left-turn lane, one through lane, and one right-turn lane
iv. Westbound: One left-turn lane, one through lane, and one right-turn lane
B. The intersection may be required to accommodate additional or reduced lane configuration, subject to the approval of the City Engineer.

D. 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.

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

82. The Project shall construct traffic signal modifications at the intersection of Sierra Avenue and Duncan Canyon Road. The signal modifications shall be operational prior to the issuance of the first Certificate of Occupancy issued for The Arboretum Specific Plan Resort Village.

A. The intersection and traffic signal shall be constructed to accommodate at minimum the following lane configurations:
i. Northbound: Two left-turn lanes, two through lanes, and one rightturn lane 462
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68 ii. Southbound: One left-turn lane, three through lanes, and one rightturn lane iii. Eastbound: One left-turn lane, one through lane, and one right-turn lane
iv. Westbound: One left-turn lane, one through lane, and one right-turn lane
v. Future development projects located on the east side of Sierra Avenue may necessitate changes to the ultimate intersection and traffic signal design.

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

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

83. If construction or design of the Project 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.

84. The Applicant shall submit and obtain full approval of a drive-through queuing study for all drive-through lane/s at the project site. The Applicant shall prepare and file a queue management plan with the City which outlines the planned operation and management of the drive-through queue/s. The City may require changes to the queue management plan in the future due to traffic operational or safety concerns.

BUILDING AND SAFETY DEPARTMENT

85. 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
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69 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.

86. 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.

87. 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.

88. 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 nonconforming with the requirements of the latest adopted edition of the Building Code, or any other applicable law, ordinance, or code.

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

90. The applicant shall comply with the following grading requirements:

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

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

D. A recorded drainage acceptance agreement is required from adjoining 464
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70 property(s) receiving flows from this property.

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

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

I. 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
i.
ii. The ground cover/finished surface material being proposed (e.g., type of pavement, plant material, etc.); and
iii. All proposed drainage structures; and 4
iv. Any proposed and/or required walls or fencing.

91. The applicant is required to obtain permits for the removal and/or demolition of structures. (if required)

92. 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

93. The following items (as applicable) shall be completed by the applicant and 465
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71 submitted to Building & Safety prior to the issuance of building permits for this project:

A. Precise grading plans shall be approved
B. Rough grading completed
C. Compaction certification
D. Pad elevation certification
E. Rough grade inspection signed off by a City Building Inspector

END OF CONDITIONS OF APPROVAL
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72 EXHIBIT “G”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 23-000044 June 2,
2026
Conditional Use Permit (CUP) No. 23-000005
LOCATION: Northwest corner of Sierra Avenue and Terra Vista Drive (APN: 0239- 081-52)
PLANNING DEPARTMENT:

1. This conditional use permit is conditional upon the permittee proceeding with good faith intent to commence upon the proposed use within two (2) years after the effective date of the approval, or such other permit specified as a condition of approval.

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

In the event of any such third-party action or proceeding, the City shall have the right to retain its own separate legal counsel to defend the interests of the City.

The applicant shall be responsible for reimbursing the City for such legal fees and costs, in their entirety, including actual attorneys’ fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, 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. 467
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73 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.

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

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

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

4. 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/Minor 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.

5. 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.

6. 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.

7. 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.

8. The permitted hours of operation shall be between 2:00am and 6:00am Monday through Sunday.

9. After the fifteen (15) day appeal period and if there are no appeal applications submitted to the Planning Department, the applicant shall remove the notice of 468
Resolution PC No. 2026-
74 Filing sign(s) from the project site. The applicant may request a refund of the sign deposit; the request shall be in writing accompanied with a refund application. The request shall be submitted to the Planning Department.

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

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

12. 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.

13. 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.

14. 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 in length and 14 inches in width with the print of sufficient size to make them clearly readable.

15. 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 in length and 14 inches in width with the print of sufficient size to make them clearly readable.

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

17. 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 469
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75 California licensed, uniformed security guard(s) on the premises, during such guards shall comply with FMC 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.

18. 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.

19. 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.

END OF CONDITIONS OF APPROVAL
470
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76 EXHIBIT “G”

DEVELOPMENT AGREEMENT AMENDMENT
(FOLLOWING THIS PAGE)
471
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77 Recorded at request of )
Clerk, City Council )
City of Fontana )
)
When recorded return to: )
)
City of Fontana )
8353 Sierra Avenue )
Fontana, CA 92335 )
Attention: City Clerk )
)
)
) Exempt from Filing Fees Gov. Code section 6103

THIRD AMENDMENT TO

ARBORETUM DEVELOPMENT AGREEMENT

A STATUTORY DEVELOPMENT AGREEMENT
between

CITY OF FONTANA
a California municipal corporation
and

NORTH FONTANA INVESTMENT COMPANY, LLC,
a Delaware limited liability company
472
Resolution PC No. 2026-
78 THIRD AMENDMENT TO

ARBORETUM DEVELOPMENT AGREEMENT

THIS THIRD AMENDMENT TO ARBORETUM DEVELOPMENT AGREEMENT (hereinafter “Third Amendment”) is entered into effective on the date that the ordinance adopting this Third Amendment becomes effective (the “Effective Date”) and amends that certain Arboretum Development Agreement made by and between the CITY OF FONTANA (hereinafter "CITY") and NORTH FONTANA INVESTMENT COMPANY, LLC, a Delaware limited liability company ("DEVELOPER"), recorded as Document No. 2009-0501456 on November 19, 2009, as amended by that certain First Amendment to Development Agreement recorded as Document No. 2017-0142267 on April 5, 2017, and that certain Second Amendment to Development Agreement recorded as Document No. 2021-0420491 on September 15, 2021, all in the Official Records of San Bernardino County (collectively, the "Agreement" or “Development Agreement”). This Third Amendment concerns all of the Property covered by the Agreement described in Exhibit “A” attached hereto.

CITY and DEVELOPER hereby agree to amend the Agreement as set forth herein. All capitalized terms used herein shall have the same meanings given those terms in the Agreement unless otherwise defined herein.

RECITALS
WHEREAS, CITY is authorized to amend the Agreement pursuant to Section 2.5 of the Agreement and Section 65868 of the Government Code; and WHEREAS, the CITY has determined that there exists no uncured default by DEVELOPER under the Agreement as set forth in Section 2.3(ii) of the Agreement; and WHEREAS, the CITY has determined that this Third Amendment will not result in any significant effects on the environment not previously analyzed in the Project’s EIR (SCH #2006071109) and is not a “Project” as defined in Public Resources Code Section 21065 of the California Environmental Quality Act (“CEQA”), and has determined that all requirements of CEQA have been met with respect to this Third Amendment; and WHEREAS, the CITY has approved an Amendment to the Specific Plan concurrent with its approval of this Third Amendment (the “SPA Amendment”).

NOW, THEREFORE, CITY and DEVELOPER agree to amend the Agreement as follows:

Term. Section 2.3 of the Agreement is deleted in its entirety, and is amended and restated as follows:
“2.3 Term. The term of this Agreement shall commence on the Effective Date of the Second Amendment which was August 12, 2021, and shall continue for a period of ten (10) years thereafter (the “Agreement Term”).

The Agreement Term shall extend without modification or amendment of this Agreement for one (1) additional five (5) year period following the expiration of the aforementioned ten (10) year Agreement Term provided that there exists no uncured default of which DEVELOPER has been given notice as to this Agreement or any other agreement or condition of approval relative to the development of the Property. The Agreement Term shall further extend without modification or amendment of this Agreement for 473
Resolution PC No. 2026-
79 one (1) additional five (5) year period following the expiration of the aforementioned fifteen (15) year Agreement Term provided:
(i) DEVELOPER shall have applied for and obtained building permits for at least forty percent (40%) of the residential DU’s in accordance with the Development Approvals by January 1, 2030; and
(ii) There exists no uncured default of which DEVELOPER has been given notices as to this Agreement or any other agreement or condition of approval relative to the development of the Property.

This final additional five (5) year period shall terminate unless DEVELOPER shall have applied for and obtained building permits for at least seventy percent (70%) of the residential DU’s in accordance with the Development Approvals by January 1, 2040.”
Development Impact Fees. Exhibit “E” to the Agreement is deleted in its entirety and replaced by Exhibit “E” attached hereto..

Circulation Improvement Fee Credit. The requirement in the former Exhibit “E” to the Agreement for the construction of the Citrus/Duncan Canyon traffic signal has been removed in Exhibit “E” attached hereto by the City resulting in a Circulation Fee adjustment of $114.48 per multi-family dwelling unit (556 DUs at Gardens) and $187.07 per single family dwelling unit (943 DUs at Meadows and Gardens) for a total true up payment obligation of $240,057.89 as set forth in Exhibit “E” attached hereto (the “True Up Payment”). Developer shall pay to City the True-Up Payment upon the earlier to occur of (i) City’s issuance of the final dwelling unit building permit within the Resort Village, or (ii) City’s issuance of a total of 2,962 building permits within the overall Project. Further, Section 4.2.7 of the Agreement is hereby amended by deleting the first two sentences of Section 4.2.7 in their entirety and replacing them with the following, which shall read as follows and inserting the following in replace thereof:
“DEVELOPER shall construct and dedicate the regional circulation improvements having a value of Eight Million One Hundred Seventy-Five Thousand Two Hundred Sixty-Four and 07/100 Dollars ($8,175,264.07) (the "Circulation Credit") set forth in Exhibit “E” in accordance with the phasing schedule attached hereto as Exhibit “E 1” and shall receive credit against the Project’s Circulation Improvement Fee, which is Fourteen Million Four Hundred Forty-Two Thousand Four Hundred Seventy-Six and 00/100 Dollars ($14,442,476.00), for constructing those improvements in accordance with Exhibit “E”. The remaining Fair Share Obligation of Six Million Two Hundred Sixty-Seven Thousand Two Hundred Eleven and 93/100 Dollars ($6,267,211.93) shall be paid as follows: for the first 1,028 single-family DU’s, $2,488.23 per DU, and for the first 2,436 condominium/townhouse DU’s, $1,522.71 per DU.”
Planning Area C-1. A new Section 4.3.5 and new Exhibits “E-3” and “L-1”, attached hereto, are hereby added to Section 4 of the Agreement, which shall read as follows:
“4.3.5. Planning Area C-1/Development Impact Fees/Excess Fee Credits.

Notwithstanding anything to the contrary in Section 4.2 of the Agreement, the following shall apply to Planning Area C-1 (“PA C-1”) in the Resort Village area of the Project as identified in Exhibit "B” attached hereto:
474
Resolution PC No. 2026-
80 4.3.5.1 Development Impact Fees. The SPA, in part,
modified the Land Use Plan for the Resort Village area of the Project to provide for the commercial development of PA C-1 which the City and Developer agree shall be deemed to contain approximately 65 EDUs (to be determined in accordance with City’s calculation of EDU’s for commercial facilities in the Land Use Regulations).

Subject to the “Excess Fee Credits” defined below, DEVELOPER shall pay to CITY the Development Impact Fees labeled
“Commercial” in Exhibit “L-1” attached hereto (the “Commercial DIF”) which will be collected for each building permit issued within PA C-1 and paid at the time required for payment in the City’s Land Use Regulations. During the remainder of the Agreement Term, inclusive of all extensions thereof, commencing as of the Effective Date, the Commercial DIF set forth in Exhibit “L-1” shall not be increased with respect to PA C-1, nor shall any new Development Impact Fees be levied upon PA C-1; provided that DEVELOPER shall be subject to any new or increased Pass Through Fees. Any reduction in any Commercial DIF shall apply only to building permits for which the Commercial DIF was not previously paid. Upon expiration of the Agreement Term, inclusive of all extensions thereof, the DEVELOPER shall thereafter pay the amount of Commercial DIF legally adopted and in effect by then-applicable CITY Land Use Regulations.

4.3.5.2 Excess Fee Credits. CITY acknowledges and
agrees that the total amount of fee credits received or to be received by DEVELOPER for its construction of certain public improvements under each of Sections 4.2.5 (Storm Drainage), 4.2.6 (Median Landscape), and 4.2.8 (Sewer Connection Credit) of the Agreement exceed the amount of Development Impact Fees payable by DEVELOPER for Storm Drainage, Median Landscape and Sewer Connection for all of the SFD and MF residential units approved for development in the Project as set forth in Exhibit “E” of the Agreement (the “Excess Fee Credits”). For that eighteen (18) month period commencing on the Effective Date of the Third Amendment to the Development Agreement, the CITY agrees that the Excess Fee Credits may be used by DEVELOPER as credits against the Commercial DIF charged for Storm Drainage, Median Landscape and Sewer Connection and payable by DEVELOPER for development of PA C-1 for commercial use. Exhibit “E-3” attached hereto identifies all of the Excess Fee Credits available for use by DEVELOPER to pay the Commercial DIF. Each application for a building permit within PA C-1 shall identify the type and amount of Excess Fee Credits being applied by Developer to that building permit. If building permits are issued within PA C-1 to the purchaser or lessee of a commercial lot from Developer, Excess Fee Credits necessary to pay the Commercial DIF charged for Storm Drainage, Median Landscape and Sewer Connection for such permits may be
assigned by Developer to such purchaser or lessee. Any Excess Fee Credits not used by DEVELOPER during the aforementioned 18- month period shall be forfeited by DEVELOPER.

Exhibit B. Exhibit “B” in the Agreement is deleted and replaced by the new Exhibit 475
Resolution PC No. 2026-
81 “B” attached to this Third Amendment.

Integration. This Third Amendment reflects the complete understanding of the parties with respect to the subject matter hereof. Except as expressly modified by this Third Amendment, the provisions of the Agreement shall govern the conduct of the parties. To the extent this Third Amendment conflicts with the Agreement, this Third Amendment supersedes such previous document. In all other respects, the parties hereto re-affirm and ratify all other provisions of the Agreement.

SIGNATURES FOLLOWS IMMEDIATELY ON NEXT PAGE
476
Resolution PC No. 2026-
82 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment as of the dates set forth below and this Third Amendment shall be effective on the date that the ordinance adopting this Agreement becomes effective. The term “Effective Date” as used in this Third Amendment means the Effective Date of the Agreement as defined in Section 1.1.13 of the Agreement.
“CITY”

CITY OF FONTANA
By:

Name:

Title:

Dated:

ATTEST:
_____________________________
City Clerk, Fontana
_____________________________
City Manager
_____________________________
Deputy City Manager
“DEVELOPER”

NORTH FONTANA INVESTMENT COMPANY, LLC,
a Delaware limited liability company
By: LC NORTH FONTANA, LLC,
a Delaware limited liability company - Its Member
By: LEWIS MANAGEMENT CORP.,
a Delaware corporation - Its Sole Manager
By:

Name: John M. Goodman
Its: Sr. EVP/CEO
By: YH SUMMIT LLC,
a California limited liability company - Its Member
By: YH COMMUNITIES, LLC,
a Delaware limited liability company
Its Manager
By:

Name: Jack H. Young
Its: Executive Vice President
APPROVED AS TO LEGAL FORM:

BEST, BEST & KRIEGER
By:

City Attorney
WBF:aa Z:\Legal\PROJECT DEV - CALIFORNIA\Fontana - Arboretum G2341\Arboretum Dev Agmt G2341E\Drafts\Third Amendment to DA (4-22-26 Lewis Draft) v6 clean.docx
477
Resolution PC No. 2026-
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss:

COUNTY OF __________________________________ )
On ___________, 20___, before me, ________________________________________ a Notary Public, personally appeared _____________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
[SEAL] __________________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss:

COUNTY OF __________________________________ )
On ___________, 20___, before me, _________________________________________ a Notary Public,
personally appeared _____________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
[SEAL] __________________________________
478
Resolution PC No. 2026-
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss:

COUNTY OF _________________________________ )
On ___________, 20___, before me, _________________________________________ a Notary Public,
personally appeared _____________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

STATE OF CALIFORNIA )
) ss:

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
[SEAL] __________________________________
479
Resolution PC No. 2026-
Exhibit A
EXHIBIT “A”

TO ARBORETUM DEVELOPMENT AGREEMENT
Description of Property
PARCEL 1:

THE EAST 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4; THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4; THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER; THE NORTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER; AND THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST ONEQUARTER, ALL IN SECTION 18, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE

AND MERIDIAN, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP OFFICIAL GOVERNMENT SURVEY THEREOF.

EXCEPTING FROM THE EAST 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 50% OF ALL OIL, GAS AND HYDROCARBONS IN AND UNDER SAID LAND,

WITHOUT SURFACE RIGHTS, AS RESERVED IN THE DEED FROM LOUISE MATTIS, ET UX, RECORDED JUNE 3, 1964, IN BOOK 6161, PAGE 333, OFFICIAL RECORDS.

APN: 0239-081-04, 0239-081-12, 0239-081-13, 0239-081-14, 0239-081-20 AND 0239-081-21 PARCEL 2:

THE EAST 1/3 OF THE SOUTH 1/2 OF GOVERNMENT LOT 4 OF THE SOUTHWEST 1/4 OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY

OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO

OFFICIAL GOVERNMENT PLAT THEREOF, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT 1320 FEET EAST OF THE SOUTHWEST CORNER OF SAID SECTION; THENCE NORTH 660 FEET; THENCE WEST 440 FEET; THENCE SOUTH 660 FEET; THENCE EAST 440 FEET TO THE POINT OF BEGINNING.

EXCEPT THEREFROM THE SOUTH 10 FEET THEREOF, AS CONVEYED TO J. P. LARKIN BY DEED DATED MAY 5, 1890, AND RECORDED MAY 16, 1890 IN BOOK 112, PAGE 395 OF DEEDS.

ALSO EXCEPTING THEREFROM ALL THAT PORTION THEREOF CONVEYED TO SOUTHERN CALIFORNIA GAS COMPANY AS TO A 70% INTEREST AND SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA, AS TO A 30% INTEREST, AS TENANTS IN COMMON, IN GRANT DEED RECORDED JANUARY 15, 1960 IN BOOK 5032, PAGE 276, OFFICIAL RECORDS.

APN: 0239-081-31
PARCEL 3A:

PARCELS 1, 2, 3 AND 4 OF PARCEL MAP NO. 4544, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 69 OF PARCEL MAPS, PAGES 55 AND 56, RECORDS OF SAID COUNTY.

APN: 0239-081-40 THROUGH 0239-081-43
PARCEL 3B:
480
Resolution PC No. 2026-
Exhibit A
A PERPETUAL EASEMENT FOR INGRESS AND EGRESS OVER THE MOST SOUTHERLY 30 FEET OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF

FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE

OFFICIAL PLAT OF SAID LAND APPROVED BY THE UNITED STATES SURVEYOR GENERAL, DATED OCTOBER 14, 1875 AS CONVEYED TO ANTHONY J. RIZZO, ET UX, BY DEEDS RECORDED CONCURRENTLY ON APRIL 3, 1981 AS INSTRUMENT NOS. 81-072264, 81-072265 AND 81-072267, ALL OF OFFICIAL RECORDS.

PARCEL 4A:

THE SOUTHWEST QUARTER OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THE NORTHWEST QUARTER OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THE NORTHEAST QUARTER OF THE

NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE

SOUTHEAST QUARTER OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, ALL IN SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN

BERNARDINO BASE AND MERIDIAN, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO,

STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND ON FILE IN THE DISTRICT LAND OFFICE.

APN: 0239-131-18 THROUGH 0239-131-21
PARCEL 4B:

AN EASEMENT FOR INGRESS AND EGRESS OVER THE EAST 20 FEET OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, DESCRIBED IN A DEED RECORDED IN BOOK 4349, PAGE 358 OF

OFFICIAL RECORDS, SAN BERNARDINO BASE AND MERIDIAN AND AN EASEMENT FOR INGRESS AND EGRESS OVER THE EAST 20 FEET OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, DESCRIBED IN A DEED RECORDED IN BOOK 4349, PAGE 359 OF OFFICIAL RECORDS, SAN BERNARDINO BASE AND MERIDIAN.

PARCEL 5:

THE NORTH 10 ACRES OF THE SOUTH 18 ACRES OF THE FRACTIONAL NORTHWEST ONEQUARTER OF THE NORTHWEST ONE-QUARTER; THE SOUTH 8 ACRES OF THE FRACTIONAL NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER AND THE NORTH 2 ACRES

OF THE FRACTIONAL SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, ALL IN SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY

OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL MAP THEREOF.

APN: 0239-131-35, 0239-131-36, 0239-131-38 AND 0239-131-39 PARCEL 6:

THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4; THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4; THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4; THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 AND THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST ¼, ALL IN SECTION 18, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF

FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
481
Resolution PC No. 2026-
Exhibit A
APN: 0239-081-15, 029-081-16, 029-081-18 AND 029-081-19 PARCEL 7:

THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4; THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 AND THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST ¼, ALL IN SECTION 18, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN

BERNARDINO BASE AND MERIDIAN, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO,

STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY FILED IN THE DISTRICT LAND OFFICE, OCTOBER 18, 1875.

APN: 0239-081-09, 029-081-28 AND 029-081-29
PARCEL 8:

THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF FONTANA,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL GOVERNMENT TOWNSHIP PLAT THEREOF.

EXCEPTING THEREFROM AN UNDIVIDED 1/2 OF ALL OIL, MINERALS, ASPHALTUM AND HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND AS RESERVED BY DEED FROM JAMES R. JOHNSON AND MILDRED E. JOHNSON, HUSBAND AND WIFE, TO A. K. BERRY AND ELIZABETH H. BERRY, HUSBAND AND WIFE, RECORDED NOVEMBER 25, 1957 IN BOOK 4376, PAGE 205, OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM THE SOUTH 80 FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 5

WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE

OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL DATED OCTOBER 14, 1875, AS SET OUT IN THAT CERTAIN DEED TO THE

METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, A PUBLIC CORPORATION, RECORDED FEBRUARY 8, 1971 IN BOOK 7605, PAGE 289, OFFICIAL RECORDS OF SAID COUNTY.

SAID 80-FOOT DIMENSION BEING MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 19.

ALSO EXCEPTING THEREFROM THE NORTH 32.88 FEET OF THE SOUTH 112.88 FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, DATED OCTOBER 14, 1875, AS SET OUT IN THAT CERTAIN DEED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, A PUBLIC CORPORATION, RECORDED JUNE 30, 1977 IN BOOK 9210, PAGE 1812, OFFICIAL RECORDS OF SAID COUNTY.

APN: 0239-131-43
PARCEL 9:

THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF NORTHEAST 1/4 AND THE NORTH 1/2 OF THE NORTHWEST 1/4 OF NORTHEAST 1/4, ALL IN SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF FONTANA,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT TOWNSHIP PLAT THEREOF.

APN: 0239-131-14 AND 0239-131-22
482
Resolution PC No. 2026-
Exhibit A
PARCEL 10:

THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 5

WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL MAP THEREOF.

EXCEPTING THEREFROM THE SOUTH 18 ACRES THEREOF.

APN: 0239-131-09
PARCEL 11:

THE NORTH ½ OF THE FRACTIONAL SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF

FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.

SAVING AND EXCEPTING THEREFROM THE NORTH 2 ACRES AND THE SOUTH 8 ACRES THEREOF, RUNNING ACROSS THE ENTIRE TRACT.

APN: 0239-131-06
PARCEL 12A:

THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN

THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING

TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, DATED OCTOBER 14, 1875.

APN: 0239-081-36
PARCEL 12B:

AN EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS THE SOUTH 20 FEET OF GOVERNMENT LOT 5, SECTION 18, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO

BASE AND MERIDIAN, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT TOWNSHIP PLAT THEREOF.

PARCEL 12C:

AN EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS THE NORTH 20 FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4, AND THE EAST 20 FEET OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF

FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT TOWNSHIP PLAT THEREOF.

PARCEL 12D:

AN EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS THE NORTH 20 FEET OF THE WEST 200 FEET OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF FONTANA,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT TOWNSHIP PLAT THEREOF.
483
Resolution PC No. 2026-
Exhibit A
PARCEL 13:

THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF

FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL DATED 14, 1875.

APN: 0239-081-11
PARCEL 14A:

THE EAST 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY

OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF.

APN: 0239-081-06
PARCEL 14B:

A RIGHT OF WAY AND EASEMENT FOR THE PURPOSE OF INGRESS AND EGRESS OVER AND ACROSS THE SOUTH 20 FEET OF GOVERNMENT LOT 5, SECTION 18, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF FONTANA, COUNTY

OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF.

PARCEL 15:

THE NORTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF FRACTIONAL NORTHWEST ONE-QUARTER AND THE NORTHEAST 1/4 OF FRACTIONAL NORTHWEST 1/4, ALL IN SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY

OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT TOWNSHIP PLAT THEREOF, APPROVED BY THE SURVEYOR GENERAL.

APN: 0239-131-03 AND 0239-131-10
PARCEL 16:

THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST,

SAN BERNARDINO MERIDIAN, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.

EXCEPT THEREFROM THE SOUTH 80 FEET AS CONVEYED TO THE METROPOLITAN WATER

DISTRICT OF SOUTH CALIFORNIA, A PUBLIC CORPORATION, IN DEED RECORDED FEBRUARY 27, 1970, IN BOOK 7395, PAGE 840, OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM THAT PORTION AS CONVEYED TO THE METROPOLITAN WATER

DISTRICT OF SOUTHERN CALIFORNIA, A PUBLIC CORPORATION, IN DEED RECORDED MARCH 1, 1977, IN BOOK 9124, PAGE 110, OFFICIAL RECORDS.

APN: 0239-131-45
PARCEL 17:

THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN

THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING 484
Resolution PC No. 2026-
Exhibit A

TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, DATED OCTOBER 14, 1875.

EXCEPTING THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES, LYING BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS EXCEPTED IN A DEED RECORDED AUGUST 18, 2014 AS INSTRUMENT NO. 2014-0298227 OF OFFICIAL RECORDS.

APN: 0239-081-37
PARCEL 18:

THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN

THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY.

APN: 0239-131-23
485
Exhibit B
EXHIBIT “B”

TO ARBORETUM DEVELOPMENT AGREEMENT

OVERALL LAND USE PLAN (UPDATED)
486
Exhibit E
EXHIBIT “E”

TO ARBORETUM DEVELOPMENT AGREEMENT
[SEE ATTACHED]
487
Exhibit
E
*Description of area used for Flood
PA Land Use Acres MF Units SF Units No. of Homes Control Facilities Fee: 1 LDR 30.3 259 259 2 LDR 28.2 128 128 413.2 3 LDR 21.5 198 198 36.5

80.0 0 585 585

8.8 9.9

3.4 PA Land Use Acres MF Units SF Units No. of Homes 354.6 1 MDR 10.1 124 0 124 2 MDR 6.8 90 90 3 MDR 8.6 88 88 4 MDR 8.5 86 86 Description of area used for 5 MDR 8.1 99 99 Storm Drain Facilities Fee: 6 MDR 5.1 69 69 7 MDR 12.3 109 109 Specific Plan Net Acreage 354.6 8 LDR 15.9 86 86 Parks -31.1 9 LDR 13.7 95 95 Arboretum SP w/out parks 323.5 10 LDR 14.8 68 68 Internal Streets (25%) -80.9
103.9 556 358 914 Arboretum Residential SD Acreage 242.6 Arboretum Park SD Acreage 31.1
Storm Drain Acreage 273.7
PA Land Use Acres MF Units SF Units No. of Homes 1 HDR 7.7 128 128 2 HDR 9.1 168 168 3 MDR 5.8 57 57 4 HDR 8.0 149 149 5 MDR 9.0 106 106 6 HDR 7.5 148 148 7 HDR 9.0 151 151 8 HDR 8.7 154 154 9 LDR 12.2 85 85 10 MDR 5.1 50 50
11 MDR 9.6 132 132
12 HDR 4.4 86 86
C-1 Comm 9.3 0
105.4 1,329 85 1,414
PA Land Use Acres MF Units SF Units No. of Homes 1 HDR 5.5 122 122 2 HDR 7.6 172 172 3 HDR 6.1 137 137 4 HDR 5.4 120 120

24.6 551 0 551
Residential Acres No. of Homes
313.9 2,436 1,028 3,464
A. POLICE FACILITIES IMPACT FEE
POLICE FACILITIES IMPACT FEE QUANT. UNIT FEE TOTAL
Residential, Single Family1 1,028 UNIT $ 472.00 $ 485,216.00 Residential, Multi Family2 (Note: MF Fee 0-2 Bedrooms $448) 2,436 UNIT $ 472.00 $ 1,149,792.00 FAIR SHARE OBLIGATION $ 1,635,008.00
B. LIBRARY FACILITIES IMPACT FEE
LIBRARY FEES QUANT. UNIT FEE TOTAL
Residential, Single Family 1,028 UNIT $ 99.00 $ 101,772.00 Residential, Multi Family (Note: MF Fee 0-2 Bedrooms $94) 2,436 UNIT $ 99.00 $ 241,164.00 FAIR SHARE OBLIGATION $ 342,936.00
Total Adjusted Gross Acreage per SP
The Meadows
Community Total:

The Gardens
The Resort
The Arboretum
Total Developer Gross Acreage
Less K-8 School in The Meadows
[NAP] and Elementary School in The
Resort
Less Activity Center in The Resort
[NAP] (Wright)
Less NAP in The Gardens (Lum)
Less NAP in The Resort (Baynosa)
488
Exhibit
E
C. FIRE FACILITIES IMPACT FEE
FIRE FEES QUANT. UNIT FEE TOTAL
Residential, Single Family 1,028 UNIT $ 164.00 $ 168,592.00 Residential, Multi Family 2,436 UNIT $ 164.00 $ 399,504.00 FAIR SHARE OBLIGATION $ 568,096.00
D. SANITARY SEWAGE FACILITIES EXPANSION IMPACT FEE [IEUA] SANITARY SEWAGE FACILITY EXPANSION FEE* QUANT. UNIT FEE TOTAL Residential, Single Family 1,028 UNIT $ 6,955.00 $ 7,149,740.00 Residential, Multi Family 2,436 UNIT $ 6,955.00 $ 16,942,380.00 FAIR SHARE OBLIGATION $ 24,092,120.00
E. SAN BERNARDINO COUNTY FLOOD CONTROL IMPACT FEE
FLOOD CONTROL IMPACT FEE QUANT. UNIT FEE TOTAL
Total Project 354.6 AC $ 4,405.00 1,562,013.00
FAIR SHARE OBLIGATION $ 1,562,013.00
G. SEWER CONNECTION IMPACT FEE
SEWER CONNECTION IMPACT FEE QUANT. UNIT FEE TOTAL
Residential, Single Family 1,028 UNIT $ 876.61 $ 901,155.08 Residential, Multi Family 2,436 UNIT $ 876.61 $ 2,135,421.96 Subtotal $ 3,036,577.04
Total Construction Credit $ (3,511,779.30)

SEWER CONNECTION
IMPACT CREDITS QUANT. UNIT COST TOTAL
12" VCP Sewer 6,780 LF $ 132.00 $ 894,960.00
15" VCP Sewer 6,720 LF $ 150.00 $ 1,008,000.00
18" VCP Sewer 1,320 LF $ 185.00 $ 244,200.00
48" Sewer Manhole 69 EA $ 5,782.00 $ 398,958.00
60" Sewer Manhole
Adjust Sewer Manhole to grade 69 EA $ 800.00 $ 55,200.00 Contingency 35% $ 910,461.30
TOTAL CONSTRUCTION CREDIT $ 3,511,779.30
H. PUBLIC FACILITIES IMPACT FEE
PUBLIC FACILITIES FEE QUANT. UNIT FEE TOTAL
Residential, Single Family 1,028 UNIT $ 445.00 $ 457,460.00 Residential, Multi Family 2,436 UNIT $ 358.32 $ 872,867.52 FAIR SHARE OBLIGATION $ 1,330,327.52
I. MUNICIPAL SERVICES IMPACT FEE
MUNICIPAL SERVICES FACILITIES FEE QUANT. UNIT FEE TOTAL Residential, Single Family 1,028 UNIT $ 1,700.00 $ 1,747,600.00 Residential, Multi Family 2,436 UNIT $ 1,700.00 $ 4,141,200.00 FAIR SHARE OBLIGATION $ 5,888,800.00
J. TRAFFIC/CIRCULATION IMPACT FEE
TRAFFIC/CIRCULATION IMPACT FEE QUANT. UNIT FEE TOTAL
Residential, Single Family 1,028 UNIT $ 5,734.00 $ 5,894,552.00 Residential, Multi Family 2,436 UNIT $ 3,509.00 $ 8,547,924.00 Subtotal $ 14,442,476.00
Arterial Construction Credits (49% of Circulation Fee) 49% of Circulation DIF $ (7,076,813.24) Interchange Component Credit (51% of Circulation Fee) 10% of Circulation DIF $ (1,098,450.83) Total Circulation Construction Fee Credits $ (8,175,264.07) FAIR SHARE OBLIGATION $ 6,267,211.93
Residential, Single Family 1,028 41% $ 2,488.23 $ 2,557,899.81 Residential, Multi Family 2,436 59% $ 1,522.71 $ 3,709,312.12 Note: Circulation Fee Adjustment for Deletion of Citrus/Duncan Cyn Traffic Signal is $114.48 per MF DU (556 DUs at Gardens) and $187.07 per SF DU (943 DUs at Meadows and Gardens). Total True Up $240,057.89.

Note: Circulation Fee for 19960 et al, 19961 et al, and 19962 et al (Meadows Village) is $1750.08 per SF DU. True Up Payment Addressed herein. 489
Exhibit
E
CIRCULATION ELEMENT IMPACT CREDIT QUANT. UNIT COST TOTAL Casa Grande
Excavation 0 CY $ 6.00 $ -
Remove Exist. AC 0 SF $ 1.25 $ -

6.5" A.C. Pavement 0 TONS $ 95.00 $ -
Sidewalk 14,280 SF $ 4.75 $ 67,830.00
Sleeves 0 LF $ 15.00 $ -
Traffic Signal [Citrus, Cypress] 2 EA $ 350,000.00 $ 700,000.00 Adjust Manhole to Grade 0 EA $ 800.00 $ -
TOTAL CASA GRANDE $ 807,100.00
CIRCULATION ELEMENT IMPACT CREDIT QUANT. UNIT COST TOTAL Sierra Avenue
Excavation 3,709 CY $ 6.00 $ 22,256.16
Remove Exist. AC 143,580 SF $ 0.45 $ 64,611.00

6.5" A.C. Pavement 10,414 TONS $ 95.00 $ 989,330.00
8" PCC Curb Only 4,770 LF $ 20.00 $ 95,400.00
8" PCC Curb and Gutter 640 LF $ 16.50 $ 10,560.00
Sidewalk 4,120 SF $ 4.75 $ 19,570.00
Sleeves 1,200 LF $ 15.00 $ 18,000.00
Traffic Signal [Grapeland/Segovia, Duncan Canyon] 2 EA $ 350,000.00 $ 700,000.00 Signal Interconnect (6-Pack w/96 Strand Fiber) 2,640 LF $ 35.00 $ 92,400.00 Adjust Manhole to Grade 23 EA $ 800.00 $ 18,400.00
TOTAL SIERRA AVENUE $ 2,030,527.16
CIRCULATION ELEMENT IMPACT CREDIT QUANT. UNIT COST TOTAL Duncan Canyon
Excavation 3,715 CY $ 6.00 $ 22,289.88
Remove Exist. AC 11,950 SF $ 0.45 $ 5,377.50

6.5" A.C. Pavement 8,142 TONS $ 95.00 $ 773,490.00
8" PCC Curb Only 9,953 LF $ 20.00 $ 199,060.00
8" PCC Curb and Gutter 1,564 LF $ 16.50 $ 25,806.00
Sidewalk 9,384 SF $ 4.75 $ 44,574.00
Sleeves 2,980 LF $ 15.00 $ 44,700.00
Traffic Signal [Cypress] 1 EA $ 350,000.00 $ 350,000.00 Signal Interconnect (6-Pack w/96 Strand Fiber) 5,280 LF $ 35.00 $ 184,800.00 Adjust Manhole to Grade 28 EA $ 800.00 $ 22,400.00
TOTAL DUNCAN CANYON $ 1,672,497.38
CIRCULATION ELEMENT IMPACT CREDIT QUANT. UNIT COST TOTAL Citrus Avenue
Excavation 1,560 CY $ 6.00 $ 9,359.40
Remove Exist. AC 54,890 SF $ 0.45 $ 24,700.50

6.5" A.C. Pavement 2,426 TONS $ 95.00 $ 230,470.00
8" PCC Curb Only 2,325 LF $ 20.00 $ 46,500.00
Sleeves 480 LF $ 15.00 $ 7,200.00
Traffic Signal EA $ 400,000.00 $ -
Signal Interconnect (6-Pack w/96 Strand Fiber) 2,640 LF $ 35.00 $ 92,400.00 TOTAL CITRUS AVENUE $ 421,029.90
CIRCULATION ELEMENT IMPACT CREDIT QUANT. UNIT COST TOTAL Cypress Avenue
Excavation 1,249 CY $ 6.00 $ 7,491.72
Remove Exist. AC 0 SF $ 1.25 $ -

6.5" A.C. Pavement 8,038 TONS $ 95.00 $ 763,610.00
8" PCC Curb and Gutter 1,370 LF $ 16.50 $ 22,605.00
Sidewalk 8,240 SF $ 4.75 $ 39,140.00
Sleeves 1,010 LF $ 15.00 $ 15,150.00
Traffic Signal 0 EA $ 400,000.00 $ -
Signal Interconnect (6-Pack w/96 Strand Fiber) 2,640 LF $ 35.00 $ 92,400.00 TOTAL CYPRESS AVENUE $ 1,068,996.72
Subtotal - Casa Grande, Sierra Ave, Duncan Canyon, Citrus Avenue, Cypress Ave $ 6,000,151.16 Adjustment for Meadows Improvements at Citrus/Casa Grande & Cypress/Casa Grande Intersections $ 55,600.00 Contingency (35%) $ 2,119,512.91
PROJECT CIRCULATION CONSTRUCTION COMPONENTS $ 8,175,264.07 490
Exhibit

E K MEDIAN LANDSCAPE FEE
MEDIAN LANDSCAPE FEE QUANT. UNIT FEE TOTAL
Residential, Single Family 1,028 UNIT $ 279.00 $ 286,812.00 Residential, Multi Family (Note: MF Fee 0-2 Bedrooms is $265) 2,436 UNIT $ 279.00 $ 679,644.00 Subtotal $ 966,456.00
Total Construction Credit $ (2,126,312.10)
FAIR SHARE OBLIGATION $ (1,159,856.10)
Residential, Single Family 1,028 30% $ (334.83) $ (344,206.72) Residential, Multi Family 2,436 70% $ (334.83) $ (815,649.38) MEDIAN LANDSCAPING CONSTRUCTION CREDITS QUANT. UNIT FEE TOTAL Median Landscaping [Duncan Canyon, Citrus, Cypress, Sierra]* 143,186 SF $ 11.00 $ 1,575,046.00 Subtotal $ 1,575,046.00
Contingency 35% $ 551,266.10
*Duncan Canyon (Citrus to Sierra); Citrus (between Tr. 16876/-1 and Duncan Canyon); Cypress (Duncan Canyon to Grapeland); Sierra (Duncan Canyon to Grapeland)
TOTAL MEDIAN CONSTRUCTION CREDIT $ 2,126,312.10
L. PARK DEVELOPMENT FEE
PARK DEVELOPMENT FEE QUANT. UNIT FEE TOTAL
Residential, Single Family 1,028 UNIT $ 6,500.00 $ 6,682,000.00 Residential, Multi Family 2,436 UNIT $ 5,981.70 $ 14,571,421.20 Subtotal $ 21,253,421.20
Total Construction Credit $ (24,625,728.85)
FAIR SHARE OBLIGATION $ (3,372,307.65)
Residential, Single Family 1,028 31% $ (1,031.36) $ (1,060,241.53) Residential, Multi Family 2,436 69% $ (949.12) $ (2,312,066.12) PARK
CONSTRUCTION CREDITS QUANT. UNIT COST TOTAL
Improvements for The Arboretum Park (10.7-AC)
Mobilization 1 LS $ 150,000.00 $ 150,000.00
Clearing & Grubbing 10.7 AC $ 5,000.00 $ 53,500.00
Excavation 44,000 CY $ 2.50 $ 110,000.00
Est. 12" to 18" PVC Drain System 4,000 LF $ 24.00 $ 96,000.00 Arboretum Park Hard/Softscape costs per Sitescapes Est. dated 6/12/08 1 LS $ 11,176,632.00 $ 11,176,632.00 [Amenities include: Picnic Area w/ BBQs, Community Garden, Children's Play Park, Central Plaza w/ Fountain, etc.] SWPPP 1 EA $ 20,000.00 $ 20,000.00
Subtotal $ 11,606,132.00
PARK

CONSTRUCTION CREDITS
Improvements for The Meadows Park (4.6-AC)
Mobilization 1 LS $ 100,000.00 $ 100,000.00
Clearing & Grubbing 4.7 AC $ 5,000.00 $ 23,500.00
Excavation 23,000 CY $ 2.50 $ 57,500.00
Est. 6" to 12" PVC Drain System 1 LS $ 75,000.00 $ 75,000.00 The Meadows Park Hard/Softscape costs per Sitescapes Est. dated June 2016 1 LS $ 3,735,255.00 $ 3,735,255.00 [Amenities include: Central Pavilion Shade Structure, Themed Children's Play Area, 2 Half-court Basketball Courts, etc.] SWPPP 1 EA $ 10,000.00 $ 10,000.00
Subtotal $ 4,001,255.00
PARK

CONSTRUCTION CREDITS
Improvements for Meadows Pocket Park (.7-AC)
Mobilization 1 LS $ 40,000.00 $ 40,000.00
Clearing & Grubbing 0.7 AC $ 5,000.00 $ 3,500.00
Excavation 3,400 CY $ 2.50 $ 8,500.00
Est. 6" to 12" PVC Drain System 1 LS $ 15,000.00 $ 15,000.00 The Meadows Pocket Park Hard/Softscape costs per Sitescapes Est. dated June 2016 1 LS $ 888,304.00 $ 888,304.00 [Amenities include: Tot Lot, Outdoor Picnic Area with BBQs, Shade Structures, and Community Orchard] SWPPP 1 EA $ 4,000.00 $ 4,000.00
Subtotal $ 959,304.00
Subtotal - Arboretum Park, Meadows Park, and Meadows Pocket Park $ 16,566,691.00 Contingency 35% $ 5,798,341.85
Total Park Improvements $ 21,405,728.85
Park Land Cost(Raw Land) 16.1 AC $ 200,000.00 $ 3,220,000.00 PARK CONSTRUCTION CREDITS $ 24,625,728.85
491
Exhibit
E
M. STORM DRAINAGE FACILITIES FEE
STORM DRAINAGE QUANT. UNIT FEE TOTAL
Arboretum SP 242.63 AC/NET $ 20,388.00 $ 4,946,638.50
Park 31.10 AC/NET $ 20,388.00 $ 634,066.80
Subtotal 273.73 $ 5,580,705.30
Total Construction Credits $ (13,661,885.25)
FAIR SHARE CONTRIBUTION BY DEVELOPER $ (8,081,179.95)
Net Acreage 273.73 AC/NET $ (29,522.99) $ (8,081,179.95)

STORM DRAINAGE
CONSTRUCTION CREDITS QUANT. UNIT COST TOTAL

MASTER PLAN DRAIN SYSTEM
30" RCP 885 LF $ 130.00 $ 115,050.00
36" RCP 1,045 LF $ 240.00 $ 250,800.00
48" RCP 4,210 LF $ 275.50 $ 1,159,855.00
60" RCP 940 LF $ 299.00 $ 281,060.00
66" RCP 2,650 LF $ 323.00 $ 855,950.00
72" RCP 300 LF $ 387.00 $ 116,100.00
78" RCP 1,160 LF $ 450.00 $ 522,000.00
84" RCP 4,595 LF $ 950.00 $ 4,365,250.00
90" RCP 735 LF $ 1,810.00 $ 1,330,350.00
Manhole 40 EA $ 20,000.00 $ 800,000.00
Junction Structure 16 EA $ 8,000.00 $ 128,000.00
Catch Basins 27 EA $ 6,500.00 $ 175,500.00
Junction Structure 2 EA $ 10,000.00 $ 20,000.00
Subtotal $ 10,119,915.00
Contingency 35% $ 3,541,970.25
SD CONSTRUCTION CREDITS $ 13,661,885.25 1The Single-Family DIF is charged when an individual lot is created and will be transferred to a third-party homebuyer in Fee Simple Absolute 2The Multi-Family DIF is charged when a condominium lot is created and transferred to a third-party homebuyer. 492
Exhibit E-3
EXHIBIT “E-3”

TO ARBORETUM DEVELOPMENT AGREEMENT
Excess Fee Credits
Excess Sewer Connection Credits $ 475,202.26
Excess Median Landscape Credits $ 1,159,856.10
493
Exhibit E-3
Excess Storm Drain Credits $ 8,081,179.95
494

Page 16 of 117 ends

EXHIBIT “L-1”

TO ARBORETUM DEVELOPMENT AGREEMENT
Arboretum Fee Schedule-Commercial
[As of Effective Date of Third Amendment]
495

Page 17 of 117 ends

Page 18 of 117 ends

** Approximately 65 EDUs (To be determined in accordance with City calculation of EDU’s for commercial facilities in the Land Use Regulations)
497
ATTACHMENT NO. 9

NOTICE OF DETERMINATION
TO: ☐ Clerk of the Board of Supervisors
or
X County Clerk Address:
222 W Hospitality Lane 1st Floor,
San Bernardino, CA 92415
FROM: Public Agency/Lead Agency Name:

City of Fontana
Address:
8353 Sierra Ave, Fontana CA 92335
Contact: Cecily Session-Goins
Phone: (909) 350-6723
Email: [email protected]
TO: X Office of Land Use and Climate Innovation
State Clearinghouse
1400 Tenth Street, Rm. 113
Sacramento, CA 95814
Lead Agency (if different from above)
Address:

Contact:

Phone:

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

State Clearinghouse Number
(If submitted to SCH):
2006071109
Project Title: Master Case (MCN) No. 23-000034 & Master Case (MCN) No. 23-000044: General Plan Amendment (GPA) No. 23-000002, Specific Plan Amendment (SPA) No. 23-000002, Tentative Tract Map No. 20646 (TTM No. 26-0006), Tentative Parcel Map No. 20851 (TPM No. 23-000008) & Design Review (DRP) No. 23-000011, Conditional Use Permit (CUP) No. 23-00005, & Development Agreement (AGR) No. 23-000012 Project Applicant (include address, telephone number and email address):

Daniel Wolzniak, Vice President – Planned Communities, 1156 N. Mountain Avenue, Upland, CA, (909) 579- 1231, [email protected]
Specific Project Location – Identify street address and cross street or attach a map showing project site (preferably a USGS 15’ or 7 ½’ topographical map identified by quadrangle name):

Arboretum Specific Plan – Generally bound by Sierra Avenue to the east, Citrus Avenue to the west, Casa Grande Street to the south and Grapeland Avenue to the north.

Commercial center project – Northwest corner of Sierra Avenue and Terra Vista Drive General Project Location (City and/or County): City of Fontana, County: San Bernardino 498
Notice of Determination
Project Description: Master Case (MCN) No. 23-000034 & Master Case (MCN) No. 23-000044: General Plan Amendment (GPA) No. 23-000002, Specific Plan Amendment (SPA) No. 23-000002, Tentative Tract Map No. 20646 (TTM No. 26-0006), Tentative Parcel Map No. 20851 (TPM No. 23-000008) & Design Review (DRP) No. 23-000011, Conditional Use Permit (CUP) No. 23-00005, & Development Agreement (AGR) No. 23-000012 - A request 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), to amend the Arboretum Specific Plan to modify allowed land uses and reconfigure planning areas and park sites, 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), for a conditional use permit for the sale of alcohol for off-site consumption in conjunction with the proposed grocery store, for a tentative parcel map to reconfigure and parcelize the remaining planning areas and park sites in the specific plan area, for a tentative tract map to subdivide the retail center, and to amend the Arboretum Specific Plan Development Agreement to reflect modified land uses in the specific plan, pursuant to an Addendum to the Arboretum Specific Plan Environmental Impact Report.

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

Daniel Wolzniak, Vice President – Planned Communities, 1156 N. Mountain Avenue, Upland, CA, (909) 579- 1231, [email protected]
This is to advise that the (☒ Lead Agency or ☐ Responsible Agency) has approved the above described project on June 2, 2026 and has made the following determinations regarding the above described project:

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

2. ☒ An Addendum to the Environmental Impact Report (SCH 2006071109) that was previously prepared for this project was prepared for this project pursuant to the provisions of CEQA. The Addendum and EIR thoroughly analyzed and discussed all potential environmental impacts. None of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent EIR or MND have occurred.

Additionally, this action does not include any additional impacts beyond those impacts already disclosed in the previous EIR and no further environmental review is required. Mitigation measures were made a condition of the approval of the project.
☐ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency.
☐ A Mitigated Negative Declaration was prepared for the project.

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

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

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

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

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

Custodian: Location:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
499
Notice of Determination
Date: Rina Leung
Senior Planner
Clerk’s File Stamp:
500
Notice of Determination
Authority cited: Sections 21083, Public Resources Code.

Reference Section 21000-21174, Public Resources Code.
501

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

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

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

Master Case (MCN) No. 23-000034 & Master Case (MCN) No. 23-000044: General Plan Amendment (GPA) No. 23-000002, Specific Plan Amendment (SPA) No. 23-000002, Tentative Tract Map No. 20646 (TTM No. 26-0006), Tentative Parcel Map No. 20851 (TPM No. 23-000008) & Design Review (DRP) No. 23- 000011, Conditional Use Permit (CUP) No. 23-00005, & Development Agreement No. 23-000012 A request 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), to amend the Arboretum Specific Plan to modify allowed land uses and reconfigure planning areas and park sites, 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), for a conditional use permit for the sale of alcohol for off-site consumption in conjunction with the proposed grocery store, for a tentative parcel map to reconfigure and parcelize the remaining planning areas and park sites in the specific plan area, for a tentative tract map to subdivide the retail center, and to amend the Arboretum Specific Plan Development Agreement to reflect modified land uses in the specific plan Environmental
Determination:

Pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines an Addendum to the Arboretum Specific Plan Program Environmental Impact Report (State Clearinghouse [SCH] No. 2006071109) has been prepared for this proposed project. The aforementioned EIR was adopted by the City Council on September 23, 2009, and it adequately identified any potential impacts associated with this project. This Addendum determined that there are no new additional impacts beyond what was anticipated in the EIR mentioned above.

Location of
Property:

Arboretum Specific Plan area: Generally
bounded by Grapeland Ave. to the north,
Casa Grande Ave. to the south, Sierra Ave.
to the east and Citrus Avenue to the west
Retail center: Northwest corner of Sierra
Avenue and Terra Vista Drive. (APN: 0239-
081-52)
Date of Hearing: June 2, 2026
SIERRA AVE.

CASA GRANDE AVE.

CITRUS AVE.

ARBORETUM

SPECIFIC PLAN AREA

PROPOSED

GENERAL PLAN

AMENDMENT
AND

COMMERCIAL
CENTER
ATTACHMENT NO. 10
502
Place of Hearing: Steelworkers Auditorium
8437 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 6:00 P.M.

Should you have any questions concerning this project, please contact Cecily Session-Goins, at (909) 350-6723.

E-mail: [email protected]

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

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

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

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

Publish date: May 13, 2026
1/8 Page
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Fontana City CouncilJuly 14, 2026

Fontana City Council
July 14, 2026