Rialto City Council
March 24, 2026

PUBLIC IMPROVEMENT AGREEMENT
[Non-subdivision Development]
by and between

CITY OF RIALTO
and
Quick Quack Car Wash Holdings, LLC
Revised 7/14/25

PUBLIC IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF RIALTO
AND
Quick Quack Car Wash Holdings, LLC
Agreement Date:

Developer Name: Quick Quack Car Wash (hereinafter "Developer") Project Name: Quick Quack Car Wash 44-346 Rialto (hereinafter "Project") Estimated Total Cost of Improvements: $ 128,687.77
(Including Street Improvements (Off Site), Traffic Signs anc Striping (Off Site) , Sanitary Sewer Improvements (Of
Site), Rialto Water (Only) Improvements (Off Site),
Landscaping & Irrigation Improvements (Off Site))
Security:

Bond Nos.: _SPA151004_015, SPA151004 015M
Surety: SiriusPoint America 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: DEVELOPER:

City Engineer Name: Quick Quack Car Wash, LLC
City of Rialto Address: 6020 West Oaks Blvd., Suite 300 150 S. Palm Avenue Rocklin, CA 95765
Rialto, CA 92376 Phone: Brian Firenze
Phone: (909) 820-2602 916-517-2970
CITY PROJECT INSPECTOR: SURETY:
city of Rialto Name: SiriusPoint America Insurance
Public Works Departmen Company
335 W. Rialto Avenue Address: 285 Fulton Street, Suite 47J Rialto, CA 92376 New York, NY 10007
Phone: (909) 421-7294 Phone: (212) 312-2500
Construction Obligations
Works of Improvement 1

1.1 1.2 Acquisition and Dedication of Easements and Rights-of-Way

1.3 Other Obligations Referenced in Conditions of Entitlement Approval

1.4 Intent of Plans

1.5 RESERVED

1.6 Performance of Work

1.7 Changes in the Work

1.8 Defective Work..

1.9 No Warranty by City..

1.10 Authority of the City Engineer.

1.11 Documents Available at the Site

1.12 Inspection..

1.13 Compliance with Law; Applicable Standards for Improvements

1.14 Suspension of Work .4

1.15 Erosion and Dust Control and Environmental Mitigation

1.16 Final Acceptance of Works of Improvement. 4

1.17 Vesting of Ownership

1.18 Developer's Obligation to Warn Public during Construction.

1.19 Injury to Public Improvements, Public Property or Public Utility ...5

2. Time for Performance ..6

2.1 Commencement and Completion Dates ..6

2.2 Phasing Requirements . 6

2.3 Force Majeure... . 6

2.4 Continuous Work

3. Labor. .7

3.1 Labor Standards .7

3.2 Nondiscrimination

3.3 Licensed Contractors 7

3.4 Worker's Compensation 7
Security. ...7

4.1 Required Security 7

4.2 Form of Security Instruments ...8

4.3 Developer's Liability

4.4 Letters of Credit. 10

4.5 Release of Security Instruments 10

5. Cost of Construction and Provision of Inspection Service... ..11

5.1 Developer Responsible for All 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
Default 11
III

8.1 Default by Developer. ..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. Developer's Indemnity of Project Approval ...14

11. Insurance Requirements 14

12. Environmental Warranty ...18

13. General Provisions. ...19
Successors and Assigns.....

No Third Party Beneficiaries..

No Vesting Rights
Developer is Not Agent of City
Time of the Essence
20 No Apportionment 20
• Severability 20

13.9 Captions 20

13.10 Incorporation of Recitals 20

13.11 Interpretation 20

13.12 Entire Agreement; Waivers and Amendments 20

13.13 Counterparts 20

14. Authority ...20
IV

PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT (this "Agreement") is entered into this day of_ _, 20_, 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 Quick Quack Car Wash Holdings, LLC, a Delaware Limited Liability Company (Developer").

RECITALS
A. Developer has presented to City for approval PPD 2024-0001 (the "Entitlements") in connection with a development of a Car Wash (the "Project"), located in the City of Rialto, County of San Bernardino, State of California (the "Property"), as described on Exhibit "A". attached hereto and incorporated herein by reference.

The Entitlements have been approved, subject to the requirements and conditions for the development of the Property (the "Conditions") as described in Exhibit "B" ", attached hereto and incorporated herein by reference.

C. In consideration of the approval of the Entitlements by the Planning Commission, Developer desires to enter into this Agreement, whereby Developer promises to install and complete, at Developer's own expense, all the public improvement work required by City in connection with the proposed Project. Developer has secured this Agreement by improvement security required by the City and approved by the City Engineer and the City Attorney.

D. Developer 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.

E. Developer's agreement to construct and install the Works of Improvement pursuant to this Agreement is a material consideration to City in approving the Project 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, Developer agrees to timely perform all of its obligations as set forth herein.

1. Construction Obligations.

1.1 Works of Improvement. Developer 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 $128.687.77.

1.2 Acquisition and Dedication of Easements and Rights-of-Way. If any of the Works of Improvement contemplated by this Agreement is to be constructed or installed on land not owned by City or Developer, no construction or installation shall be commenced before:

The acquisition, or payment of the cost of acquisition by City, and dedication of all rights-of-way, easements and other interests in real property for construction and installation of the Works of Improvement, free and clear of all liens and encumbrances; or
The offer of dedication to City of appropriate rights-of-way, easements or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the Works of Improvement; or (C) The dedication to, and acceptance by, City of appropriate rights-of-way, easements or other interests in real property, as determined by the City Engineer, or
(d) The issuance by a court of competent jurisdiction pursuant to State Eminent Domain Law of an order of possession. Developer shall comply in all respects with the order of possession.

1.3 Other Obligations Referenced in Conditions of Entitlement Approval. In addition to the foregoing, Developer shall satisfy all of the Conditions of the Entitlements for the Property. The Conditions associated with the Entitlements are included as Exhibit "B" attached hereto.

1.4 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Developer 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. Developer shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Developer'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, Developer 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.

Developer 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 Developer or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.

1.5 RESERVED.

1.6 Performance of Work. Developer shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Developer's obligations under this Agreement.

1.7 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 Developer 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 Developer or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Developer may mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.

Defective Work. Developer shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.

1.9 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Developer or its consultants or contractors, and City makes no representation or warranty, express or implied, to Developer or to any other person regarding the adequacy of the Plans or related documents. 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 Developer and its contractor.

1.11 Documents Available at the Site. Developer 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.

1.12 Inspection. Developer 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 Developer, or its design engineer, and Developer's contractors) regarding the Works of Improvement.

Developer 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 Developer'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 Developer'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 Developer 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.

1.13 Compliance with Law: Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Developer 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 Developer 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 Developer shall also give all necessary notices and pay all fees and taxes as required by law.

Developer shall construct the improvements in accordance with the City standards in effect at the time of approval of the Entitlements. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

1.14 Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Developer's contractor to comply with law pursuant to Section

1.12. In case of suspension of work for any cause whatsoever, Developer 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.

1.15 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.

1.16 Final Acceptance of Works of Improvement. After Developer's contractor has completed all of the Works of Improvement, Developer 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 Developer or its contractor of such items. After the Developer's contractor has completed these items, the procedure shall then be the same as specified above for the Developer'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 Developer or its contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. Developer shall be responsible for payment 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.

1.17 Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.

1.18 Developer's Obligation to Warn Public during Construction. Until recordation of the Notice of Acceptance, Developer 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, Developer shall provide forty-eight (48) hours' advance written notice to all neighboring property owners and tenants affected by Developer's operations or construction of the hours, dates and duration of any planned construction activities.

1.19 Injury to Public Improvements, Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement, Developer assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Developer 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 Developer, prior to the recordation of the Notice of Acceptance. Developer 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, Developer 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 Developer has established good cause for an extension. As a condition of such extension, the City Engineer may require Developer 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 Developer 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 Developer's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Developer 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, Developer 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 Developer 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, Developer'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 Developer, 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 Developer or its contractor detailing the grounds for Developer'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), Developer 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.

Labor.

3.1 Labor Standards. This Agreement is subject to, and Developer 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. Developer 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.

Nondiscrimination. In accordance with the California Fair Employment and Housing Act ("FEHA"), California Government Code Section 12940 et seq., Developer agrees that Developer, 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. Developer 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. Developer 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 Developer's contractors and subcontractors shall obtain a valid City of Rialto business license prior to performing any work pursuant to this Agreement. Developer 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.

3.4 Worker's Compensation. Developer 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 shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.

4. Security.

4.1 Required Security.
(a) At the time Developer executes this Agreement, Developer 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 Developer's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $128,687.77 equal to 100% of the estimated construction cost referenced in Section 1.1.
(ii) 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 $128,687.77 equal to 100% of the estimated construction cost referenced in Section 1.1

(ili) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $0 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, Developer 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 $12,868.78 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:
(a) 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 Developer is in default under its payment or performance obligations hereunder or in the event Developer 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 Developer'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).

Each Security Instrument shall have a minimum term of one (1) year after the deadline for Developer'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).

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 Developer 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 Developer 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 Developer's Liability. While no action of Developer shall be required in order for City to realize on its security under any Security Instrument, Developer 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, Developer 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 Developer. 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. Developer 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.

Release of Security Instruments. The City shall release all Security Instruments as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(i) Developer 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;
instrument, and Developer has delivered the Maintenance and Warranty Security 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, Developer has provided a statutory bond, or otherwise as required by applicable law.

City shall release the Maintenance and Warranty Security Instrument upon Developer'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 Cost of Construction and Provision of Inspection Service.

5.1 Developer Responsible for All Costs of Construction. Developer shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Developer 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 Developer and City prior to construction of the Works of Improvement.

Payment to City for Cost of Related Inspection and Engineering Services.

Developer 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. In addition, Developer 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 Developer 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.

6. Acceptance of Offers of Dedication. The City Council shall pass an appropriate resolution or resolutions accepting all offers of dedication for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement.

Warranty of Work. Developer 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, Developer, 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 Developer 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 Developer. 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.

Detault.

8.1 Default by Developer. Default by Developer shall include, but not be limited to:
(a) Developer's failure to timely commence construction of Works of Improvement under this Agreement;
(b) Developer's failure to timely complete construction of the Works of Improvement;
(c) Developer's failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) etion in blankrs iny, vener voluptiny or inta ray, vera De fier parano discharge within 30 days;
(e) The commencement of a foreclosure action against the Project or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Developer's failure to perform any other obligation under this Agreement.

8.2 Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Developer'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 Developer. 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 Developer'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 Developer fails to cure any

default under this Agreement within 20 days after the City mails a notice of such default to the Developer and the Developer's surety, Developer authorizes the City to perform the obligation for which Developer 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 Developer. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Developer'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 Developer's failure to comply with the terms of this Agreement constitutes Developer's consent for the City to file a notice of violation against all the lots in the Project, or to rescind or otherwise revert the Project to acreage.

Developer specifically recognizes that the determination of whether a reversion to acreage or rescission of the Project constitutes an adequate remedy for default by the Developer 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 Developer hereunder, the Developer agrees that the choice of remedy or remedies for Developer'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 Developer fails to perform any obligation under this Agreement, Developer 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 Developer'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.

Waiver. No waiver by the City of any breach or default by the Developer 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 Developer.

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 Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement. Developer 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 Developer, 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 Project, 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 Developer 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 Developer shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect; however, Developer 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 Developer 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.

Developer 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. Developer's Indemnity of Project Approval. Developer shall defend, indemnity, 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 Project.

The City shall promptly notify the Developer 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 Developer of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Developer 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. Developer shall not be required to pay or perform any settlement unless the settlement is approved by the Developer.

11. Insurance Requirements.

11.1 Developer, at Developer'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 combined single limit of One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, personal injury, and property damage arising out of or in connection with the activities of Developer and its contractors and subcontractors in performance of the work under this Agreement.

Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) and shall, in addition to the other coverages specified in this subsection, include coverage for the following:
(i) Premises-operations; including X, C, and U coverage; (il) Owners' and contractors' protection;
(iii) Independent contractors;
(iv) Blanket contractual;
(v) Ongoing operations;
(vi) Products -completed operations hazard; and
(vii) Personal and advertising injury
(b) Commercial Business Auto policy with a minimum $1 million per occurrence, combined single limit, for bodily injury and property damage, providing all of the following minimum coverage:

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. (c) 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 Developer:

This policy shall provide coverage for Workers' Compensation (Coverage A); and
(ii) This policy shall provide coverage for $1,000,000 Employers' Liability (Coverage B).

Pursuant to Labor Code section 1861, Developer 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." (iv) Developer shall cause each contractor and subcontractor to provide adequate Workers' Compensation and Employer's Liability Insurance for the protection of employees not otherwise protected.
(v) Prior to commencement of work, the Developer 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 Commercial General Liability and Commercial Vehicle/ Automotive Liability policies are to contain or be endorsed to contain the following provisions:

Additional Insureds. The City of Rialto, its officials, officers, employees, agents and independent contractors shall be named as additional insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Developer; and with respect to liability arising out of work or operations performed by or on behalf of the Developer including materials, parts or equipment furnished in connection with such work or operations. b. Primary Insurance. For any claims related to this project, the Developer's insurance coverage shall be primary insurance as respects the City of Rialto, its officials, officers, employees, agents and independent contractors. Any insurance or self- insurance maintained by the City of Rialto, its officials, officers, employees, agents and independent contractors shall be excess of the Developer's insurance and shall not contribute with it. This endorsement is not applicable to the Commercial Vehicle/ Automotive Liability Policy.

Waiver of Subrogation. Endorsements waiving all rights of subrogation against the City of Rialto, its officials, officers, employees, agents and independent contractors shall be provided.

The Workers' Compensation policy shall be endorsed to waive all rights of subrogation against the City of Rialto, its officials, officers, employees, agents and independent contractors.

Other Insurance Requirements. All policies required under this Agreement shall contain provisions stating that such policies cannot be canceled or reduced except on at least thirty (30) days' prior written notice to Developer ten (10) days' notice for cancellation due to non- payment). Developer further agrees to:

provide to City copies of any notices relating to cancellation or reduction of insurance within two (2) days of receipt; and cause all certificates of insurance to include language indicating that the issuers or producers of such policies will endeavor to provide copies of any such notices directly to City.

Commencement of Work. Developer shall not commence work under this Agreement until Developer has obtained all insurance required pursuant to this Section, and such insurance has been approved by City; nor shall Developer allow any contractor or subcontractor to commence work on the Improvements until all similar insurance required of the contractor or subcontractor has been obtained Certificates, endorsements, and where applicable, full copies of policies shall be maintained on file with the City Clerk.
(g) Higher Limits. If Developer maintains higher limits than the minimums specified in this Section 11, the City requires and shall be entitled to coverage for the higher limits maintained by Developer. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(h) Insurer Rating; Acceptability. Except as set forth otherwise herein, the policies required by this Section shall be issued by a California-admitted insurer with a rating of at least a "B+; VIl" in the latest edition of Best's Insurance Guide.

A Commercial General Liability policy issued by an insurer that is on the California Department of Insurance's List of Approved Surplus Line Insurers ("LASLI") will be acceptable, if no coverage from an admitted insurer can be obtained by Developer, and further provided that such insurer maintains a Best's rating of at least "A-; X" and remains on the LASLI during the term hereof. Workers' Compensation coverage issued by the State Compensation Insurance Fund shall be acceptable if no other coverage can be obtained by Developer, and further provided such insurer remains admitted in California and is otherwise financially acceptable to City.
(i) Deductibles. Any deductibles or self-insured retentions must be declared in writing by Developer to City and subsequently approved by City prior to its execution of this Agreement and prior to commencement of any work hereunder.

At City's option, Developer shall either reduce or eliminate the deductibles or self- insured retentions with respect to City, or Developer shall procure a bond guaranteeing payment of losses and expenses.
() Proof of Coverage. Developer shall submit to the City original certificates of insurance and endorsements evidencing the coverages required by this Section.

The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all insurance policies at any time and/or to require Developer to provide reports or status updates to evidence compliance of its contractors and subcontractors with the provisions of this Section. Developer's insurance company(ies) shall mail all required certificates of insurance and endorsements 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, Developer shall provide City with a written warranty in a form substantially similar to Exhibit "C" attached hereto and incorporated herein by reference, that:

Neither the property to be dedicated nor Developer are in violation of any environmental law, and neither the property to be dedicated nor the Developer are subject to any existing, pending or threatened investigation by any tederal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.

Neither Developer nor any other person with Developer'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) Developer 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.

Developer'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 Developer shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental 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) Developer'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.

Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Developer's right, title, and interest in and to the Property and any portion thereof. Developer 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 Developer in the City's approval of this Agreement. In the event the Property is subsequently conveyed by Developer to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Developer's responsibilities with regard to this Agreement, (the "Replacement Developer"), the rights and obligations of this Agreement shall transfer to the Replacement Developer; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Developer as a condition of the City's approval of this Agreement, shall remain Developer's responsibility to maintain until such time as Developer and its Replacement Developer enter into a Transfer and Assignment of Public Improvement Agreement, (the "Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Developer to its Replacement Developer, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Developer, including Replacement Developer'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 Developer and its Replacement Developer, and replacement Security Instruments meeting City's approval are furnished by the Replacement Developer, Developer 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 Developer 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 Developer of this Agreement shall not be construed to vest Developer's rights with respect to any change in any zoning or building law or ordinance.

13.4 Developer is Not Agent of City. Neither Developer nor Developer's agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Developer's obligations under this Agreement.

13.5 Time of the Essence. Time is of the essence of Developer'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 berween the parties, or from entering into agreements with other Developers 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.

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 (I) party is duly organized and existing, (ii) 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 Developer have caused this Agreement to be executed the day and year first above written.

CITY OF RIALTO, CALIFORNIA Quick Quack Car Wash Holdings, LLC A Delaware Limited Liability
Company
By: or Paula
Tanya Williams, City Manager
Title: Chiet Of statt

APPROVED BY THE CITY COUNCIL
Date:

Agreement No.:

ATTEST:

By:

Barbara A. McGee, City Clerk
APPROVED AS TO FORM:

By:

Eric S. Vail, City Attorney
RECOMMENDED:

By:

Name:

Title:

ACKNOWLEDGMENT
A notary public or other officer completing this
alidity of that documer
State of California Placer
County of
on 01/05 / 2026 before me, A. Carlson, Notary Public
(insert name and title of the officer)
personally appeared Tracy Delgado
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal. A. CARLSON
Notary Public - California
Placer County
Commission #2436466
My Comm. Expires Jan 30, 2027
Signature_ (Seat)
EXHIBIT "A"

LEGAL DESCRIPTION

REAL PROPERTY IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL A AS SHOWN ON CERTAIN LOT LINE ADJUSTMENT NO. 2020-0009 AS EVIDENCED BY DOCUMENT RECORDED JUNE 14, 2024, AS INSTRUMENT NO. 2024-0137923, OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEING THAT PORTION OF THE WEST ONE-HALF OF THE WEST ONE-HALF OF LOT 68, TOWN OF

RIAL TO AND ADJOINING SUBDIVISIONS, IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 11 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT ON THE EAST LINE OF SYCAMORE AVENUE, 50 FEET SOUTH OF THE CENTERLINE OF FOOTHILL BOULEVARD; THENCE EASTERLY PARALLEL TO AND 50 FEET SOUTH OF THE CENTERLINE OF SAID FOOTHILL BOULEVARD, A DISTANCE OF 125 FEET TO THE TRUE POINT OF BEGINNING: THENCE SOUTHERLY, ALONG A LINE PARALLEL TO SYCAMORE AVENUE, A DISTANCE OF 182.19 FEET MORE OR LESS, TO A POINT IN THE NORTHERLY LINE OF SAID ALLEY: THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID ALLEY, A DISTANCE OF 175.58

FEET, TO A POINT ON THE EASTERLY LINE OF THE WEST ONE HALF OF THE WEST ONE HALF OF LOT 68: THENCE NORTHERLY ALONG SAID EASTERLY LINE, TO A POINT 41.25 FEET SOUTHERLY OF THE CENTERLINE OF FOOTHILL BOULEVARD; THENCE WESTERLY PARALLEL TO AND SOUTH

41.25 FEET FROM SAID CENTERLINE OF FOOTHILL BOULEVARD, A DISTANCE OF 70.00 FEET;

THENCE SOUTHERLY PARALLEL TO SAID EAST LINE TO A POINT ON THE SOUTHERLY LINE OF FOOTHILL BOULEVARD (50 FEET WIDE): THENCE 105.58 FEET TO THE TRUE POINT OF BEGINNING.

APN: 0130-051-44-0-000 (AFFECTS A PORTION OF SAID LAND) 0130-051-35-0-000 (AFFECTS A

PORTION OF SAID LANDI
EXHIBIT "B"

ENTITLEMENTS CONDITIONS OF APPROVAL
# 2021-37
The Conditions issued to Developer for development of the Property follow this page.

SEE ATTACHED
Exhibit "B"
City of Rialto
California
July 9, 2024
Nick Wecker
Barghausen Consulting Engineers
18215 72 Avenue South
Kent, WA 98032
Re: Master Case No. 2024-0001 (Conditional Development Permit No. 2020-0024, Precise Plan of Design No. 2024-0001 and Environmental Assessment Review No. 2024-0001) Architectural revision and minor site modifications to a previously approved 4,070 square foot automated car wash on 0.71 acres of vacant land located on the south side of Foothill Boulevard approximately 140 feet ' east of Sycamore Avenue within a Commercial Pedestrian (C-P) zone of the Foothill Boulevard Specific Plan.

Dear Mr. Wecker,
On July 9, 2024, Community Development Department approved Precise Plan of Design No. 2024-0001, a proposal for the new development of a Quick Quack carwash on the south side of Foothill Boulevard approximately 140 feet east of Sycamore Avenue within a Commercial Pedestrian (C-P) zone of the Foothill Boulevard Specific Plan.

Approval of Precise Plan of Design No. 2024-0001 shall not be final until the Applicant has signed the enclosed Statement of Acceptance of Conditions of Approval.

This approval, as outlined above, does not necessarily imply immediate issuance of building or grading permits. Where applicable, the Applicant is required to submit final engineering and building plans and specifications to the Public Works and the Building Division for plan checking. Time frames for this processing will vary depending on City workload, the complexity of the project, and timely submittals.

If you have any questions regarding the conditions of approval, please contact Jason Costa at (909) 820-2525 x2211 or at [email protected]. Pursuant to City Council Resolution No. 2507, if you still do not concur with the conditions of approval, you may appeal the conditions to the Planning Commission. The written appeal shall be filed to the Community Development Department and shall specifically state why you disagree with the Conditions of Approval set forth by various division and departments.

Sincerely,
Colby Cata
Community Development Director
150 South Palm Avenue • Rialto, California 92376
MC2024-0001 (CDP2020-0024, PPD2024-0001, and EAR2024-0001)

Enclosures
PPD No. 2024-0001 Conditions
Resolution No. 2021-36
Resolution No. 2021-37
City of Rialto
California

PROJECT REVIEW COMMITTEE

STATEMENT OF ACCEPTANCE
Vance Shannon Quick Quack Car Wash → do hereby state that I am aware of all Conditions of Approval for Precise Plan of Design No. 2024-0001 (Master Case No. 2024-0001) and do hereby agree to accept and abide by all conditions set forth in the approval letter dated July 9, 2024.

Vance Digitally signed by Vance
Shannon 0 020202318
(Print Name/Title)
(Signature)
(Date)
Project Conditions
City of Rialto
Project Number: PPD2024-0001 Description: Quick Quack Carwash Applied: 1/3/2024 Approved: Site Address: FOOTHILL BLVD Expired: City, State Zip Code: RIALTO, CA 92376
Closed:

Status: RECEIVED Applicant: QUICK QUACK CAR WASH
Parent Project: MC2024-0001 Owner: ZUBIN LAIWALLA
Contractor: <NONE>
Details:

LIST OF CONDITIO

SEQ NO ADDED DATE REQUIRED DATE SATISFY DATE TYPE STATUS

DEPARTMENT CONTACT REMARKS
P1 PPD CONDITION
1 7/9/2024

PLANNING DIVISION PLANNING BUCKET
Notes:

The approval is granted allowing the development an automated carwash facility on 0.71 acres of land (APNs: 0130-051-35 & -44) on the south side of Foothill Boulevard approximately 130 feet east of Sycamore Avenue within the Commercial Pedestrian (C-P) zone of the Foothill Boulevard Specific Plan, as shown on the plans approved by the Planning Division and dated July 9, 2024 under Precise Plan of Design 2024-0001.

P2 PPD CONDITION
2 7/9/2024

PLANNING DIVISION PLANNING BUCKET
Notes:

Comply with the conditions set forth for Precise Plan of Design 2020-0048 as approved by the Planning Commission in Resolution 2021-37 and the amended Engineering Conditions herein.

P3 PPD CONDITION
3 7/9/2024

PLANNING DIVISION PLANNING BUCKET
Notes:

Comply with the conditions set forth for Conditional Development Permit 2020-0024 as approved by the Planning Commission in Resolution 2021-36 and those included herein.
5/21/2024 EN1 PPD CONDITION
4 ENGINEERING DIV ENGINEERING BUCKET
Notes:

The applicant shall comply with all conditions of approval for PPD No. 2024-0001 to the satisfaction of the City Engineer, prior to the issuance of a Certificate of Occupancy.
5/21/2024 ENZ PPD CONDITION
5 ENGINEERING DIV ENGINEERING BUCKET
Notes:

The applicant shall pay all applicable development impact fees in accordance with the current City of Rialto fee ordinance, including any Transportation and Traffic Fair Share Contribution fees, prior to issuance of a building permit. 1 of 10 • CENTRALSQUARE
ninted.

Project Conditions
City of Rialto •
EN3 PPD CONDITION
6 7/9/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to issuance of grading permit or on-site construction permit, submit a precise grading plan prepared by a California registered civil engineer to the Public Works Engineering Division for review and approval by the City Engineer. The plan shall conform to the requirements of the California Building Code and City of Rialto Standard Plans for review and approval.

EN4 PPD CONDITION
7 7/9/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to grading plan approval, a geotechnical/soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. The geotechnical report shall include a section on infiltration testing. A digital copy (PDF) of the Geotechnical/Soils Report shall be submitted to the Public Works Engineering Division with the first submittal of the precise grading plan.

EN5 PPD CONDITION
8 7/9/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to issuance of building permit, submit off-site landscaping and irrigation system improvement plans for review and approval concurrently with street improvement plan submittal to the Public Works Department. The median irrigation system, parkway irrigation system, and applicable Specific Plan required landscape easement irrigation system shall be separately metered from the on-site private irrigation to facilitate separate utility bill payment by the City after the required one-year maintenance period via the Landscape and Lighting Maintenance District No. 2. The off-site landscape and irrigation plans must show separate electrical meter, water meter, and separate irrigation lateral to be annexed into LLMD2 via a City Council public hearing process. Use of an existing LLMD2 water meter and electrical pedestal is encouraged. The Landscape and Irrigation plans shall be approved concurrently with the Street Improvement plans, including any median portion, applicable easement portion, and/or parkway portion. The landscaping architect must contact the City of Rialto Landscape Contract Specialist at (909) 820-2602 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 maintenance. The off-site Landscape and Irrigation plans shall be designed in accordance with the Public Works Landscape Maintenance District Guidelines.

ENG PPD CONDITION
9 5/21/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Any dry utility improvements within the public right-of-way require a City of Rialto Encroachment Permit.

EN7 PPD CONDITION
10 7/9/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

A single master Off-site Construction Permit is required for any street, wet utility (RWS only), landscape and irrigation, and traffic signal improvements along the project frontage within the public right-of-way. In an effort to expedite and facilitate improvements in the public right-of-way, the applicant is responsible for submitting a multi-phase master plan traffic control plan which includes all phases of construction along the project frontage in the public right-of-way i.e. sewer, water, overhead, underground, etc. prior to the issuance of Off-site Construction 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 developer's contactor.
20610 !. CENTRALSOUARE
Project Conditions
City of Rialto
7/9/2024 ENS PPD CONDITION
11 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to issuance of a building permit, submit street improvement plans prepared by a registered California civil engineer to the Public Works Engineering Division for review. The street improvement plans shall be approved concurrently with any streetlight, landscape and irrigation, and traffic signal plans unless otherwise approved by the City Engineer.

ENS PPD CONDITION
12 7/9/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to issuance of building permit, submit traffic striping and signage plans prepared by a California registered civil engineer or traffic engineer, for review and approval by the City Engineer. All required traffic striping and signage improvements shall be completed concurrently with required street improvements to the satisfaction of the City Engineer.
7/9/2024 EN10 PPD CONDITION
13 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to issuance of grading permit or on-site construction permit, the developer shall apply for annexation of the underlying property into City of Rialto Landscape and Lighting Maintenance District No. 2 ("LLMD 2"). An application fee of $5,000 shall be paid at the time of application. Annexation into LLMD 2 is a condition of acceptance of any new median, landscape easement, and/or parkway landscaping in the public right-of-way, or any new public street lighting improvements conditioned on the project and to be maintained by the City of Rialto post construction. 5/21/2024 EN11 PPD CONDITION
14 ENGINEERING DIV ENGINEERING BUCKET
Notes:

All applicable landscape easement and parkway landscaping shall be guaranteed for a period of one year from the date of acceptance by the City Engineer. Any landscaping that fails during the one year landscape maintenance period shall be replaced with similar plant material to the satisfactior of the City Engineer, and shall be subject to a subsequent one year landscape maintenance period. 5/21/2024 EN12 PPD CONDITION
15 ENGINEERING DIV ENGINEERING BUCKET
Notes:

All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with the Public Works Landscape and Irrigation Guidelines or as approved by the City Engineer. 16 7/9/2024 EN13 PPD CONDITION

ENGINEERING DIV ENGINEERING BUCKET
Notes:
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. an l..l.. anna CENTRALSOUARE
Project Conditions
City of Rialto
7/9/2024 EN14 PPD CONDITION
17 ENGINEERING DIV ENGINEERING BUCKET
Notes:

The developer is responsible for requesting from the Planning Division any addresses needed for any building(s) and/or any electrical single/dual irrigation meter pedestal(s). The main building address shall be included on Precise Grading Plans and Building Plan set along with the PPD number. The electrical meter pedestal addresses (single or dual) shall be included in the public improvement plans, 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.

EN15 PPD CONDITION
18 5/21/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

All street cuts for utilities shall be repaired 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.

EN16 PPD CONDITION
19 5/21/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

In accordance with City Ordinance No. 1589, adopted to preserve newly paved streets, any and all street and/or trench cuts in newly paved streets will be subject to moratorium street repair standards as reference in Section 11.04.145 of the Rialto Municipal Code.

EN17 PPD CONDITION
20 5/21/2024

ENGINEERING DIV ENGINEERING BUCKET
Any and all utility trenches or other excavations within existing asphalt concrete pavement of off-site streets resulting from the proposed development shall be backfilled and repaired in accordance with City of Rialto Standard Drawings. The developer 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. Rialto Water Services, Southern California Edison, Southern California Gas Company, Spectrum, 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.

EN18 PPD CONDITION
21 5/21/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

In accordance with Chapter 15.32 of the City of Rialto Municipal Code, 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, shall be installed underground. Utility undergrounding shall extend to the nearest off-site power pole; no new poles utility poles shall be installed unless otherwise approved by the City Engineer. 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.

CENTRALSOUARE
ansa
Project Conditions
City of Rialto
5/21/2024 EN19 PPD CONDITION
22 ENGINEERING DIV ENGINEERING BUCKET
Notes:

All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and streetlights, associated with the proposed develament shall be replaced in accordance with the city standard Drawings and as approved by the City Engineer prior to isance of a Certificate of 5/21/2024 EN20 PPD CONDITION
23 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Construction signing, lighting and barricading shall be provided during all phases of construction in accordance with City Standards and as directed by the City Engineer. As 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 force at the time of construction. 5/21/2024 EN21 PPD CONDITION
24 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Upon approval of any public improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting 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 digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer 5/21/2024 EN22 PPD CONDITION
25 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Construct 4-inch conduit within the landscape area along the entire project frontage within the right-of-way for future use (i.e., fiber-optics, etc.). 7/9/2024 EN23 PPD CONDITION
26 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to street improvement plan approval, submit a dedication for additional right-of-way and a 7-foot landscape and utility easement on Foothill Boulevard along the entire frontage in accordance with the Foothill Boulevard Specific Plan. 27 EN24 PPD CONDITION
7/9/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Provide a cost estimate for review and approval by the City Engineer and pay an in-lieu fee equal to the estimate for the removal of existing and the construction of any new street pavement with a minimum pavement section of 5 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 half-width street frontage in accordance with City of Rialto Standard Drawings. The estimate shall assume a pavement section using a Traffic Index ("T|") of 10 and using "R" values from the project site.

EN25 PPD CONDITION
28 5/21/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Replace any existing damaged sections of the curb and gutter with an 8-inch curb and gutter along the entire frontage in accordance with City of Rialto Standard Drawings and the General Plan or applicable Specific Plan.

CENTRALSOUARE
LIFORN Project Conditions
City of Rialto
EN26 PPD CONDITION
29 5/21/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Construct Americans with Disabilities Act (ADA) compliant sidewalk improverents behind curb along the entire frontage in accordance with the General Plan, any Specific Plan and the City of Rialto Standard Drawings. 5/21/2024 EN27 PPD CONDITION
30 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Construct a commercial driveway approach in accordance with City of Rialto Standard Drawings. The driveway approach shall be constructed so the top of "X" is 5 feet from the property line, or as otherwise approved by the City Engineer. Nothing shall be constructed or planted in the corner cut-off area which does or will exceed 30 inches in height required to maintain an appropriate corner sight distance. 7/9/2024 EN28 PPD CONDITION
31 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Construct a curb ramp that meets current California State Accessibility standards along both sides of the commercial driveway approach. The developer shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. 5/21/2024 EN29 PPD CONDITION
32 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Development of the site is subject to the requirements of the National Pollution Discharge Elimination System (NDES) Permit for the City of Rialto, under the Santa Ana Regional Water Quality Control Board, Board Order No. R8-2010-0036. Pursuant to the NPDES Permit, the developer 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 developer 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.

EN30 PPD CONDITION
33 5/21/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

The minimum pavement section for all on-site pavements shall be 2½ inches asphalt concrete pavement over 4 inches crushed aggregate base with a hall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approva ninimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement sectior 34 5/21/2024 EN31 PPD CONDITION

ENGINEERING DIV ENGINEERING BUCKET
Notes:

The developer shall connect to the City of Rialto sewer system and apply for a sewer connection account with Rialto Water services.

Enfin CENTRALSDUARE
Project Conditions
City of Rialto
7/9/2024 EN32 PPD CONDITION
35 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Submit public sewer improvement plans prepared by a California registered civil engineer to the Public Works Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. Alternatively, the public sewer improvements can be shown on the public treet improvement plans if only sewer laterals are needed. All on-site private sewer plans shall be submitted to the Building and Safety Division for 5/21/2024 EN33 PPD CONDITION
36 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to issuance of a certificate of occupancy or final City approvals, provide certification from Rialto Water Services to demonstrate that all water and/or wastewater service accounts have been documented. 7/9/2024 EN34 PPD CONDITION
37 ENGINEERING DIV ENGINEERING BUCKET
Notes:

The developer is advised that domestic water service is provided by Rialto Water Services (RWS). The developer shall be responsible for coordinating with Rialto Water Services and complying with all requirements for establishing domestic water service to the property. Submit public water improvement plans prepared by a California registered civil engineer to the Public Works Engineering Division. The plans shall be approved by the City only sewer laterals are needed. All on-site private sewer plans shall be submitted to the Building and Safety Division for review and approva ngineer prior to issuance of any building permits. Alternatively, the public water improvements can be shown on the public street improvement plan EN35 PPD CONDITION
38 5/21/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

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). 5/21/2024 EN36 PPD CONDITION
39 ENGINEERING DIV ENGINEERING BUCKET
Notes:

The applicant's contractors shall submit copies of recycling tickets demonstrating minimum compliance with construction waste management recycling requirements as well as chain of custody for all construction debris. 7 nf 10 • CENTRALSQUARE
Drintad. Trinedan nO lah 3071

SALTO, CAN
Project Conditions
City of Rialto
EN37 PPD CONDITION
40 7/9/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

The project shall submit civil engineering design plans, reports and/or documents, prepared by a registered/licensed civil engineer, for review and approval by the City Engineer per the current submittal requirements, prior to the indicated threshold or as required by the City Engineer.

The first submittal shall consist of, but is not limited to the following:
a. PRECISE GRADE W/ EROSION CONTROL PLAN (prior to grading permit issuance) b. PUBLIC IMPROVEMENT PLAN - plans may include: Street, Signing & Striping, Landscape & Irrigation, Sewer, Water, etc. (prior off-site construction permit issuance or building permit issuance, whichever occurs first) c. FINAL DRAINAGE STUDY (prior to grading plan approval) d. FINAL WQMP (prior to grading plan approval)
e. LEGAL DOCUMENTS (e.g. EASEMENTS), DEDICATION(S), LOT LINE ADJUSTMENT, VACATION, etc.) (prior to Building Permit Issuance or Occupancy Release) - Submit a street dedication and an easement for landscape & utility purposes f. AS-BUILT/RECORD DRAWINGS for all plans (prior to occupancy approval) 7/9/2024 EN38 PPD CONDITION
41 ENGINEERING 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 following shall be included if not already identified:
a. 6-foot-high tan colored perimeter screened fencing;
b. Contractor information signage including contact information along the street frontage of Riverside Avenue; and, c. Post dust control signage with the following verbiage: "Project Name, WDID 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." 42 7/9/2024 EN39 PPD CONDITION

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to grading plan approval, submit a Final 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. The Applicant acknowledges that more area than currently shown on the plans may be required to treat site runoff as required by the WQMP guidance document and FWQMP.

EN40 PPD CONDITION
43 7/9/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

The applicant shall verify and prepare 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), if 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.

Rof 10 CENTRALSQUARE
Project Conditions
City of Rialto
EN41 PPD CONDITION
44 7/9/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to grading plan approval, a WQMP Maintenance Agreement shall be required, obligating the property owner(s) to appropriate operation and maintenance obligations of on-site BMPs constructed pursuant to the approved WQMP 7/9/2024 EN42 PPD CONDITION
45 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to grading plan approval, submit a final 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. 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 retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Hydrology studies shall be prepared in accordance with the San Bernardino County Hydrology Manual and Rialto drainage criteria.

Final retention 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 hydrology 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.

EN43 PPD CONDITION
46 7/9/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to grading plan approval, direct release of on-site nuisance water or stormwater 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 stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains.

EN44 PPD CONDITION
47 7/9/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

EN45 PPD CONDITION
48 7/9/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to occupancy approval, submit a WQMP Certification that demonstrates that all structural BMPs have been constructed and installed in conformance with approved plans and specifications, and as identified in the approved WQMP. 5/21/2024 EN46 PPD CONDITION
49 ENGINEERING DIV ENGINEERING BUCKET
Notes:

The applicant shall remove any graffiti within 24 hours, before, during, and post construction.

CENTRALSOUARE
...

Project Conditions
City of Rialto
50 5/21/2024 EN47 PPD CONDITION

ENGINEERING DIV ENGINEERING BUCKET
Notes:

In accordance with the City of Rialto Municipal Code Section 18.72.010, Provision D, inadequately maintained landscaping which is visible from the public street, or right-of-way and which, either alone or in combination with other conditions on the subject property tends to degrade the aesthetic quality of the immediate neighborhood is prohibited.
7/9/2024 EN48 PPD CONDITION
51 PLANNING DIVISION ENGINEERING BUCKET
Notes:

Prior to occupancy approval, submit a Precise/Final Grade certification to the Public Works Engineering Division. 7/9/2024 EN49 PPD CONDITION
52 PLANNING DIVISION ENGINEERING BUCKET
Notes:

Prior to occupancy approval, submit all as-built plans for review and approval to the Public Works Engineering Division.

CE PENTDAI CAnADE
1 RESOLUTION NO. 2021-37
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF RIALTO, CALIFORNIA APPROVING PRECISE PLAN
3 OF DESIGN NO. 2020-0048 ALLOWING THE DEVELOPMENT
4 OF A 4,070 SQUARE FOOT AUTOMATED CARWASH

FACILITY WITH ASSOCIATED LANDSCAPING, PAVING,
5 LIGHTING, FENCING, AND DRAINAGE IMPROVEMENTS ON

0.71 ACRES OF LAND (APN: 0130-051-35 & -44) LOCATED ON
6 THE SOUTH SIDE OF FOOTHILL BOULEVARD,
APPROXIMATELY 130 EAST OF SYCAMORE AVENUE

WITHIN THE COMMERCIAL PEDESTRIAN (C-P) ZONE OF
8 THE FOOTHILL BOULEVARD SPECIFIC PLAN.
9 WHEREAS, the applicant, Zubin Laiwalla, proposes to develop and operate a 4,070 square 10 foot automated carwash facility ("Project") on 0.71 acres of land (APNs: 0130-051-35 & -44) on the 11 south side of Foothill Boulevard approximately 130 feet east Sycamore Avenue within the 12 Commercial Pedestrian (C-P) zone of the Foothill Boulevard Specific Plan ("Site"); and 13 WHEREAS, Pursuant to Section 18.65.010 of the Rialto Municipal Code, the Project requires 14 a Precise Plan of Design, and the applicant has agreed to apply for Precise Plan of Design No. 2020- 15 0048 ("PPD No. 2020-0048"); and
16 WHEREAS, in conjunction with the Project, the applicant submitted Conditional 17 Development Permit No. 2020-0024 ("CDP No. 2020-0024") to allow the development and operation 18 of a 4,070 square foot automated carwash facility on the Site; and 19 WHEREAS, on August 11, 2021, the Planning Commission of the City of Rialto conducted 20 a duly noticed public hearing, as required by law, PPD No. 2020-0048 and CDP No. 2020-0024, 21 took testimony, at which time it received input from staff, the city attorney, and the applicant; 22 heard public testimony; discussed the proposed PPD No. 2020-0048 and CDP No. 2020-0024; and 23 closed the public hearing; and
24 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 25 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto 26 as follows:
27 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth 28 in the recitals above of this Resolution are true and correct and incorporated herein. -1-
1 SECTION 2. Based on substantial evidence presented to the Planning Commission during 2 the public hearing conducted with regard to PPD No. 2020-0048, including written staff reports, 3 verbal testimony, site plans, other documents, and the conditions of approval stated herein, the 4 Planning Commission hereby determines that PPD No. 2020-0048 satisfies the requirements of 5 Section 18.65.020E of the Rialto Municipal Code pertaining to the findings which must be made 6 precedent to approving a Precise Plan of Design application. The findings are as follows:
7 The proposed development is in compliance with all city ordinances and regulations, unless in accordance with an approved variance; and
8 9 This finding is supported by the following facts:
10 The Project, as conditioned herein, will comply with all City ordinances and regulations, including those within the Foothill Boulevard Specific Plan. The Site has a General Plan 11 land use designation of Specific Plan and a zoning designation of Commercial Pedestrian 12 (C-P) within the Foothill Boulevard Specific Plan. Those designations allow for the development of an automated carwash facility with approval of a Precise Plan of Design 13 and Conditional Development Permit, which has been filed in conjunction with this project. 14 Additionally, the Project meets all of the required development standards of the C-P zone. 15 2. The site is physically suitable for the proposed development, and the proposed development will be arranged, designed, constructed, and maintained so that it will 16 not be unreasonably detrimental or injurious to property, improvements, or the health, 17 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 18 any applicable specific plan and its objectives; and 19 This finding is supported by the following facts:
20 The zoning of the Site is Commercial Pedestrian (C-P) of the Foothill Boulevard Specific 21 Plan. The project is consistent with the C-P zone, and the existing commercial uses surrounding the project site. The only sensitive use nearby the Site is a church/school 22 across the public alley to the south and the project has been designed not to be detrimental 23 or injurious to surrounding properties. In addition, the project has been reviewed by all of the Departments for compliance with all health, safety, and design requirements to ensure 24 the project will significantly enhance the infrastructure and aesthetics of the local community.
25 26 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 27 general public; and
28 This finding is supported by the following facts:
-2-
1 The project will improve an undeveloped property with desirable improvements that will 2 aesthetically enhance the appearance of the community. Neighboring property uses consist 3 of a neighborhood retail centers, a hardware store, an abandon retail commercial building, and a church/school which are not expected to be negatively impacted by the proposed 4 project. Features and implementation measures, such as screen fencing, property setbacks and site landscaping will serve to physically separate the uses, mitigate any potential 5 impacts and ensure that there is no interference with neighboring property rights, or any 6 endanger to the peace, health, safety or welfare of the general public. 7 The proposed development will not substantially interfere with the orderly or planned development of the City of Rialto.
8 9 This finding is supported by the following facts:
10 A Notice of Exemption has been prepared for the proposed project pursuant to California 11 Environmental Quality Act (CEQA) and the proposed Project will not have negative impacts with the successful implementation of the Conditions of Approval contained herein. The 12 project will improve an undeveloped property with desirable improvements that will aesthetically enhance the appearance of the community with improvements including new 13 light standards, water quality management facilities for storm water runoff, screen walls, 14 landscaping, and missing street improvements for safer vehicle circulation as well as payment of fair-share contribution fee of transportation and development impact fees. Therefore, any 15 potential adverse effects are outweighed by the benefits conferred upon the community and neighborhood as a whole.
16 17
18 SECTION 3. The project is categorically exempt from the requirements of the California 19 Environmental Quality Act (CEQA), pursuant to Section 15332, In-fill Development Projects. The 20 Planning Commission directs the Planning Division to file the necessary documentation with the 21 Clerk of the Board of Supervisors for San Bernardino County. 22 SECTION 4. The Planning Commission hereby approves PPD No. 2020-0048, in 23 conjunction with CDP No. 2020-0024, allowing the development of a 4,070 square foot automated 24 carwash facility with associated landscaping, paving, lighting, fencing, and drainage improvements 25 on the Site, in accordance with the plans and application on file with the Planning Division, subject 26 27 to the following Conditions of Approval:
28 -3-
1 1. The approval is granted allowing the development an automated carwash facility on 0.71 acres of land (APNs: 0130-051-35 & -44) on the south side of Foothill Boulevard 2 approximately 130 feet east of Sycamore Avenue within the Commercial Pedestrian (C- 3 P) zone of the Foothill Boulevard Specific Plan, subject to the Conditions of Approval contained herein
4 2. The approval of PPD No. 2020-0048 is granted for a one (1) year period from the date of 5 approval. Approval of PPD No. 2020-0048 will not become effective until the applicant 6 has signed a Statement of Acceptance acknowledging awareness and acceptance of the required Conditions of Approval contained herein. Any request for an extension shall be reviewed by the Community Development Director and shall be based on the progress that has taken place toward the development of the project. 8 9 3. The development associated with PPD No. 2020-0048 shall conform to the site plan, floor plans, exterior elevations, conceptual grading plan, and conceptual landscape plan 10 attached hereto as Exhibit A, except as may be required to be modified based on the 11 Conditions of Approval contained herein.
12 4. The development associated with PPD No. 2020-0048 shall comply with all Conditions of Approval contained within CDP No. 2020-0024.
13 14 5. The development associated with PPD No. 2020-0048 shall comply with all applicable sections of the Foothill Boulevard Specific Plan, the Rialto Municipal Code, and all other 15 applicable State and local laws and ordinances.
16 6. City inspectors shall have access to the site to reasonably inspect the site during normal 17 working hours to assure compliance with these conditions and other codes. 18 7. The applicant shall indemnify, protect, defend, and hold harmless, the City of Rialto, and/or any of its officials, officers, employees, agents, departments, agencies, and 19 instrumentalities thereof (collectively, the "City Parties"), from any and all claims, 20 demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative 21 dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively "Actions"), brought against the City, and/or 22 any of its officials, officers, employees, agents, departments, agencies, and 23 instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the any action of, or any permit or approval issued by, the City and/or any of its 24 officials, officers, employees, agents, departments, agencies, and instrumentalities 25 thereof (including actions approved by the voters of the City, for or concerning the Project (collectively, the "Entitlements"), whether such Actions are brought under the 26 California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the California Public 27 Records Act, or any other state, federal, or local statute, law, ordinance, rule, regulation, 28 or any decision of a court of competent jurisdiction. This condition to indemnify, protect, defend, and hold the City harmless shall include, but not limited to (i) damages, -4-
1 fees and/or costs awarded against the City, if any, and (ii) cost of suit, attorneys' fees and other costs, liabilities and expenses incurred in connection with such proceeding 2 whether incurred by applicant, Property owner, or the City and/or other parties 3 initiating or bringing such proceeding (collectively, subparts (i) and (ii) are the "Damages"). Notwithstanding anything to the contrary contained herein, the Applicant 4 shall not be liable to the City Parties under this indemnity to the extent the Damages incurred by any of the City Parties in such Action(s) are a result of the City Parties' 5 neured by on the city Padies
fraud, intentional misconduct or gross negligence in connection with issuing the 6 Entitlements. The applicant shall execute an agreement to indemnify, protect, defend, and hold the City harmless as stated herein within five (5) days of approval of PPD No. 7 2020-0048.
8 8. In accordance with the provisions of Government Code Section 66020(d)(1), the 9 inosio of ecs, de pian estivations, a patil or for thit rat ap ivan, are 10 Project or within 90 days after the date of the imposition of the fees, dedications, 11 reservations, or exactions imposed on the Project.
12 9. Approval of PPD No. 2020-0048 will not be valid until such time that the Planning Commission has approved CDP No. 2020-0024, which was prepared in conjunction with 13 the Project.
14 10. The applicant shall install decorative pavement within the driveway connected to Foothill 15 Boulevard. The decorative pavement shall extend across the entire width of the driveway from the property line to the nearest edge of the drive-thru lane. Decorative paving means 16 pavers and/or color stamped concrete. The location of the decorative pavement shall be 17 identified on the Precise Grading Plan prior to the issuance of a grading permit.

Additionally, the location and type of decorative pavement shall be identified on the 18 formal Landscape Plan submittal, and other on-site improvement plans, prior to the issuance of building permits.
19 20 11. In order to provide enhanced building design in accordance with Chapter 18.61 (Design Guidelines) of the Rialto Municipal Code, the applicant shall route all drainage 21 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 22 permits.
23 12. In order to provide enhanced building design in accordance with Chapter 18.61 (Design 24 Guidelines) of the Rialto Municipal Code, the applicant shall construct parapet returns, at 25 least five (5) feet in depth from the main wall plane, at all height variations on all four (4) sides of the building. The parapet returns shall be demonstrated on the roof plans within 26 the formal building plan check submittal prior to the issuance of building permits. 27 13. In order to provide enhanced building design in accordance with Chapter 18.61 (Design 28 Guidelines) of the Rialto Municipal Code, the applicant shall provide internal roof access -5-
1 only for the building. The internal roof access shall be identified within the formal building plan check submittal prior to the issuance of building permits. 2 3 14. The applicant shall construct one (1) ADA accessible trash enclosure on the project site.

The trash enclosure shall provide room for one (1) commercial waste container and one 4 (1) commercial recycling container. The exterior of each trash enclosure shall match the material and base color of the building. Additionally, the trash enclosure shall contain 5 solid steel doors and a flat solid cover. Corrugated metal and chain-link are not acceptable 6 materials to use as a part of the trash enclosure. The location of the trash enclosure shall be identified on the site plan within the formal building plan check prior to the issuance 7 of building permits. An elevation detail for the trash enclosure shall be provided within 8 formal building plan check submittal prior to the issuance of building permits. 9 15. The applicant shall install a metal trellis with climbing vine within the landscape planter on the north side of the building to screen electrical room doors. The trellis shall be a 10 minimum height of 7 feet above the adjacent finish grade and shall be installed prior to 11 the issuance of a Certificate of Occupancy.
12 16. Prior to the issuance of a Certificate of Occupancy, the applicant shall post signage visible from every vacuum station prohibiting loud music on the premises. 13 14 17. The applicant shall submit a formal Landscape Plan for on-site landscaping to the Planning Division prior to the issuance of building permits. The submittal shall include 15 three (3) sets of planting and irrigation plans, a completed Landscape Plan Review application, and the applicable review fee.
16 17 18. The applicant shall plant a substantial amount of trees, shrubs, and groundcover throughout all land on-site that is not covered by structures, walkways, parking areas, and 18 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 19 shall be minimum of fifteen (15) gallons in size upon initial planting, unless otherwise 20 specified herein. At least fifty (50) percent of the trees shall consist of evergreen broadleaf trees, while the remaining percentage may consist of broadleaf deciduous trees and/or 21 palm trees. 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 22 brown bark, organic mulch, and/or decorative rock upon initial planting. Pea gravel and 23 decomposed granite are not acceptable materials to use within planter areas. All planter areas on-site shall be permanently irrigated and maintained. The planting and irrigation 24 shall be identified on the formal Landscape Plan submittal prior to the issuance of a 25 landscape permit.
26 19. The applicant shall install a minimum of one (1) twenty-four (24) inch box tree every thirty (30) linear feet within the perimeter landscape planters. All on-site tree species shall 27 consist of evergreen broadleaf trees. The trees shall be identified on the formal Landscape 28 Plan submittal prior to the issuance of building permits. All landscaping shall be maintained in good condition at all times.
-6-
1 20. The applicant shall provide parkway treatments within the public right-of-way along the 2 entire project frontage of Foothill Boulevard, in accordance with Exhibit 4.7 of the 3 Foothill Boulevard Specific Plan. Tree wells and permeable pavers shall be installed within a two and one-half (2 2) foot wide parkway strip along Foothill Boulevard. The 4 tree wells shall be separated by forty (40) feet on-center. Permeable pavers shall be installed within the remainder of the parkway strip. The parkway treatments shall be 5 identified on the Precise Grading Plan and street improvement plan prior to the issuance 6 of a grading permit.
7 21. The applicant shall plant one (1) tree in each tree well within the parkway along Foothill 8 Boulevard. All trees within the parkway shall be a minimum of twenty-four (24) gallons in size, upon initial planting. The street tree species for Foothill Boulevard is the 9 Lagerstroemia Indica x. Fauriei Muskogee "Lavender Crape Myrtle". The trees shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape 10 permit.

22. The applicant shall plant a row of shrubs at the rear of the landscape setback along Foothill 12 Boulevard for the purpose of creating a solid hedge to screen vehicles within the Site. All of the shrubs shall be a minimum of five (5) gallons in size upon initial planting, and the 13 shrubs shall be spaced no more than three (3) feet on-center. Thereafter, the shrubs shall 14 be permanently irrigated and maintained into a continuous box-shape along the entire length of the drive-thru lane with a height of no less than three and one-half (3.5) feet 15 above the finished grade. The shrubs shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.
16 17 23. The applicant shall plant shrubs that surround all ground mounted equipment and utility boxes, including transformers, fire-department connections, backflow devices, etc. for the 18 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 19 planting, and the shrubs shall be spaced no more than three (3) feet on-center. Thereafter, 20 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 three and one-half (3.5) feet 21 above the finished grade. The shrubs shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.
23 24. All planting and irrigation shall be installed on-site in accordance with the approved andscape plans and permit prior to the issuance of a Certificate of Occupancy. Th 24 nstallation of the planting and irrigation shall be certified in writing by the landscap 25 architect responsible for preparing the landscape plans prior to the issuance of a Certificate of Occupancy.
26 25. The applicant shall install signage throughout the Site informing drivers that idling of vehicles long than five (5) consecutive minutes is not permitted, as required by the South 28 Coast Air Quality Management District, prior to the issuance of a Certificate of Occupancy.
-7-
1 26. Any wrought-iron fencing and/or sliding gates shall be painted black prior to the issuance 2 of a Certificate of Occupancy.
3 27. All non-glass doors shall be painted to match the color of the adjacent wall prior to the 4 issuance of a Certificate of Occupancy.
5 28. All signage shall comply with Section 18.102 (Regulation of Signs) of the Rialto 6 Municipal Code.
7 29. All 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 8 toward the site so as not to produce direct glare or "stray light" onto adjacent properties. 9 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 10 building permits.
11 30. Where access to or within a structure area is restricted because of secured openings and 12 immediate access is necessary for life saving or fire fighting purposes, a Key Box is to be installed in an accessible locations) and gates, as approved by the Fire Department. The 13 Key Box shall be of a type approved by the Fire Department. 14 15 31. 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 16 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. 17 18 32. Prior to issuance of a Certificate of Occupancy, a Business License tax shall be paid based on the following tax rate: Distribution Centers.
19 33. The applicant shall illuminate all alleyways, driveways, and uncovered parking areas with 20 a minimum of 1.5-foot candles (at surface level) of light during the hours of darkness. 21 Lighting shall be designed/constructed in such a manner as to automatically turn on at dusk and turn off at dawn.
22 23 34. 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 24 by hand.
25 35. 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 26 accessible to the Rialto Police Department via FususONE web application. 27 36. The applicant shall comply with all conditions of approval for PPD No. 2020-0048 to the 28 satisfaction of the City Engineer, prior to the issuance of a Certificate of Occupancy. -8-
1 37. The applicant shall pay all applicable development impact fees in accordance with the 2 current City of Rialto fee ordinance, including any Transportation and Traffic Fair 3 Share Contribution fees, prior to issuance of a building permit. 4 38. 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 5 approval. The Grading Plan shall be approved by the City Engineer prior to the issuance 6 of any building permit.
7 39. 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 8 plan for the proposed development. A copy of the Geotechnical/Soils Report shall be 9 submitted to the Public Works Engineering Division with the first submittal of the Precise Grading Plan.
10 11 40. Prior to the issuance of Grading/On-site Construction Permit, the developer shall apply and complete the Special District Annexation for the public street lighting and the 12 public landscape and irrigation into the Landscape and Lighting Maintenance District 2 (LLMD2), including applicable specific plan required landscape easement areas, 13 parkway areas, and raised medians along the property frontage. 14 41. Any dry utility improvements within the public right-of-way require a City of Rialto 15 Encroachment Permit.
16 42. A single master Off-site Construction Permit is required for any street, wet utility, 17 landscape and irrigation, and traffic signal improvements along the project frontage within the public right-of-way. In an effort to expedite and facilitate improvements in 18 the public right-of-way, the applicant is responsible for submitting a multi-phase master 19 plan traffic control plan which includes all phases of construction along the project frontage in the public right-of-way i.e. sewer, water, overhead, underground, etc. prior 20 to the issuance of Off-site Construction 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 developer's contactor. 22 43. Submit California registered civil engineer prepared Street Improvement plans to the 23 Engineering Division of Public Works for review and approval. The street improvement plans shall be approved concurrently with any streetlight, landscape and 24 irrigation, and traffic signal plans unless otherwise approved by the City Engineer. The 25 Street Improvement plans shall be approved by the City Engineer prior to issuance of any building permits.
26 44. Submit Traffic Striping/Signage plans prepared by a California registered Civil 27 Engineer for review and approval by the City Engineer, as may be required for frontage 28 improvements within the right-of-way. All required traffic striping and signage improvements shall be completed concurrently with required street improvements, to -9-
1 the satisfaction of the City Engineer and prior to issuance of a Building Permit. All Traffic Striping Improvements shall be made in thermoplastic material. 2 3 45. The applicant shall submit off-site landscaping and irrigation system improvement plans and a landscape maintenance agreement for the project frontage within the right-of-way 4 for review and approval at the time of first (1) public improvement plan submittal to the Public Works Department.
5 6 46. All applicable landscape easement and parkway landscaping shall be guaranteed for a period of one year from the date of acceptance by the City Engineer. Any landscaping 7 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 8 subsequent one year landscape maintenance period.
9 47. All proposed trees within the public right-of-way and within 10 feet of the public 10 sidewalk and/or curb shall have City approved deep root barriers installed in 11 accordance with the Public Works Landscape and Irrigation Guidelines or as approved by the City Engineer.
12 48. If required by the City's spacing requirements, all new street lights shall be installed on 13 an independently metered, City-owned underground electrical system. The developer 14 shall be responsible for applying with Southern California Edison ("SCE") for all appropriate service points and electrical meters. New meter pedestals shall be installed, 15 and electrical service paid by the developer.
16 49. The developer is responsible for requesting from the Public Works Department any 17 addresses needed for any building(s) and/or any electrical single/dual irrigation meter pedestal(s). The main building address shall be included on Precise Grading Plans and 18 Building Plan set along with the PPD number. The electrical meter pedestal addresses (single or dual) shall be included in the public improvement plans. 19 20 50. All street cuts for utilities shall be repaired 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 22 Specifications for Public Work Construction ("Greenbook"). The base course material 23 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 24 occurs using an acceptable surface course material.
25 51. In accordance with City Ordinance No. 1589, adopted to preserve newly paved streets, 26 any and all street and/or trench cuts in newly paved streets will be subject to moratorium street repair standards as reference in Section 11.04.145 of the Rialto 27 Municipal Code.
28 -10-
1 52. Any and all utility trenches or other excavations within existing asphalt concrete pavement of off-site streets resulting from the proposed development shall be 2 backfilled and repaired in accordance with City of Rialto Standard Drawings. The 3 developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets including pavement repairs in 4 addition to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Rialto Water Services, Southern California 5 Edison, Southern California Gas Company, Spectrum, etc.). Multiple excavations, 6 trenches, and other street cuts within existing asphalt concrete pavement of off-site streets resulting from the proposed development may require complete grinding and 7 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 8 condition equal to or better than what existed prior to construction of the proposed 9 development.
10 53. In accordance with Chapter 15.32 of the City of Rialto Municipal Code, all existing 11 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 12 lines, which are on-site, abutting, and/or transecting, shall be installed underground.

Utility undergrounding shall extend to the nearest off-site power pole; no new poles 13 utility poles shall be installed unless otherwise approved by the City Engineer. A letter 14 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 15 notified of the City's utility undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding 16 plan shall be submitted to the City Engineer identifying all above ground facilities in 17 the area of the project to be undergrounded.
18 54. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be 19 replaced in accordance with the City Standard Drawings and as approved by the City 20 Engineer prior to issuance of a Certificate of Occupancy. 21 55. Construction signing, lighting and barricading shall be provided during all phases of construction in accordance with City Standards and as directed by the City Engineer.

As a minimum, all construction signing, lighting and barricading shall be in accordance 23 with Part 6 "Temporary Traffic Control" of the 2014 California Manual on Uniform Traffic Control Devices, or subsequent editions in force at the time of construction. 24 25 56. Upon approval of any public improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 26 drawing file), DXF (AutoCAD ASCIl drawing exchange file), and PD# (Adobe Acrobat) formats. Variation of the type and format of the digital data to be submitte 27 to the City may be authorized, upon prior approval by the City Engineer. 28 -11-
1 57. Construct 4-inch conduit within the landscape area along the entire project frontage within the right-of-way for future use (i.e., fiber-optics, etc.). 2 3 58. Dedicate additional right-of-way along the entire frontage as may be required to provide a property line at ultimate right-of-way of 60-feet from street centerline along 4 Riverside Avenue.
5 59. Provide a cost estimate for review and approval by the Public Works Direction and pay 6 an in-lieu fee equal to the estimate for the removal of existing and the construction of any new street pavement with a minimum pavement section of 5 inches asphalt 7 concrete pavement over 6 inches crushed aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, along the entire half-width street 8 frontage in accordance with City of Rialto Standard Drawings. The estimate shall 9 assume a pavement section using a Trattic Index (1) ot 10 and using "R" value:
rom the project site
10 11 60. Replace any existing damaged sections of the curb and gutter with an 8-inch curb and gutter along the entire frontage in accordance with City of Rialto Standard Drawings 12 and the General Plan or applicable Specific Plan.
13 61. Construct Americans with Disabilities Act (ADA) compliant sidewalk improvements 14 behind curb along the entire frontage in accordance with the General Plan, any Specific Plan and the City of Rialto Standard Drawings.
15 62. Construct a commercial driveway approach in accordance with City of Rialto Standard 16 Drawings. The driveway approach shall be constructed so the top of "X" is 5 feet from 17 the property line, or as otherwise approved by the City Engineer. Nothing shall be constructed or planted in the corner cut-off area which does or will exceed 30 inches in 18 height required to maintain an appropriate corner sight distance. 19 63. Construct a curb ramp meeting current California State Accessibility standards along 20 both sides of the commercial driveway approach. The developer shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, 21 and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer. If necessary, additional pedestrian and 22 sidewalk easements shall be provided on-site to construct a path of travel meeting ADA 23 guidelines.
24 64. Development of the site is subject to the requirements of the National Pollution 25 Discharge Elimination System (NPDES) Permit for the City of Rialto, under the Santa Ana Regional Water Quality Control Board, Board Order No. R8-2010-0036. Pursuant 26 to the NPDES Permit, the developer shall ensure development of the site incorporates post-construction Best Management Practices ("BMPs") in accordance with the Model 27 Water Quality Management Plan ("WQMP") approved for use for the Santa Ana River 28 Watershed. The developer is advised that applicable Site Design BMPs will be required -12-
1 to be incorporated into the final site design, pursuant to a site specific WQMP submitted to the City Engineer for review and approval.
2 3 65. The minimum pavement section for all on-site pavements shall be 2½ inches asphalt concrete pavement over 4 inches crushed aggregate base with a minimum subgrade of 4 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered 5 Geotechnical Engineer using "R" values from the project site and submitted to the City 6 Engineer for approval.

66. The developer shall connect to the City of Rialto sewer system and apply for a sewer connection account with Rialto Water services.
8 9 67. Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Division. The plans shall be City Engineer approved prior to issuance 10 of any building permits.
11 68. Prior to issuance of a certificate of occupancy or final City approvals, provide 12 certification from Rialto Water Services to demonstrate that all water and/or wastewater service accounts have been documented.
13 14 69. The developer is advised that domestic water service is provided by Rialto Water Services. The developer shall be responsible for coordinating with Rialto Water 15 Services and complying with all requirements for establishing domestic water service to the property.
16 17 70. 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 18 Collection of the City of Rialto Municipal Code).
19 71. The applicant's contractors shall submit copies of recycling tickets demonstrating 20 minimum compliance with construction waste management recycling requirements as well as chain of custody for all construction debris.
21 22 72. The applicant shall submit a Precise Grading Plan prepared by a California registered civil engineer for review and approval. The Precise Grading/Paving Plan shall be approved by the City Engineer prior to issuance of a building permit. 24 73. Prior to commencing with any grading, the applicant shall implement the required erosion 25 and dust control measures shall be in place. In addition, the following shall be included if not already identified:
26 a. 6 foot high tan colored perimeter screened fencing; 27 b. Contractor information signage including contact information along the street frontage of Riverside Avenue; and,
28 -13-
1 c. Post dust control signage with the following verbiage: "Project Name, WDID No., IF YOU SEE DUST COMING FROM THIS PROJECT CALL: NAME (XXX) 2 XXX-XXX, If you do not receive a response, please call the AQMD at 1-800- 3 CUT-SMOG/1-800-228-7664."
4 74. The applicant shall submit a Water Quality Management Plan identifying site specific Best Management Practices ("BMPs") in accordance with the Model Water Quality 5 Management Plan ("WQMP"') approved for use for the Santa Ana River Watershed. The 6 site specific WQMP shall be submitted to the City Engineer for review and approval with the Grading Plan. A WQMP Maintenance Agreement shall be required, obligating the 7 property owner(s) to appropriate operation and maintenance obligations of on-site BMPs 8 constructed pursuant to the approved WQMP. The WQMP and Maintenance Agreement shall be approved prior to the issuance of any building permit and shall be recorded at the 9 San Bernardino County Recorder's Office prior to the issuance of a Certificate of Occupancy.
10 11 75. The applicant shall prepare a Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified 12 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 13 Identification (WDID) number shall be provided to the City Engineer prior to issuance of 14 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 15 Construction Permit. All appropriate measures to prevent erosion and water pollution during construction shall be implemented as required by the SWPPP. 16 17 76. A California registered Geotechnical Engineer prepared Geotechnical/Soils Report shall be required for and incorporated as an integral part of the grading/paving plan anc 18 NQMP for the proposed development. A copy of the Geotechnical/Soils Report shal be submitted to the Engineering Division with the first submittal of the Precise 19 Grading/Paving Plan.
20 21 77. 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 22 on the site, on-site retention or other facilities approved by the City Engineer shall be 23 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 24 runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other 25 stormwater runoff mitigation measures shall be determined upon review and approval of 26 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 hydrology study. The 27 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 28 100-year frequency storm.
-14-
1 78. Direct release of on-site nuisance water or stormwater runoff shall not be permitted to the 2 adjacent public streets. Provisions for the interception of nuisance water from entering 3 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 4 areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. All on-site and off-site designs must comply with 5 NDES stormwater regulations.
6 79. The applicant shall provide pad elevation certifications for all building pads in 7 conformance with the approved Precise Grading Plan to the Engineering Division prior 8 to construction of any building foundation.
9 80. 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 10 with approved plans and specifications, and as identified in the approved WQMP. 11 81. The applicant shall remove any graffiti within 24 hours, before, during, and post construction.

82. In accordance with the City of Rialto Municipal Code Section 18.72.010, Provision D, 14 inadequately maintained landscaping which is visible from the public street, or right- of-way and which, either alone or in combination with other conditions on the subject 15 property tends to degrade the aesthetic quality of the immediate neighborhood is prohibited.
16 17 83. All provisions and requirements determined and approved at the City of Rialto Transportation Commission's March 6, 2020 meeting are incorporated herein, 18 referencing Transportation Commission Item 20-0204.
19 84. The applicant shall design the structure in accordance with the 2019 California Building 20 Code, 2019 California Mechanical Code, 2019 California Plumbing Code, and the 2019 California Electrical Code, 2019 Residential Code and the 2019 California Green 21 Buildings Standards adopted by the State of California.

85. The applicant shall design all structures to withstand ultimate wind speed of 130 miles per hour, exposure C and seismic zone D.
24 86. As applicable, the applicant shall submit fire sprinkler, fire alarm systems, and fire hydrant plans to the Building Division for plan review concurrently with building plans and shall 25 be approved prior to the issuance of a building permit. 26 87. The applicant shall obtain an Electrical Permit from the Building Division for any temporary electrical power required during construction. No temporary electrical power 28 will be granted to a project unless one of the following items is in place and approved by -15-
1 the Building Division: (A) Installation of a construction trailer, or, (B) Security fencing around the area where the electrical power will be located. 2 3 88. The applicant shall install any permitted temporary construction trailer on private property. No trailers are allowed to be located within the public right-of-way. 4 89. The applicant shall design and construct accessible paths of travel from the building's 5 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, 7 signage, gates, lifts and walking surface materials, as necessary. The accessible route(s) 8 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 9 site, California Building Code, (CBC) Chapter 11, Sec, 11A and 11B. 10 90. 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 signage on each adjacent street saying "If there is any dust or debris coming from this site please contact 12 (superintendent number here) or the AQMD if the problem is not being resolved" or something similar to this.
13 14 91. 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 15 facilities of the non-sewer type shall conform to ANSI ZA.3. 16 92. All on site utilities shall be underground to the new proposed structure, unless prior 17 approval has been obtained by the utility company or the City. 18 93. Prior to issuance of Building Permits, site grading final and pad certifications shall be submitted to the Building Division, which include elevation, orientation, and compaction. 19 The certifications are required to be signed by the engineer of record. 20 94. The applicant shall provide proof of payment to the Rialto Unified School District for all 21 required school fees, prior to the issuance of a building permit. 22 95. The applicant shall obtain all necessary approvals and operating permits from all Federal, 23 State and local agencies prior to the issuance of a Certificate of Occupancy. 24 96. Approval of PPD No. 2020-0048 will not become effective until the applicant has signed 25 a statement acknowledging awareness and acceptance of the required conditions of approval contained herein.
26 27 SECTION 6. The Chairman of the Planning Commission shall sign the passage and adoption of this 28 resolution and thereupon the same shall take effect and be in force. -16-
1 PASSED, APPROVED AND ADOPTED this 11th day of August, 2021. 2 3
4 FRANK GONZALEZ, CHAIR
5 CITY OF RIALTO PLANNING COMMISSION
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21

STATE OF CALIFORNIA )
23 COUNTY OF SAN BERNARDINO
) ss
24 CITY OF RIALTO )
25 26
27 28
-17-
1 STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO ) SS
3 CITY OF RIALTO )
4 5 I, Adrianna Martinez, Administrative Assistant of the City of Rialto, do hereby certify that 6 the foregoing Resolution No. 2021-37 was duly passed and adopted at a regular meeting of the 7 Planning Commission of the City of Rialto held on the 11" day of August 2021. 8 Upon motion of Vice Chair Jerry Gutierrez, second by Commissioner Dale Estvander the 9 foregoing Resolution No. 2021-37 was duly passed and adopted. 10 11 Vote on the motion:
12 AYES: 7
13 NOES: 0
14 ABSENT:
15 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of 16 Rialto this 11" day of August 2021.
17 18
19 Adranna Martinez, Administrative Assistant
20 21
22 23
24 25
26 27
28 -18-
1 RESOLUTION NO. 2021-36
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF RIALTO, CALIFORNIA APPROVING CONDITIONAL
3 DEVELOPMENT PERMIT NO. 2020-0024 TO ALLOW THE
DEVELOPMENT AND OPERATION OF A 4,070 SQUARE FOOT
4 AUTOMATED CARWASH ON 0.71 ACRES OF LAND (APNS:
5 0130-051-35 & -44) LOCATED ON THE SOUTH SIDE OF
FOOTHILL BOULEVARD APPROXIMATELY 130 FEET EAST

OF SYCAMORE AVENUE WITHIN THE COMMERCIAL

PEDESTRIAN (C-P) ZONE OF THE FOOTHILL BOULEVARD
7 SPECIFIC PLAN.
8 WHEREAS, the applicant, Zubin Laiwalla, proposes to develop and operate an automated 9 carwash facility ("Project") on 0.71 acres of land (APNs: 0130-051-35 & -44) located on the south 10 side of Foothill Boulevard approximately 130 feet east of Sycamore Avenue within the Commercial 11 Pedestrian (C-P) zone of the Foothill Boulevard Specific Plan ("Site"); and 12 WHEREAS, Pursuant to Table 3.1 (Permitted Uses) of the Foothill Boulevard Specific 13 Plan and Chapter 18.66 (Conditional Development Permits) of the Rialto Municipal Code, the 14 Project requires a Conditional Development Permit and the applicant has agreed to apply for 15 Conditional Development Permit No. 2020-0024 ("CDP No. 2020-0024"); and 16 WHEREAS, in conjunction herewith, the applicant submitted Precise Plan of Design No. 17 2020-0048 ("PPD No. 2020-0048") to allow the development of a 4,070 square foot automated car 18 wash facility with associated landscaping, paving, lighting, fencing, and drainage improvements on 19 20 the Site; and
WHEREAS, on August 11, 2021, the Planning Commission of the City of Rialto conducted 21 a duly noticed public hearing, as required by law, CDP No. 2020-0024, and PPD No. 2020-0048, 22 took testimony, at which time it received input from staff, the city attorney, and the applicant; 23 heard public testimony; discussed the proposed CDP No. 2020-0024, and PPD No. 2020-0048; 24 and closed the public hearing; and WHEREAS, all legal prerequisites to the adoption of this 25 Resolution have occurred.
26 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto 27 28 as follows:
- 1-
1 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth 2 in the recitals above of this Resolution are true and correct and incorporated herein. 3 SECTION 2. Based on substantial evidence presented to the Planning Commission during • the public hearing conducted with regard to CDP No. 2020-0024, including written staff reports, 5 verbal testimony, site plans, other documents, and the conditions of approval stated herein, the 6 Planning Commission hereby determines that CDP No. 2020-0024 satisfies the requirements of 7 Section 18.66.020 of the Rialto Municipal Code pertaining to the findings which must be made 8 precedent to granting a conditional development permit. The findings are as follows:
9 1. The proposed use is deemed essential or desirable to provide a service or facility which will contribute to the convenience or general well-being of the neighborhood 10 or community; and
11 This finding is supported by the following facts:
12 The project will improve an undeveloped property with desirable improvements that will 13 aesthetically enhance the appearance of the community and contribute to general well-being 14 of the community. Improvements include a new 4,070 square foot building with carwash unnel. vacuum stations and associated landscaping buffering, paving, lighting and missin 15 reet improvements for safer vehicle circulation. The implementation of the project Conditions of Approval will ensure that there is no interference with of the neighborhood 16 or.
17 2. The proposed use will not be detrimental or injurious to health, safety, or general 18 welfare of persons residing or working in the vicinity; and 19 This finding is supported by the following facts:
20 The zoning of the Site is Commercial Pedestrian (C-P) within the Foothill Boulevard 21 Specific Plan. The Project is consistent with the C-P zone and the surrounding commercial land uses in the vicinity. The nearest sensitive use is a church private school located to the 22 south of the project site, across the public alley. Surrounding land uses consist of a local 23 hardware store and self-service hand carwash to the north, across Foothill Boulevard, an existing neighborhood commercial center to the west at the intersection Sycamore Avenue 24 and Foothill Boulevard and a vacant commercial building to the east. These land uses are 25 not expected to be negatively impacted by the proposed project, since features and measures, such as screen fencing, property setbacks and site landscaping will serve to 26 physically separate the uses mitigating any potential impacts. 27 The site for the proposed use is adequate in size, shape, topography, accessibility and 28 other physical characteristics to accommodate the proposed use in a manner compatible with existing land uses; and
-2-
1 This finding is supported by the following facts:
2 The Project Site is rectangular in shape, consists of two (2) parcels of land totaling 0.71 acres 3 n size with approximate average dimensions of 175 feet (east-west) by 182 feet (north-south) 4 Iccess to the site will be located on Foothill Boulevard through a thirty-five (35) foot wid main driveway located in the center of the site to provide the maximum distance between the 5 two existing driveways on adjacent properties.
6 The site has adequate access to those utilities and other services required for the 7 proposed use; and
8 This finding is supported by the following facts:
9 The Project Site is a vacant parcel of land that is surrounded by existing development and has 10 adequate access to all utilities and services required to install improvements such as lighting 11 and irrigation as part of the proposed Project.
12 The proposed use will be arranged, designed, constructed, and maintained so as it will not be injurious to property or improvements in the vicinity or otherwise be 13 inharmonious with the General Plan and its objectives, or any zoning ordinances; and 14 This finding is supported by the following facts:
15 The use is consistent with the C-P zone. The Project, as submitted, meets or exceeds the applicable development criteria of the C-P zone and the design criteria contained in Chapter

18.61 (Design Guidelines) of the RMC. Furthermore, the Site will be aesthetically 17 enhanced with new street improvements, landscaping and screening that complies with the 18 City's Design Guidelines.

6. Any potential adverse effects upon the surrounding properties will be minimized to 20 very extent practical and any remaining adverse effects shall be outweighed by the enefits conferred upon the community or neighborhood as a whole 21 This finding is supported by the following facts:
23 The nearest sensitive use is a church/private school located to the south of the project site, across the public alley. The surrounding land uses are not expected to be negatively 24 impacted by the proposed project, since features and measures, such as screen fencing, property setbacks and site landscaping will serve to physically separate the uses and 25 mitigate any potential impacts. Additionally, conditions of approval include restricting the 26 hours of operation for the car wash, requiring signage and enforcement prohibiting loud 27 28 will improve an undeveloped property with desirable improvements that will aesthetically -3-
1 enhance the appearance of the community with improvements including a new 4,070 2 3
Therefore, any potential adverse effects are outweighed by the benefits conferred upon the 4 community and neighborhood as a whole.
5 SECTION 3. The project is categorically exempt from the requirements of the California 6 Environmental Quality Act (CEQA), pursuant to Section 15332, In-fill Development Projects. The 7 Planning Commission directs the Planning Division to file the necessary documentation with the 8 Clerk of the Board of Supervisors for San Bernardino County. 10 SECTION 4. CDP No. 2020-0024 is granted to Zubin Laiwalla, in accordance with the plans 11 and application on file with the Planning Division, subject to the following conditions:
12 1. The applicant is granted CDP No. 2020-0024 allowing the development and operation of an automated carwash on 0.71 acres of land (APNs: 0130-051-35 & -44) located on the 13 south side of Foothill Boulevard approximately 130 feet east of Sycamore Avenue within 14 the Commercial Pedestrian (C-P) zone of the Foothill Boulevard Specific Plan, as shown on the plans submitted to the Planning Division dated July 29, 2021, and as approved by 15 the Planning Commission. If the Conditions of Approval specified herein are not satisfied or otherwise completed, the project shall be subject to revocation. 16 17 2. 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. 18 3. The applicant shall indemnify, protect, defend, and hold harmless, the City of Rialto, 19 and/or any of its officials, officers, employees, agents, departments, agencies, and 20 instrumentalities thereof (collectively, the "City Parties"), from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether 21 legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, 22 and other such procedures), (collectively "Actions"), brought against the City, and/or 23 any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or 24 annul, the any action of, or any permit or approval issued by, the City and/or any of its 25 officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the 26 Project (collectively, the "Entitlements"), whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision 27 Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the California Public 28 Records Act, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. This condition to indemnity, -4
1 protect, defend, and hold the City harmless shall include, but not limited to (i) damages, fees and/or costs awarded against the City, if any, and (ii) cost of suit, attorneys' fees 2 and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by applicant, Property owner, or the City and/or other parties 3 initiating or bringing such proceeding (collectively, subparts (i) and (i) are the 4 "Damages"). Notwithstanding anything to the contrary contained herein, the Applicant shall not be liable to the City Parties under this indemnity to the extent the Damages 5 incurred by any of the City Parties in such Action(s) are a result of the City Parties' 6 traud, intentional misconduct or gross negligence in connection with issuing the Entitlements. The applicant shall execute an agreement to indemnity, protect, detend, 7 and hold the City harmless as stated herein within five (5) days of approval of CDP No. 2020-0024.
8 9 4. In accordance with the provisions of Government Code Section 66020(d)(1), the mposition of fees, '
10 Project or within 90 days after the date of the imposition of the fees, dedications, reservations, or exactions imposed on the Project.
12 5. All operations on the Site shall only be conducted between the hours of 7:00 a.m. to 8:00 13 p.m. seven (7) days a week.
14 6. The applicant shall install the kiosk so that the audio speaker is directed away from the 15 south property line. The angle of the kiosk shall be demonstrated on the plans within the formal building plan check submittal prior to the issuance of a building permit. 16 17 7. The applicant shall obtain all necessary approvals and operating permits from all Federal, State, and local agencies and provide proof thereof to the City prior to the issuance of a 18 Certificate of Occupancy.
19 8. The privileges granted by the Planning Commission pursuant to approval of this 20 Conditional Development Permit are valid for one (1) year from the effective date of approval. If the applicant fails to commence the project within one year of said 21 effective date, this conditional development permit shall be null and void and any privileges granted hereunder shall terminate automatically. If the applicant or his or 22 her successor in interest commence the project within one year of the etfective date of approval, the privileges granted hereunder will continue inured to the property as long as the property is used for the purpose for which the conditional development permi 24 was granted, and such use remains compatible with adjacent property uses. 25 9. Approval of CDP No. 2020-0024 will not become effective until the applicant has signed 26 a statement acknowledging awareness and acceptance of the required conditions of approval contained herein.
27 10. In the event, that any operation on the Site is found to be objectionable or incompatible 28 with the character of the City and its environs due to excessive noise, excessive traffic -5-
1 loitering, criminal activity or other undesirable characteristics including, but not strictly limited to, uses which are or have become offensive to neighboring property or the goals 2 and objectives of the Commercial Pedestrian (C-P) zone of the Foothill Boulevard Specific Plan and the City's General Plan, the applicant shall address the issues within 3 forty-eight (48) hours of being notified by the City. 4 11. If the applicant fails to comply with any of the conditions of approval placed upon CDP 5 No. 2020-0024 and PPD No. 2020-0048, the Planning Commission may initiate 6 proceedings to revoke the conditional development permit in accordance with the provisions of Sections 18.66.070 through 18.66.090, inclusive, of the Rialto Municipal 7 Code. Conditional Development Permit No. 2020-0024 may be revoked, suspended or modified in accordance with Section 18.66.070 of the Zoning Ordinance at the 8 discretion of the Planning Commission if:
9 10 * The enly molid, or happen suspen eted has masted to exist, been 11 b. Any of the express conditions or terms of such permit are violated; 12 13 c. The use for which such approval was granted becomes or is found to be objectionable or incompatible with the character of the City and its environs due 14 to excessive noise, excessive traffic, loitering, criminal activity or other undesirable characteristics including, but not strictly limited to uses which are or 15 have become offensive to neighboring property or the goals and objectives of the 16 Commercial Pedestrian (C-P) zone of the Foothill Boulevard Specific Plan, and the City's General Plan.
17 18 SECTION 5. The Chairman of the Planning Commission shall sign the passage and 19 adoption of this resolution and thereupon the same shall take effect and be in force. 20 PASSED, APPROVED AND ADOPTED this 11th _ day of August. 2021. 22 23

FRANK GONZALEZ, CHAIR
24 CITY OF RIALTO PLANNING COMMISSION
25 STATE OF CALIFORNIA )
26 COUNTY OF SAN BERNARDINO ) SS
27 CITY OF RIALTO )
28 1 STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO ) sS
3 CITY OF RIALTO )
4 5 1, Adrianna Martinez, Administrative Assistant of the City of Rialto, do hereby certify that the foregoing Resolution No. 2021-36 was duly passed and adopted at a regular meeting of the 7 Planning Commission of the City of Rialto held on the 11' day of August 2021. 8 Upon motion of Vice Chair Jerry Gutierrez, second by Commissioner Dale Estvander the foregoing Resolution No. 2021-36 was duly passed and adopted. 10 Vote on the motion:
12 AYES: 7
13 NOES: 0
14 ABSENT:
15 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of 16 Rialto this 11"' day of August 2021.
17 18
19 Adrianna Mart ez, Administrative Assistant
20 21
22 23
24 25
26 27
28 -7-
Quick Quack Car Wash 44-346 Rialto
Quick Quack Car Wash
(DEVELOPER)

ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the above-named Developer to the City of Rialto for the above-referenced Project, Developer hereby warrants to the City of Rialto that:

Neither the property to be dedicated nor Developer are in violation of any environmental law, and neither the property to be dedicated nor the Developer 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.

2. Neither Developer nor any other person with Developer's permission to be upon the property to be dedicated has used, generated, manufactured, produced, or released, 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 warranty, 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.

Developer 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.

4. Developer'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.

5. All persons executing this warranty hereby represent and warrant to the City of Rialto, and Developer hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Developer and that the signators Exhibit "C"
hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Developer's environmental experts, to make the representations herein, and that no consent of any other party is required to execute this warranty and make the representations herein on behalf of the Developer to the City of Rialto.

Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.

Dated: Tomary 19, 2026
DEVELOPER*
Quick Quack Car Wash
Holdings, LLC
A Delaware Limited Liability
Company
*Proof of authorization for Developer's signatures is required to be submitted concurrently with this environmental warranty.

Exhibit "C"

ACKNOWLEDGMENT
A notary public or other officer completing this
State of California
County of Placer
on 02/19/2026 before me, A. Carlson, Notary Public
(insert name and title of the officer)
personally appeared Tracy Delgado
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

A. CARLSON
Notary Public - Callfornia
WITNESS my hand and official seal. Placer County
Commission # 2436466
My Comm. Expires Jan 30, 2027
Signature (Seal)