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HomeMy WebLinkAboutReso 23-13Conditions of Approval Community Development Department Project #: DRC2022-00156 Project Name: Patriot Partners 13045 Whittram Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions Approval to construct one (1) warehouse/distribution building totaling 86,392 square feet within the Neo-Industrial (NI) District, located on the south of Whittram Avenue between Etiwanda Avenue and Hickory Avenue at 13045 Whittram Avenue; APNs: 0229-162-05, -04, -11, -12, and -13. This item is exempt from the requirements of the California Environmental Quality Act (CEAQ) under CEQA Section 15332—In-Fill Development Projects. (Design Review DRC2022-00156). 1. All proposed walls shall be of decorative material. Allowed decorative material: split-face, slump-stone, or smooth stucco. 2. Prior to building permits, developer shall submit a tentative parcel map with the Engineering Department. 3. Maximum fence height allowed is 8 feet.4. This project is subject to the City's Public Art requirements, as outlined in RCMC 17.1245. CFD 2022-01 Conditions of Approval: These parcels are required to be annexed into Community Facilities District 2022-01 (Street Lighting Services) to finance the maintenance and services of streetlights, traffic lights, and appurtenant facilities. This condition needs to be completed before the Final Map approval or issuance of Building Permits whichever occurs first. Any annexation cost shall be borne by the developer. To start the annexation process, please contact Kelly Guerra at 909-774-2582. 6. CFD 2022-02 Conditions of Approval: These parcels are required to be annexed into Community Facilities District 2022-02 (Industrial Area Services) to finance the maintenance and services of trees, storm drain, streets and roadways, and police safety calls. This condition needs to be completed before the Final Map approval or issuance of Building Permits whichever occurs first. Any annexation cost shall be borne by the developer. To start the annexation process, please contact Kelly Guerra at 909-774-2582. 7. Shall install landscape lighting along its street frontage to enhance the site’s nighttime aesthetics and for public safety purposes. 8. Downspouts shall not be visible from the exterior on any elevation of the building as they will be routed through the interior of the building. 9. www.CityofRC.us Printed: 5/31/2023 Exhibit D Project #: DRC2022-00156 Project Name: Patriot Partners 13045 Whittram Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions The project shall conform to all requirements for Alternative Energy Systems and Facilities pursuant to Chapter 17.76 of the Development Code. In the event that the project site (s) is/are served as conditioned to be served by the Rancho Cucamonga Municipal Utility (RCMU), additional requirements and fees may apply. Please contact Rancho Cucamonga Municipal Utility (RCMU) staff at 909-477-2740 to discuss requirements and applicable fees. 10. Pursuant to City Council Ordinance 991, the project requires the payment of an Affordable Housing Development Impact Fee prior to the issuance of building permits at the rate established in the City ’s fee schedule in effect as of the date this entitlement was approved. 11. Standard Conditions of Approval The applicant shall sign the Statement of Agreement and Acceptance of Conditions of Approval provided by the Planning Department. The signed Statement of Agreement and Acceptance of Conditions of Approval shall be returned to the Planning Department prior to the submittal of grading/construction plans for plan check, request for a business license, and /or commencement of the approved activity. 12. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. In the event such a legal action is filed, the City shall estimate its expenses for litigation. The applicant shall deposit such amount with the City or enter into an agreement with the City to pay such expenses as they become due. 13. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and /or Master Plans in effect at the time of Building Permit issuance. 14. The site shall be developed and maintained in accordance with the approved plans which include Site Plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, the Development Code regulations. 15. www.CityofRC.us Page 2 of 20Printed: 5/31/2023 Project #: DRC2022-00156 Project Name: Patriot Partners 13045 Whittram Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval The applicant shall indemnify, protect, defend, and hold harmless, the City, and /or any of its officials, officers, employees, agents, departments, agencies, those City agents serving as independent contractors in the role of City officials and instrumentalities thereof (collectively “Indemnitees”), from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature ), and alternative dispute resolutions procedures (including, but not limited to, arbitrations, mediations, and other such procedures ) (collectively “Actions”), brought against the City, and /or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and /or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City ), for or concerning the project, whether such actions are brought under the California Environmental Quality Act (CEQA), State Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a competent jurisdiction. This indemnification provision expressly includes losses, judgments, costs, and expenses (including, without limitation, attorneys’ fees or court costs) in any manner arising out of or incident to this approval, the Planning Director ’s actions, the Planning Commission ’s actions, and/or the City Council’s actions, related entitlements, or the City ’s environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City ’s defense, and that the applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. In the event such a legal action is filed challenging the City ’s determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due. 16. All roof appurtenances, including air conditioners and other roof mounted equipment and /or projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof -mounted mechanical equipment and /or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof -mounted mechanical equipment and /or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. 17. www.CityofRC.us Page 3 of 20Printed: 5/31/2023 Project #: DRC2022-00156 Project Name: Patriot Partners 13045 Whittram Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption fee in the amount of $50.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing or within 5 days of the date of project approval. 18. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 2 years from the date of approval or a time extension has been granted. 19. This project is subject to public art requirement outlined in Chapter 17.124 of the Development Code . Prior to the issuance of building permits (for grading or construction ), the applicant shall inform the Planning Department of their choice to install public art, donate art or select the in -lieu option as outlined in 17.124.020.D. If the project developer chooses to pay the in -lieu fee, the in-lieu art fee will be invoiced on the building permit by the City and shall be paid by the applicant prior to building permit issuance. If the project developer chooses to install art, they shall submit, during the plan check process, an application for the art work that will be installed on the project site that contains information applicable to the art work in addition to any other information as may be required by the City to adequately evaluate the proposed the art work in accordance with the requirements of Chapter 17.124. If the project developer chooses to donate art, applications for art work donated to the City shall be subject to review by the Public Art Committee which shall make a recommendation whether the proposed donation is consistent with Chapter 17.124 and final acceptance by the City Council. No final approval, such as a final inspection or the a issuance of a Certificate of Occupancy, for any development project (or if a multi-phased project, the final phase of a development project) that is subject to this requirement shall occur unless the public art requirement has been fulfilled to the satisfaction of the Planning Department. 20. All Double Detector Checks (DDC) and Fire Department Connections (FDC) required and/or proposed shall be installed at locations that are not within direct view or line -of-sight of the main entrance. The specific locations of each DDC and FDC shall require the review and approval of the Planning Department and Fire Construction Services /Fire Department. All Double Detector Checks (DDC) and Fire Department Connections (FDC) shall be screened behind a 4-foot high block wall. These walls shall be constructed of similar material used on-site to match the building. 21. Downspouts shall not be visible from the exterior of any elevations of the buildings. All downspouts shall be routed through the interior of the building walls. 22. All ground-mounted utility appurtenances such as transformers, AC condensers, etc ., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single -family residential developments, transformers shall be placed in underground vaults. 23. www.CityofRC.us Page 4 of 20Printed: 5/31/2023 Project #: DRC2022-00156 Project Name: Patriot Partners 13045 Whittram Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Director and Police Department (909-477-2800 ) prior to the issuance of Building Permits . Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 24. Any modification or intensification of the approved use, including revisions in the operations of the business including changes to the operating days /hours; change in the location on -site or within the building of the use /activity that is approved by this Conditional Use Permit; improvements including new building construction; and /or other modifications /intensification beyond what is specifically approved by this Conditional Use Permit, shall require the review and approval by the Planning Director prior to submittal of documents for plan check /occupancy, construction, commencement of the activity, and /or issuance of a business license. The Planning Director may determine that modifications or intensifications of use require the submittal of an application to modify this Conditional Use Permit for review by the City. 25. Engineering Services Department Please be advised of the following Special Conditions The street lights shall be owned by the City. Developer shall be responsible to coordinate and pay all costs of street lights and to provide power to City owned street lights. 1. "Per Resolution No. 87-96: All developments, except those contained in section 7 and others specifically waived by the Planning Commission, shall be responsible for undergrounding all existing overhead utility lines including the removal the related supporting poles adjacent to and within the limits of a development as follows: 1. Lines on the project side of the street. a. Said lines shall be undergrounded at the developers expense. b. In those circumstances where the Planning Commission decides that undergrounding is impractical at present for such reasons as short length of undergrounding (less than 300 feet and not undergrounded adjacent ), a heavy concentration of services to other users, disruption to existing improvements, etc., the Developer shall pay an in-lieu fee for the full amount per Section 6. c. The developer shall be eligible for reimbursement of one -half the cost of undergrounding from future developments as they occur on opposite sides of the street. 2. Lines on the opposite of the street from the project: The Developer shall pay a fee to the City for one-half the amount per Section 6. 3. Lines on both sides of the street: The Developer shall comply with Section 1 above and be eligible for reimbursement or pay additional fees so that he bears a total expense equivalent to one -half the total cost of undergrounding the lines on both sides of the street." 2. www.CityofRC.us Page 5 of 20Printed: 5/31/2023 Project #: DRC2022-00156 Project Name: Patriot Partners 13045 Whittram Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions Dev. Impact Fees Req'd The following Development Impact fees shall be paid prior to Building permit issuance: Drainage: (per net acre) Transportation: Police: **Note: Development Impact Fees placed are subject to change annually** 3. Standard Conditions of Approval Dedication shall be made of the following rights -of-way on the perimeter streets (measured from street centerline): 44 total feet on Whittram from centerline to right-of-way 4. A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of Building Permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 5. The separate parcels contained within the project boundaries shall be legally combined into one parcel prior to issuance of Building Permits. 6. ** CD Information Required Prior to Sign-Off for Building Permit Prior to the issuance of building permits, if valuation is greater or equal to $100,000, a Diversion Deposit and a related administrative fee shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 65% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Applicant must identify if they are self -hauling or utilizing Burrtec prior to issuance of a building permit. Proof of diversion must be submitted to the Environmental Engineering Division within 60 days following the completion of the construction and / or demolition project. Contact Marissa Ostos, Environmental Engineering, at (909) 774-4062 for more information. Instructions and forms are available at the City's website, www .cityofrc.us, under City Hall / Engineering / Environmental Programs / Construction & Demolition Diversion Program. 7. Prior to approval of the final map, a deposit shall be posted with the City covering the estimated cost of apportioning the assessments under Assessment District among the newly created parcels. 8. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to Building Permit issuance if no map is involved. 9. www.CityofRC.us Page 6 of 20Printed: 5/31/2023 Project #: DRC2022-00156 Project Name: Patriot Partners 13045 Whittram Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval Add the following note to any private landscape plans that show street trees: “All improvements within the public right-of-way, including street trees, shall be installed per the public improvement plans .” If there is a discrepancy between the public and private plans, the street improvement plans will govern. 10. Construct the following perimeter street improvements including, but not limited to: Curb & Gutter A.C. Pvmt Side-walk Drive Appr. Street Lights Street Trees Other 11. Pursuant to Municipal Code Section 16.37.010, no person shall make connections from a source of energy, fuel or power to any building or structure which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval, as determined by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings, structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. 12. www.CityofRC.us Page 7 of 20Printed: 5/31/2023 Project #: DRC2022-00156 Project Name: Patriot Partners 13045 Whittram Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and /or private street improvements, prior to final map approval or the issuance of Building Permits, whichever occurs first. b. Prior to any work being performed in public right -of-way, fees shall be paid and a construction permit shall be obtained from the Engineering Services Department in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. Notes: 1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch pvc with pull rope or as specified. e. Access ramps for the disabled shall be installed on all corners of intersections per latest ADA standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single-family residential lots. h. Street names shall be approved by the Planning Manager prior to submittal for first plan check. 13. www.CityofRC.us Page 8 of 20Printed: 5/31/2023 Project #: DRC2022-00156 Project Name: Patriot Partners 13045 Whittram Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: “Street trees shall be installed per the notes and legend on Sheet ___ (typically Sheet 1).” Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. Street Name Botanical Name Common Name Min. Grow Space Spacing Size Qty. Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Services Department. Street trees are to be planted per public improvement plans only. 14. Street improvement plans per City Standards for all private streets shall be provided for review and approval by the City Engineer. Prior to any work being performed on the private streets, fees shall be paid and construction permits shall be obtained from the Engineering Services Department in addition to any other permits required. 15. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans and /or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 16. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. 17. A signed consent and waiver form to join and /or form the appropriate Landscape and Lighting Districts shall be filed with the Engineering Services Department prior to final map approval or issuance of Building Permits whichever occurs first. Formation costs shall be borne by the developer. 18. To be determined by RCMU: The Rancho Cucamonga Municipal Utility (RCMU) shall be the electrical service provider for all project related development. 19. The developer shall be responsible for the relocation of existing utilities as necessary.20. www.CityofRC.us Page 9 of 20Printed: 5/31/2023 Project #: DRC2022-00156 Project Name: Patriot Partners 13045 Whittram Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Fire Prevention / New Construction Unit Standard Conditions of Approval The parcel is required to be annexed into Community Facilities District 85-1 (CFD 85-1). Please contact Kelly Guerra with the City of Rancho Cucamonga ’s Special Districts Division at (909) 774-2582 or Kelly.Guerra@CityofRC.US to complete the annexation. The annexation requirement will not be considered complete until the applicant begins the annexation process and Special Districts notifies the Fire Marshal that the process has been started. 1. Plans for the alarm and /or supervision (monitoring) system are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 2. Plans for high piled combustible storage are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 3. Plans for the private, onsite fire underground water infrastructure are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 4. Plans for the public, offsite fire underground water infrastructure are required to be submitted separately and issued a separate permit. Plans are required to be submitted prior to or concurrently with the submittal of the Water District mylars. Submit all plans to the Building & Safety Department for routing to the Fire District. 5. Plans for the automatic fire sprinkler system are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 6. Exterior doors and doors providing access to fire protection and life safety systems and equipment are required to have identification signage in accordance with Fire District Standard 5-5. The Standard has been uploaded to the Documents section. 7. Emergency responder radio coverage is required for the building (s) included in this project. San Bernardino County Information Services Department (ISD) conducts radio signal strength assessments for the entire county. It is highly recommended that a radio signal strength assessment is completed for this project. Where emergency responder radio coverage is determined to meet the requirements of the California Fire Code, an emergency responder radio system and /or associated equipment will not be required. Please contact Tim Trager with County ISD at 909-388-5563 or ttrager@isd.sbcounty.gov to schedule an assessment and/or obtain any available information about the project site. Where the existing emergency responder radio coverage is found to be below acceptable standards, an emergency responder radio system and associated equipment will be required to be provided in compliance and accordance with the California Fire Code. 8. www.CityofRC.us Page 10 of 20Printed: 5/31/2023 Project #: DRC2022-00156 Project Name: Patriot Partners 13045 Whittram Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Fire Prevention / New Construction Unit Standard Conditions of Approval Fire extinguishers are required in accordance with Section 906 of the California Fire Code. Consult with the Fire Inspector for the correct type, size, and exact installation locations. The Fire District has an option to provide fire extinguishers on forklifts in place of extinguishers throughout the storage area. If this option is desired, please coordinate with the Fire Inspector assigned to the project. 9. Fire flow information for this project is obtained from the Cucamonga Valley Water District (CVWD). CVWD can be reached at 909-944-6000 or custserv@cvwdwater.com. 10. Fire flow is required to be in accordance with Appendix B of the California Fire Code. The Fire District has adopted the appendix without local amendments except that the minimum fire flow for commercial buildings shall not be less than 1500 gpm. Proof of the availability of the required fire flow must be provided to the Fire District in the form of a letter or written report dated within the past 12 months. The required fire flow for this project is 1,600 gpm. 11. Fire sprinklers are required to be installed in accordance with Fire District Standard 9-5. The Standard has been uploaded to the Documents section. 12. Gates installed across a commercial /industrial emergency vehicle access road (fire lane) are required to be in accordance with Standard 5-4. The Standard has been uploaded to the Documents section. 13. High-piled combustible storage is required to be in accordance with Chapter 32 of the Fire Code and Fire District Standard 32-1. Please read and understand this Standard in its entirety to avoid delays in scheduling inspections and obtaining approvals. The Standard has been uploaded to the Documents section. 14. A Knox Box key box is required in accordance with Fire District Standard 5-9. Additional boxes may be required depending on the size of the building, the location of fire protection and life safety system controls, and the operational needs of the Fire District. The Standard has been uploaded to the Documents section. If an installed Knox Box is available to this project or business, keys for the building/suite/unit are required to be provided to the Fire Inspector at the final inspection. 15. A Knox key switch is required to be installed on motorized gates that are installed across or provide access to a fire access road (fire Lane). See Fire District Standard 5-3 for Residential Gates and Fire District Standard 5-4 for Commercial and Industrial Gates. 16. Coordinate landscaping with the roof access ladder points and address signage. Landscaping cannot obstruct roof access or clear visibility of address signage from time of installation to maturity of the shrubs and trees. 17. Roof access is required to be in accordance with Fire District Standard 5-6. The Standard has been uploaded to the Documents section. 18. Street address and unit /suite signage for commercial and industrial buildings are required to be in accordance with Fire District Standard 5-8. The Standard has been uploaded to the Documents section. 19. www.CityofRC.us Page 11 of 20Printed: 5/31/2023 Project #: DRC2022-00156 Project Name: Patriot Partners 13045 Whittram Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Fire Prevention / New Construction Unit Standard Conditions of Approval Fire apparatus access roads and emergency vehicle access is required to be identified with signs and/or other approved makings in accordance with Fire District Standard 5-1. A copy of the Standard has been uploaded to the Documents section. A single sign at each entry point as allowed by Fire District Standard 5-1 is acceptable. 20. Identification of fire protection systems and components, fire alarm systems and components, and equipment and devices associated with fire and life safety systems is required to be in accordance with Fire District Standards 5-5 and 5-10. The Standards have been uploaded to the Documents section. 21. Building and Safety Services Department Please be advised of the following Special Conditions When the Entitlement Review is approved submit complete construction drawings including structural calculations to Building and Safety for plan review in accordance with the current edition of the California Building and Fire Codes including all local ordinances and standards. The new structure is required to be equipped with automatic fire sprinklers. Disabled access improvements to the site and building must be provided in accordance to the State of California published thresholds at the time of plan check submittal. If there is any plumbing work on your plans please contact CVWD ASAP (Local water district ), their turnaround timeline is 4-6 weeks to grant a plumbing first release. A “Plumbing First Release” is required before B&S issues a demolition or TI permit when there is plumbing involved. 1. Grading Section Standard Conditions of Approval Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout “Information for Grading Plans and Permit”. 1. Grading of the subject property shall be in accordance with current adopted California Building Code and/or the California Residential Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan (s) shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. 2. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall implement design recommendations per said report. 3. The final Grading and Drainage Plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 4. www.CityofRC.us Page 12 of 20Printed: 5/31/2023 Project #: DRC2022-00156 Project Name: Patriot Partners 13045 Whittram Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval A separate Grading and Drainage Plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer prior to the issuance of a grading or building permit. 5. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a grading permit. All dust control sign (s) shall be located outside of the public right of way. 6. If a Rough Grading and Drainage Plan /Permit are submitted to the Building and Safety Official for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading and Drainage Plan/Permit. 7. Prior to the issuance of a grading permit the applicant shall obtain written permission from the adjacent property owner(s) to construct wall(s) on property line(s) or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 8. Prior to issuance of a grading permit the Final Grading and Drainage Plan shall show the accessibility path from the public right of way and the accessibility parking stalls to the building doors in conformance with the current adopted California Building Code. All accessibility ramps shall show sufficient detail including gradients, elevations, and dimensions and comply with the current adopted California Building Code. 9. The Grading and Drainage Plan shall implement City Standards for on -site construction where possible, and shall provide details for all work not covered by City Standard Drawings. 10. Prior to issuance of a grading permit the grading plan shall show that all manufactured slopes shall be a minimum 2-foot offset from the public right of way, permitted line, or the adjacent private property. All slope offsets shall meet the requirements of the current adopted California Building Code. 11. Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking stall gradient at 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 12. The applicant shall provide a grading agreement and grading bond for all cut and fill combined exceeding 5,000 cubic yards prior to issuance of a grading permit. The grading agreement and bond shall be approved by the Building and Safety Official. 13. The final grading and drainage plan shall show existing topography a minimum of 100-feet beyond project boundary. 14. This project shall comply with the accessibility requirements of the current adopted California Building Code. 15. www.CityofRC.us Page 13 of 20Printed: 5/31/2023 Project #: DRC2022-00156 Project Name: Patriot Partners 13045 Whittram Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Grading Inspections: a) Prior to the start of grading operations the owner and grading contractor shall request a pre -grading meeting. The meeting shall be attended by the project owner /representative, the grading contractor and the Building Inspector to discuss about grading requirements and preventive measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b) The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: i)The bottom of the over-excavation; ii)Completion of Rough Grading, prior to issuance of the building permit; iii)At the completion of Rough Grading, the grading contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter) an original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record; iv) The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a building permit. 16. Prior to issuance of a grading or building permit, the permitted grading plan (or architectural site plan ) set shall show in each of the typical sections and the plan view show how the separations between the building exterior and exterior ground surface meet the requirements of Sections CBC 1804.3/CRC R401.3, CBC2304.11.2.2/CRC R317.1(2) and CBC2512.1.2/CRC R703.6.2.1 of the current adopted California Building Code/Residential Code. 17. Prior to issuance of a grading permit, the applicant shall obtain a signed and notarized letter from the adjacent property owner(s) for ALL work proposed on the adjacent property. The letter shall be scanned and pasted onto the permitted grading plan set. The letter shall show on either the title sheet or a detail sheet of the grading and drainage plan set. 18. Prior to approval of the project -specific storm water quality management plan, the applicant shall submit to the Building Official, or his designee, a precise grading plan showing the location and elevations of existing topographical features, and showing the location and proposed elevations of proposed structures and drainage of the site. 19. A drainage study showing a 100-year, AMC 3 design storm event for on -site drainage shall be prepared and submitted to the Building and Safety Official for review and approval for on -site storm water drainage prior to issuance of a grading permit. The report shall contain water surface profile gradient calculations for all storm drain pipes 12-inches and larger in diameter. All reports shall be wet signed and sealed by the Engineer of Record. In addition, the project specific drainage study shall provide inlet calculations showing the proper sizing of the water quality management plan storm water flows into the proposed structural storm water treatment devices. 20. It shall be the responsibility of the applicant to acquire any required off -site drainage easements prior to the issuance of a grading permit. 21. www.CityofRC.us Page 14 of 20Printed: 5/31/2023 Project #: DRC2022-00156 Project Name: Patriot Partners 13045 Whittram Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval It shall be the responsibility of the applicant to acquire any required off -site drainage acceptance easements(s) from adjacent downstream property owner (s) or discharge flows in a natural condition (concentrated flows are not accepted) and shall provide the Building and Safety Official a drainage study showing the proposed flows do not exceed the existing flows prior to the issuance of a grading or building permit. 22. Roof water is not permitted to flow over the public parkway and shall be directed to an under parkway culvert per City of Rancho Cucamonga requirements prior to issuance of a grading permit. 23. Prior to issuance of a grading permit the applicant shall demonstrate that the storm water run -off will not adversely affect the downstream properties and that the water may legally discharge to the downstream properties. The engineer of record shall show on the final permitted grading and drainage plan one (1) or more of the following items are met: a) There is sufficient downstream capacity to accept the proposed storm water flows and that the downstream property owner have provided permission to accept the upstream storm water flows; b) a legal document /entity exists allowing developed storm water flows to be discharged to the property lower in elevation; c) a storm drain system to safely convey the storm water flows to a public storm drain system without causing flooding to adjacent property(ies). 24. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan. 25. Prior to the issuance of the Certificate of Occupancy or final sign off by the Building Inspector the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) storm water treatment devices and best management practices (BMP). 26. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 27. The Preliminary Water Quality Management Plan (PWQMP) has been deemed “Acceptable”. Prior to the issuance of a grading permit a final project -specific Water Quality Management Plan shall be submitted for review and approval by the Building Official. 28. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga ’s “Memorandum of Agreement of Storm Water Quality Management Plan” shall be submitted for review and approval by the Building Official and recorded with the County Recorder’s Office. 29. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). The WDID number shall also be shown on the WQMP Site and Drainage Plan document. 30. The land/property owner shall follow the inspection and maintenance requirements of the approved project specific Water Quality Management Plan and shall provide a copy of the inspection reports on a biennial basis to the City of Rancho Cucamonga Environmental Program Manager. 31. A final project-specific Storm Water Quality Management Plan (WQMP) shall be approved by the Building and Safety Director, or his designee, and the City of Rancho Cucamonga ’s “Memorandum of Storm Water Quality Management Plan” shall be recorded prior to the issuance of a grading permit or any building permit. 32. www.CityofRC.us Page 15 of 20Printed: 5/31/2023 Project #: DRC2022-00156 Project Name: Patriot Partners 13045 Whittram Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval The Site and Drainage Plan in the final project -specific Water Quality Management Plan shall show the locations of all roof downspout drains. if required for storm water quality purposes, the downspouts shall include filters. 33. Prior to the issuance of a building permit or Engineering Services Department issued right of way permit, the applicant shall submit to the Building Official, or his designee, a final project specific water quality management plan for review and approval, and shall have said document recorded with the San Bernardino County Recorder's Office. 34. Prior to the start of landscaping operations, the landscape architect and the landscape contractor shall provide a sample of the weed fabric barrier to the Project Planner, City of Rancho Cucamonga Planning Department. The weed barrier shall be permeable. 35. The final project-specific water quality management plan (WQMP) shall include executed maintenance agreements along with the maintenance guidelines for all proprietary structural storm water treatment devices (BMP’s). In the event the applicant cannot get the proprietary device maintenance agreements executed prior to issuance of a grading permit, the applicant is required to submit a letter to be included within the WQMP document, and scanned and pasted onto the Site and Drainage Plan which states that prior to issuance of a certificate of occupancy with applicant shall enter into a contract for the maintenance of the proprietary storm water treatment device. If the proprietary storm water treatment device is part of a residential subdivision, prior to the sale of the residential lot, the developer shall include maintenance agreement (s) as part of the sale of the residential lot to the buyer. A copy of the maintenance agreements to be included in the sale of the property shall be included within the WQMP document. 36. Prior to issuance of a grading permit and approval of the project specific water quality management plan all private storm water catch basin inlets shall include insert filters to capture those pollutants of concern as addressed in the in the final project -specific water quality management plan (WQMP). At a minimum catch basin insert filters to capture trash and other floating debris. All catch basin insert filters shall be maintained on a regular basis as described in the “Inspection and Maintenance Responsibility for Post Construction BMP” section of the final project-specific water quality management plan. 37. Prior to issuance of a grading permit the Final Project -Specific Water Quality Management Plan shall include a completed copy of “Worksheet H: Factor of Safety and Design Infiltration Worksheet” located in Appendix D “Section VII – Infiltration Rate Evaluation Protocol and Factor of Safety Recommendations, …” of the San Bernardino County Technical Guidance Document for Water Quality Management Plans. The infiltration study shall include the Soil Engineer ’s recommendations for Appendix D, Table VII.3: Suitability Assessment Related Considerations for Infiltration Facility Safety Factors”. 38. Prior to approval of the final project -specific water quality management plan the applicant shall have a soils engineer prepare a project -specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted “San Bernardino County Technical Guidance Document for Water Quality Management Plans”. 39. www.CityofRC.us Page 16 of 20Printed: 5/31/2023 Project #: DRC2022-00156 Project Name: Patriot Partners 13045 Whittram Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval The final project -specific Water Quality Management Plan (WQMP) shall be prepared as a Phased WQMP and shall include all phases of the project. Construction of the storm water treatment structural devices may be constructed as construction progresses. 40. The subject project, shall accept all existing off -site storm water drainage flows and safely convey those flows through or around the project site. If existing off -site storm water drainage flows mix with any on-site storm water drainage flows, then the off -site storm water drainage flows shall be treated with the on-site storm water drainage flows for storm water quality purposes, prior to discharging the storm water drainage flows from the project site. 41. Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As-Built Certificate with the Environmental Programs Coordinator, City of Rancho Cucamonga Engineering Services Department. 42. As the use of drywells are proposed for the structural storm water treatment device, to meet the infiltration requirements of the current Municipal Separate Storm Sewers Systems (MS4) Permit, adequate source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre -treatment BMPs such as sedimentation or filtration shall be evaluated prior to infiltration and discussed in the final project -specific Water Quality Management Plan document. 43. www.CityofRC.us Page 17 of 20Printed: 5/31/2023 Project #: DRC2022-00156 Project Name: Patriot Partners 13045 Whittram Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval GROUND WATER PROTECTION: Prior to approval of the final project specific water quality management plan (WQMP), the WQMP document shall meet the requirements of the State Water Resources Control Board Order No . R8-2010-0036 (NPDES No. CAS 618036), the San Bernardino County Municipal Separate Storm Sewers Separation (MS4) Permit reads: Section XI.D(Water Quality Management Plan Requirements).8(Groundwater Protection): Treatment Control BMPs utilizing infiltration [exclusive of incidental infiltration and BMPs not designed to primarily function as infiltration devices (such as grassy swales, detention basins, vegetated buffer strips, constructed wetlands, etc.)] must comply with the following minimum requirements to protect groundwater: a.Use of structural infiltration treatment BMPs shall not cause or contribute to an exceedance of ground water quality objectives. b.Source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration should be evaluated prior to infiltration. c.Adequate pretreatment of runoff prior to infiltration shall be required in gas stations and large commercial parking lots. (NOTE: The State Water Quality Control Board defines a large commercial parking lot as ‘100,000 sq. ft. or more of commercial development to include parking lot (with 100 or more vehicle traffics ), OR, by means of 5,000sqft or more of allowable space designated for parking purposes’). d.Unless adequate pre -treatment of runoff is provided prior to infiltration structural infiltration treatment BMPs must not be used for areas of industrial or light industrial activity{77}, areas subject to high vehicular traffic (25,000 or more daily traffic ); car washes; fleet storage areas; nurseries; or any other high threat to water quality land uses or activities. e.Class V injection wells or dry wells must not be placed in areas subject to vehicular{78} repair or maintenance activities{79}, such as an auto body repair shop, automotive repair shop, new and used car dealership, specialty repair shop (e.g., transmission and muffler repair shop) or any facility that does any vehicular repair work. f.Structural infiltration BMP treatment shall not be used at sites that are known to have soil and groundwater contamination. g.Structural infiltration treatment BMPs shall be located at least 100 feet horizontally from any water supply wells. h.The vertical distance from the bottom of any infiltration structural treatment BMP to the historic high groundwater mark shall be at least 10-feet. Where the groundwater basins do not support beneficial uses, this vertical distance criteria may be reduced, provided groundwater quality is maintained. i.Structural infiltration treatment BMPs shall not cause a nuisance or pollution as defined in Water Code Section 13050. 44. www.CityofRC.us Page 18 of 20Printed: 5/31/2023 Project #: DRC2022-00156 Project Name: Patriot Partners 13045 Whittram Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval NONRESIDENTIAL MANDATORY MEASURES – CALIFORNIA GREEN BUILDING STANDARDS CODE – Prior to the issuance of any building permit the applicant shall comply with Section 5.106.1 (Storm water pollution prevention) of the current adopted California Green Building Standards Code: Newly construction projects and additions which disturb less than one acre of land shall prevent the pollution of stormwater runoff from the construction activities through one or more of the following measures: 5.106.1.1 Local Ordinance – Comply with a lawfully enacted stormwater management and /or erosion control ordinance. 5.106.1.2 Best Management Practices (BMP) – Prevent the loss of soil through wind or water erosion by implementing an effective combination of erosion and sediment control and good housekeeping BMP. 1.Soil loss BMP that should be considered for implementation as appropriate for each project include, but are not limited to, the following: a.Scheduling construction activity. b.Preservation of natural features, vegetation and soil. c.Drainage swales or lined ditches to control stormwater flow. d.Mulching or hydroseeding to stabilize disturbed soils. e.Erosion control to protect slopes. f.Protection of storm drain inlets (gravel bags or catch basin inserts). g.Perimeter sediment control (perimeter silt fence, fiber rolls). h.Sediment trap or sediment basin to retain sediment on site. i.Stabilized construction exits. j.Wind erosion control. k.Other soil loss BMP acceptable to the enforcing agency. 2.Good housekeeping BMP to manage construction equipment, materials and wastes that should be considered for implementation as appropriate for each project include, but are not limited to, the following: a.Material handling and waste management. b.Building materials stockpile management. c.Management of washout areas (concrete, paints, stucco, etc.). d.Control of vehicle/equipment fueling to contractors staging area. e.Vehicle and equipment cleaning performed off site. f.Spill prevention and control. g.Other housekeeping BMP acceptable to the enforcing agency (City of Rancho Cucamonga). 45. www.CityofRC.us Page 19 of 20Printed: 5/31/2023 Project #: DRC2022-00156 Project Name: Patriot Partners 13045 Whittram Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval NONRESIDENTIAL MANDATORY MEASURES – CALIFORNIA GREEN BUILDING STANDARDS CODE – Prior to the issuance of any building permit the applicant shall comply with Section 5.106.10 (Grading and paving) of the current adopted California Green Building Standards Code: Construction plans shall indicate how site grading or a drainage system will manage all surface water flows to keep water from entering buildings. Examples of methods to manage surface water include, but are not limited to, the following: 1. Swales. 2. Water collection and disposal systems. 3. French drains. 4. Water retention gardens. 5. Other water measures which keep surface water away from buildings and aid in groundwater recharge. Exception: Additions and alterations not altering the drainage path. 46. DESIGN ISSUE: This project does not meet the requirements for a grading permit, nor a non-priority water quality management plan. The small scale site plan shown on the set of plans prepared by ___________ does NOT meet the drainage requirements around the structure of the current adopted California Residential Code. The City of Rancho Cucamonga recommends that during the preparation of the drawings for the building permit, the applicant retain the services of a professional civil engineer to design proper drainage meeting the current adopted California Building and Residential Code requirements. 47. DESIGN ISSUE: the preliminary water quality management plan Site and Drainage Plan is showing __________ cubic feet of required Design Capture Volume (DVC) of storm water to be treated. A preliminary review of the capacity of the proposed storm water structural treatment device (BMP) appears to be less than DVC. The Final Project-Specific Water Quality Management Plan shall meet the requirements of the San Bernardino County Technical Guidance Document for Water Quality Management Plans of the current adopted Municipal Separate Storm Sewers Systems (MS4) Permit for the treatment of storm water. 48. Prior to approval of the final project-specific water quality management plan the applicant shall have a soils engineer prepare a project-specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted “San Bernardino County Technical Guidance Document for Water Quality Management Plans”. Note: As this project has been previously graded and the site soils have been compacted for building pads and parking lot purposes, the use of the Custom Soil Resource Report for San Bernardino County Southwestern Part by the United States Department of Agriculture, Natural Resource Conservation Service for natural soils is not acceptable for soil groundwater infiltration rates. 49. www.CityofRC.us Page 20 of 20Printed: 5/31/2023 Conditions of Approval Community Development Department Project #: DRC2023-00142 Project Name: Patriot Partners 13045 Whittram Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 1. The site shall be developed and maintained in accordance with the approved plans which include Site Plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, the Development Code regulations. 2. The applicant shall sign the Statement of Agreement and Acceptance of Conditions of Approval provided by the Planning Department. The signed Statement of Agreement and Acceptance of Conditions of Approval shall be returned to the Planning Department prior to the submittal of grading/construction plans for plan check, request for a business license, and/or commencement of the approved activity. 3. www.CityofRC.us Printed: 5/31/2023 Project #: DRC2023-00142 Project Name: Patriot Partners 13045 Whittram Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, those City agents serving as independent contractors in the role of City officials and instrumentalities thereof (collectively “Indemnitees”), from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to, arbitrations, mediations, and other such procedures) (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such actions are brought under the California Environmental Quality Act (CEQA), State Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a competent jurisdiction. This indemnification provision expressly includes losses, judgments, costs, and expenses (including, without limitation, attorneys’ fees or court costs) in any manner arising out of or incident to this approval, the Planning Director’s actions, the Planning Commission’s actions, and/or the City Council’s actions, related entitlements, or the City’s environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that the applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. In the event such a legal action is filed challenging the City’s determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due. 4. Any modification or intensification of the approved use, including revisions in the operations of the business including changes to the operating days/hours; change in the location on-site or within the building of the use/activity that is approved by this Conditional Use Permit; improvements including new building construction; and/or other modifications/intensification beyond what is specifically approved by this Conditional Use Permit, shall require the review and approval by the Planning Director prior to submittal of documents for plan check/occupancy, construction, commencement of the activity, and/or issuance of a business license. The Planning Director may determine that modifications or intensifications of use require the submittal of an application to modify this Conditional Use Permit for review by the City. 5. www.CityofRC.us Page 2 of 2Printed: 5/31/2023