SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF RIALTO
AND
BCORE Defender CA1 WO4 LLC
Agreement Date: 1/6/2022
Subdivider Name: BCORE Defender CA1 WO4 LLC (hereinafter "Subdivider") Subdivision Name: Palmetto, Rialto (hereinafter "Subdivision") Tract No.: (No. of Lots: 1
Tentative: 2019-0004 _ Map No.: PM 20107 (hereinafter "Approved Tentative Map") (Approval Date: 8/2020
Improvement Plans Approved On: _ 1/6/2020 (hereinafter "Plans") Estimated Total Cost of Improvements: $ 260,381.95
(Including
Estimated Total Cost of Monumentation: $ 2,500.00 (Based upon the Plans, including Individual lots, subdivision boundary and public improvements) Security:
Bond Nos.: 800070132, 800070133
Surety: Atlantic Specialty Insurance Company
-OR-
Irrevocable Standby Letter of Credit No.:
Financial Institution:
-OR-
Cash/Certificate of Deposit, Agreement Dated:
Financial Institution:
Designees for the Service of Written Notice:
CITY: SUBDIVIDER:
City Engineer Name: BCORE Defender CA1 W04 LLC
City of Rialto Address: c/o: Cabot Properties
150 S. Palm Avenue One Beacon Street, Boston MA 02108
Rialto, CA 92376 Phone:
Phone: (909) 820-2602
CITY PROJECT INSPECTOR: SURETY:
City of Rialto Name: Atlantic Specialty Insurance Company Public Works Department Address: North 605, US-169 #800 335 W. Rialto Avenue
Rialto, CA 92376 Plymouth, MN 55441
Phone:
Phone: (909) 421-7294
ll
TABLE OF CONTENTS
1. Construction Obligations .. 1
1.1 Works of Improvement 1
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval
1.3 Intent of Plans..
1.4 Survey Monuments
1.5 Performance of Work
1.6 Changes in the Work
1.7 Defective Work
1.8 No Warranty by City
1.9 Authority of the City Engineer...
1.10 Documents Available at the Site.
1.11 Inspection..
1.12 Compliance with Law.
1.13 Suspension of Work.
1.14 Erosion and Dust Control and Environmental Mitigation
1.15 Final Acceptance of Works of Improvement
1.16 Vesting of Ownership
1.17 Subdivider's Obligation to Warn Public During Construction
1.18 Injury to Public Improvements, Public Property or Public Utility
2. Time for Performance. 5
2.1 Commencement and Completion Dates.
2.2 Phasing Requirements.
2.3 Force Majeure
2.4 Continuous Work
2.5 Reversion to Acreage
3. Labor. .. 7
3.1 Labor Standards.
3.2 Nondiscrimination.
3.3 Licensed Contractors.
3.4 Workers' Compensation
4. Security. 7
4.1 Required Security.
4.2 Form of Security Instruments...
4.3 Subdivider's Liability
4.4 Letters of Credit.
4.5 Release of Security Instruments.. 10
III
TABLE OF CONTENTS
5. Cost of Construction and Provision of Inspection Service 11
5.1 Subdivider Responsible for All Related Costs of Construction 11
5.2 Payment to City for Cost of Related Inspection and Engineering Services . 11
6. Acceptance of Offers of Dedication . 11
7. Warranty of Work 11
8. Default. .. 11
8.1 Default by Sudvider... .. 11
8.2 Remedies 12
8.3 'Notice of Violation.. 12
8.4 Remedies Not Exclusive 12
8.5 Attorney's Fees and Costs. 13
8.6 Waiver .. 13
9. Indemnity/Hold Harmless ... .. 13
10. Subdivider's Indemnity of Project Approval... .14
11. Insurance Requirements 14
12. Environmental Warranty 16
13. General Provisions 17
13.1 Successors and Assigns 17
13.2 No Third Party Beneficiaries. 18
13.3 No Vesting Rights 18
13.4 Subdivider is Not Agent of City.. 18
13.5 Time of the Essence 18
13.6 Notices 18
13.7 No Apportionment 18
13.8 Severability 18
13.9 Captions. 18
13.10 Incorporation of Recitals 19
13.11 Interpretation 19
13.12 Entire Agreement; Waivers and Amendments 19
13.13 Counterparts 19
14. Authority 19
IV
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this _6th_ day of Jan, 2022 by and between the CITY OF RIALTO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, ("CITY"), and _, a. _ (Subdivider").
BCORE Defender CA1 W04 LLC
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map identified as Tentative (Fract/Parcel) Map No. 20107_, (the "Map"), located in the City of Rialto, County of San Bernardino, State of California (the "Property"), as described on Exhibit "A". The Map requires Subdivider to comply with certain conditions of approval for the development of the Property (the "Conditions") as described on Exhibit "B".
B. Pursuant to the Conditions, Subdivider, by the Map, has offered for dedication to City for public use of the streets and easements shown on the Map. City desires to accept the streets and easements shown on the Map for public use, and certain other improvements described in this Agreement.
C. Subdivider has delivered to City, and City has approved, plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property.
D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving (Final/Parcel) Map No. 20107 for the Property and permitting development of the Property to.. proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein.
1. Construction Obligations.
1.1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements (the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and specifications, together with all related documents, the "Plans"). The estimated construction cost for the Works of Improvement is $_260,381.95
1.2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the Conditions on the Map for the Property. The Conditions associated with the Map are included as Exhibit "B" attached hereto.
1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer, (or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Subdivider's contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.
1.4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on (Final/Parcel) Map No. 20107 in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Rialto. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.
1.5. Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement.
1.6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or its contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the
City Engineer. The City and Subdivider may mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.
1.7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.
1.8. No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents.
1.9. Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and its contractor.
1.10. Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times.
1.11. Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractors) regarding the Works of Improvement.
Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the Subdivider's contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Subdivider's contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be considered as direct control of the individual workmen on the job site. City's inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.
1.12. Compliance With Law: Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the
conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law.
Subdivider shall construct the improvements in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.
Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Subdivider's contractor to comply with law pursuant to Section
1.12. In case of suspension of work for any cause whatsoever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary, and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary.
1.14. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.
1.15. Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the City's inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the Subdivider or its contractor of such items. After the Subdivider's contractor has completed these items, the procedure shall then be the same as specified above for the Subdivider's contractor's initial request for final inspection. If items are found by City's inspectors to be incomplete or not in compliance after two (2) "final" inspections, the City may require the Subdivider or its contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work pertormed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. Subdivider shall be responsible for pavment to City Engineer of re-inspection fees in the amount necessary to cover the City's costs for additional final inspections, as determined by the City Engineer.
No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acceptance on behalf of the City. Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.
1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.
1.17. Subdivider's Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements, and shall take reasonable actions to protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Subdivider shall provide forty-eight (48) hours' advance written notice to all neighboring property owners and tenants affected by Subdivider's operations or construction of the hours, dates and duration of any planned construction activities.
1.18. Injury to Public Improvements, Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement, Subdivider assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Subdivider shall replace or repair all Works of Improvements, public property, public utility facilities, and surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Subdivider, prior to the recordation of the Notice of Acceptance. Subdivider shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause, occurring to the work or Works of Improvements prior to recordation of the Notice of Acceptance of the work or improvements.
2. Time for Performance.
2.1. Commencement and Completion Dates. Subject to Sections 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two (2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended for a period or periods not exceeding two (2) years. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Subdivider has established good cause for an extension. As a condition of such extension, the City Engineer may require Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.
2.2. Phasing Requirements. Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both.
Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer's satisfaction.
2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and the City Engineer's decision shall be final.
2.4. Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted.
2.5. Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Section 66499.11 through Section 66499.20.1. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16, Subdivider hereby consents to such reversion to acreage and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage.
3. Labor.
3.1. Labor Standards. This Agreement is subject to, and Subdivider agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.
3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act ("FEHA"), California Government Code Section 12940 et seq., Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.
3.3. Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. All of Subdivider's contractors and subcontractors shall obtain a valid City of Rialto business license prior to performing any work pursuant to this Agreement. Subdivider shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all valid Contractor's licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.
Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and hall cause each such contractor and subcontractor to submit to City a Certificate o nsurance verifving such coverage prior to such contractor or subcontractor entering ont the job site.
4. Security.
4.1. Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"):
(i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $260,381.95 equal to 100% of the estimated construction cost referenced in Section 1.1.
(i) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to $260,381.95 equal to 100% of the estimated construction cost referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $ 2500.00 equal to 100% of the cost thereof.
This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty: Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance (Maintenance and Warranty Security Instrument"), in the amount of $ 26,068.50 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.
4.2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum - requirements and otherwise shall be in a form provided by City or otherwise approved by - the City Attorney:
Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter
of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Rialto, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument.
(iV) If the Subdivider seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of. this Agreement. Upon the City Engineer's acceptance of a replacement security, the former security may be released by the City.
4.3. Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument.
Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.
4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit
(expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account.
4.5. Release of Security Instruments. The City shall release all Security Instruments consistent with Government Code Sections 66499.7 and 66499.8 and as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law.
City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period.
The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees.
Cost of Construction and Provision of Inspection Service.
5.1. Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the Works of Improvement.
Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. n addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.
Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication.
Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.
Default.
8.1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
(a) Subdivider's failure to timely commence construction of Works of Improvement under this Agreement;
(b) Subdivider's failure to timely complete construction of the Works of Improvement;
(c) Subdivider's failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; Subdivider's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Subdivider's failure to perform any other obligation under this Agreement.
Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Subdivider's obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City's damages in the event of default by Subdivider. The City's right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City's damages for Subdivider's default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Subdivider fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Subdivider and the Subdivider's surety, Subdivider authorizes the City to perform the obligation for which Subdivider is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the expense of the Subdivider. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Subdivider's materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.
8.3. Notice of Violation. The Subdivider's failure to comply with the terms of this Agreement constitutes Subdivider's consent for the City to file a notice of violation against all the lots in the Subdivision, or to rescind or otherwise revert the Subdivision to acreage.
Subdivider specifically recognizes that the determination of whether a reversion to acreage or rescission of the Subdivision constitutes an adequate remedy for default by the Subdivider shall be within the sole discretion of the City.
8.4. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, the Subdivider agrees that the choice of remedy or remedies for Subdivider's breach shall be in the discretion of the City.
Additionally, any remedy specifically provided in this Agreement shall be in addition to,
and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.
8.5. Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.
8.6. Waiver. No waiver by the City of any breach or default by the Subdivider shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.
9. Indemnity/Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement.
Subdivider further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements. Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section. City shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.
After recordation of the Notice of Acceptance, the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. The provisions of this paragraph shall remain in full force and effect for ten (10) years following the recordation of the Notice of Acceptance by the City of the Works of Improvements. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.
Subdivider shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.
10. Subdivider's Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Subdivider of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney's fees and costs and defends the action in good faith. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider.
11: Insurance Requirements. Subdivider, at Subdivider's sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City's authorized designee for Risk Management prior to commencing any work:
Commercial General Liability policy with a minimum $1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (ii) Owners' and contractors' protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
Coverage shall apply to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Agreement; and
Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy.
Workers Compensation and Employers' Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
(i) This policy shall provide coverage for Workers' Compensation (Coverage A); and
This policy shall provide coverage for $1,000,000 Employers' Liability (Coverage B).
(ii) Pursuant to Labor Code section 1861, Subdivider by executing this Agreement certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." Prior to commencement of work, the Subdivider shall file with the City's Risk Manager a Certificate of Insurance or certification of permission to self-insure workers' compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) "The City of Rialto, its officers, employees and agents are hereby added as additional insureds."
(ii) "This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only." (iii) "This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company."
"Thirty (30) days prior written notice of cancellation shall be given to the City of Rialto in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non-payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below. (v) Subsection d(iv) hereinabove "Cancellation Notice" is the only endorsement required of the Workers' Compensation and Employers' Liability policy.
(e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Subdivider's insurance company as evidence of the coverage required herein and shall be mailed to:
City of Rialto
Risk Management
150 S. Palm Avenue
Rialto, CA 92376
12. Environmental Warranty.
12.1. Prior to the acceptance of any dedications or Works of Improvement by City, Subdivider shall provide City with a written warranty in a form substantially similar to Exhibit "C" attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.
(b) Neither Subdivider nor any other person with Subdivider's permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term "Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as "Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to
time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
(c) Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Subdivider's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.
12.2. Subdivider shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
(d) Subdivider's discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.
13. General Provisions.
13.1. Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. Subdivider hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Subdivider in the City's approval of this Agreement. In the event the Property is subsequently conveyed by Subdivider to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Subdivider's responsibilities with regard to this Agreement, (the "Replacement Subdivider"), the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Subdivider as a condition of the City's approval of this Agreement, shall remain Subdivider's responsibility to maintain until such time as Subdivider and its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, (the "Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Subdivider to its Replacement Subdivider, and to acknowledge the rights and obligations associated with this Agreement upon the
Replacement Subdivider, including Replacement Subdivider's responsibility to furnish replacement Security Instruments meeting the City's approval pursuant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City's approval, is executed by Subdivider and its Replacement Subdivider, and replacement Security Instruments meeting City's approval are furnished by the Replacement Subdivider, Subdivider retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.
13.2. No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.
13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider's rights with respect to any change in any zoning or building law or ordinance.
13.4. Subdivider is Not Agent of City. Neither Subdivider nor Subdivider's agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Subdivider's obligations under this Agreement.
13.5. Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement.
13.6. Notices. Unless otherwise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.
Either party may provide a new designated representative and/or address by written notice as provided in this Section.
13.7. No Apportionment. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or trom entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements pursuant to the provisions of the City ordinances providing therefore. Nor shall anything in the Agreement commit City to any such apportionment.
13.8. Severability. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.
13.10. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.
13.11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.
13.12. Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.
13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.
Authority. The persons executing this Agreement on behalf of the parties warrant the (1) party is duly organized and existing, (i) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.
CITY OF RIALTO, CALIFORNIA SUBDIVIDER
By: By: BCORE Defender CA1 W04 LLC
Deborah Robertson, Mayor
Name:
APPROVED BY THE CITY COUNCIL
Title: VP
Date:
Agreement No.:
ATTEST:
By:
Barbara McGee, City Clerk
APPROVED AS TO FORM:
By:
Eric S. Vail, City Attorney
RECOMMENDED:
018 AL
By:
David S. Hammer P.E
City Engineer
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Neto Rick
County of New York
On JAnuAry 315 , 2022 before me, BAnicA Defrank NotAry
Here Insert Name and Title of the Officer
personally appeared Britten Winteres
Name(s) of Signer(s)
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 they 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 BANICA DEFRANK and correct.
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 01DE628365 WITNESS my hand and official seal.
Qualified in Queens Count
Commission Expires June 03, 2025
Signature Banice Pepian K
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
L Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
EXHIBIT "A"
Parcel MAP 20107 LEGAL DESCRIPTION
Map No. 20107 as recorded in Map Book_20. Pages_58_through 58_inclusive, records of San Bernardino County, California.
Exhibit "A"
PRELIMINARY REPORT Chicago Title Compan
YOUR REFERENCE: PM 20107 ORDER NO.: 00145905-996-SD1-RT2 EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF RIALTO, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THE EASTERLY 113 FEET OF THE SOUTH ½ OF LOT 1 OF GOLDEN ORANGE ACRES, IN THE CITY OF
RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 20, PAGE 58 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE SOUTHERLY 40 FEET THEREOF.
ALSO EXCEPT THEREFROM THAT PORTION CONVEYED TO THE CITY OF RIALTO, A MUNICIPAL CORPORATION, BY DEED NO. 796 RECORDED JUNE 5, 1970 IN BOOK 7456, PAGE 239 OF OFFICIAL RECORDS.
APN 0240-181-13-0-000
PARCEL 2:
THE SOUTH ONE-HALF OF LOT 1 OF GOLDEN ORANGE ACRES, IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 20, PAGE 58 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE EAST 113 FEET THEREOF.
ALSO EXCEPT THEREFROM THE SOUTHERLY 40 FEET CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED JULY 2, 1956 IN BOOK 3977, PAGE 120 OF OFFICIAL RECORDS.
APN 0240-181-14-0-000
PARCEL 3:
THE NORTH HALF OF LOT 1 OF GOLDEN ORANGE ACRES, IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 20, PAGE 58 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE NORTH 106.9 FEET AND THE SOUTH 106.9 FEET THEREOF.
APN 0240-181-16-0-000
PARCEL 4:
"HE NORTH 106.9 FEET OF LOT 1 OF GOLDEN ORANGE ACRES. IN THE CITY OF RIALTO, COUNTY O AN BERNARDINO, STATE OF CALIFORNIA. AS PER MAP RECORDED IN BOOK 20. PAGE 58 OF MAPS. I THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN 0240-181-17-0-000
PARCEL 5:
CLTA Preliminary Report Form - Modified (11/17/06) Page 3 PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE: PM 20107 ORDER NO.: 00145905-996-SD1-RT-
EXHIBIT A
(Continued)
THE SOUTHERLY 106.8 FEET OF THE NORTH ½ OF LOT 1, GOLDEN ORANGE ACRES, IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 20, PAGE 58 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THE EASTERLY 196.75 FEET THEREOF.
ALSO EXCEPTING 10% OF ALL GAS, OIL, HYDROCARBONS AND 10% OF ALL MINERALS LYING IN, ON
OR UNDER SAID LAND, WITHOUT THE RIGHT TO SURFACE ENTRY, RESERVED BY MILDRED WILSON, A MARRIED WOMAN, BY DEED RECORDED FEBRUARY 11, 1964 IN BOOK 6085, PAGE 596 OF OFFICIAL RECORDS.
APN 0240-181-28-0-000
PARCEL 6:
THE EASTERLY 169.75 FEET OF THE SOUTHERLY 106.8 FEET OF THE NORTH HALF OF LOT 1, GOLDEN
ORANGE ACRES, IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 20, PAGE 58 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN 0240-181-29-0-000
CLTA Preliminary Report Form - Modified (11/17/06) Page 4 EXHIBIT "B"
TENTATIVEParcel MAP 20107 CONDITIONS OF APPROVAL
The Conditions issued to Subdivider for development of the Property follow this page.
Exhibit "B"
WALTO CALIFOR
City of Rialto
California
August 6, 2020
Kevin Rice
Patriot Development Partners, LLC
5710 Crescent Park East, Suite 429
Playa Vista, CA 90094
RE: PRECISE PLAN OF DESIGN NO. 2019-0035 (MASTER CASE NO. 2019-0043):
Development of a 90,726 square foot industrial warehouse building, and associated paving, drainage, lighting, fencing, and landscaping on 4.25 gross acres (4.17 net acres) of land (APNs: 0240-181-13, -14, -16, -17, - 28, & - 29) located at the northeast comer of Base Line Road and Palmetto Avenue within the Employment (EMP) zone of the Renaissance Specific Plan.
Dear Mr. Rice:
The purpose of this letter is to confirm your request to develop a 90,726 square foot warehouse building, and associated paving, drainage, lighting, and landscaping on the project site has been approved, which required the approval of a Tentative Parcel Map, Conditional Development Permit, Precise Plan of Design, and an associated Mitigated Negative Declaration. On July 8, 2020, the Planning Commission approved Tentative Parcel Map No. 2019-0004, Conditional Development Permit No. 2019-0016, and a Mitigated Negative Declaration for the project, allowing both the consolidation of the six (6) parcels of land that comprise the site into one (1) 4.17 net acre parcel of land and a ten percent (10%) increase in the permitted floor area ratio from forty percent (40%) to fifty percent (50%) through the implementation of non-residential development incentives by adopting Planning Commission Resolution Nos. 2020-15, 2020-16, and 2020-17.
On Wednesday, July 29, 2020, the City's Development Review Committee (DRC) approved Precise Plan of Design No. 2019-0035, subject to the attached project plans and conditions of approval. In approving the project, the DRC found the following:
Pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. (" CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), the City of Rialto reviewed an Initial Study (Environmental Assessment Review No. 2019-0046) prepared by Dudek and determined that there is no substantial evidence that the approval of the Project would result in a significant adverse effect on the environment, provided appropriate mitigation measures are imposed on the Project; thus, a Mitigated Negative Declaration was prepared and notice thereof was given in the manner required by law. Subsequently, on July 8, 2020, the Planning ommission adopted the Mitigated Negative Declaration prepared for the project. Th evelopment Review Committee DRC) found the project to be consistent, and within the scope of, the adopted Mitigated Negative Declaration in approving the Precise Plan of
2. The proposed development is in compliance with all City Ordinances and Regulations, unless in accordance with an approved variance.
Finding of Fact: The Project, as conditioned herein, will comply with all City ordinances and regulations, including those within the Renaissance Specific Plan. The Site has a General Plan land use designation of Specific Plan with a Specific Plan Overlay and a zoning designation of Employment (EMP) within the Renaissance Specific Plan. Those designations allow for the development and operation of industrial warehouse buildings, as proposed by the Project. Additionally, the Project meets all of the required development standards and design guidelines of the EMP zone including, but not limited to, required building setbacks, parking, landscaping, building height, architectural enhancements, etc., with the exception of floor area ratio. However, in accordance with page 3-45 of Section 3 (Development Criteria) of the Renaissance Specific Plan, the Planning Commission approved Conditional Development Permit No. 2019-0016 for the project granting a 10.0% increase in the maximum allowable floor area ratio from 40.0% to 50.0% in exchange for the incorporation of five (5) specific design features. To achieve the desired 0.50 FAR, the applicant will place the main entrance of the office near the public sidewalk along Base Line Road, will install five (5) decorative LED illuminated pillars near the public sidewalk along Base Line Road, will install enhanced architectural features at the southwest corner of the building facing the intersection of Base Line Road and Palmetto Avenue, will construct an outdoor employee plaza consisting of decorative overhead trellises and durable outdoor furmiture to serve as break/lunch/meeting area for employees, and will achieve LEED certification.
3. The site is physically suitable for the proposed development, and the proposed development will be arranged, designed, constructed, and maintained so that it will not be unreasonably detrimental or injurious to property, improvements, or the health, safety or general welfare of the general public in the vicinity, or otherwise be inharmonious with the city's general plan and its objectives, zoning ordinances or any applicable specific plan and its objectives.
Finding of Fact: The project site is rectangular in shape, 4.25 gross acres (4.17 net acres) in size, and zoned Employment (EMP) within the Renaissance Specific Plan. To the north of the project site is a 677,225 square foot industrial warehouse building occupied by Keeco, and to the east is a 99,999 square foot industrial warehouse building nearing completion of construction. To the south, across Base Line Road, are several single-family residences within the City of Fontana, and to the west, across Palmetto Avenue, are two (2) single- family residences within the City of Fontana. The zoning of the project site and the property to the east is Employment (EMP) within the Renaissance Specific Plan, the zoning of the property to the north is Planned Industrial Development (I-PID) within the Rialto Airport Specific Plan, and the properties to the west and south are within the City of Fontana. The Project is consistent with the Employment (EMP) zone and the surrounding land uses. The nearest sensitive uses are the single-family residences to west and south of the Site. The project is not expected to negatively impact any uses with the successful implementation of mitigations such as landscape buffering, the installation of solid screen walls, aesthetic building enhancements, and other traftic relates measures. Additionally, the 10.0% increase in the allowable FAR, resulting in a larger building at the Site, has been assessed in the Initial Study prepared for the Project, in which it is determined that the increase will not result in any significant impacts to persons residing or working in the area.
4. The proposed development will not unreasonably interfere with the use or enjoyment of neighboring property rights or endanger the peace, health, safety or welfare of the general public.
Finding of Fact: The Project's effects will be minimized through the implementation of the Conditions of Approval contained herein, such as extensive landscaping, decorative paving, and enhanced architectural features. To the north of the project site is a 677,225 square foot industrial warehouse building occupied by Keeco, and to the east is a 99,999 square foot industrial warehouse building nearing completion of construction. To the south, across Base Line Road, are several single-family residences within the City of Fontana, and to the west, across Palmetto Avenue, are two (2) single-family residences within the City of Fontana.
The project entails the development of a 90,726 square foot industrial warehouse building with corresponding improvements. The project is consistent with the EMP zone and the warehouse uses to the north and east of the project site. The nearest sensitive uses are the single-family residences located to the south, across Base Line Road, and the west, across Palmetto Avenue. The development and operation of the proposed industrial building will not interfere with the residents to the south and west as the orientation of the building, the incorporation of screen walls around the truck court, and the incorporation of perimeter landscaping will all serve as a buffer to reduce impacts to a level of insignificance.
Additionally, the residences to the south and west are approximately 100 to 125 feet away from the project site and separated by existing public streets further serving as a buffer.
5. The proposed development will not substantially interfere with the orderly or planned development of the City of Rialto.
Finding of Fact: The Project is consistent with the underlying Employment (EMP) zone and is a logical addition to the existing industrial warehouse buildings to the north and east of the project site, and within the same city block as the project site. The design of the project will ensure a continuation of public improvements and aesthetics present in the surrounding area.
The Development Review Committee has reviewed the design of the project, and conditioned appropriately herein, to ensure compliance with all health, safety, and design requirements to ensure that the project will enhance the infrastructure and aesthetics of the frames for this processing will vary depending on City workload, the complexity of the project and If you are aggrieved by any of the Conditions set forth in this approval letter, please contact the ppropriate staff member as identified in the Conditions of Approval. If you still wish to discuss th ustification for a particular condition and prefer to discuss this with the Development Reviet Committee (DRC), please contact the Planning Division at (909) 820-2535, in order to schedule a meeting with the DRC. Pursuant to City Council Resolution No. 2507, if you still do not concur with the Conditions of Approval by the (DRC), you may appeal the DRC conditions to the Planning Commission. The written appeal shall be filed to the Development Services Department and shall specifically state why you disagree with the Conditions of Approval set forth by the DRC.
Additionally, please take the time to complete the enclosed Development Review Process Survey.
Your input will greatly assist us in providing the best possible service to residents, developers, and organizations doing business within the City of Rialto.
Should you have any questions or if we may be of any assistance, please do not hesitate to contact this office.
Sincerely,
Daniel Casey
Senior Planner
Enclosures
PPD No. 2019-0035 Conditions
CC: Development Review Committee (via email)
City of Rialto
California
DEVELOPMENT REVIEW COMMITTEE
STATEMENT OF ACCEPTANCE
Patriot Development Partners. LLC
Kevin Rice — Principal
(Print Name/Title)
(Signature)
8/5/2020
(Date)
Project Conditions
City of Rialto
Project Number: PPD2019-0035 Description: NEW 90,7265F WAREHOUSE ON 4.25 GROSS ACRES Applied: 7/1/2019 Approved: 7/29/2020 Site Address: 1293 PALMETTO AVE Closed: Expired: City, State Zip Code: RIALTO, CA 92376 Status: APPROVED Applicant: PATRIOT DEVELOPMENT PARTNERS Parent Project: MC2019-0043 Owner: BARRAGAN, JUAN C
Contractor: <NONE>
V Satisfied
Details: N/A Not Applicable to
FILE COMPETED ON 7-10-2019 Not Satisfied Engineering Review
LIST OF CONDITIONS
SEQ NO ADDED DATE REQUIRED DATE SATISFY DATE TYPE STATUS
DEPARTMENT CONTACT REMARKS
1 7/27/2020 P1 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
Precise Plan of Design No. 2019-0035 is approved allowing the development of a 90,726 square foot industrial warehouse building and associated paving, lighting, fencing, and landscaping on 4.25 gross acres (4.17 net acres) of land (APNs: 0240-181-13, -14, -16, -17, -28, & -29) located at the northeast corner of Base Line Road and Palmetto Avenue, subject to the conditions of approval contained herein. 2 7/27/2020 P2 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes: N/ A
The approval of Precise Plan of Design No. 2019-0035 is granted for a one (1) year period from the date of approval. Approval of Precise Plan of Design lo. 2019-0035 will not become effective until the applicant has signed a Statement of Acceptance acknowledging awareness and acceptance of ti equired conditions of approval contained herein. Any request for an extension shall be reviewed by the Community Development Director and shall t based on the progress that has taken place toward the development of the project. 3 7/27/2020 P3 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
4 7/27/2020 P4 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
The development associated with Precise Plan of Design No. 2019-0035 shall comply with all applicable sections of the Renaissance Specific Plan, the Rialto Municipal Code, and all other applicable State and local laws and ordinances.
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TRAIT
Project Conditions
City of Rialto
5 7/27/2020 P5 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
This checklist is confirming this
The applicant shall comply and abide by all conditions of approval contained within Planning Commission Resolution Nos. 2020-15, 2020-16, and 2020- 17 and Precise Plan of Design No. 2019-0035, per the applicable timing specified within each condition. 6 7/27/2020 P6
PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
N/A
e applicant shall complete and abide by all pre-construction mitigation measures contained within the Mitigation Monitoring and Reporting Progra sociated with the Mitigated Negative Declaration (Environmental Assessment Review No. 2019-0046) adopted for the project, prior to the issuance a grading permit.
7 7/27/2020
PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
The applicant shall complete and abide by all during-construction mitigation measures contained within the Mitigation Monitoring and Reporting Program associated with the Mitigated Negative Declaration (Environmental Assessment Review No. 2019-0046) adopted for the project, prior to the issuance of a Certificate of Occupancy.
8 7/27/2020 P8 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
The tenant(s) within the building shall always conduct operations consistent with the environmental analysis contained within the Mitigated Negative Declaration (Environmental Assessment Review No. 2019-0046) adopted for the project. 9 7/27/2020 P9
PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes: INT
The property owner and building tenants) shall always abide by all operational mitigation measures contained within the Mitigation Monitoring and Reporting Program associated with the Mitigated Negative Declaration (Environmental Assessment Review No. 2019-0046) adopted for the project. 10 7/27/2020 P10 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
City inspectors shall have access to the site to reasonably inspect the site during normal working hours to assure compliance with these conditions and other codes.
11 7/27/2020 P11
PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes: N/A
The applicant shall defend, indemnify and hold harmless the City of Rialto, its agents, officers, or employees from any claims, damages, action, or procedureaint the die or is gent, of cera, of eles 20190035. The cry wil promptly noty the apticanto any such chim, anton, areal proceeding against the City and will cooperate fully in the defense.
Printed: Wednesday, 05 August, 2020 2 of22 1
neXT
Project Conditions
City of Rialto
12 7/27/2020 P12 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
The applicant shall secure the services of a tribal cultural monitor to be present during all ground disturbance activities associated with the construction of this project. The tribal cultural monitor shall be approved by the Gabrieleño Band of Mission Indians-Kizh Nation, and documentation of coordinatior tween the applicant and the Gabrieleño Band of Mission Indians-Kizh Nation on this matter shall be provided to the Planning Division prior to th issuance of a grading permit.
13 7/27/2020 P13 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
The applicant shall install decorative pavement within each driveway connected to Base Line Road and Palmetto Avenue. The decorative pavement shall extend across the entire width of each driveway and shall have a minimum depth of twenty-eight (28) feet as measured from the property lines along Base Line Road and Palmetto Avenue. Decorative pavement means decorative pavers and/or color concrete with patterns and color variety. The location of the decorative pavement shall be identified on the Precise Grading Plan prior to the issuance of a grading permit, and it shall also be identified on the site plan within the formal building plan check submittal prior to the issuance of building permits. The type of decorative pavement shall be identified on the formal Landscape Plan submittal, and other on-site improvement plans, prior to the issuance of building permits. 14 7/27/2020 P14 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
The applicant shall install a "Community Gateway" sign at the southwest corner of the project site, near the intersection of Base Line Road and Palmetto Avenue, in accordance with Figure 4-1 (Entries and Monuments) of the Renaissance Specific Plan. The "Community Gateway" sign shall be setback five (5) feet behind the landscape easement along Base Line Road and Palmetto Avenue. The exact location of the "Community Gateway" sign shall be identified on the precise grading plan prior to the issuance of a grading permit. The applicant shall obtain a building permit from the Building Division for the "Community Gateway" sign, and construction of the "Community Gateway" sign shall pass final inspection prior to the issuance of a Certificate of Occupancy.
.-_. 15 7/27/2020 P15 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
The applicant shall install the proposed public art a minimum of five (5) feet behind the landscape easement along Base Line Road. The exact location of the public art shall be identified on the precise grading plan prior to the issuance of a grading permit. An elevation detail for the public art shall be included in the formal building plan check submittal prior to the issuance of buildings permits. The applicant shall obtain a building permit from the Building Division for the public art, and construction of the public art shall pass final inspection prior to the issuance of the Certificate of Occupancy. 16 7/27/2020 P16 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
The applicant shall grade the landscape setbacks along Base Line Road and Palmetto Avenue with an upward slope leading from the back of the Printed: Wednesday, 05 August, 2020 3 of 22
TRAKT
Project Conditions
City of Rialto
17 7/27/2020 P17 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes: VIA
In order to provide enhanced building design in accordance with Section 4 of the Renaissance Specific Plan (Design Guidelines), the applicant shall route all downspouts through the interior of the building. The internal downspouts shall be identified within the formal building plan check submittal prior to the issuance of building permits.
18 7/27/2020 P18 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
19 7/27/2020 P19 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
In order to provide enhanced building design in accordance with Section 4 of the Renaissance Specific Plan (Design Guidelines), the applicant shall provide only internal roof access for the building. The internal roof access shall be identified within the formal building plan check submittal prior to the issuance of building permits.
20 7/27/2020 P20 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes: Architect plans referenced
All new walls installed on site, including retaining walls, shall be comprised of decorative masonry block or decorative concrete. Decorative masonry block means tan slumpstone block, tan split-face block, or precision block with a stucco, plaster, or cultured stone finish. Decorative concrete means painted concrete with patterns, reveals, and/or trim lines. Pilasters shall be incorporated within ali new walls visible from the public right-of-way. The pilasters shall be spaced a maximum of fifty (50) feet on-center and shall be placed at all corners and ends of the wall. All pilasters shall protrude a minimum six (6) inches above and to the side of the wall. All decorative masonry walls and pilasters shall include a decorative masonry cap. All walls and pilasters shall be identified on the site plan and precise grading plan, and an elevation detail for the walls shall be included in the formal building plan check submittal prior to the issuance of building permits. 21 7/27/2020 P21 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes: N/A
All entryways into the truck court shall be secured with solid metal gates up to the height of the adjoining wall for the purpose of screening trucks and trailers parked within the truck court. All new gates shall be identified on the site plan, and an elevation detail for the gates shall be included in the formal building plan check submittal prior to the issuance of building permits. The gates shall be painted to match the color of the adjoining wall prior to the issuance of a Certificate of Occupancy.
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TRAKIT
Project Conditions
City of Rialto
22 7/27/2020 P22 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes: Architect plans referenced
All new fencing installed on site shall be comprised of tubular steel. Decorative masonry or decorative concrete pilasters, with a minimum dimension of sixteen (16) inch square, shall be incorporated within all new fencing visible from any public right-of-way. Decorative masonry block means tan slumpstone block, tan split-face block, or precision block with a stucco, plaster, or cultured stone finish. Decorative concrete means painted concrete 23 7/27/2020 P23 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes: N
The applicant shall construct two (2) ADA accessible trash enclosures on the project site. The trash enclosures shall provide room for one (1) commercial waste container and one (1) commercial recycling container. The exterior of the trash enclosure shall match the material and base color of the building Additionally, each trash enclosure shall contain solid steel doors and a flat solid cover. Corrugated metal and chain-link are not acceptable materials to use as a part of the trash enclosure. The location of each trash enclosure shall be identified on the site plan within the formal building plan check prior to the issuance of building permits. An elevation detail for the trash enclosures shall be provided within formal building plan check submittal prior to the issuance of building permits.
24 7/27/2020 P24 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
All new light standards, including the base, shall have a maximum height of twenty-five (25) feet, as measured from the finished surface. Lighting shall be shielded and/or directed toward the site so as not to produce direct glare or "stray light" onto adiacent properties. All light standards shall be identified on the site plan and a detail indicating the height shall be included within the formal building plan check submittal prior to the issuance of 25 7/27/2020 P25 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
The applicant shall submit a formal Landscape Plan to the Planning Division prior to the issuance of building permits. The submittal shall include three (3) sets of planting and irrigation plans, a completed Landscape Plan Review application, and the applicable review fee. 26 7/27/2020 P26 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes: TA
All landscape plant species installed on site shall comply with the approved Plant Palette of the Renaissance Specific Plan, unless specified otherwise herein.
27 7/27/2020 P27 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
The applicant shall plant one (1) tree every three (3) parking spaces. All parking lot trees shall be a minimum of fifteen (15) gallons in size, upon initial planting. Thereafter, the parking lot trees shall be permanently irrigated and maintained. All parking lot tree species shall consist of evergreen broadleaf trees. The trees shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.
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TRACT
Project Conditions
City of Rialto
28 7/27/2020 P28
PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
The applicant shall plant one (1) tree every thirty (30) feet on-center within the on-site landscape setbacks along Base Line Road and Palmetto Avenue.
All trees within the landscape setbacks shall be a minimum of twenty-four (24) inch box in size, upon initial planting. Thereafter, the trees within the landscape setback shall be permanently irrigated and maintained by the property owner. At least fifty (50) percent of the trees within the setbacks shal consist of evergreen broadleaf trees, while the remaining percentage may consist of broadleaf deciduous trees and/or palm trees. The trees shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit. 29 7/27/2020 P29
PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes: N//
The applicant shall plant one (1) tree every thirty (30) feet on-center within the on-site landscape easements along Base Line Road and Palmetto Avenue. All trees within the landscape easements shall be a minimum of twenty-four (24) inch box in size, upon initial planting. Thereafter, the trees within the landscape easement shall be permanently irrigated and maintained by the property owner. At least fifty (50) percent of the trees within the easement shall consist of evergreen broadleaf trees, while the remaining percentage may consist of broadleaf deciduous trees and/or palm trees. The trees shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit. 30 7/27/2020 P30
PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
The applicant shall plant one (1) tree every thirty (30) feet on-center within the public right-of-way parkway along Base Line Road. All trees within the public right-of-way parkway shall be a minimum of twenty-four (24) inch box in size, upon initial planting. Thereafter, the trees within the public right- of-way parkway shall be permanently irrigated and maintained, as required by the Public Works Department. The street tree species along Base Line Road shall be the Pyrus Calleryana "Bradford Flowering Pear and/or the Quercus Virginianan "Southern Live Oak". The trees shall be identified on the formal Landscape Plan submittal prior to the issuance of building permits. 31 7/27/2020
P31 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
A
The applicant shall plant one (1) tree every thirty (30) feet on-center within the public right-of-way parkway along Palmetto Avenue. All trees within the public right-of-way parkway shall be a minimum of twenty-four (24) inch box in size, upon initial planting. Thereafter, the trees within the public right- of-way parkway shall be permanently irrigated and maintained, as required by the Public Works Department. The street tree species along Palmetto Avenue shall be the Hymenosporum Flavum "Wedding Tree" and/or the Koelreuteria Bipinnata "Chinese Lantern". The trees shall be identified on the formal Landscape Plan submittal prior to the issuance of building permits. 32 7/27/2020 P32
PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
The applicant shall plant shrubs that surround all ground mounted equipment and utility boxes, including transformers, fire-department connections, backflow devices, etc. for the purpose of providing screening of said equipment and utility boxes. All equipment and utility box screen shrubs shall be a minimum of five (5) gallons in size upon initial planting, and the shrubs shall be spaced no more than three (3) feet on-center. Thereafter, the equipment and utility box screen shrubs shall be permanently irrigated and maintained into a continuous box-shape with a height of no less than thre and one-half (3.5) feet above the finished grade. The shrubs shall be identified on the formal Landscape Plan submittal prior to the issuance of :
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TRACT
Project Conditions
City of Rialto
33 7/27/2020 P33
PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
The applicant shall plant a substantial number of trees, shrubs, and groundcover throughout all land on-site and off-site (adjacent to the project site) that is not covered by structures, walkways, parking areas, and driveways. Trees shall be planted a minimum of thirty (30) feet on-center, and all shrubs and groundcover shall be planted an average of three (3) feet on-center or less. All trees shall be minimum of fifteen (15) gallons in size upon initial planting, unless otherwise specified herein. All shrubs shall be a minimum of one (1) gallon in size, unless otherwise specified herein. All planter areas shall receive a minimum two (2) inch thick layer of brown bark, organic mulch, and/or decorative rock upon initial planting. Pea gravel and decomposed granite are not acceptable materials to use within on-site and off-site planter areas. All on-site planter areas on-site shall be permanently irrigated and maintained by the property owner. The planting and irrigation shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.
34 7/27/2020 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
All planting and irrigation shall be installed on-site in accordance with the approved landscape plans and permit prior to the issuance of a Certificate of Occupancy. The installation of the planting and irrigation shall be certified in writing by the landscape architect responsible for preparing the landscape plans prior to the issuance of a Certificate of Occupancy. 35 7/27/2020 P35 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
All tubular steel fencing and/or sliding gates shall be painted black prior to the issuance of a Certificate of Occupancy, unless specified otherwise herein. 36 7/27/2020 P36 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes:
All non-glass doors shall be painted to match the color of the adjacent wall prior to the issuance of a Certificate of Occupancy. 37 7/27/2020 P37 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes: NIA
All signage on the building shall comply with Section 5 (Signs) of the Renaissance Specific Plan. 38 7/27/2020 P38 PPD CONDITION
PLANNING DIVISION DANIEL CASEY
Notes: NA
The applicant shall obtain any necessary approvals and permits that may be required by any State and local agencies prior to the issuance of a Certificate of Occupancy.
39 7/27/2020 EN1 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes: This checklist is showing this
All conditions of approval for PPD No. 2019-0035 shall be completed to the satisfaction of the City Engineer prior to the issuance of a Certificate of Occupancy.
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TRAKT
Project Conditions
City of Rialto
40 7/27/2020 EN2 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall pay all applicable development impact fees, in accordance with the current City of Rialto fee ordinance, and all Transportation and Traffic Fair Share Contribution fees, as recommended by the Transportation Commission on December 11, 2019, prior to the issuance of any building permits related to the Project.
41 7/27/2020 EN3 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
All improvements within the public right-of-way require a City of Rialto Encroachment Permit. 42 7/27/2020 EN4 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
Prior to issuance of a building permit, the Precise Grading Plan shall be approved by the City Engineer 43 7/27/2020 ENS
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
Prior to the issuance of Grading/On-site Construction Permit, the applicant shall apply and complete the Special District Annexation for the public street ignting and the public landscape and irrigation, including applicable easement areas, parkway areas, and raised medians along the property frontage as determined by the City Engineer..
44 7/27/2020 ENG PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
A City Rat-s Construction Permit is required for any improvements within the public right-of-way. In an effort to expedite and facilitate mprovements in the public right-of-way, the applicant is responsible for submitting a multi-phase master plan traffic control plan which includes al phases of construction in the public right-of-way i.e. sewer, water, overhead, underground, etc. prior to the issuance of Off-Site Construction Permit/Encroachment Permit. Note, in an effort to simplify the permitting process, a single master Off-Site Construction Permit shall replace individual Encroachment Permits to be pulled by the applicant's contractor. 45 7/27/2020 EN7
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes: N/A
t the discretion of the City Engineer, the applicant shall apply for annexation of the underlying property into City of Rialto Landscape and Lightir laintenance District No. 2 ("LLMD 2"), or enter into a landscape maintenance agreement to be recorded on the property. An application fee of $5,00 shall be paid at the time of application. Annexation into LLMD 2 is a condition of acceptance of any new median, parkway, and/or easement landscaping, or any new public street lighting improvements, to be maintained by the City of Rialto.
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TRNOT
Project Conditions
City of Rialto
46 7/27/2020 EN8
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes: 2nd Review Completed. Awaiting 3rd submittal
The applicant shall submit off-site landscaping and irrigation system improvement plans for review and approval at the time of first (1st) public improvement plan submittal to the Public Works Department. The parkway irrigation system shall be separately metered from the on-site private irrigation to be maintained for a period of one (1) year and annexed into a Special District. The off-site landscape and irrigation plans must show separate electrical and water meters to be annexed into the Landscape and Lighting Maintenance District No. 2 via a City Council Public Hearing, if required by the City Engineer, The landscape and irrigation plans shall be approved concurrently with the street improvement plans, including the median portion, prior to issuance of a building permit. The landscaping architect must contact the City of Rialto Landscape Contract Specialist at (909) 772-2635 to ensure all landscape and irrigation guidelines are met prior to plan approval. Electrical and water irrigation meter pedestals must not be designed to be installed at or near street intersections or within a raised median to avoid burdensome traffic control set-up during ongoing 47 7/27/2020 EN9 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes: NIA
if the property is accepted in the LLMD, the applicant shall guarantee all new parkway landscaping irrigation for a period of one (1) year from the date of the City Engineer acceptance. Any landscaping that fails during the one-year landscape maintenance period shall be replaced with similar plant material to the satisfaction of the City Engineer, and shall be subject to a subsequent one year landscape maintenance period. The applicant must contact the City of Rialto Landscape Contract Specialist at (909) 772-2635 to confirm a full twelve (12) months' time of non-interrupted ongoing maintenance.
48 7/27/2020 EN10
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall install City Engineer approved deep root barriers, in accordance with the Public Works Landscape and Irrigation Guidelines, for all trees installed within ten (10) feet of the public sidewalk and/or curb 49 7/27/2020 EN11
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
All new streetlights shall be installed on an independently metered, City-owned underground electrical system. The developer shall be responsible for applying with Southern California Edison ("SCE") for all appropriate service points and electrical meters. New meter pedestals shall be installed, and electrical service paid by the developer, until such time as the underlying property is annexed into LLMD 2. 50 7/27/2020 EN12
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall submit street improvement plans by a registered California civil engineer to the Public Works Engineering Division for review. The plans shall be approved by the City Engineer prior to the approval of Parcel Map No. 20107, and prior to the issuance of the precise grading permit. 51 7/27/2020 EN13 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall submit streetlight improvement plans by a registered California civil engineer to the Public Works Engineering Division for review.
The plans shall be approved by the City Engineer prior to the approval of Parcel Map No. 20107, and prior to the issuance of the precise grading permit.
Printed: Wednesday, 05 August, 2020 9 of 22
TRAIGT
Project Conditions
City of Rialto
52 7/27/2020 EN14 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall submit sewer improvement plans by a registered California civil engineer to the Public Works Engineering Division for review. The plans shail be approved by the City Engineer prior to the approval of Parcel Map No. 20107, and prior to the issuance of the precise grading permit. 53 7/27/2020 EN15 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
Have not reviewed a signing and striping plan. Not assigned a task order for this for review The applicant shall submit traffic and signage improvement plans by a registered California civil engineer to the Public Works Engineering Division fo eview. The plans Shall be approved by the City Engineer prior to the approval of Parcel Map No. 20107, and prior to the issuance of the precise gradin 54 7/27/2020 EN16 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes: 1
The applicant shall submit a Precise Grading/Paving Plan prepared by a California registered civil engineer to the Public Works Engineering Division for review and approval. The Grading Plan shall be approved by the City Engineer prior to approval of Tract Map No. 20107 and prior to the issuance of any building permit.
55 7/27/2020 EN17 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall submit a Geotechnical/Soils Report, prepared by a California registered Geotechnical Engineer, for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Public Works Engineering Division with the first submittal of the Precise Grading Plan. 56 7/27/2020 EN18 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes: N/A
The applicant shall provide pad elevation certifications for all building pads in conformance with the approved Precise Grading Plan, to the Engineering and Building Divisions prior to construction of any building foundation. 57 7/27/2020 EN19 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes: NA
The public street improvements outlined in these conditions of approval are intended to convey to the developer an accurate scope of requirec İrenew ane proval or te improvemen esan retired tree credensable aditional improvements as may be determined in the course of the Printed: Wednesday, 05 August, 2020 10 of 22
TRAGT
SANITO CLEA
Project Conditions
City of Rialto
58 7/27/2020 EN20
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall construct asphalt concrete paving for Base Line Road and Palmetto Avenue in two separate lifts. The final lift of asphalt concrete pavement shall be postponed until such time that on-site construction activities are complete. Unless the City Engineer provide prior authorization, paving of streets in one lift prior to completion of on-site construction is not allowed. If City Engineer authorized, completion of asphalt concrete paving for are prior to oil tit of omite to struction activenes, equites dimaged aping guirete pavement, clay sitery stay aretter repairs. 59 7/27/2020 EN21
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall repair all street cuts for utilities in accordance with City Standard SC-231 within 72 hours of completion of the utility work; and any interim trench repairs shall consist of compacted backfill to the bottom of the pavement structural section followed by placement of standard base course material in accordance with the Standard Specifications for Public Work Construction ("Greenbook"). The base course material shall be placed the full height of the structural section to be flush with the existing pavement surface and provide a smooth pavement surface until permanent cap paving occurs using an acceptable surface course material. 60 7/27/2020 EN22 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall backfill and/or repair any and all utility trenches or other excavations within existing asphalt concrete pavement of off-site streets resulting from the proposed development, in accordance with City of Rialto Standard Drawings. The applicant shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets including pavement repairs in addition to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Fontana Water Company, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets resulting from the proposed development may require complete grinding and asphalt concrete overlay of the affected off- site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than what existed prior to construction of the proposed development. 61 7/27/2020 EN23 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall install underground all existing electrical distribution lines of sixteen thousand volts or less and overhead service drop conductors, and all telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting the site, in accordance with Chapter 15.32 of the Rialto Municipal Code, prior to the issuance of a Certificate of Occupancy. Utility undergrounding shall extend to the nearest off- site power pole. Unless City Engineer approved, no new power poles shall be installed. A letter from the owners of the affected utilities shall be submitted to the City Engineer prior to approval of the Precise Grading/Paving Plan, informing the City that they have been notified of the City's utility undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the City Engineer identifying all above ground facilities in the area of the project to be undergrounded. 62 7/27/2020 EN24 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Have not reviewed a signing and striping plan. Not assigned a task order for this for review The applicant shall replace all damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and streetlights, associated with the proposed development prior to the issuance of a Certificate of Occupancy.
Printed: Wednesday, 05 August, 2020 11 of 22
TRAITT
Project Conditions
City of Rialto
63 7/27/2020 EN25
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall provide construction signage, lighting and barricading during all phases of construction as required by City Standards or as directed by the City Engineer. At a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 "Temporary Traffic Control" of the 2014 California Manual on Uniform Traffic Control Devices, or subsequent editions in effect at the time of construction. 64 7/27/2020
EN26 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
of a DWG (AutoCAD drawing file), DXF (AutoCAD ASCIl drawing exchange file), and PDF (Adobe Acrobat) formats. Variation of the type and format of the Upon approval of any improvement plan by the City Engineer, the applicant shall provide the improvement plan to the City in digital format, consisting digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer 65 7/27/2020
EN27 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall construct 4-inch conduit within the parkway area along the entire project frontages of Base Line Road and Palmetto Avenue for future use.
66 7/27/2020
EN28 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall dedicate additional right-of-way along the entire frontage of Base Line Road, as necessary, to provide the ultimate half-width of 50 feet, as required by the City Engineer.
67 7/27/2020
EN29 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall record and provide an Irrevocable Offer to Dedicate Additional Right-of-Way along the entire frontage of Base Line Road, as necessary, to provide a half-width of 60 feet for the future widening of Base Line Road from two (2) westbound travel lanes to three (3) westbound travel lanes. recorded revocable Offer to Dedicate Additional Right-of-Way shall be provided to the Public Works Department prior to the issuance of a grading permit.
68 7/27/2020 EN30
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall dedicate an 8-foot-wide landscape easement along the entire project frontage of Base Line Road, as required by the City Engineer. 69 7/27/2020 EN31
PPD CONDITION
ENGIN SERING DIV ENGINEERING BUCKET
Notes:
The applicant shall dedicate additional right-of-way along the entire frontage of Palmetto Avenue, as necessary to provide the ultimate half-width of 32 feet, as required by the City Engineer.
Printed: Wednesday, 05 August, 2020 12 of 22
TRAIGT
Project Conditions
City of Rialto
70 7/27/2020 EN32 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall dedicate a 10-foot-wide landscape easement along the entire project frontage of Palmetto Avenue, as required by the City Engineer. 71 7/27/2020 EN33 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall dedicate a property line corner cutback at the northeast corner of the intersection of Base Line Road and Palmetto Avenue, ir accordance with City Standard SC-235, as required by the City Engineer 72 7/27/2020 EN34 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall construct one (1) new commercial driveway approach on Base Line Road and one (1) new commercial driveway approach on 73 7/27/2020 EN35 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall construct a fourteen (14) foot wide raised and landscaped median island along the frontage of Base Line Road, as required by the City Engineer and the Renaissance Specific Plan. The median nose width shall be constructed at 4 feet wide and shall have stamped concrete. The left turn pocket shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, and/or as approved by the 74 7/27/2020 EN36 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall construct an 8-inch curb and gutter, located at 36 feet north of centerline along the entire frontage of Base Line Road in accordance with City of Rialto Standard Drawings.
75 7/27/2020 EN37 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant an 8-inch curb and gutter, located at 20 feet east of centerline along the entire frontage of Palmetto Avenue in accordance with City of Rialto Standard Drawings.
76 7/27/2020 EN38 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall construct a 6-foot-wide sidewalk located 8 feet behind the edge of curb along the entire project frontage of Base Line Road, it accordance with City of Rialto Standard Drawings
Printed: Wednesday, 05 August, 2020 13 of 22
TRANT
Project Conditions
City of Rialto
77 7/27/2020 EN39
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall construct a 6-foot-wide sidewalk located 6 feet behind the edge of curb along the entire project frontage of Palmetto Avenue, in accordance with City of Rialto Standard Drawings.
78 7/27/2020 EN40
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
Line Road and Palmetto Avenue, in accordance with the City of Rialto Standard Drawings. The applicant shall construct a curb ramp meeting current California State Accessibility standards at the northeast corner of the intersection of Base 79 7/27/2020 EN41
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall construct a curb ramp meeting current California State Accessibility standards along both sides of each commercial driveway approach. The developer shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across each driveway, and shall adjust the sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer. If necessary, additional pedestrian and 80 7/27/2020
EN42 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall construct a new underground electrical system for public street lighting improvements along the project frontages of Base Line Road and Palmetto Avenue, as determined necessary by the City Engineer. New marbelite streetlight poles with LED light fixtures shall be installed in accordance with City of Rialto Standard Drawings.
81 7/27/2020 EN43
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes: Pavement does not extend to CL of roadway
The applicant shall remove existing pavement and construct new pavement with a minimum pavement section of 4 inches asphalt concrete pavement over 6 inches crushed aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, along the entire frontages of Base Line Road and Palmetto Avenue in accordance with City of Rialto Standard Drawings. The pavement section shall be determined using a Traffic Index ("TI") of 6. The pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. Pavement shall extend from clean sawcut edge of pavement at centerline of each street.
Printed: Wednesday, 05 August, 2020 14 of 22 1
TRAGT
Project Conditions
City of Rialto
82 7/27/2020 EN44
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall submit a Water Quality Management Plan identifying site specific Best Management Practices ("BMPs") in accordance with the Model Water Quality Management Plan ("WQMP") approved for use for the Santa Ana River Watershed. The site specific WQMP shall be submitted to the City Engineer for review and approval with the Precise Grading Plan. A WQMP Maintenance Agreement shall be required, obligating the property owners) to appropriate operation and maintenance obligations of on-site BMPs constructed pursuant to the approved WQMP. The WOMP and Maintenance Agreement shall be approved prior to issuance of a building permit, unless otherwise allowed by the City Engineer. The development of the Site is subject to the requirements of the National Pollution Discharge Elimination System (NDES) Permit for the City of Rialto, issued by the Santa Ana Regional Water Quality Control Board, Board Order No. R8-2010-0036. Pursuant to the NDES Permit, the Applicant shall ensure development of the site incorporates post-construction Best Management Practices ("BMPs") in accordance with the Model Water Quality Management Plan ("WQMP") approved for use for the Santa Ana River Watershed. The Applicant is advised that applicable Site Design BMPs will be required to be incorporated into the final site design, pursuant to a site specific WQMP submitted to the City Engineer for review and approval. 83 7/27/2020
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant shall connect the project to the City of Rialto sewer system and apply for a sewer connection account with Rialto Water Services. 84 7/27/2020 EN46
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes: Don't know about other agencies
The applicant shall provide certification from Rialto Water Services that demonstrates that all water and/or wastewater service accounts for the project are documented, prior to the issuance of a Certificate of Occupancy or final inspection approval from the Public Works Engineering Division. 85 7/27/2020 EN47
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
All sewer mains constructed by the applicant, as necessary, are to become part of the public sewer system and shall be pressure tested and digitally video recorded by the City's wastewater system operator (Veolia) prior to acceptance of the sewer system for maintenance by the City. The developer shall be responsible for all costs associated with testing and inspection services. Any defects of the sewer main shall be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance. 87 7/27/2020 EN49
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
A Notice of Intent (NOl) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is required via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit. The Applicant's contractor shall prepare and maintain a Storm Water Pollution Prevention Plan ("SWPPP") as required by the General Construction Permit. All appropriate measures to prevent erosion and water pollution during construction shall be implemented as required by the SWPPP. 88 7/27/2020 EN50
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
Prior to issuance of a certificate of occupancy or final City approvals, the applicant shall demonstrate that all structural BMP's have been constructed and installed in conformance with approved plans and specifications, and as identified in the approved WQMP.
Printed: Wednesday, 05 August, 2020 15 of 22 1
TRAGT
MALTO CALE
Project Conditions
City of Rialto
89 7/27/2020 EN51
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
All stormwater runoff passing through the Site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site detention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final detention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydralogy study. The volume of increased stormwater runoff to retain on-site shall be determined by comparing the existing "pre-developed" condition and proposed "developed" condition, using the 100-year frequency storm.
90 7/27/2020 EN52
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
Direct release of on-site nuisance water or storm-water runoff shall not be permitted to the adjacent public streets. Provisions for the interception of nuisance water from entering adjacent public streets from the Project Site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a storm-water runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains.
91 7/27/2020 EN53
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Rialto Standard Drawings. The Applicant shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Fontana Water Company, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 92 7/27/2020
EN71 PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
94 7/27/2020 EN-OTHER
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
The applicant is advised that domestic water service is provided by Fontana Water Services. The developer shall be responsible for coordinating with Fontana Water Services and complying with all requirements for establishing domestic water service to the property.
Printed: Wednesday, 05 August, 2020 16 of 22 1
TRAIT
Project Conditions
City of Rialto
95 7/27/2020 EN-OTHER
PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes: N/ A
The applicant shall adhere to the City Council approved franchise agreements and disposal requirements during all construction activities, in accordance with Section 8.08 (Refuse Collection of the City of Rialto Municipal Code). 96 7/27/2020 EN-OTHER
PPD CONDITION
ENGINEERIN DIV ENGINEERING BUCKET
Notes:
Prior to commencing with any grading, the applicant shall implement the required erosion and dust control measures shall be in place. In addition, the lowing Shall be included if not already identified: a. 6 foot high tan colored perimeter screened fencing b. Contractor information signage includi ntact information along the street frontage of Casmalia Street and Linden Avenue. c. Post dust control signage with the following verbiage: "Proje Name, WID No., IF YOU SEE DUST COMING FROM THIS PROJECT CALL: NAME (XXX) XXX-XXX, If you do not receive a response, please call the AQMD at 1-800-CUT-SMOG/1-800-228-7664"
97 7/27/2020
EN-OTHER PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes: N/A
The applicant shall remove all graffiti within 24 hours pre-construction, during construction, and after a Certificate of Occupancy is issued. 99 7/27/2020
EN-OTHER PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
Have not reviewed a signing and striping plan. Not assigned a task order for this for review.
Install "No Stopping Any Time" R26A(S) (CA) signage along the entire frontage. 100 7/27/2020
EN-OTHER PPD CONDITION
ENGINEERING DIV ENGINEERING BUCKET
Notes:
Have not reviewed a signing and striping plan. Not assigned a task order for this for review.
Install Class Il thermoplastic Bicycle Facilities as reference on the San Bernardino County Non-Motorized Transportation Plan - Revised June 2018, Figure
5.36, Sheet 5-150 along the entire project frontage of Base Line Road. 102 7/27/2020
B2 PPD CONDITION
BUILDING DIVISION BUILDING BUCKET
(3-5) Full Architectural and Structural Plans with all MEP plans(2) Structural Calculations (2) Sets of Truss Calculations and Layout (2) Rough Grading lans approved by Engineering (2) Water Quality Management Plan, (WQMP) and Erosion Control Plan (2) Storm water Pollution Prevention Plan (2 itle 24 Energy Calculations shall be submitted to the Building Division for plan check and review, prior to the issuance of building permit:
103 7/27/2020
B3 PPD CONDITION
BUILDING DIVISION BUILDING BUCKET
Notes: N/A
The applicant shall design the structure in accordance with the 2019 California Building Code, 2019 California Mechanical Code, 2019 California Plumbing Code, and the 2019 California Electrical Code, 2019 Residential Code and the 2019 California Green Buildings Standards adopted by the State of California.
Printed: Wednesday, 05 August, 2020 17 of 22 1
TRACT
Project Conditions
City of Rialto
104 7/27/2020
B4 PPD CONDITION
BUILDING DIVISION BUILDING BUCKET
Notes:
The applicant shall design the structure to withstand ultimate wind speed of 130 miles per hour, exposure C and seismic zone D. 105 7/27/2020
B5 PPD CONDITION
BUILDING DIVISION BUILDING BUCKET
Notes: N/A
The applicant shall submit fire sprinkler, fire alarm systers, and fire hydrant plans to the Building Division for plan review concurrently with building plans and shall be approved prior to the issuance of a building permit. 106 7/27/2020
PPD CONDITION
BUILDING DIVISION BUILDING BUCKET
Notes:
The applicant shall obtain an Electrical Permit from the Building Division for any temporary electrical power required during construction. No temporary electrical power will be granted to a project unless one of the following items is in place and approved by the Building Division: (A) Installation of :
construction trailer, or, (B) Security fencing around the area where the electrical power will be located 107 7/27/2020
B7 PPD CONDITION
BUILDING DIVISION BUILDING BUCKET
Notes:
The applicant shall install any required temporary construction trailer on private property. No trailers are allowed to be located within the public right- of-way. The trailer shall be removed prior to the issuance of a Certificate of Occupancy. 108 7/27/2020
PPD CONDITION
BUILDING DIVISION BUILDING BUCKET
Notes:
The applicant shall design and construct accessible paths of travel from the building's accessible entrances to the public right-of-way, accessible parking, and the trash enclosure. Paths of travel shall incorporate (but not limited to) exterior stairs, landings, walks and sidewalks, pedestrian ramps, curb ramps, warning curbs, detectable warning, signage, gates, lifts and walking surface materials, as necessary. The accessible route(s) of travel shall be the most practical direct route between accessible building entrances, site facilities, accessible parking, public sidewalks, and the accessible entrance(s) to the site, California Building Code, (CBC) Chapter 11, Sec, 11A and 11B. The City enforces the State of California provisions of the California Building Code disabled access requirements. The Federal Americans with Disabilities Act (ADA) standards may differ in some cases from the California State requirements, therefore it is the building owners responsibility to be aware of those differences and comply accordingly. 109 7/27/2020
B9 PPD CONDITION
BUILDING DIVISION BUILDING BUCKET
Notes:
Prior to issuance of a Building Permit all of the following must be in place on the Site: a portable toilet with hand wash station, all BMP's, fencing and the problem is not being resolved" orsomethingsimilarto this. 110 7/27/2020
B10 PPD CONDITION
BUILDING DIVISION BUILDING BUCKET
Notes:
The applicant shall provide temporary toilet facilities for the construction workers. The toilet facilities shall always be maintained in a sanitary condition. The construction toilet facilities of the non-sewer type shall conform to ANSI ZA.3.
Printed: Wednesday, 05 August, 2020 18 of 22
TRUGT
Project Conditions
City of Rialto
111 7/27/2020
B11 PPD CONDITION
BUILDING DIVISION BUILDING BUCKET
Notes:
The applicant shall underground all on site utilities to the new proposed structure, prior to the issuance of a Certificate of Occupancy, unless prior approval has been obtained by the utility company and the City. 112 7/27/2020
B12 PPD CONDITION
BUILDING DIVISION BUILDING BUCKET
Notes:
orientation, and ompletion. The erications are require dad be igned is the ginebrif recto the Building Dision, which include elevation, 113 7/27/2020
B13 PPD CONDITION
BUILDING DIVISION BUILDING BUCKET
Notes: N/
The applicant shall provide proof of payment to the Rialto Unified School District for all required school fees, prior to the issuance of a building permit. 115 7/27/2020
B15 PPD CONDITION
BUILDING DIVISION BUILDING BUCKET
Notes:
Site facilities such as parking open or covered, recreation facilities, and trash dumpster areas, and common use areas shall be accessible per the CBC, Chapter 11
118 7/27/2020
B20 PPD CONDITION
BUILDING DIVISION BUILDING BUCKET
Notes: N/A
submittal of the plans to the Building Division for plan review. Permits will not be issued or plans approved until two copies of the approved health When required, three (3) copies of the building plans shall be submitted to the County Department of Environmental Health for approval, prior to plans have been received and reviewed by the Building Division. 120 7/27/2020
B23 PPD CONDITION
BUILDING DIVISION BUILDING BUCKET
Notes: N/A
right bottom corner cover page in 20 point bold, prior to the issuance of a building permit. The applicant shall place a copy of the conditions of approval herein on within the building plan check submittal set and include the PPD number on 121 7/27/2020
B24 PPD CONDITION
BUILDING DIVISION BUILDING BUCKET
Notes: N/A
The applicant shall ensure that a minimum of 65% of all construction and demo debris shall be recycled using an approved City of Rialto recycling facility during construction. Copies of receipts for recycling shall be provided to the City Inspector and a copy shall be placed in the office of the constructior site.
Printed: Wednesday, 05 August, 2020 19 of 22
TRAKT
Project Conditions
City of Rialto
123 7/27/2020
B26 PPD CONDITION
BUILDING DIVISION BUILDING BUCKET
Notes:
Prior to the issuance of a Building Permit, the applicant shall pay all Development Improvement Fees to the City. Copies of receipts shall be provided to Building and Safety prior to permit issuance
125 7/27/2020
B29 PPD CONDITION
BUILDING DIVISION BUILDING BUCKET
Prior to issuance of Building Permits, on site water service shall be installed and approved by the responsible agency. On site fire hydrants shall be approved by the Fire Department. No flammable materials will be allowed on the site until the fire hydrants are established and approved 127 7/27/2020 B32
PPD CONDITION
BUILDING DIVISION BUILDING BUCKET
Notes:
Prior to issuance of Building Permits, Precise Grading Plans approved by Engineering. 131 7/27/2020 B36
PPD CONDITION
BUILDING DIVISION BUILDING BUCKET
Notes:
the building plan check set, prior to the issuance of a building permit. The applicant shall provide a pedestrian exit path from inside the gated truck court to the public right of way. The pedestrian path shall be identified on 132 7/27/2020 FD-OTHER
PPD CONDITION
FIRE DEPARTMENT KERRI WALTON
Notes: N/A
The applicant shall comply with all applicable requirements of the California Fire Code and Chapter 15.28 (Fire Code) of the Rialto Municipal Code. 133 7/31/2019 PD1
PPD CONDITION
POLICE DEPARTMENT SGT. JOSHUA LINDSAY
Notes:
134 7/31/2019 PD2
PPD CONDITION
POLICE DEPARTMENT SGT. JOSHUA LINDSAY
Notes:
The applicant shall illuminate all alleyways, driveways, and uncovered parking areas with a minimum of 1.5-foot candles (at surface level) of light during the hours of darkness. Lighting shall be designed/constructed in such a manner as to automatically turn on at dusk and turn off at dawn.
Printed: Wednesday, 05 August, 2020 20 of 22
Project Conditions
City of Rialto
135 7/31/2019 PD3
PPD CONDITION
POLICE DEPARTMENT SGT. JOSHUA LINDSAY
Notes:
The applicant shall design/construct all lighting fixtures and luminaries, including supports, poles and brackets, in such a manner as to resist vandalism and/or destruction by hand.
136 7/31/2019
PD4 PPD CONDITION
POLICE DEPARTMENT SGT. JOSHUA LINDSAY
Notes: NA
The applicant shall provide an illuminated channel letter address prominently placed on the building to be both visible to the front of the location and if applicable, visible from the main street to which they are located (e.g. commercial building facing the interior of the property would require two address signs if located adjacent to a roadway), prior to the issuance of a Certificate of Occupancy. 137 7/31/2019 PD5
PPD CONDITION
POLICE DEPARTMENT SGT. JOSHUA LINDSAY
Notes:
The applicant shall install exterior security cameras at the location that cover the entire Site, prior to the issuance of a Certificate of Occupancy. The security cameras shall be accessible to the Rialto Police Department via FususONE web application. 138 7/31/2019
PDG PPD CONDITION
POLICE DEPARTMENT SGT. JOSHUA LINDSAY
Notes:
Have not reviewed a signing and striping plan. Not assigned a task order for this for review The applicant shall install MUTD approved No Stopping signage on the project frontages along Base Line Road and Palmetto Avenue, prior to the issuance of Certificate of Occupancy.
139 7/31/2019
PD13 PPD CONDITION
POLICE DEPARTMENT SGT. JOSHUA LINDSAY
All loading dock areas truck well areas, and delivery areas shall be provided with a minimum of two (2) foot candles power as measured at the surface Levamarior to the issuance of a Certificate of Occupancy. Lighting shal be designed/constructed in such a manner as to turn on at dusk and offat dawn 140 7/31/2019
PD14 PPD CONDITION
POLICE DEPARTMENT SGT. JOSHUA LINDSAY
Notes: NA
The applicant shall install Knox boxes immediately adjacent to the main entrance to the building and at least one (1) rear entrance to facilitate the entry Printed: Wednesday, 05 August, 2020 21 of 22 1
TRAGT
Project Conditions
City of Rialto
141 7/31/2019 PD16
PPD CONDITION
POLICE DEPARTMENT SGT. JOSHUA LINDSAY
Notes:
The applicant shall prominently display the site address on the building rooftop so as to be visible to aerial law enforcement or fire aircraft.
Specifications to be followed for alphanumeric characters are as follows: Three (3) foot tall and six (6) inches thick alphanumeric characters. The alphanumeric characters shall be constructed in such a way that they are in stark contrast to the background to which they are attached (e.g. white numbers and letters on a black background), and resistant weathering that would cause a degradation of the contrast. Suite numbers are required on all buildings with multiple suites and shall be located directly above the respective suites following the above listed guidelines. 142 7/21/2020 BL1
PPD CONDITION
BUSINESS LICENSE DIV ANTHONY RAMIREZ
Notes: N/A
The Developer or General Contractor shall identify each contractor and subcontractor hired to work at the job site on the Contractor Sublist form and return it to the Business License Division with a Business License application and the Business License tax fee based on the Contractors tax rate for each contractor listed on the form (see attached)
143 7/21/2020
BL5 PPD CONDITION
BUSINESS LICENSE DIV ANTHONY RAMIREZ
Notes: IN/A
Prior to issuance of a Certificate of Occupancy, the Lessor of the property shall pay a business license tax based on the Rental Income Property tax rate Printed: Wednesday, 05 August, 2020 22 of 22 1