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ATTACHMENT NO. 4

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING REPORTING PROGRAM AND DIRECTING STAFF TO FILE THE NOTICE OF DETERMINATION AND APPROVING TENTATIVE PARCEL MAP NO. 20010 (TPM NO. 19-003), APPROVING TENTATIVE TRACT MAP NO. 20224 (TTM NO. 18-011), APPROVING CONDITIONAL USE PERMIT NO. 18-027 (MASTER CASE NO. 18-096) FOR AN AREA PLAN AND PLANNED UNIT DEVELOPMENT, AND APPROVING DESIGN REVIEW NO. 18-028.

WHEREAS, the City of Fontana received an application on August 30, 2018, for a Tentative Parcel Map (TPM) to subdivide one (1) existing parcel into two (2) parcels for residential condominiums and a future commercial center, Tentative Tract Map (TTM) for condominium purposes on approximately 21.67 adjusted gross acres for the purpose of creating a condominium map for 253 condominiums, a Conditional Use Permit application for purposes of establishing an Area Plan and Planned Unit Development for the residential and for future development of a commercial center, and a Design Review application for site and architecture review of 253 condominiums and recreational building Project Applicant: NH Duncan Canyon LLC

500 Newport Center Drive, Suite 570 Newport Beach, CA 92660

Project Location: Located on the northeast corner of Duncan Canyon Road and Citrus Avenue (APN 0239-081-35).

Site Area: 32.88 gross acres

WHEREAS, all of the notices required by statute or the City Municipal Code have been given as required; and

WHEREAS, the subject site includes one (1) parcel that was annexed from San Bernardino County into the City of Fontana on October 8, 1981; and

WHEREAS, pursuant to the California Environmental Act (CEQA) and the 2019 Local Guidelines Section 6.16 for Implementing CEQA, an Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) were prepared for this project; and

WHEREAS, on May 21, 2019, the Planning Commission received public testimony and considered Tentative Parcel Map No. 20010 (TPM No. 19-003), Tentative Tract Map No. 20224 (TTM No. 18-011), Conditional Use Permit (CUP) No. 18-027, and Design Review No. 18-028; and,

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WHEREAS, Tentative Parcel Map No. 20010 (TPM No. 19-003), Tentative Tract Map No. 20224 (TTM No. 18-11), Conditional Use Permit (CUP) No. 17-001, and Design Review No. 18-028, are in compliance with the General Plan; and,

WHEREAS, pursuant to Section 15.26 of the General Plan of the Fontana, a mixed-use project is permitted within the Regional Mixed Use (R-MU) zone with approval of an Area Plan and Planned Unit Development (PUD).

WHEREAS, approval of a Design Review application and Conditional Use Permit application for the Planned Unit Development are required to have a recommendation for approval by the Planning Commission to the City Council; and

WHEREAS, the Commission carefully considered all information pertaining to the proposed project, including the staff report, findings, and all of the information, evidence, and testimony presented at its public hearing on May 21, 2019; and

WHEREAS, on May 21, 2019, at a regularly scheduled Planning Commission meeting, the Planning Commission recommended approval of the project to the City Council; and

WHEREAS, the City of Fontana wishes to protect and preserve the quality of the life throughout the City, through effective land use and planning; and

WHEREAS, Conditions of Approval have been prepared and are attached hereto as Exhibits “A” to “D” for the Tentative Parcel Map, Tentative Tract Map, Conditional Use Permit, and Design Review; and

WHEREAS, an Initial Study (IS) has been prepared for this project pursuant to the California Environmental Quality Act (CEQA). Based on the information in the IS, a Mitigated Negative Declaration (MND) and Mitigation Monitoring Program has been prepared for the City Council’s consideration; and

WHEREAS, the owners of property within 660 feet of the proposed project site were notified via public hearing notice mailer prior to the Public Hearing; and a notice of the public hearing was published in the newspaper on June 5, 2019, posted at City Hall and at the project site; and

WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred.

WHEREAS, The City Council made the following Findings for Tentative Parcel Map No. 20010 (TPM No. 19-003), Tentative Tract Map No. 20224 (TTM 18-011), Conditional Use Permit (CUP) No. 18-027, and Design Review No. 18-028.

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Section 1. The City Council of the City of Fontana hereby makes the following findings for Tentative Parcel Map No. 20010 in accordance with Section 26-219 (e)

“Findings for approval of tentative parcel map” of the Fontana Subdivision Code:

Finding No. 1: The proposed map is consistent with the City’s General Plan.

Findings of Fact: Tentative Parcel Map 20010 is a request to subdivide one (1) existing parcel totaling approximately 32.9 gross acres into two (2) lots. Lot one (1) will total 8.41 gross acres and will be for the future development of a commercial center and Lot two (2) will total approximately 24.48 gross acres and will be for the use of 253 condominiums. The General Plan and Regional Mixed Use (RMU) designation allows for the use and the Fontana Municipal Code allows for the subdivision of parcels.

The lots, as proposed, comply with the City of Fontana’s Municipal Code, including the Subdivision Sections (Chapter 26) and Zoning and Development Code (Chapter 30). The project site has a General Plan Land Use designation as RMU. RMU Land Use designation allows a density of up to 24 dwelling units per acre for multi-family units such as the proposed condominiums with approval of a mixed- use project within the R-MU zone. The project is proposed with a density of 11.7 dwelling unit per acre which is below the maximum 24.0 units per acre density allowed in the R-MU zoning district.

Therefore, the proposed Tentative Parcel Map 20010 is consistent with the City’s General Plan. Additionally, new utilities will be installed and the street meets the minimum width requirement of a short local street identified within the hierarchs of streets of the General Plan.

Finding No. 2: The design and improvements of the proposed subdivision are consistent with the General Plan.

Findings of Fact: The design of the proposed subdivision, as mentioned in Finding No.

1, above is consistent with the General Plan. Street improvements including curb, gutter, and sidewalks conform to the requirements of the General Plan, Subdivisions (Chapter 26), and the Zoning and Development Code (Chapter 30). This project is required to connect to the City’s sewer system. Additionally, the project has been reviewed by the Engineering Department and San Bernardino County Fire Department for safety and access.

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

Findings of Fact: The project site, shape, and topography is suitable for the proposed subdivision. The project site is approximately 32.9 gross acres and

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will accommodate the proposed 253 condominiums and future commercial project including curb, gutter, and sidewalks. The RMU Land Use designation allows a density of up to 24.0 dwelling units per acre. The project is proposed with a density of 11.7 dwelling units per acre which is below the maximum 24.0 units per acre density allowed in the RMU zoning district for mixed use projects.

The commercial portion is large enough at 8.41 gross acres to establish a future commercial center. The subdivision is bordered by vacant land to the north and west (Ventana Specific Plan), and Edison easement to the south and east. All street improvements will be constructed pursuant to applicable building, zoning, engineering and fire code standards, as mentioned in Finding No. 2 above.

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

Findings of Fact: The design of the subdivision and the proposed improvements as described in Finding No. 1 through Finding No. 3 above complies with the City of Fontana’s Municipal Code requirements, conditions of approval (referenced herein), and will not have any impact on the environment or substantially and avoidably injury to fish, wildlife, or their habitat. Additionally, an Initial Study as referenced herein was completed for the proposed project and no impact was found to be significant and unavoidable. A Mitigated Negative Declaration has been prepared for this project.

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

Findings of Fact: The design of the subdivision as described in Finding No. 1 through Finding No. 4 above complies with the City of Fontana’s Municipal Code requirements and the improvements associated with the subdivision such as street, curb, gutter, sidewalk are required to be constructed and have been designed as part of this project pursuant to the Zoning and Development Code and the Engineering Department requirements. Additional improvements such as water and sewer connection will be built pursuant to applicable building, zoning, and fire code standards; therefore, shall promote the public health, safety, and welfare of the surrounding community and will not cause public health problems.

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

Findings of Fact: The design of the subdivision and improvements will not conflict with any access easements acquired by the public. The proposed subdivision will provide two (2) points of access from Citrus Avenue.

Finding No. 7: The proposed subdivision is consistent with local ordinances certified by the State Board of Forestry and Fire Protection as meeting or exceeding the state regulations.

Findings of Fact: The proposed project is not located in the area identified in the State Cal-Fire very high fire hazard severity zone, however, this site has been identified in the local City adopted ordinance (Ordinance 2015- 083) as part of the fire hazard overlay district (FHOD). The site will be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein. All requirements of Section. 30-301.30. – (Fire Hazard Overlay District Regulations) shall apply.

Finding No. 8: The proposed project will have fire protection and suppression services available for the subdivision through the City.

Findings of Fact: The site will be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein. The project was reviewed by the Fontana Fire District and Building & Safety and the appropriate conditions have been placed on the project so the project will have fire protection and suppression services. All requirements of Section. 30-301.30. – (Fire Hazard Overlay District Regulations) shall also apply.

Section 2. The City Council of the City of Fontana hereby makes the following findings for Tentative Tract Map No. 20224 in accordance with Section 26-55 (e) “Findings for approval of tentative tract map” of the Fontana Subdivision Code:

Finding No. 1: The proposed map is consistent with the City’s General Plan.

Findings of Fact: Tentative Tract Map 20224 is a request for a condo map for a total of 153 condominiums on approximately 21.7 adjusted gross acres to be on one (1) lot for condominium purposes. The Regional Mixed Use (RMU) land use designation in the General Plan allows for the proposed development.

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The tentative tract map will comply with the City of Fontana’s Municipal Code, the Subdivision Sections of the Code (Chapter 26) and Zoning and Development Code (Chapter 30). The tentative tract map is compatible with the surrounding residential land uses. The project site has a General Plan Land Use designation of Regional Mixed Use. The RMU Land Use designation allows a density of up to 24 dwelling units per acre for multi-family units with a commercia component in a mixed-use project. The project is proposed with a density of 11.7 dwelling units per acre which is below the maximum 24.0 units per acre density allowed in the RMU for the land use designation per the General Plan. Therefore, the proposed Tentative Tract Map 20224 is consistent with the City’s General Plan.

Additionally, new utilities will be installed and the street meets the minimum width requirement of a short local street identified within the General Plan.

Finding No. 2: The design and improvements of the proposed subdivision are consistent with the General Plan.

Findings of Fact: The design of the proposed subdivision, as mentioned in Finding No.

1, above is consistent with the General Plan. Street improvements including curb, gutter, and sidewalks conform to the requirements of the General Plan, Subdivisions (Chapter 26), and the Zoning and Development Code (Chapter 30). This project is required to connect to the City’s sewer system. Additionally, the project has been reviewed by the Engineering Department and San Bernardino County Fire Department for safety and access.

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

Findings of Fact: The project site, shape, and topography is suitable for the proposed subdivision. The project site is approximately 32.9 gross acres and will accommodate the proposed 253 condominiums including curb, gutter, and sidewalks. The R-MU Land Use designation allows a density of up to 24.0 dwelling units per acre. The project is proposed with a density of 11.7 dwelling unit per acre which is below the maximum 24.0 units per acre density allowed in the R-MU zoning district for mixed-use projects.

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

Findings of Fact: The design of the subdivision and the proposed improvements as described in Finding No. 1 through Finding No. 3 above complies with the City of Fontana’s Municipal Code requirements, conditions of approval (referenced herein), and will not have any impact on the environment or substantially and avoidably injury to fish, wildlife, or their habitat. Moreover, the site is not located within the boundaries of the potential sensitive habitats and the site is completely surrounded by development. Additionally, an Initial Study as referenced herein was completed for the proposed project and no impact was found to be significant and unavoidable. A Mitigated Negative Declaration has been prepared.

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

Findings of Fact: The design of the subdivision as described in Finding No. 1 through Finding No. 4 above complies with the City of Fontana’s Municipal Code requirements and the improvements associated with the subdivision such as street, curb, gutter, sidewalk are required to be constructed and have been designed as part of this project pursuant to the Zoning and Development Code and the Engineering Department requirements. Additional improvements such as water and sewer connection will be built pursuant to applicable building, zoning, and fire code standards; therefore, shall promote the public health, safety, and welfare of the surrounding community and will not cause public health problems.

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

Findings of Fact: The design of the subdivision and improvements will not conflict with any access easements acquired by the public. The proposed subdivision will have adequate access from Citrus Avenue. Currently there are no other existing public access easements through or within the proposed subdivision boundaries.

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Finding No. 7: The proposed subdivision is consistent with local ordinances certified by the State Board of Forestry and Fire Protection as meeting or exceeding the state regulations.

Findings of Fact: The proposed project is not located in the area identified in the State Cal-Fire very high fire hazard severity zone, however, this site has been identified in the local City adopted ordinance (Ordinance 2015- 083) as part of the fire hazard overlay district (FHOD). The site will be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein. All requirements of Section. 30-301.30. – (Fire Hazard Overlay District Regulations) shall apply.

Finding No. 8: The proposed project will have fire protection and suppression services available for the subdivision through the City.

Findings of Fact: The site will be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein. The project was reviewed by the Fontana Fire District and Building & Safety and the appropriate conditions have been placed on the project so the project will have fire protection and suppression services. All requirements of Section. 30-301.30. – (Fire Hazard Overlay District Regulations) shall also apply.

Section 3. The City Council of the City of Fontana hereby makes the following findings for a Planned Unit Development in accordance with Section 30-102.8 “Findings for approval of a “planned unit development” of the Fontana Subdivision Code:

Finding No. 1: The proposed project conforms to the general plan and is consistent with the purposes and requirements of this division.

Findings of Fact: The applicant is proposing construct 253 multi-family units including a clubhouse and amenities on property that is located at the northeast corner of Duncan Canyon Road and Citrus Avenue (APN 0239-081-35) on approximately 32.9 gross acres.

The applicant is proposing a Conditional Use Permit application for the purpose of establishing a Planned Unit Development (PUD). The purpose of a PUD is to encourage creative and desirable livable communities that incorporate modern site plan techniques and building grouping and arrangements that would not necessarily be permitted with the strict application of the current Zoning and Development Code. The proposed development is consistent with

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the vision of the General Plan to develop a unique and desirable living environment for future residents.

The development consists of a number of amenities including a large walkable trail that ties the community together with amenities, a large recreation room with a community pool, and work out stations throughout the project site, tot-lots, and large open area. All of the amenities promote walkability throughout the project site as envisioned in the General Plan. Also, per the General Plan, the PUD is the instrument to process an Area Plan. An Area Plan provides specific planning and design proposal for a defined geographical area designed within the Regional Mixed Use (R-MU) zone interconnected with walkable and mixed-use areas for residential with a commercial component. The commercial component would be developed at a future date.

As described, this project meets the criteria contained in the design review section of the Fontana City Code. The project has high quality architectural design, appropriate screening from the public right-of- way and will be an appropriate and desirable development. The architectural theme for the condominium units is described as Spanish, American Traditional, and Craftsman. Each style will reflect light earth tone warm-colors (i.e. brown, tan, beige, etc.). There are twelve (12) color schemes provided for the project. Architectural relief utilized for the proposed homes consists of stone veneer, decorative window treatments, varied roof lines, architectural “pop- outs,” banding, porches, balconies, and other features appropriate to each theme. The use of a variety of colors and decorative shutters of a contrasting color will further add architectural diversity to each plan.

Finding No. 2: The uses within the project are compatible

Findings of Fact: The proposal as indicated in Finding No. 1 has been designed to enhance and compliment the community with a multitude of amenities and to also be compatible with the surrounding neighborhood.

It is important to also note, the PUD does not allow a greater density than is permitted per the existing zone which a project is developing.

With this particular project, the applicant has provided a unique living environment with a density lower than the maximum permitted in the Regional Mixed Use (R-MU) Zone for condominiums with the use of detached condominiums. The detached condominium concept, as proposed, is a modern site design new to Fontana. A parking study

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was completed previously for a similar project to assure adequate parking for this type of project.

Additionally, the project has been designed in keeping with City of Fontana’s Crime Prevention Through Environmental Design (CPTED), the development has incorporated enhanced natural surveillance and reduced unwanted ‘dead zones’ within the project by moving certain buildings and parking areas to deter places where potential loitering or other actions could occur. Along with that all the units will have a balcony, deck, or patio on various locations that will ultimately provide natural surveillance to the site. Security cameras and lighting have also been strategically located on the site for added security for residents.

All of the above-listed items will aid in making this a well-designed community that is both compatible throughout and desirable to future residents.

Finding No. 3: New buildings or structures related to the project are compatible with the scale, mass, bulk, and orientation of buildings and structures in the surrounding vicinity.

Findings of Fact: This project meets the criteria contained in the design review section of the Fontana City Code. The bulk and massing of the project are similar to permitted uses in the Medium Density Residential (R-2) zoning district. The project has high quality architectural design as referenced above in Finding No. 1, appropriate screening from the public right-of-way and will be an appropriate and desirable development for the surrounding area. The project as described, will have a high quality architecture and will be a nice addition to the neighborhood.

Finding No. 4: The project is consistent with any adopted design guidelines applicable to the project area.

Findings of Fact: The purpose of a PUD is to encourage creative and desirable livable communities that incorporate modern site plan techniques and building grouping and arrangements that would not necessarily be permitted with the strict application of the current Zoning and Development Code. As described, this project meets the criteria contained in the design review section of the Fontana City Code.

The project has high quality architectural design as referenced in Finding No. 1, appropriate screening from the public right-of-way and will be an appropriate and desirable development.

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The development will also consist of a number of amenities including a large walkable trail that ties the community to the amenities, large recreation room with a community pool, and work out stations throughout the project site, tot-lots, and large open area. All of the amenities promote walkability throughout the project site as envisioned in the Fontana City Code.

Finding No. 5: The overall project reflects a high level of development and design quality that will enhance and benefit the City as a whole.

Findings of Fact: The architectural theme for the condominium units is described as Spanish, American Traditional, and Craftsman. Each style will reflect light earth tone warm-colors (i.e. brown, tan, beige, etc.). There are twelve (12) color schemes provided for the project. Architectural relief utilized for the proposed homes consists of stone veneer, decorative window treatments, varied roof lines, architectural “pop- outs,” banding, porches, balconies, and other features appropriate to each theme. The use of a variety of colors and decorative shutters of a contrasting color will further add architectural diversity to each plan. All units are designed with concrete tile roofing material coordinated to match the color scheme of each elevation.

The purpose of a PUD is to encourage creative and desirable livable communities that incorporate modern site plan techniques and building grouping and arrangements that would not necessarily be permitted with the strict application of the current Development Code. The proposed development is consistent with the vision of the General Plan to develop a unique and desirable living environment for potential residents with the RMU Land Use designation associated with an Area Plan.

Finding No. 6: The proposed project will be served by adequate water, sewer, public utilities and services, and will have adequate vehicular and pedestrian access to insure that it will not be detrimental to the public health, safety, or welfare.

Findings of Fact: The proposed project will be adequately served for water, connected to sewer, and will have all the necessary utilities and services. The entire project was designed to be a walkable community with a large pathway connecting the project and a circular trail planned throughout the project site. The proposed project site will have pedestrian access from Citrus Avenue.

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The site is proposed to be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein. The project will provide residence an opportunity for a unique and modern living environment. The development is also consistent with the vision of the General Plan and therefore shall promote the public health, safety and welfare of the surrounding community.

Finding No. 7: The proposed subdivision is consistent with local ordinances certified by the State Board of Forestry and Fire Protection as meeting or exceeding the state regulations.

Findings of Fact: The proposed project is not located in the area identified in the State Cal-Fire very high fire hazard severity zone, however, this site has been identified in the local City adopted ordinance (Ordinance 2015- 083) as part of the fire hazard overlay district (FHOD). The site will be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein. All requirements of Section. 30-301.30. – (Fire Hazard Overlay District Regulations) shall apply.

Finding No. 8: The proposed project will have fire protection and suppression services available for the subdivision through the City.

Findings of Fact: The site will be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein. The project was reviewed by the Fontana Fire District and Building & Safety and the appropriate conditions have been placed on the project so the project will have fire protection and suppression services. All requirements of Section. 30-301.30. – (Fire Hazard Overlay District Regulations) shall also apply.

Section 4. The City Council of the City of Fontana hereby makes the following findings for Design Review No. 18-028 in accordance with Section 30-111 “Findings for approval” of the Fontana Zoning and Development Code:

Finding No. 1: This proposal meets or exceeds the criteria contained in Section 30-111 and will result in an appropriate and desirable development.

Findings of Fact: The applicant is proposing construct 253 multi-family units including a 2,350 square footage recreation center and amenities located on

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the northeast corner of Duncan Canyon Road and Citrus Avenue (APN 0239-081-35) on approximately 32.9 gross acres.

The project has been designed in keeping with City of Fontana’s Crime Prevention Through Environmental Design (CPTED), the development has incorporated enhanced natural surveillance and reduced unwanted ‘dead zones’ within the project by moving certain buildings and parking areas to deter places where potential loitering or other actions could occur. Along with that all the units will have a balcony, deck, or patio on various locations that will ultimately provide natural surveillance to the site. Security cameras and lighting have also been strategically located on the site for added security for residents.

The architectural theme for the condominium units is described as Spanish, American Traditional, and Craftsman. Each style will reflect light earth tone warm-colors (i.e. brown, tan, beige, etc.). There are twelve (12) color schemes provided for the project. Architectural relief utilized for the proposed homes consists of stone veneer, decorative window treatments, varied roof lines, architectural “pop- outs,” banding, porches, balconies, and other features appropriate to each theme. The use of a variety of colors and decorative shutters of a contrasting color will further add architectural diversity to each plan. All units are designed with concrete tile roofing material coordinated to match the color scheme of each elevation.

Additionally, elevations facing the drive aisles will also have attractive features adding to the street aesthetics. Enhanced elevations are also proposed on units facing Citrus Avenue.

As described this project meets the criteria contained in the design review section of the Fontana City Code. The project has high quality architectural design, appropriate screening from the public right-of- way and will be an appropriate and desirable development.

Finding No. 2: The proposal in its design and appearance is aesthetically and architecturally pleasing while enhancing the character of the surrounding neighborhood.

Findings of Fact: The proposal as indicated in Finding No. 1 has been designed to enhance and compliment the surrounding neighborhood. The architectural theme for the condominium units is described as Spanish, American Traditional, and Craftsman. Each style will reflect light earth tone warm-colors (i.e. brown, tan, beige, etc.). There are twelve (12) color schemes provided for the project. Architectural relief utilized for the proposed homes consists of stone veneer, decorative window treatments, varied roof lines, architectural “pop-

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outs,” banding, porches, balconies, and other features appropriate to each theme. The use of a variety of colors and decorative shutters of a contrasting color will further add architectural diversity to each plan. All units are designed with concrete tile roofing material coordinated to match the color scheme of each elevation.

Additionally, elevations facing the drive aisles will also have attractive features adding to the street aesthetics. Enhanced elevations are also proposed on units facing Citrus Avenue.

Finding No. 3: The site improvements (building, parking, circulation, site and building lighting, and on-site landscaping) are appropriate and will result in a safe, well designed facility.

Findings of Fact: The site improvements have been reviewed by the Fire, Engineering and Police Departments. During the project review process, changes were made to the plans to ensure that the project is a well-designed project. Improvements with the project include street widening, sidewalks, curb and gutter, drainage, and grading. Additionally, the proposed improvements will be sufficient to accommodate the project and will include improvements along the street frontage along Citrus Avenue. When the future commercial portion develops, improvements along Duncan Canyon Road will also be completed.

Street lighting and on-site lighting have been included to provide ample visibility at night. Landscaping has been incorporated to create an attractive atmosphere along adjacent parcels.

Finding No. 4: The proposal is consistent with the General Plan

Findings of Fact: The project will comply with the City of Fontana’s General Plan. The site is compatible with the surrounding residential land uses to be developed in the future. The project is consistent with the General Plan Land Use designation for the project site. The project site has a General Plan Land Use designation of Regional Mixed Use (RMU).

The RMU Land Use designation allows a density of up to 24 dwelling units per acre for multi-family units with a commercial component in a mixed-use project. The project is proposed with a density of 11.7 dwelling units per acre which is below the maximum 24.0 units per acre density allowed in the R-MU for the land use designation per the General Plan. Therefore, the proposed Tentative Tract Map 20224 is consistent with the City’s General Plan. Additionally, new utilities will be install and the street meets the minimum width requirement of a short local street identified within the General Plan.

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Finding No. 5: The proposal promotes the public health, safety, and welfare of the community.

Findings of Fact: The proposed complex will be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein. The project will provide residence an opportunity for a unique and modern living environment. The development is also consistent with the vision of the General Plan and therefore shall promote the public health, safety and welfare of the surrounding community.

NOW, THEREFORE, the City Council RESOLVES as follows:

SECTION 4. In consideration of the evidence received at the public hearing, and for the reasons discussed by the City Council regarding Tentative Parcel Map No. 20010 (TPM No. 19-003), Tentative Tract Map No. 20224 (TTM 18-011), Conditional Use Permit (CUP) No. 18-027, and Design Review No. 18-028, the City Council hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and direct staff to file the Notice of Determination

SECTION 5. Based on the foregoing, the City Council of the City of Fontana hereby approves, Tentative Parcel Map No. 20010 (TPM No. 19-003), Tentative Tract Map No. 20224 (TTM 18-011), Conditional Use Permit (CUP) No. 18-027, and Design Review No. 18-028, subject to the Conditions of Approval, which are attached hereto as Exhibits “A” through “C” to this Resolution and incorporated herein by this reference.

SECTION 6. Resolution Regarding Custodian of Record: The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Community Development Department – Planning Division, 8353 Sierra Avenue, Fontana, CA 92335. This information is provided in compliance with Public Resources Code section 21081.6.

APPROVED AND ADOPTED this 25th, day of June, 2019.

READ AND APPROVED AS TO LEGAL FORM;

City Attorney

I, Tonia Lewis, City Clerk of the City of Fontana and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and

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regularly adopted by the City of Fontana at a regular meeting thereof, held on the 25th day of June, 2019 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana

Mayor of the City of Fontana

ATTEST:

______________________________________

City Clerk

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Page 17 of 43 Exhibit “A”

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CITY OF FONTANA CONDITIONS OF APPROVAL

PROJECT: Master Case No. 18-096 DATE: June 25, 2019 Tentative Parcel Map No. 20010

(TPM No. 19-003)

LOCATION: The project site is located at the northeast corner of Duncan Canyon Road and Citrus Avenue (APN 0239-081-35) on approximately 32.9 gross acres.

PLANNING DIVISION:

1. Tentative Parcel Map (TPM No. 20010) is a request to subdivide an existing parcel (APN 0239-081-35) totaling 32.9 gross acres into one (1) parcel and a remainder parcel. The remainder parcel will total 8.41 gross acres and will be for the future development of a commercial center and Lot one (1) will total approximately 24.48 gross acres as approved by the City Council on June 25, 2019.

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

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

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connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth.

The City of Fontana and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval.

Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance.

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

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

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

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

7. The applicant/developer shall comply with the mitigation measures identified in the Initial Study/Mitigated Negative Declaration Mitigation Monitoring and Reporting Program as approved by the City Council on June 25, 2019.

Prior to Issuance of Building /Construction Permits

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

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Page 19 of 43 BUILDING AND SAFETY DIVISION:

9. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with City Code.

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

11. The Parcel map shall record prior to the issuance of any permits.

Specific Conditions

12. The site is in a fire zone. All requirements of Section. 30-301.30. – (Fire Hazard Overlay District Regulations) shall apply.

ENGINEERING:

13. The project shall be served by the City’s sanitary sewer system, all sewer facilities shall be constructed in accordance with the City Standards. Main trunk sewer line shall be designed and constructed in accordance with master sanitary sewer plan or as approved by the City Engineer.

14. The applicant shall prepare and submit a final hydrology and hydraulic study showing the tributary area, layout of storm drains and downstream impacts in accordance with the San Bernardino County Hydrology manual and the City Master Storm Drainage plan.

15. The applicant shall obtain design and plan approval from all utility providers having jurisdiction over the on-site and off-site utilities. Completion of all

undergrounding of on-site and off-site utilities is required by Section 27-52 of the City Municipal Code and in accordance with plans and specifications approved by the City Engineer.

16. Applicant shall maintain all improvements and utilities within the public right-of- way, including street sweeping, prior to final acceptance by the City. Where applicable, the applicant must provide provisional street sweeping schedules to the City.

17. Applicant shall comply with the current State Subdivision Map Act, all applicable provisions of the Subdivision Section of the current Fontana Municipal Code and City Standards.

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18. Applicant shall design and construct ultimate off-site improvements (street paving, sewer, & storm drain) along the project frontage and remainder parcel on Citrus Avenue, to include the ultimate curb return at Duncan Canyon Road.

PRIOR TO ISSUANCE OF GRADING PERMIT

19. Applicant shall submit and gain approval of a complete Water Quality Management Plan (WQMP) Report in accordance with the County of San Bernardino Technical Guidance Document and latest template.

PRIOR TO MAP RECORDATION

20. Applicant shall provide a Subdivision Improvement Agreement for parcel one (1) with accompanying securities to the satisfaction of the City Engineer.

21. Applicant shall submit a Security to guarantee the proper setting of all survey monuments within the project limits, and replacement of any existing survey monuments damaged or removed during construction.

Survey monuments shall be placed as required by plans and corner records must be recorded with the County.

PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS

22. Applicant shall record any maps, lot line adjustments, right-of-way dedications or easements required for the development.

23. Applicant shall submit an exhibit indicating the location of decorative street lights along the project frontage in accordance with City Standard Plan No. 404 and contract with SCE to design and install them.

PRIOR TO FINAL ACCEPTANCE OF PROJECT

24. Applicant/Design Engineer to provide the City of Fontana with As-Built/Record Drawings for all public improvement plans.

25. Applicant/Landscape Architect shall provide a “Landscape Certificate of Compliance” certifying that the work has been designed, installed, and will be maintained in accordance with the City of Fontana’s Model Water Efficiency Landscape Ordinance (Ordinance 1743, FCC Section 28).

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26. All underground utilities (sewer and storm drain) shall be video inspected by applicant/contractor. Sewer video shall include clean-out connection, clean-out to lateral segment, lateral, and main line. Videos to be inspected and approved by City Inspection. Applicant shall provide a copy of the video on DVD or flash drive to inspection staff. If removal and replacement of any utility is required, a subsequent video of the repair will be required.

27. Applicant/Engineer of Record shall submit a conforming copy of the recorded Memorandum of Agreement for the Water Quality Management Plan and Storm Water BMP Transfer. The Access, Maintenance, and the WQMP Certification for BMP Completion must be submitted to the City Project Engineer.

SAN BERNARDINO COUNTY FIRE DEPARTMENT:

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

29. Fire Access Road Width. All buildings shall have access provided by approved roads, alleys and private drives with a minimum twenty six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height.

30. Turnaround. An approved turnaround shall be provided at the end of each roadway one hundred and fifty (150) feet or more in length. Cul-de-sac length shall not exceed six hundred (600) feet or three hundred fifty (350) feet in the Fire Hazard Overlay District. All roadways shall not exceed a 12 % grade.

31. Fire Lanes. The applicant shall submit on a site plan to the Fire Department for review and approval all proposed signage and striping for all fire access roadways.

All curbs adjacent to fire lanes shall be painted red and “No Parking, Fire Lane”

signs shall be installed on public and private roads in accordance with approved standards. SBCFD Standard 501.

32. Street Signs. Approved temporary or permanent street signs shall be installed throughout the project prior any combustible materials being placed on the construction site.

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33. Water System. Prior to map recordation, all water supply systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using the current Fire Code. Fire hydrants shall be installed so as to be no more than six hundred (600) feet apart (as measured along vehicular travel-ways) from a hydrant to the driveway on the address side of proposed single-family structures.

The fire-flow for this project shall be: 1000 GPM for a 2 hour duration at 20 psi residual operating pressure.

34. Hydrant Marking. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department.

35. Water System Certification. The applicant shall provide the Fire Department with a letter from the serving water company, certifying that the required water improvements have been made or that the existing fire hydrants and water system will meet distance and fire flow requirements. Fire flow water supply shall be in place prior to placing combustible materials on the job-site.

36. Fire Hazard Overlay District. The project is located in the Fontana Fire Hazard Overlay District. All requirements of Fontana Municipal Code ARTICLE IX. - OVERLAY DISTRICTS: Division 11, Sec. Sec. 30-301.30. – Sec. 30-301.32 shall apply to this project.

37. Fire Sprinkler-NFPA #13. An automatic life safety fire sprinkler system complying with NFPA 13 and Fire Department standards is required. A fire sprinkler contractor shall submit three (3) sets of detailed plans with hydraulic calculations and manufacturer specification sheets to the Fire Department for approval. The required fees shall be paid at the time of plan submittal.

38. Residential Addressing. The street address shall be installed on the building with numbers that are a minimum of four (4) inches in height and with a one half (½) inch stroke. The address shall be visible from the street. During the hours of darkness, the numbers shall be internally and electrically illuminated with a low voltage power source. Numbers shall contrast with their background and be legible from the street.

Where the building is fifty (50) feet or more from the roadway, additional contrasting four (4) inch numbers shall be displayed at the property access entrances

39. Combustible Protection. Prior to combustibles being placed on the project site an approved paved roadway providing fire access and fire hydrants providing an acceptable fire flow shall be installed.

MANAGEMENT SERVICES:

40. To eliminate the negative fiscal impact on municipal services associated with this proposal, the project will be required to annex into an existing community facilities district (CFD) or form a new community facilities district (CFD) for the purpose of

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financing the cost of maintenance and operation of the street lighting, landscaping, parks, parkways and the removal of or cover of graffiti. The City will determine which is more appropriate for the project, establishing a new district or annexing into an existing district. The district formation or annexation must be completed prior to the issuance of building permits.

END OF CONDITIONS

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Page 24 of 43 Exhibit “B”

PROJECT: Master Case No. 18-096 DATE: June 25th, 2019 Tentative Tract Map No. 20224

(TTM No. 18-011)

LOCATION: The project site is located on the northeast corner of Duncan Canyon Road and Citrus Avenue (APN 0239-081-35) on approximately 32.9 gross acres.

PLANNING DIVISION:

1. Tentative Tract Map (TTM No. 20224) is a request for condo purposes (APN 0239- 081-35). The site will total approximately 24.48 gross acres and will be for the use of 253 condominiums as approved by the City Council on June 25, 2019.

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

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

The City of Fontana and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval.

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Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance.

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

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

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

6. There shall be no combination wall over three (3) feet retaining wall and six (6) feet freestanding; the maximum height of any combination shall not exceed nine (9) feet.

7. Solid masonry walls of a minimum of six feet in height measured from finished grade shall have a decorative cap and shall be required at all interior, rear and side property lines.

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

9. The applicant/developer shall comply with the mitigation measures identified in the Initial Study/Mitigated Negative Declaration Mitigation Monitoring and Reporting Program as approved by the City Council on June 25, 2019.

Prior to Issuance of Building /Construction Permits

10. All conditions of approval contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions shall be placed on a sheet all

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the final building and grading plans prior to issuance of any building or grading permits.

BUILDING AND SAFETY DIVISION:

11. Shall comply with the latest adopted edition of the following codes as applicable:

A. California Building Code B. California Residential Code C. California Electrical Code D. California Mechanical Code E. California Plumbing Code F. California Energy Code G. California Fire Code

H. California Green Building Standards Code

12. Automatic fire suppression systems shall be installed in all new construction per Article II, Chapter 11 of the Code of the City of Fontana. Design and type of system shall be based upon the requirements of the Building Code, Fire Code and the requirements of the Fontana Fire Prevention District.

13. The requirements of the Department of Environmental Health Services and the South Coast Air Quality Management District shall be satisfied prior to the issuance of any permit if hazardous materials are stored and/or used.

14. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with City Code.

15. All perimeter/boundary walls shall be designed and constructed so that the outer/exterior face of the wall is as close as possible to the lot line. In any case, the outer/exterior face of the wall shall be within two (2) inches of the lot line.

Distances greater than two (2) inches may be approved prior to construction by the Building Official on a case by case basis for extenuating circumstances.

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

17. The Tract or Parcel map shall record prior to the issuance of any permits.

18. Grading Requirements:

A. Grading plans shall be submitted to, and approved by Building & Safety.

The grading plans shall indicate all site improvements, and shall indicate complete drainage paths of all drainage water run-offs.

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

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

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

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

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

G. A complete hydrology study using the latest edition of the San Bernardino County Flood Control Hydrology Manual, and complete hydraulic calculations justifying the size, slope, capacity, etc. of any and all drainage structures being utilized, shall be submitted to, and approved by Building & Safety.

The on-site drainage system shall, as a minimum, be designed to handle the run-off generated by a ten (10) year storm. Check for flooding of all on-site structures (buildings) and all adjacent properties during a hundred (100) year storm.

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

1. The relationship between the proposed finished on-site grade elevations and the existing adjacent property grade elevations (Indicate any additional drainage water that may come from an adjacent property.); and

2. The ground cover/finished surface material being proposed (e.g., type of pavement, plant material, etc.); and

3. All proposed drainage structures; and

4. Any proposed and/or required walls or fencing.

19. All signs shall be Underwriters Laboratories approved (or equal).

20. Permits are required prior to the removal and/or demolition of structures.

21. All exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.

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PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS

22. The following items shall be completed and/or submitted to Building & Safety – as applicable – prior to the issuance of building permits for this project:

A. Precise grading plans shall be approved B. Rough grading completed

C. Compaction certification D. Pad elevation certification

E. Rough grade inspection signed off by a City Building Inspector

23. Provide circulation path ways throughout the community.

24. Provide trash enclosure areas unless individual trash cans are being used.

25. The site is in a fire zone. All requirements of Section. 30-301.30. – (Fire Hazard Overlay District Regulations) shall apply.

26. All requirements of the Fontana Fire Hazard Overlay District shall apply.

ENGINEERING:

27. The project shall be served by the City’s sanitary sewer system, all sewer facilities shall be constructed in accordance with the City Standards. Main trunk sewer line shall be designed and constructed in accordance with master sanitary sewer plan or as approved by the City Engineer.

28. The applicant shall prepare and submit a final hydrology and hydraulic study showing the tributary area, layout of storm drains and downstream impacts in accordance with the San Bernardino County Hydrology manual and the City Master Storm Drainage plan.

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

30. Applicant shall maintain all improvements and utilities within the public right-of-way, including street sweeping, prior to final acceptance by the City. Where applicable, the applicant must provide provisional street sweeping schedules to the City.

31. Applicant shall comply with the current State Subdivision Map Act, all applicable provisions of the Subdivision Section of the current Fontana Municipal Code and City Standards.

32. Applicant shall design and construct ultimate off-site improvements (street paving,

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sewer, & storm drain) along the project frontage and remainder parcel on Citrus Avenue, to include the ultimate curb return at Duncan Canyon Road.

PRIOR TO ISSUANCE OF GRADING PERMIT

33. Applicant shall submit and gain approval of a complete WQMP Report in accordance with the County of San Bernardino Technical Guidance Document and latest template.

PRIOR TO MAP RECORDATION

34. Applicant shall provide a Subdivision Improvement Agreement for parcel one (1) with accompanying securities.

35. Applicant shall submit a Security to guarantee the proper setting of all survey monuments within the project limits, and replacement of any existing survey monuments damaged or removed during construction.

36. Survey monuments shall be placed as required by plans and corner records must be recorded with the County.

PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS

37. Applicant shall record any maps, lot line adjustments, right-of-way dedications or easements required for the development.

38. Applicant shall submit an exhibit indicating the location of decorative street lights along the project frontage in accordance with City Standard Plan No. 404 and contract with SCE to design and install them.

PRIOR TO FINAL ACCEPTANCE OF PROJECT

39. Applicant/Design Engineer to provide the City of Fontana with As-Built/Record Drawings for all public improvement plans.

40. Applicant/Landscape Architect shall provide a “Landscape Certificate of Compliance” certifying that the work has been designed, installed, and will be maintained in accordance with the City of Fontana’s Model Water Efficiency Landscape Ordinance (Ordinance 1743, FCC Section 28).

41. All underground utilities (sewer and storm drain) shall be video inspected by applicant/contractor. Sewer video shall include clean-out connection, clean-out to lateral segment, lateral, and main line. Videos to be inspected and approved by City Inspection. Applicant shall provide a copy of the video on DVD or flash drive to inspection staff. If removal and replacement of any utility is required, a subsequent video of the repair will be required.

42. Applicant/Engineer of Record shall submit a conforming copy of the recorded

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Memorandum of Agreement for the Water Quality Management Plan and Storm Water BMP Transfer. The Access, Maintenance, and the WQMP Certification for BMP Completion must be submitted to the City Project Engineer.

SAN BERNARDINO COUNTY FIRE DEPARTMENT:

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

44. Fire Access Road Width. All buildings shall have access provided by approved roads, alleys and private drives with a minimum twenty six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. California Fire Code sec 503, SBCFD Standard 503.1

45. Turnaround. An approved turnaround shall be provided at the end of each roadway one hundred and fifty (150) feet or more in length. All roadways shall not exceed a 12 % grade. California Fire Code sec 503, SBCFD Standard 503.1

46. Street Signs. Approved temporary or permanent street signs shall be installed throughout the project prior any combustible materials being placed on the construction site. California Fire Code sec. 505, SBCFD Standard 505.1

47. Water System. Prior to map recordation, all water supply systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using the current Fire Code. Fire hydrants shall be installed so as to be no more than six hundred (600) feet apart (as measured along vehicular travel-ways) from a hydrant to the driveway on the address side of proposed single family structures. California Fire Code sec 508, SBCFD Standard 508.1

The fire-flow for this project shall be: 1000 GPM for a 2 hour duration at 20 psi residual operating pressure.

48. Hydrant Marking. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. SBCFD Standard 508.5.2.

MANAGEMENT SERVICES:

49. To eliminate the negative fiscal impact on municipal services associated with this proposal, the project will be required to annex into an existing community facilities district (CFD) or form a new community facilities district (CFD) for the purpose of financing the cost of maintenance and operation of the street lighting, landscaping,

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parks, parkways and the removal of or cover of graffiti. The City will determine which is more appropriate for the project, establishing a new district or annexing into an existing district. The district formation or annexation must be completed prior to the issuance of building permits.

END OF CONDITIONS

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