HomeMy WebLinkAbout2021-12-08 Agenda Packet
HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA
RANCHO CUCAMONGA CIVIC CENTER
COUNCIL CHAMBERS
10500 CIVIC CENTER DRIVE
RANCHO CUCAMONGA, CALIFORNIA
December 8, 2021
7:00 p.m.
A. Call to Order and Pledge of Allegiance
B. Public Communications
This is the time and place for the general public to address the Commission on any item listed or not
listed on the agenda. The Commission may not discuss any issue not included on the Agenda but set
the matter for a subsequent meeting.
C. Consent Calendar
C1. Consideration to adopt Regular Meeting Minutes of November 10, 2021. (No meeting
November 22, 2021.)
D. Public Hearings
D1. LOCATED ON NAPA STREET EAST OF ETIWANDA AVENUE – HILLWOOD ENTERPRISES,
L.P. – Recommendation to the City Council for the following: an Annexation (DRC2020-00185) of
one 2.9 acre parcel identified as APN: 0229-291-46 totaling approximately 2.9 acres, and a portion
of another parcel totaling approximately 0.69 acres identified as 0229-291-23 currently located within
unincorporated San Bernardino County to be annexed into the City of Rancho Cucamonga;
a General Plan Amendment (DRC2020-00184) to designate the annexed parcels and portions
thereof to a land use designation of Heavy Industrial; Pre-zoning to designate the annexed parcels
and portions thereof to the Industrial Employment (IE) zone; and a Tentative Parcel Map
(SUBTPM20251), Design Review (DRC2020-00177), Conditional Use Permit (DRC2021-00317),
Uniform Sign Program (DRC2020-00178) and Development Agreement (DRC2021-00175) to allow
for the development of two new industrial warehouse buildings totaling approximately 655,878
square feet on certain property located approximately 650 feet east of Etiwanda Avenue north of
Napa Street. The project plans also include an alternate site plan which illustrates the construction
of only one of the proposed buildings totaling approximately 500,648 square feet, with the remainder
of the site being dedicated to parking, landscaping, truck court and loading areas; APN: 0229-291-
23, 0229-291-46 and 0229-291-54. The City Council will consider final action for this item at a later
date yet to be scheduled. An Environmental Impact Report (SCH No. 2020090076) was prepared for
the project. Primary Case File No. DRC2020-00177.
E. General Business
E1. Caltrans – Justine Garcia
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If you need special assistance or accommodations to participate in this meeting, please
contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility.
Listening devices are available for the hearing impaired.
F. Director Announcements
G. Commission Announcements
H. Adjournment
TO ADDRESS THE PLANNING COMMISSION
The Planning Commission encourages free expression of all points of view. To allow all persons to speak,
given the length of the agenda, please keep your remarks brief. If others have already expressed your
position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson
may present the views of your entire group. To encourage all views and promote courtesy to others, the
audience should refrain from clapping, booing or shouts of approval or disagreement from the audience.
The public may address the Planning Commission on any agenda item. To address the Planning
Commission, please come forward to the podium. State your name for the record and speak into the
microphone. After speaking, please complete a speaker card located on the podium. It is important to list
your name, address (optional) and the agenda item letter your comments refer to.
Comments will be limited to 5 minutes per individual. If a large number of individuals wish to speak on an
item, the Chairman may limit the time to 3 minutes in order to provide an opportunity for more people to be
heard. Speakers will be alerted when their time is up, and no further comments will be permitted.
If you wish to speak concerning an item not on the agenda, you may do so under “Public Communications.”
Any handouts for the Planning Commission should be given to the Planning Commission Secretary for
distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to
be used for the official public record.
As an alternative to participating in the meeting, you may submit comments in writing to
Elizabeth.Thornhill@cityofrc.us by 12:00 p.m. on the date of the meeting. Written comments will be
distributed to the Commissioners and included in the record.
All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for
scheduling agenda items will be at the discretion of the Commission and the Planning Director.
AVAILABILITY OF STAFF REPORTS
Copies of the staff reports or other documentation to each agenda item are available at www.CityofRC.us.
APPEALS
Any interested party who disagrees with the City Planning Commission decision may appeal the
Commission’s decision to the City Council within 10 calendar days. Any appeal filed must be directed to the
City Clerk’s Office and must be accompanied by a fee of $3,279 for all decisions of the Commission. (Fees
are established and governed by the City Council).
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Please turn off all cell phones while meeting is in session.
Copies of the Planning Commission agendas, staff reports, and minutes can be found at
www.CityofRC.us.
I, Elizabeth Thornhill, Executive Assistant of the City of Rancho Cucamonga, or my designee,
hereby certify that a true, accurate copy of the foregoing agenda was posted on Thursday,
December 2, 2021, seventy-two (72) hours prior to the meeting per Government Code
54954.2 at 10500 Civic Center Drive.
Historic Preservation Commission and
Planning Commission Agenda
November 10, 2021
MINUTES
Rancho Cucamonga, CA 91729
7:00 p.m.
The regular meeting of the Historic Presentation Commission and Planning Commission was held on
November 10, 2021. The meeting was called to order by Chair Oaxaca at 7:00 p.m.
A. Roll Call
Planning Commission present: Chair Oaxaca, Vice Chair Dopp, Commissioner Guglielmo,
Commissioner Morales and Commissioner Williams.
Staff Present: Nicholas Ghirelli, City Attorney; Anne McIntosh, Planning Director; Mike Smith,
Principal Planner; Jason Welday, Engineering Services Director; Matt Burris, Deputy City
Manager; Elisa Cox, Deputy City Manager; Jennifer Nakamura, Management Analyst; Justine
Garcia, Engineering Services Deputy Director; David F. Eoff IV, Senior Planner; Tabe van der
Zwaag, Associate Planner; Jennifer Camacho-Curtis, Community Affairs Officer; Elizabeth
Thornhill, Executive Assistant.
B. Public Communications
Chair Oaxaca opened the public communications.
Kyler Gillam, resident, commented regarding drought conditions and suggested development
of a desalination plant and explained it takes salt water to fresh water and to locate it possibly
at Etiwanda Preserve.
Hearing no other comments, Chair Oaxaca closed public communications.
C. Consent Calendar
C1. Consideration to adopt Regular Meeting Minutes of November 10, 2021.
Motion by Commissioner Guglielmo, second by Commissioner Williams to approve Consent
Calendar. Motion carried unanimously 5-0 vote.
D. Public Hearings
D1. LOCATED AT 9377 HAVEN AVENUE - TRINITY HOLDINGS HAVEN AVENUE, LLC - A
request to convert an existing 8,993-square foot office building on a 0.103-acre parcel
(4,495 square feet) of land into 4 office condominium units in the Industrial Park (IP) District
and Haven Overlay District; APN: 0210-081-33. Tentative Parcel Map (SUBTT20317).
Tabe van der Zwaag, Associate Planner, presented Commissioners with a Staff Report and
presentation (copy on file).
Chair Oaxaca opened public hearing.
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Serge Bonaldo, Applicant, thanked Tabe for his work and was available for any questions.
Hearing no further comments, Chair Oaxaca closed the public hearing.
Commissioners concur and support this project.
Motion by Commissioner Guglielmo, second by Commissioner Morales to adopt the proposed
Resolutions 21-70 - Tentative Parcel Map SUBTPM20317. Motion carried unanimously, 5-0 vote.
D2. Consideration of the following: PlanRC General Plan Update, 2021-2029 Housing Element,
Climate Action Plan and Environmental Impact Report (SCH 2021050261). This item will
be forwarded to City Council for Final Action.
Jennifer Nakamura, Management Analyst II; David Eoff IV, Senior Planner; Jennifer Camacho-Curtis,
Community Affairs Officer; and Mark Teague, EIR Consultant (PlaceWorks) presented the
Commissioners with a presentation (copy on file).
Vice Chair Dopp praised staff on their hard work and expressed it was tremendous with all the effort
and detail that went into it. He asked about utilities corridor on permanent structures and wanted to
know what kind of discussion took place at staff level and the public about ways of creativity in terms
of utilizing space for interaction and connectivity with neighborhoods and allowing people to have
recreation opportunities.
Jennifer Nakamura answered utilities corridors are multifaceted areas, but we believe they have
potential to create connections within the city. She said, however, we do need to be sensitive to the
needs of public utility and not interfering with their uses. As we move forward, we want to support those
efforts but also work with SCE and public utilities to ensure it could all be done safely and mutual
agreement with both parties.
Nicholas Ghirelli, City Attorney, mentioned there are instances where a utility easement will not allow
the installation of structures on site. Also, Standard Conditions of Approval in the EIR are being
recommended to make sure future recreational facilities do not interfere with utility infrastructure.
Vice Chair Dopp stated there was clarification made on community benefit beyond what appeared to
be industrial uses and asked for examples where that might pop up in future developments.
Jennifer Nakamura replied when it comes to community benefit that is an area that has a wide range
of possibilities. It could potentially impact any development that chooses to work with the City and
would like any sort of change or negotiation in standards, as long as they can provide this additional
community benefit. It’s not necessarily related to any one type of user, but it could happen with any
future development.
Vice Chair Dopp regarding traffic and transportation he asked what kind of comments did we get from
the public about the desire to see different types of mode of transportation in the city.
Jennifer Nakamura answered they received a wide variety of responses. Individuals who were very
interested in continuing current auto centric model. Interest in having additional bike lanes and those
wanting to find an easier way to walk from their neighborhood to their local shopping centers. This plan
tries to accommodate all of those needs.
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Anne McIntosh added they did focus on transportation and transit opportunities in one of the workshops
and when we talked about Victoria Gardens area and Civic Center area and having those be the new
downtowns, there was a lot of interest in transit that would provide circulation opportunities between
those areas, they saw potential for that to connect in the future. In recognition similar to The Resort
where we have higher density development and potentially a station in the future, we have more people
that want to live in those types of communities who will be out to use those local circulators like trollies
in the area. In creating a whole new transit in the city east of Haven south of Foothill area.
Chair Oaxaca opened public hearing.
Lawrence Henderson, resident, expressed his objection. He takes exception with the phrase “World
Class Community”, it’s an undefined term. He said it is a marketing term and no place for planning.
He has concern that a lot of the community did not know about this or have a way to involve themselves.
A personal thing, he would send comments to the City and receive back a basic comment “thank you
for your input”. Not, “this is what we did with your input”. It became clear when he realized all the
overlays were eliminated in the General Plan. Primarily the equestrian overlay. He views this document
as a marketing document meant to help developers. Not so much the community or people. He said
looking at some of the language in the General Plan is slanted too far to development side of things. It
jumps a lot of the responsibility to staff, and you will find out you will not get the quality if you do this.
As a citizen of the community, he is giving his view on the inconsistencies of the plan.
Rick Fontana, resident, stated he was not contacted about this engagement. He said nobody reached
out to Sports Advisory Group, which he is part of. Making plans with parks and not reaching out to the
proper groups is wrong. He would like to hear from somebody on this.
For the record, it is noted the following correspondence was received after the preparation of the
agenda packet and the following general concern is noted. The actual correspondence should be
referred to for more detail:
• Paige H. Gosney, Gresham Savage Nolan & Tilden, representing “Tree Island Wire” located at
12459 Arrow Route expressed their concerns with the street network expansion within the
Southeast Industrial Area.
With no further comments, Chair Oaxaca closed the public hearing.
Jennifer Nakamura responded to some of the comments received during public hearing:
• Equestrian Overlay – It was not included in the General Plan; however, it does still exist in the
Development Code and that is not scheduled for change and does not see that change moving
forward.
• Sports & Recreational Facility – Explained the General Plan is a community-based plan and
when we do a community-based plan we want to engage and bring as many people to the table
with a variety of different voices. She said we do not necessarily reach out to individuals or
specific groups because inevitably one will get left out and it’s an area we want to avoid. We
want to make sure everyone across the city knows it through a variety of different channels.
Covid did put some additional constrains on it that we were not prepared for but were able to
adapt and overcome. She mentioned they did talk to people about open space and with people
who represented sports teams did participate in our online engagement.
Jennifer Nakamura further stated: however, we want to make sure it’s understood the General Plan
talks about overall recreation. The Community Department Services are about to start a Parks Master
Plan where we will take a deeper dive into the recreation needs of the community and how those move
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forward. As to the goal of converting baseball fields to soccer fields was a comment received through
conversation with the community. As the Community Services Department moves forward with the
Parks Master Plan there will be additional time for more in-depth conversation and the Sports Advisory
Committee will be one of the groups who will be reached out to because they have a specific need and
interest in Parks Development and Parks Master Plan.
Anne McIntosh mentioned when it came to open space and recreation, a lot of input received was not
necessarily targeted to organized sport. It was more passive opportunities for recreation at local
neighborhood parks, along pedestrian ways and pathways and electric pacific trails.
David Eoff stated the General Plan still identifies a need and priority for trails. It is listed as one of the
goals of the open space element to maintain and complete connecting network of diverse trails in
connected open space that improves access to all areas of the city. Encourages non-motorized activity
and one of those being equestrian trails. It is still identified in the plan. It is an important mode of
transportation in addition to walking and vehicles.
Nicholas Ghirelli mentioned the overlay is still part of the Zoning Code. The overlay is not being
eliminated.
Commissioner Morales stated it was a great presentation and great work they did. The fact the city
teams worked so diligently and be able to develop this work within 2 years is amazing. Included the
community in the process, the engagement was a big plus, made it what it was, and it truly was
designed for people first. A lot of us in the community talk about our values and some of those big
ones being equity, community, culture, neighborhood amenities and this update implements all that.
Especially housing that is affordable. Somebody mentioned our city had certain characteristics in the
beginning when we were first incorporated. Now we are dealing with State Housing requirements and
State Laws we have to comply with, so this General Plan Update keeps the character of our city in
place. Transportation, mobility, parts of it are good to the equity. Environmental justice strategy is for
all people to have the opportunity to thrive. This General Plan Update preserves the character and
strength of the already established neighborhoods and it does it well and that is what makes a world
class city. It also establishes our city as economic and cultural hub of the inland empire. He expressed
his support.
Commissioner Williams she also commends the staff. It is a little concerning on the comments made
from the audience, but she is counting on incorporating all that into the development code. The General
Plan is more of a “big picture”, the sense of the soul of the city and staff did a great job in capturing
that. We do need to be cautious in the development code to be extremely specific, so it does not get
lost. We need to make sure staff has the opportunity to use this as a “bible” to say no. It gives you
the opportunity to create fun and great things. She expressed her support and is very proud of staff.
Commissioner Guglielmo asked about the Healthy Development Checklist and wanted to know if it
became incorporated into the final draft.
Anne McIntosh explained the Healthy Checklist will be a tool when we review projects in the future.
Commissioner Guglielmo thanked staff for their hard work and dedication over the past two years
working on this integrated document and thanked the community who did engage. He knows it is not
a perfect system on reaching out to everybody, but he does recall a number of efforts made by the City
as mentioned over 1.1 million impressions via online, mail and various workshops outreach and they
did a great job. Regarding members of the public who spoke today, he is concerned about comments
made on the sports field. He does not know this particular document is the place and time to deal with
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some of it. It’s more a micro-level. This document of the General Plan is more of a birds-eye global
look overall vision and goals of the city. He believes it is a marketing piece. It is meant to attract
investment into our community and world class developers to come and bring their brain power to our
city. He said this document does the best to really showcase the strengths, opportunities and mobility
of the city and take us into the next decade or two of what our community needs. Touching on some
of the main core principals; Health, Equity and Stewardship are key focal points that guide this
document, and guide future Planning Commissioners and City Council going forward. He does believe
we can become, with proper planning and investment, the place to go in the Inland Empire. This
document will help foster that investment we need in the coming decade or two. He believes the
equestrian overlay is very important, and he is glad to hear it is not getting removed or diminished.
Also, the sports field, he hopes Mr. Fontana will engage in the Parks Masterplan and dive into this some
more to help elevate some of the congestion we have with our parks right now in sports. This General
Plan will help us in the future, and he expressed his support.
Jennifer Camacho-Curtis, Community Affairs Officer, mentioned she just checked her stakeholder list,
and Mr. Fontana was included. She requested if he could meet after the meeting to make sure we
have his most current contact information. They do want to speak with him due to his expertise and
long-standing relationship and volunteering he has with these sports leagues; they definitely want to
include him in these conversations.
Vice Chair Dopp expressed his thanks to the outreach team on the efforts made during corona virus,
he knows it was a challenge. It is on us as citizens to be engaged. If you are connected with social
media and connected to City apps, you would have come across this at some point and it’s a good call
for citizens to have as an avenue as we continue with technology for outreach and communication with
each other. He said when looking at the plan, the overall question he has with regards to this document
is, how do we move the City forward, as Commissioner Guglielmo ended on. There are so many people
in the area that consider Rancho Cucamonga to be the gold standard for the region. He said a lot of
us enjoy living in our city. We get various things out of it; recreation, quality of life, shopping, the options
we have to raise our families.
Holistically speaking, he is proud to put his name behind this document in terms of the goals it seeks
to achieve to move our city into an even better direction and to advance our economic and
environmental interests and some of the challenges we are facing as a city and to provide that quality
of life for others. He remembers having this conversation about equity and stewardship when we first
started off. He said just the importance of maintaining the quality of life and resources we have available
at our disposal to create an economic financial situation so we can maintain that standard for the public.
He said from an equity standpoint, something he has talked about in the past year, when looking at
some of these focal areas and potential in some of the policies, whether it be from an environmental
justice standpoint or housing opportunities, we really are putting focus on places that have not had
attention as in the past.
He said he was impressed with the focal areas in general. Obviously, these focal areas are only
recommendations but if these areas look like what the diagrams have and what recommendations are
from City Staff, each of these areas will be very unique and bring so much to our community. He said
Victoria Garden and the HART plan shows how Rancho Cucamonga can be a Hub for our local area,
whether it be from a transportation standpoint or attracting businesses, jobs and great housing
opportunities. He expressed Kudos to staff and all the team who had a process in visualizing some of
those communities, generically speaking, because the goal, not just from an economic development
standpoint, but creating opportunities and placemaking for our city is what some of residents want at
some level.
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He said there is always going to be an aspect to the city that tradition is always going to play a part in
who we are, and we can’t lose that, but we do also have to move forward and that was one of the other
really big takeaways. There are pockets of the city that are not going to change, and staff did a good
job listening to concerns from people in those areas. Some of the phrases he wrote down was “Keep
Rancho, Rancho” for certain parts of it, “maintaining the historical character”, generically speaking. He
said he is more than pleased to see some of the standards we put in place. When he looks at the Tool
Kit as an avenue, whether it be from a transportation standpoint or giving ideas out there of what we
want to see.
He knows that housing is a big problem in our region and continues to be. People are not always happy
with housing and some of the effects in regards to traffic. One of the things he appreciates is there was
an effort and there is some concern that in a place like Rancho that traffic and ultimate modes of
transportation is seen as a last-ditch effort, it’s nice to see some feedback from the community in that
regard. Lastly, regarding Community Benefit Plan, he knows we had this experience with Bridge Point
Project, but he really sees this as a great opportunity for us to continue to form relationships with
developers and proposals and making sure we not only maintain standards of high quality for our
community but also finding ways for our community to thrive. He expressed his appreciation to staff
and team for a job well done.
Chair Oaxaca stated one of the aspects of a document of this type what he looks for is it accessible
especially to those who it will affect most directly. He said it is something that touches every resident,
business owner and operator in the city one way or another at some point. He said this document really
does that job of being something that is accessible and understandable, and it illustrates it very well of
what we are talking about when we say change and what the future of the city should be. He said as
a resident here for over 30 years, he can still say we are able to maintain it somehow and that somehow
has a lot to do on how we approached these types of processes from the outreach to the visioning to
the actual development of the document that results from it. He will acknowledge the timing for the
type of outreach that staff conducted was not the best. Who could have predicted we would have gone
through what we did in the past +20 months at the time this was being looked at. He completely
acknowledges that significant challenge.
Staff is to be commended for thinking out of the box and using technology that is available people use
to keep in touch with others to get the word out. Some of the highlights for him that stood out; a place
making tool kit for this document that provides something for the development community to use in
working in conjunction with staff to make real what it is we are talking about in this General Plan and
doing it in a consistent way, otherwise we lose all this work that has been done and lose touch what
that future is we want to have for the city. The new way of looking at development from an equity
perspective from a fiscal impact perspective.
He said the variety of place types that where developed he thought was fantastic. It opens the door to
much more opportunity, flexibility, and a move in the direction of form-based approach to development.
It really shifts the emphasis on looking at what do we want things to look and feel like accessibility,
walkability, transportation rather than getting locked into specific uses based on more traditional zoning.
He said he was happy to see how the city is managing the regional housing needs requirements and
to see we have an effective path forward for doing that. It’s not an easy requirement to meet and the
State is not making it any easier in the future. It was an area of concern to him, but it was nice to see
how it was delt with. Finally, for him, this continued confirmation of work that was done previously the
focus on our main corridors in our areas of focus in the city; Haven corridor, Foothill corridor. The other
focus areas we identified where really reaching in parts of the city that need reaching into. Putting that
in the maps and diagrams and making it real was the first step for him of what those areas can become
through the General Plan. We all know there are more steps to go. It’s the development code. That is
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where it comes to life. He looks forward in seeing the final steps happen successfully. He expressed
his thanks to staff for all their great work.
Motion by Commissioner, second by Commissioner to adopt the proposed Resolutions 21-71,
Recommending the City Council Certify an Environmental Impact Report and Adopt a Statement of
overriding considerations and a Mitigation Monitor and Reporting Program for a Proposed General Plan
Update Including the 2021-2029 Housing Element, and a Climate Action Plan. Motion carried
unanimously, 5-0 vote.
E. Director Announcements - None
F. Commission Announcements - None
G. Adjournment
Motion by Commissioner Williams, second by Commissioner Guglielmo to adjourn the meeting, motion
carried unanimously, 5-0 vote. Meeting was adjourned at 9:45 p.m.
Respectfully submitted,
________________________
Elizabeth Thornhill
Executive Assistant, Planning Department
Approved:
DATE: December 8, 2021
TO: Chairman and Members of the Planning Commission
FROM: Matt Burris, AICP, Deputy City Manager/Interim Planning Director
INITIATED BY: Sean McPherson, AICP
SUBJECT:
LOCATED ON NAPA STREET EAST OF ETIWANDA AVENUE – HILLWOOD
ENTERPRISES, L.P. – Recommendation to the City Council for a General Plan
Amendment (DRC2020-00184), Annexation (DRC2020-00185), Prezoning
(DRC2020-00186), Tentative Parcel Map (SUBTPM20251), Design Review
(DRC2020-00177), Conditional Use Permit (DRC2021-317), Uniform Sign
Program (DRC2020-00178) and Development Agreement (DRC2021-00175) to
Allow for the Development of Two New Industrial Warehouse Buildings on Certain
Property Located Approximately 650 Feet East of Etiwanda Avenue North of Napa
Street; APN: 0229-291-23, 0229-291-46 and 0229-291-54. An Environmental
Impact Report (SCH No. 2020090076) was Prepared for the Project. Primary Case
File No. DRC2020-00177.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend that the City Council certify the Environmental
Impact Report, make findings pursuant to the California Environmental Quality Act, adopt a mitigation monitoring
and reporting program, and approve General Plan Amendment (DRC2020-00184), Annexation (DRC2020-
00185), Prezoning (DRC2020-00186), Tentative Parcel Map (SUBTPM20251), Design Review (DRC2020-
00177), Conditional Use Permit (DRC2021-00317), Uniform Sign Program (DRC2020-00178) and Development
Agreement (DRC2021-00175) through the adoption of the attached Resolutions.
EXECUTIVE SUMMARY:
The applicant Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P., proposes the construction of
two new industrial warehouse buildings totaling approximately 655,878 square feet combined on property located
approximately 650 feet east of Etiwanda Avenue north of Napa Street between the East Etiwanda Creek to the
west, the San Sevaine Channel to the east and the Burlington Northern Santa Fe (BNSF)/Metrolink rail line to
the north. The project area comprises two parcels: APN: 0229-291-54 which totals approximately 32.83 acres
and is located within the City of Rancho Cucamonga; and APN: 0229-291-46 which totals approximately 2.9
acres and is located within unincorporated San Bernardino County and the City of Fontana’s Sphere of Influence
(SOI). The applicant has applied for an Annexation and Prezoning in order to consolidate the entire project area
into the City’s jurisdiction under an appropriate zoning designation. The proposed Annexation also includes a
0.69-acre portion of a third parcel identified as APN: 0229-291-23, located at the northeast corner of the
intersection of Etiwanda Avenue and Napa Street. This 0.69-acre parcel is also proposed to be annexed into the
City to create a logical boundary between the City and the unincorporated County area, but is not within the
project area, is otherwise unrelated to the Project and is not proposed to be developed. The portion of the parcel
in question is currently designated by San Bernardino County with a general plan land use of General Industrial
(GI) and by the City of Fontana as Public Utility (P-UC). As part of the associated request for a General Plan
Amendment, this 0.69-acre portion of APN: 0229-291-23 is proposed to be designated as Heavy Industrial and
assigned a pre-zone designation of Industrial Employment (IE). To be sure, the San Bernardino County LAFCO
approves annexations and the applicant is expected to process the annexation through LAFCO once the project
entitlements are acted upon by the City. However, the City must consent to the annexation. Reference “Figure
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1: Proposed Annexation Map” below which illustrates the location of these various parcels.
Figure 1: Proposed Annexation Map
The project site is largely vacant, with an existing rail spur running in a north-south orientation roughly bisecting
the site which serves properties to the south and existing Southern California Edison (SCE) overhead powerlines
traversing the site in an east-west orientation. The existing rail spur is proposed to remain; however, the existing
overhead SCE powerlines are proposed to be relocated along Napa Street as well as through the eastern half
of the site in order to accommodate the proposed project. The proposed project includes the construction of one
new north-south street which will be located along the westerly property line of the project area and will be
designed to eventually connect to a future east-west street located immediately south of the Metrolink railway
and parallel to Napa Street. City staff proposes that this new north-south street be named Via Maris Place. The
applicant and City have also negotiated a development agreement which includes a variety of provisions
intended to off-set any adverse impacts the project may cause that are not otherwise mitigated through CEQA.
Pursuant to Municipal Code Section 17.14.060.B, “when a proposed project requires more than one permit
with more than one approving authority, all project permits shall be processed concurrently, and final action
shall be taken by the highest-level designated approving authority for all such requested permits.” The City
Council is the highest-level approving authority because it must approve the General Plan and Zoning
amendments and development agreement. Staff has opted to process the package of entitlements concurrently
such that the Planning Commission is the recommending body for all of the entitlements.
Page 3 of 11
BACKGROUND:
After the applicant submitted their application, but before it was deemed complete, the City Council enacted a
moratorium on November 4, 2020 to prohibit certain industrial uses while the City updated its code standards in
response to rising interest and significant demand for the development of new industrial uses and the
redevelopment of legacy uses largely located within the Southeast Industrial Quadrant (SEIQ), an area of the
City bounded by Arrow Route to the north, 4th Street to the south, I-15 Freeway to the west, and the City’s
jurisdictional limit line to the east. Following the expiration of the moratorium on June 30, 2021, the City Council
adopted Ordinance 982 on July 7 which established new development standards for industrial projects
throughout the City in response to this demand in industrial development. Notably, the applications for the subject
project which had been deemed complete prior to the effective date of Ordinance 982 were exempt from the new
requirements of Ordinance 982. Except for the CUP application, the subject development applications had been
deemed complete on January 7, 2021, which is prior to the adoption of Ordinance 982. Pursuant to Development
Code Section 17.02.020F.1, “all land use permit applications that are active and that have been determined by
the planning director to be complete before the effective date of this title, or any amendments thereto, will be
processed according to the regulations in effect when the application was deemed complete.” Thus, as the
subject application was deemed complete prior to the adoption of Ordinance 982, it has been analyzed against
standards in effect prior to the adoption of Ordinance 982.
PROJECT ANALYSIS:
The project site is currently divided between both the Heavy Industrial (HI) and Flood Control/Utility Corridor
(FC/UC) General Plan land use designations. The development application also includes Prezoning to designate
the parcels to be annexed into the appropriate zoning designation.
The existing General Plan and Zoning designations for the project site and adjacent properties are as follows:
Land Use General Plan Zoning**
Site* Vacant
Heavy Industrial (HI) and Flood
Control Utility Corridor (FC/UC) (for
portion within City); General
Industrial (GI)/ General Industrial (I-
G) (for portion within
County/Fontana SOI)
Industrial Employment
(IE) District (for portion
within City); Regional
Industrial (IR) (within
County) and General
Industrial (M-2) (for
portion within Fontana
SOI)
North Industrial Heavy Industrial (HI) and Flood
Control/Utility Corridor (FC/UC)
Neo-Industrial (NI)
District
South
Industrial
(County/Fontana
SOI)
General Industrial (GI), Special
Development (SD)/General
Industrial (I-G) (within
County/Fontana SOI)
Regional Industrial (IR);
Kaiser Commerce
Center Specific Plan
(KC/SP)/General
Industrial (M-2) (within
County/Fontana SOI)
West
Industrial and
East Etiwanda
Creek
Heavy Industrial (HI) and Flood
Control/Utility Corridor (FC/UC)
Industrial Employment
(IE) District
Page 4 of 11
East San Sevaine
Channel
Open Space (OS) and General
Industrial (GI) (within
County/Fontana SOI)
Regional Industrial
(IR)/Open Space-Natural
(OS-N) (within
County/Fontana SOI)
*In the 2010 General Plan, APN: 0229-291-54 also includes a “floating” designation as a location for a potential public park”
**Prior to the adoption of Ordinance 982, the Industrial Employment (IE) zoning district was referred to as the Heavy Industrial (HI)
district and the Neo-Industrial (NI) district was referred to as the General Industrial (GI) district.
The applicant proposes to annex the portion of the project area currently located outside the City’s jurisdiction
and subdivide the two adjacent parcels referenced above and create two new parcels, Parcel I and Parcel II, to
accommodate the development of two new industrial warehouse buildings: Building A, located on the proposed
Parcel I, totals approximately 500,648 square feet; and Building B, located on the proposed Parcel II, totals
approximately 155,230 square feet. Grading operations are proposed to be balanced on-site, with approximately
336,000 cubic yards of cut and fill.
Each building includes approximately 10,000 square feet of office area. Building A, as proposed, will have a
maximum height of approximately 58.5 feet and Building B, as proposed will have a maximum height of 46 feet.
Access to the proposed project is primarily off Napa Street. However, the new north-south road, Via Maris Place,
is also proposed to be constructed that will provide access to Parcel II.
Staff notes that the applicant has also proposed an “Alternate Site Plan,” which proposes only one industrial
warehouse building (Building A), totaling 500,648 square feet. In this alternate version of the project, Building A
would be occupied by a potential “E-Commerce” user and Building B is replaced with a surface level parking lot
providing 849 parking stalls. Staff notes that as of the writing of the report, the developer has submitted plans for
building permit plan check for the two-building iteration of the project and this is the project before the Planning
Commission for consideration. Despite this, the environmental impact report prepared for the project included
an analysis of this Alternate Site plan.
New Street and Relocation of SCE Easement & Infrastructure: Considering the size and scope of the project,
certain public improvements are required including the aforementioned Via Maris Place. Via Maris Place is
proposed to be constructed running north-south along the westerly property line of the project area. Via Maris
Place will connect Napa Street to the south with a new planned east-west road to be located south and parallel
to the Metrolink/BNSF railway. This future east-west road south of the railway is not part of the subject project
and will be constructed at such time that surrounding parcels redevelop.
In addition to the new Via Maris Place, staff also notes that the project requires the relocation of an existing SCE
easement and related SCE infrastructure (i.e. transmission towers along with transmission, distribution, and
telecommunication lines). This SCE easement currently traverses the project area in an east-west orientation.
The project proposes to relocate a portion of this easement to the south along Napa Street to allow for the
placement of Building A. This new orientation will result in the SCE transmission towers being located along the
frontage of Parcel I and in front of Building A.
Alternative Rail Serve Plan: As the project area is roughly bisected by an existing rail spur, the subject project is
required to demonstrate that rail service is possible pursuant to Development Code Section 17.36.040.D.6. The
applicant is not required to construct rail-related improvements on the property. However, the plans must
demonstrate that the site could have a functional/practical rail service if any future owner/tenant decides that rail
service is required/desired.
Accordingly, the applicant has provided an Alternative Rail Serve Plan (Sheet DAB-A1.1C of the attached plan
set). The applicant’s Alternative Rail Serve Plan demonstrates that Building A can accommodate rail pursuant
to Development Code standards without any loss of parking or relocation of drive aisles. Building B, however,
Page 5 of 11
will not be able to accommodate rail service due to the site configuration, lot size, radius of the track, and the
encroachment of the track onto an adjacent parcel. The applicant has provided a written justification requesting
that the Planning Commission consider eliminating the requirement that Building B provide rail service. This
justification is included with this report (Exhibit D), as “Attachment A to Alternative Rail Serve Plan.”
Architecture: The proposed industrial warehouse buildings meet the City’s 360-degree architectural standards.
Each building provides well-defined articulation and a varied use of architectural features creating an attractive
aesthetic. For example, acknowledging the long span of each façade facing Napa Street, both Building A and
Building B provide varied building heights, which start low at the corners of the buildings increasing in height
toward the center of the façade facing Napa Street. This “stepped” building height provides visual interest and
offers a range of building heights between 46-58 feet for Building A, and 38-46 feet for Building B.
The corner of each building facing Napa Street provides office tower elements which exhibit an angled concrete
feature backed by reflective blue glazing and aluminum storefront framing. Throughout each elevation, the typical
concrete tilt-up façade is punctuated by panel joints, reveals, vertical glazing elements and, most notably, angled
concrete features which provide an attractive and varied color pallet. These angled features break up the
expanse of the façade by exhibiting bright colors including “Knockout Orange” (Sherwin Williams SW 6885),
“Commodore” (SW 6524) and “Limon Fresco” (SW 9030). This bright pallet provides an attractive break to the
subdued color pallet of grays which otherwise dominate the buildings.
The proposed project exceeds all applicable development standards for the General Industrial (GI) district, as
shown in the table below:
Development
Standard Required Proposed Complies?
Building Height
Maximum 35 feet (at front
setback) and
75 feet (1-foot increment
from the front setback
line)
Building A: (var.) 46-58.5 feet
(beyond setback); Building B:
(var.) 38-50.5 feet (beyond
front setback)
YES
Floor Area Ratio
(FAR) 40-50% Building A: 42.9%; Building B:
41.1% YES
Front Building
Setback Min. 25 feet
Building A: 46 feet (Napa St.);
Building B: 39.5 feet (Via
Maris Place)
YES
Street Side
Setback
Min. 25 Feet (Napa Street
for Building B) 69 feet (approx.) YES
Average Depth of
Landscape 25 feet 27 feet (Via Maris Place); 25
feet (Napa St.) YES
Parking Setback Min. 15 feet (var.) 15-31 feet (approx.) YES
Interior Side Yard
Setback Min. 5 feet
Building A: 314.5 feet (west
PL), 126 feet (east PL);
Building B: 137.3 (northerly
property line)
YES
Rear Yard
Setback Min. 0 feet Building A: 144 feet (approx.);
Building B: 75.3 YES
Open
Space/Landscape
Standards
5% Building A: 8.3%; Building B:
10.7% YES
Note: the proposed “Alternative Site Plan” proposing only Building A also meets all relevant development standards
Page 6 of 11
Parking and Landscaping: Pursuant to Development Code Section 17.64.050, 17.64.090 and Table 17.64.050-
1, auto parking for warehouse/storage uses is based on a tiered ratio as illustrated in the table below. In addition,
office areas require parking at 1 stall per 250 square feet. Further, the development code requires 1 trailer loading
stall for each dock door proposed. As such, the proposed project is required to provide 183 auto parking stalls
and 79 trailer loading stalls for Building A, and 97 auto parking stalls and 20 trailer loading stalls for Building B.
The table below demonstrates the project’s compliance with all parking standards:
Parking Ratio Required
Parking
Provided
Parking Complies?
Warehouse/storage
and office
1 per 1,000 sf for the
first 20,000 sf; 1 per
2,000 sf for the next
20,000 sf, and 1 per
4,000 sf for remaining sf
Office requires 1 per
250 sf
Building
A: 183
stalls;
Building
B: 97
stalls
Building
A: 275;
Building
B: 108
YES
Trailer Loading
Stalls 1 per loading dock
Building
A: 79;
Building
B: 20
Building
A: 87;
Building
B: 20
YES
The project also meets all relevant landscape standards, as noted in the table above. The landscape plan
proposes approximately 287 new trees which provide a variety of 24-inch and 36-inch box trees, including but
not limited to, “True Green” Chinese Elm trees (to be used as parking lot shade trees), California Sycamore,
Holly Oak, and California Pepper trees. Ornamental ground cover, shrubs and vines make up the balance of the
landscaped area.
Traffic Improvements: As a result of the proposed project, certain improvements are required to improve traffic
circulation adjacent to the site, as well as in the vicinity of the SEIQ. In addition to the new north-south street
proposed along the westerly property line of the site which is intended to eventually connect Napa Street to
future roadways adjacent to the BNSF/Metrolink railway, additional traffic related public improvements have been
included in the development agreement consisting of minor traffic signal modifications, signal timing, and
pavement restriping improvements.
Entitlements Required for Proposed Development: The project requires a General Plan Amendment, a Zoning
Map Amendment, Annexation, Prezoning, Tentative Parcel Map, Design Review, Conditional Use Permit, and
Uniform Sign Program. Further, the applicant proposes to enter into a Development Agreement with the City,
which requires the review and approval of an ordinance by the City Council.
General Plan Amendment (DRC2020-00184): Currently, the general plan land use designation for the portion of
the project area located within the City (APN:0229-291-54) is split between Heavy Industrial (HI) and Flood
Control Utility Corridor (FC/UC), whereas the portion of the project area located outside the City’s jurisdiction
(APN:0229-291-46), is currently located within unincorporated San Bernardino County and within the City of
Fontana’s Sphere of Influence. APN:0229-291-46 currently has a land use designation of General industrial
Industrial (GI) under San Bernardino County and a land use designation of General Industrial (I-G) under the
City of Fontana.
The proposed general Plan Amendment will: 1) Replace the Flood Control/Utility Corridor land use designation
on parcel APN:0229-291-54 with a land use designation of Heavy Industrial to be consistent with the remainder
of that parcel; and 2) designate the portions of the project area to be annexed with a Heavy Industrial land use
designation. This includes assigning a Heavy Industrial land use designation to the 0.69-acre portion of parcel
Page 7 of 11
APN:0229-291-23 which is also proposed to be annexed but is not considered as part of the project area to be
developed.
Further, and pursuant to the 2010 General Plan, the portion of the project site located within the City is currently
identified as having a “Floating Park” land use designation to accommodate a potential “Napa Soccer Complex”
future park facility. As noted on Figure PF-1 of the 2010 General Plan, the “location of future parks are not fixed
and may be adjusted to accommodate future planning needs.” This area was identified as one potential location
for a park, and the City entered into a Joint-Use Agreement with the property owner in an attempt to develop a
soccer complex, however through the development process the site was determined to be infeasible for park
development and the Joint-Use Agreement was terminated. Thus, the proposed General Plan Amendment will
also remove this Floating Park designation.
Staff notes that on November 10, 2021, the Planning Commission recommended that the City Council approve
the PlanRC General Plan. The PlanRC General Plan is currently scheduled for a public hearing before the City
Council on December 15, 2021. Notably, the subject development application requires review and approval by
the City Council which will occur after December 15, 2021. If the subject development project is approved by the
City Council prior to the adoption of the new general plan, the scope of the proposed General Plan Amendment
will remain as described above.
If, though, the City Council adopts the PlanRC General Plan prior to approval of the subject development
application, the following changes to the scope of the requested General Plan Amendment will necessarily occur:
• The PlanRC General Plan removes the Floating Park designation, rendering the applicant’s request for the
same action irrelevant.
• The PlanRC General Plan removes the Flood Control/Utility Corridor Land Use designation from the project
site, rendering the applicant’s request for the same action irrelevant; The PlanRC General Plan also
renames the Heavy Industrial General Plan land use designation to Industrial Employment District. This
change in land use designation classifications is consistent as the implementing zone of Industrial
Employment (IE) permits the proposed use in either land use designation.
Staff notes that in either case, all exhibits in the General Plan will need to be updated to reflect the new city
boundaries upon approval of the annexation.
Annexation (DRC2020-00185): The proposed annexation to be applied for by the applicant with LAFCO will
amend the boundaries of the City of Rancho Cucamonga, as well as unincorporated San Bernardino County and
the City of Fontana’s SOI by increasing the area of Rancho Cucamonga by approximately 4.8 acres as measured
from the centerline of Napa Street while reducing the size of the City of Fontana’s Sphere of Influence (SOI) by
an equal amount. Specifically, the applicant proposes to annex a 2.9-acre parcel identified as APN: 0229-291-
46 into the City as part of the project to be used as parking, landscaped areas, and entrance to the proposed
project. The annexation also includes a portion of another parcel, APN: 0229-291-23, which is not part of the
project and which is not proposed to be developed. The portion of APN:0229-291-23 to be annexed comprises
0.69 acres of land located north of Napa Street and east of Etiwanda Avenue and is proposed to be annexed in
order to create a logical jurisdictional boundary along the centerline of Napa Street from San Sevaine Channel
to Etiwanda Avenue. The remaining 1.21 acres falls within Napa Street. The proposed annexation and change
in jurisdictional boundaries, including Sphere of Influence boundaries, will require approval by San Bernardino
LAFCO.
Prezoning (DRC2020-00186): Related to the proposed annexation, the project also requires Prezoning pursuant
to Development Code Section 17.22.050. APN:0229-291-46 is currently assigned a zoning classification of
Regional Industrial (I-R) by San Bernardino County, and General Industrial (M-2) by the City of Fontana. Further,
the aforementioned 0.69-acre portion of parcel APN:0229-291-23 is currently assigned a zoning classification of
Regional Industrial (I-R) by San Bernardino County, and Public Utility (P-UC) by the City of Fontana. Approving
the Prezoning application will change the zoning designation of these areas to Industrial Employment (IE) Zoning
District upon approval of the annexation.
Page 8 of 11
Tentative Parcel Map (SUBTPM20251): As mentioned, the project includes a request to approve a Tentative
Parcel Map to consolidate the two existing parcels within the project area and subdivide them into two new
parcels, Parcel I and Parcel II. Parcel I proposes an area of approximately 26.73 acres with street frontage along
Napa Street and Parcel II proposes an area of approximately 8.67 acres with street frontage along Napa Street
and the new Via Maris Place. Staff has reviewed the Tentative Parcel Map and has determined that it complies
with the relevant development standards, subject to certain conditions of approval.
Conditional Use Permit (DRC2021-00317): While the other entitlements are exempt from Ordinance 982, these
applications did not address the potential uses/tenants for the project because the project is being built on a
speculative basis. Therefore, no pending use permit application was deemed complete prior to the effective date
of Ordinance 982, and future uses by tenants who occupy the building will be subject to new standards under
Ordinance 982. Thus, the applicant is requesting the review and approval of a Conditional Use Permit subject to
Development Code Section Table 17.30.030-1 to permit the following uses on the site: Storage Warehouse,
Large – Light Manufacturing, and a Large Distribution and Fulfillment Center.
Uniform Sign Program: The applicant has informed staff that the proposed project may accommodate up to four
tenants. Development Code Section 17.16.060 provides that “…a uniform sign program shall be required for all
new multi-tenant shipping center, office parks, and other multi-tenant, mixed-use or otherwise integrated
developments of three of more separate tenants/uses that share buildings, public spaces, landscape and/or
parking facilities.” Accordingly, and as the development could permit up to four tenants up to four tenants, the
applicant has applied for a Uniform Sign Program.
Development Agreement (DRC2021-00175): The developer has proposed to enter into a Development
Agreement with the City. Pursuant to Development Code Section 17.22.060.A.1, development agreements:
1. Increase the certainty in the approval of development projects, thereby preventing the waste of
resources, reducing the cost of development to the consumer, and encouraging investment in and
commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at
the least economic cost to the public;
2. Provide assurance to the applicant for a development project that upon approval of the project, the
applicant may proceed with the project in accordance with existing policies, rules and regulations, and
subject to conditions of approval thereby strengthening the public planning process, encouraging private
participation in comprehensive planning, and reducing the economic costs of development;
3. Enable the City to plan for and finance public facilities, including but not limited to, streets, sewerage,
transportation, drinking water, school and utility facilities, thereby removing a serious impediment to the
development of new housing.
The proposed Development Agreement (hereafter referred to as the “Agreement”), includes, but is not limited
to, the following major terms which are summarized below:
• The term of the development agreement would initially be six years, with an option for the applicant to
extend the term by nine years upon payment of $2 million.
• A requirement for future tenants to designate Rancho Cucamonga as the point of sale for the material
handling equipment used in Project’s operations;
• A requirement that the developer shall pay a “Community Benefit Fee,” in the amount of $4,300,000 in
order to address the Project’s expected impacts on affordable housing demand, future greenhouse gas
emissions, fire protection services, environmental justice and related impacts typically associated with
large warehouse development. The applicant may receive a refund of up to 30% of the Community
Benefit Fee in the event the project generates $500,000 in sales tax for a period of 3 years provided
that the Developer can demonstrate that the tenant responsible for any 3 consecutive year period has
a lease covering the entire term of the Development Agreement;
Page 9 of 11
• A requirement that the developer complete certain traffic improvements and pay a “Fair Share”
contribution to the City’s Industrial Area Traffic Improvement Fund. The final amount of the Fair Share
contribution is being assessed as of the writing of this report and will be determined prior to the City
Council’s consideration of the project;
• A requirement that the Developer may pay a fee totaling $1,400,000 in lieu of undergrounding existing
utilities on the site or along streets adjacent to the site;
• A requirement that the developer will pay for, and construct to City standards, a new public street along
the west side of the project site, which will run north-south and eventually connect to a future expanded
roadway network throughout the SEIQ;
Design Review Committee: The Design Review Committee (Williams, Oaxaca and Smith), reviewed the project
on February 2, 2021. No members of the public attended the meeting to speak on the item, and the Design
Review Committee recommended that the item be forwarded to the Planning Commission as presented.
Public Art: The project is subject to the public art requirement provided in Chapter 17.124 of the Development
Code. As an industrial development, this project would typically include artwork that has a minimum value that
meets or exceeds one dollar per square foot. While the valuation of public art would be approximately $655,878
(as it is based on building square footage of the project), staff notes that pursuant to the proposed development
agreement, all but $100,000 of this amount is proposed to be transferred to the proposed community benefit fee.
Fiscal Impact Analysis: The applicant has provided a Fiscal Impact Analysis prepared by DTA (2021), which
was peer reviewed by Keyser Marston Associates, Inc. (KMA), a third-party consultant hired by the City. The
Fiscal Impact Analysis conducted by DTA concluded the project would result in total recurring revenues of
$123,300 with total recurring costs of $79,000 for a total annual recurring surplus to the City of $44,300. After
analyzing the DTA study, KMA has determined that the actual anticipated annual recurring surplus to the City is
more likely to be approximately $17,900. Considering this, the aforementioned Development Agreement requires
that the developer contribute funds toward a Community Benefit Fee in order to offset the costs of the project to
the community.
CEQA DETERMINATION:
Pursuant to the California Environmental Act (CEQA), an Environmental Impact Report (EIR) (SCH No.
2020090076), has been prepared for this project. Under CEQA, the purpose of an EIR is to inform the public
about any significant impacts to the physical environment resulting from a project, identify ways to avoid or lessen
the impacts, identify alternatives, and promote public participation. The contents of the EIR become a planning
tool for the Planning Commission and City Council to use in determining the appropriate and best land use for
the project site.
The intent of this EIR is to address and evaluate potentially significant impacts of the proposed project and
identify feasible mitigation measures and alternatives that may be adopted to reduce or eliminate these impacts.
A summary of all of the project-related impacts and the recommended mitigation measures is provided in the
Final EIR. The following summarizes key points in the environmental review process:
Notice of Preparation and Public Scoping Meeting: The Notice of Preparation (NOP) serves as public notification
that an EIR is being prepared and requests comment and input from responsible agencies and other interested
parties regarding environmental issues to be addressed in the document. In addition to the NOP, CEQA
recommends conducting a scoping meeting for the purpose of identifying the range of potential significant
impacts that should be analyzed within the scope of the Draft EIR. The public scoping meeting is to receive
public testimony on those issues that the public would like to have addressed in the EIR as it relates to the project
and environment.
Page 10 of 11
Accordingly, a notice advertising both the NOP and Public Scoping Meeting was prepared for the project and
circulated on September 3, 2020 to the State Clearinghouse (SCH No. 2020090076), public agencies, Native
American tribes, those interested parties who had previously requested notification and all property owners within
660 feet of the subject site. The notice advertising the NOP and the public scoping meeting was also published
in the Inland Valley Daily Bulletin on September 7, 2020 and made publicly available on the City’s website. The
Public Scoping Meeting was held virtually over Zoom on September 17, 2020. No members of the public or any
interested party provided comments at the Public Scoping Meeting. The public comment period to respond to
the NOP closed on October 3, 2020 and comment letters were received from the Native American Heritage
Commission, California Department of Fish and Wildlife, California Department of Transportation, San
Bernardino County Department of Public Works, Inland Empire Biking Alliance, South Coast Air Quality
Management District (SCAQMD), Cucamonga Valley Water District (CVWD) and the Inland Empire Utilities
Agency (IEUA). Written responses to all significant environmental issues raised were prepared and made
available in the Draft Environmental Impact Report (DEIR).
AB 52 and SB 18 Compliance: Notification in accordance with AB 52 was sent on December 23, 2020 to tribal
communities from a list of six tribes that have requested notification by the city. Notification in accordance with
SB 18 was sent out to thirteen tribal communities on August 24, 2020. In response to these notices, the San
Manuel Band of Mission Indians (SMBMI) responded with comments though they did not request consultation.
Rather the SMBMI provided language which they requested be made a part of the project mitigations.
Accordingly, language from SMBMI has been incorporated into the Mitigation Monitoring and Reporting Program
(MMRP). One other tribe (Gabrieleno Band of Mission Indians – Kizh Nation) held a phone consultation with City
staff in January 2021 at which point this tribe requested a tribal monitor be on site during grading activities. Thus,
the CEQA document prepared for the project reflects the requested language/mitigation measures.
Draft EIR Preparation and Circulation: Following the NOP and Public Scoping Meeting, a DEIR was prepared
and was distributed to Responsible and Trustee agencies, and individuals who had requested to review the
DEIR. The DEIR was distributed for a 45-day public review period on June 29, 2021 with the comment period
concluding on August 13, 2021. A Notice of Availability including electronic links to the DEIR and all technical
appendices was posted at the County, published in the Inland Valley Daily Bulletin, mailed to all property owners
within 660 feet, interested parties requesting such notification and posted on the city’s website on June 28, 2021.
Further, and also on June 28, 2021, the DEIR and all technical appendices were provided to the Office of
Planning and Research via the online “CEQAnet” portal for distribution to Responsible and Trustee agencies
and hard copies of the DEIR and all technical appendices were provided for public review at the following
locations:
• Archibald Library – 7368 Archibald Avenue, Rancho Cucamonga, CA 91730;
• Paul A Biane Library – 12505 Cultural Center Drive, Rancho Cucamonga, CA 91739;
• Planning Department Public Counter at City Hall – 10500 Civic Center Drive, Rancho Cucamonga, CA
91730.
Comments were received from California Department of Fish and Wildlife (CDFW), South Coast Air Quality
Management District (SCAQMD), Cucamonga Valley Water District (CVWD), Southern California Regional Rail
Authority (Metrolink), Local Agency Formation Commission (LAFCO) and Mitchell Tsai, Attorney at Law (on
behalf of Southwest Regional Council of Carpenters).
Technical appendices and supporting documentation can be referenced on the City‘s website under the tab
”CEQA Documents Available for Review“ under the Current Projects & Planning Initiatives which can be
accessed here: https://www.cityofrc.us/community-development/planning
Mitigation Monitoring Reporting Program (MMRP): In compliance with CEQA, a monitoring program has been
prepared. The MMRP is a reporting program that identifies each adopted mitigation measure or project design
Page 11 of 11
feature that reduces the significance level of a particular impact. The MMRP indicates responsibility and timing
milestones for each mitigation measure.
Findings of Fact in Support of Determinations Related to Significant Environmental Impacts: The EIR concludes
that upon implementation of the project and all recommended mitigation measures, impacts associated with the
project would remain less than significant. No significant and unavoidable impact was identified; thus, it is
determined that no Statement of Overriding Consideration is required to be adopted.
CORRESPONDENCE:
A notice of public hearing was mailed to all property owners within 1,500 feet of the subject property, the site
was posted, and a notice of public hearing was published in the Inland Valley Daily Bulletin on November 24,
2021. To date, no comments or correspondence have been received in response to these notices as of the
writing of this report.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
The development of the project achieves the City Council’s Core Value of “Intentionally embracing and
anticipating the future,” and “continuous improvement.” In addition to providing the City with new industrial
warehouse facilities which will attract quality tenants, the project also results in the construction of a new public
street which will improve future circulation in the SEIQ by providing an additional north-south connection on Napa
Street which will connect with the future expanded road network throughout the SEIQ.
EXHIBITS:
Exhibit A - Vicinity Map and Aerial Photograph
Exhibit B - Project Plans and Uniform Sign Program
Exhibit C - Draft EIR, Final EIR, Technical Appendices, Mitigation Monitoring and Reporting Program, EIR
Findings
Exhibit D - Planning Commission Resolution General Plan Amendment (DRC2020-00184)
Exhibit E - Planning Commission Resolution Annexation (DRC2020-00185) and Prezoning (DRC2020-00186)
Exhibit F - Planning Commission Resolution Tentative Parcel Map (SUBTPM20251)
Exhibit G - Planning Commission Resolution Design Review (DRC2020-00177)
Exhibit H - Planning Commission Resolution Conditional Use Permit (DRC2021-00317)
Exhibit I - Planning Commission Resolution Uniform Sign Program (DRC2020-00178)
Exhibit J - Planning Commission Resolution Development Agreement (DRC2020-00175) with Draft
Development Agreement
Exhibit K - Design Review Committee Comments
Exhibit L - Conditions of Approval
Hillwood Project
(within Rancho
Cucamonga)
Southern CA Edison Property
(within Rancho Cucamonga)
(Not a part of the proposed
Hillwood Project)
Unincorporated property in Fontana's Sphere
of Influence
(Not a part of the proposed Hillwood Project)
Hillwood Project
(unincorporated property in
Fontana’s Sphere of Influence)
Hillwood Project Site and Neighborhood Map
City of Rancho
Cucamonga
Boundary
Parcel B-1 & B-2
Hillwood Project
(within Rancho
Cucamonga)
Exhibit A
Exhibit B – Plan Set and Uniform Sign Program
Due to file size, this attachment can be accessed through the following link:
Exhibit C – Draft EIR, Final EIR, Technical Appendices, Mitigation Monitoring and Reporting Program,
EIR Findings
Due to file size, this attachment can be accessed through the following link:
https://www.dropbox.com/sh/py8i3sb3fkd1uty/AADSRuPUK0GtTTa7hzIbpKu2a/Speedway%20Com
merce%20Center?dl=0&subfolder_nav_tracking=1
RESOLUTION NO. 21-73
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT NO.
DRC2020-00184, A REQUEST TO AMEND THE GENERAL PLAN LAND
USE MAP AS FOLLOWS: 1) AMEND THE GENERAL PLAN LAND USE
DESIGANTION FOR TWO PARCELS PROPOSED TO BE ANNEXED
INTO THE CITY WHICH ARE CURRENTLY LOCATED WITHIN
UNINCORPORATED SAN BERNARDINO COUNTY AND THE CITY OF
FONTANA’S SPHERE OF INFLUENCE; 2) AMEND A PORTION OF A
PARCEL LOCATED WITHIN THE CITY FROM A GENERAL PLAN LAND
USE DESIGNATION OF FLOOD CONTROL/UTILITY CORRIDOR TO
HEAVY INDUSTRIAL; AND 3) ELIMINATE A “FLOATING PARK “
DESIGNATION FOR THE PORTION OF THE PROJECT AREA
CURRENTLY LOCATED WITHIN THE CITY OF RANCHO CUCAMONGA
FOR PARCELS LOCATED APPROXIAMTELY 650 FEET EAST OF
ETIWANDA AVENUE NORTH OF NAPA STREET, AND MAKING
FINDINGS IN SUPPORT THEREOF – APNS: 0229-291-23, 0229-291-46
AND 0229-291-54.
A.Recitals.
1.Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P., filed an
application for General Plan Amendment No. DRC2020-00184 as described in the title of this
Resolution. Hereinafter in this Resolution, the subject General Plan Amendment is referred to as
"the application."
2.On December 8, 2021, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application and concluded said hearing on that
date.
3.All legal prerequisites prior to the adoption of this Resolution have occurred.
B.Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning
Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Commission during the above-
referenced public hearing on December 8, 2021, including written and oral staff reports, together
with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to two parcels, APN: 0229-291-46 and 0229-291-54
which cumulatively total approximately 35-acres of land, located approximately 650 feet east of
Etiwanda Avenue north of Napa Street. APN: 0229-291-46, which is proposed to be annexed, is
currently located within unincorporated San Bernardino County and the City of Fontana Sphere
of Influence and is currently designated by San Bernardino County as General Industrial (GI) and
the City of Fontana as General Industrial (I-G). APN: 0229-291-56, located within the City of
Rancho Cucamonga, has a general plan land use designation of Heavy Industrial and Flood
Control/Utility Corridor as well as a “Floating Park” designation. A portion of a third parcel, APN:
0229-291-23, also located within Unincorporated San Bernardino County and the City of
Fontana’s Sphere of Influence and which is also proposed to be annexed, is currently designated
Exhibit D
PLANNING COMMISSION RESOLUTION NO. 21-73
GPA DRC2020-00184 – HILLWOOD ENTERPRISES, L.P.
December 8, 2021
Page 2
by San Bernardino County as General (GI) (I-R) and by the City of Fontana as Public Utility (P-
UC); and
b. The existing Land Use, General Plan and Zoning Designations for the project
site and adjacent properties are as follows:
Land Use General Plan Zoning**
Site* Vacant
Heavy Industrial (HI) and Flood
Control Utility Corridor (FC/UC) (for
portion within City); General
Industrial (GI)/ General Industrial (I-
G) (for portion within
County/Fontana SOI)
Industrial Employment
(IE) District (for portion
within City); Regional
Industrial (IR) (within
County) and General
Industrial (M-2) (for
portion within Fontana
SOI)
North Industrial Heavy Industrial (HI) and Flood
Control/Utility Corridor (FC/UC)
Neo-Industrial (NI)
District
South
Industrial
(County/Fontana
SOI)
General Industrial (GI), Special
Development (SD)/General
Industrial (I-G) (within
County/Fontana SOI)
Regional Industrial (IR);
Kaiser Commerce
Center Specific Plan
(KC/SP)/General
Industrial (M-2) (within
County/Fontana SOI)
West
Industrial and
East Etiwanda
Creek
Heavy Industrial (HI) and Flood
Control/Utility Corridor (FC/UC)
Industrial Employment
(IE) District
East San Sevaine
Channel
Open Space (OS) and General
Industrial (GI) (within
County/Fontana SOI)
Regional Industrial
(IR)/Open Space-Natural
(OS-N) (within
County/Fontana SOI)
*In the 2010 General Plan, APN: 0229-291-54 also includes a “floating” designation as a location for a potential public park”
**Prior to the adoption of Ordinance 982, the Industrial Employment (IE) zoning district was referred to as the Heavy Industrial (HI) district
and the Neo-Industrial (NI) district was referred to as the General Industrial (GI) district.
c. This amendment changes the land use for two project related parcels of land
(APN: 0229-291-46 and 0229-291-54) and a portion of a third parcel of land (APN: 0229-291-23
to Heavy Industrial; and
d. This project also necessitates amending the zoning map (DRC2020-00186) to
assign Pre-Zoning designation of APN: 0229-291-46 and a portion of APN: 0229-291-23 to
Industrial Employment.
e. In addition to the subject General Plan Amendment, the project scope includes:
Annexation (DRC2020-00185) to annex APN: 0229-291-46 and a portion of APN: 0229-291-23
PLANNING COMMISSION RESOLUTION NO. 21-73
GPA DRC2020-00184 – HILLWOOD ENTERPRISES, L.P.
December 8, 2021
Page 3
into the City of Rancho Cucamonga; General Plan Amendment (DRC2020-00184) to assign a
land use designation to parcels, or portions thereof, to be annexed, and to redesignate portions
of the project area from Flood Control/Utility Corridor to Heavy Industrial, and remove a Floating
Park designation for APN: 0229-291-54; Pre-Zoning (DRC2020-00186) to assign a pre-zoning
designation to those parcels or portions thereof to be annexed; Tentative Parcel Map
(SUBTPM20251) to create two new parcels; and Design Review (DRC2020-00177), Conditional
Use Permit (DRC2021-00317) and Uniform Sign Program (DRC2020-00178) to permit the use,
construction and signage of the proposed project. The project scope also includes the proposal
by the applicant of a Development Agreement (DRC2021-00180);
3. Based upon the substantial evidence presented to this Commission during the above-
referenced public hearing on December 8, 2021, including written and oral staff reports, together
with public testimony, this Commission hereby specifically finds as follows:
a. Approving the General Plan Amendment is in the public interest as it provides a
single land use designation across the site, including those parcels, or portions thereof to be
annexed as well as the removal of the Floating Park designation. Implementing a land use
designation of Heavy Industrial, consistent with other similarly situated properties within the
vicinity, complies with General Plan Land Use Goal LU-9 which requires that the City “Foster a
cohesive, healthy community through appropriate patterns and scales of development, including
complementary transitions between districts, neighborhoods and land uses.” The development of
the project, including the construction of a new public street as a condition of approval, will
contribute positively to the surrounding area by permitting significant site plan and aesthetic
improvements to an underutilized project site while also improving traffic circulation within the
vicinity of the project area.
4. The General Plan Amendment, in addition to the Annexation, Pre-Zoning, Tentative
Parcel Map, Design Review, Conditional Use Permit, Uniform Sign Program and Development
Agreement (collectively, the “Project”) were environmentally reviewed pursuant to the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City’s Local CEQA
Guidelines. Pursuant to CEQA Guidelines Section 15060(d), the City determined that an EIR
would clearly be required for the Project, and therefore prepared an environmental impact report
(EIR) that focused on the potentially significant effects of the Project Based upon the facts and
information contained in the EIR prepared for the Project and the entire record before it, the
Planning Commission recommends the City Council certify the final EIR, adopt findings of fact
pursuant to CEQA, and adopt the Mitigation Monitoring and Reporting Program (MMRP) for the
project, incorporated herein by this reference, based upon the findings as follows:
a. A Notice of Availability advertising the availability of the Draft EIR was circulated
for a period of 45-days beginning on June 29, 2021 and ending on August 13, 2021; and
b. Pursuant to CEQA Guidelines Section 15025(c), the Planning Commission has
reviewed the EIR in both its draft and final forms, attached as exhibits of the staff report
accompanying the Planning Commission’s consideration of the Project and incorporated herein
by this reference and all comments received regarding the EIR and, based on the whole record
before it, finds that the EIR was prepared in compliance with CEQA; and. The Planning
Commission further finds that this recommendation reflects the independent judgment and
analysis of the Planning Commission; and
c. The Planning Commission has also reviewed and considered the Mitigation
PLANNING COMMISSION RESOLUTION NO. 21-73
GPA DRC2020-00184 – HILLWOOD ENTERPRISES, L.P.
December 8, 2021
Page 4
Monitoring and Reporting Program (MMRP) for the project that has been prepared pursuant to
the requirements of Public Resources Code Section 21081.6 and finds that such Program is
designed to ensure compliance with the mitigation measures during project implementation; and
d. The custodian of records for the EIR, Mitigation Monitoring Program, and all
other materials which constitute the record of proceedings upon which the City Council’s decision
is based is the Planning Director of the City of Rancho Cucamonga. Those documents are
available for public review in the Planning Department of the City of Rancho Cucamonga located
at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above,
this Commission hereby recommends that the City Council approve the application subject to
each and every condition set forth in the Conditions of Approval attached hereto and incorporated
herein by this reference.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 8th DAY OF DECEMBER 2021.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Francisco Oaxaca, Chairman
ATTEST:
Matt Burris, AICP, Secretary
I, Matt Burris, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga,
do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and
adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of
the Planning Commission held on the 8th day of December 2021, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Conditions of Approval
Community Development Department
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
The project shall comply with all mitigation measures identified in the Environmental Impact Report SCH
No. (2020090076) and the corresponding Mitigation Monitoring and Reporting Program.
1.
The proposed public street shall be named Via Maris Place. This street name shall be submitted for
Planning Director review and approval in accordance with the adopted Street Naming Policy prior to
approval of the final map.
2.
Standard Conditions of Approval
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.
3.
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 appropriate discretionary body
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.
4.
This project is subject to public art requirement outlined in Chapter 17.124 of the Development Code, in
accordance with Development Agreement DRC2021-00175. The applicant shall be required to install
art onsite pursuant to Development Code Section 17.124 with a minimum value of $100,000, pursuant
to Development Agreement DRC2021-00175.
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.
5.
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.
6.
www.CityofRC.us
Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
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 at its own expense in the
defense of any such action but such participation shall not relieve applicant of his obligations under this
condition.
7.
Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of
Approval, and all environmental mitigations shall be included on the plans (full size). The sheet (s) are for
information only to all parties involved in the construction /grading activities and are not required to be
wet sealed/stamped by a licensed Engineer/Architect.
8.
The applicant shall be required to pay California Department of Fish and Wildlife Notice of
Determination & Environmental Impact Report fee. All checks are to be made payable to the Clerk of
the Board Supervisors and submitted to the Planning Department within 5 days of the approval of the
project by Planning Commission/City Council.
9.
Front yard and corner side yard landscaping and irrigation shall be required per the Development
Code. This requirement shall be in addition to the required street trees and slope planting. All
landscaping shall be installed to the satisfaction of the Planning Department prior to the issuance of final
occupancy.
10.
A detailed landscape and irrigation plan, including slope planting and model home landscaping in the
case of residential development, shall be prepared by a licensed landscape architect and submitted for
Planning Director review and approval prior to the issuance of Building Permits for the development or
prior final map approval in the case of a custom lot subdivision. For development occurring in the Very
High Fire Hazard Severity Zone, the landscape plans will also be reviewed by Fire Construction
Services.
11.
The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the
required landscape plans and shall be subject to Planning Director review and approval and
coordinated for consistency with any parkway landscaping plan which may be required by the
Engineering Services Department.
12.
Landscaping and irrigation systems required to be installed within the public right -of-way on the
perimeter of this project area shall be continuously maintained by the developer.
13.
The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any
signs proposed for this development shall comply with the Development Code and Uniform Sign
Program approved as part of this application. Sign plans shall be submitted for review and approval by
the Building and Planning Departments as necessary prior to the issuance of sign permits.
14.
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.
15.
www.CityofRC.us Page 2 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
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.
16.
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 office corner of the
building. 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)
screened behind a 4-foot high wall. For this project, these walls shall be constructed of poured in -place
concrete with design elements incorporated to match the building.
17.
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.
Decorative paving shall be provided at each vehicle entrance to the site, behind the public right -of-way.
These decoratively paved areas shall extend from the front property line to the building setback line and
have a width equal to that of the driveway.
18.
Prior to any use of the project site or business activity being commenced thereon, all Conditions of
Approval shall be completed to the satisfaction of the Planning Director.
19.
Occupancy of the facilities shall not commence until such time as all California Building Code and State
Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the
Rancho Cucamonga Fire Protection District and the Building and Safety Services Department to show
compliance. The buildings shall be inspected for compliance and final acceptance granted prior to
occupancy.
20.
All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for
consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building,
etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has
commenced, whichever comes first.
21.
Trash receptacle (s) are required and shall meet City standards. The final design, locations, and the
number of trash receptacles shall be subject to Planning Director review and approval prior to the
issuance of Building Permits.
22.
For commercial and industrial projects, paint roll -up doors and service doors to match main building
colors.
23.
This tentative tract map or tentative parcel map shall expire, unless extended by the Planning
Commission, unless a complete final map is filed with the Engineering Services Department within 3
years from the date of the approval.
24.
All building numbers and individual units shall be identified in a clear and concise manner, including
proper illumination and in conformance with Building and Safety Services Department standards, the
Municipal Code and the Rancho Cucamonga Fire Department (RCFD) Standards.
25.
www.CityofRC.us Page 3 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Engineering Services Department
Please be advised of the following Special Conditions
The existing driveways on Napa Street shall meet City Standard. If the driveways do not meet City
Standard the developer shall be responsible for the reconstruction of the driveways.
1.
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.
2.
Development impact fees are due prior to issuance of a building permit or certificate of occupancy per
the Engineering Fee schedule, Government Code Section 66000, et seq. and local ordinance. Pursuant
to Government Code Section 66020(d), the 90-day approval period in which the applicant may protest
these fees will begin at the date the fees are invoiced. Protests must be made in writing and be
delivered to the City Clerk prior to the close of business on the 90th day of the 90-day approval period
3.
RCMU Requirement: 1)Electric: The Rancho Cucamonga Municipal Utility (RCMU) shall be the
electrical service provider for all project related development. The Developer shall execute a Line
Extension Agreement for electric service and shall construct electrical distribution facilities in
accordance with such agreement and RCMU requirements and dedicate such facilities to the Rancho
Cucamonga Municipal Utility. RCMU’s existing underground electric system will be located off of
Etiwanda Ave.
4.
RCMU Requirement: 2)Fiber: The proposed development is slated to be included in the City ’s
Fiber Optic Master Plan that would provide a City owned Fiber-to-the-Premise (FTTP) infrastructure.
The City will require the developer to install a 1-4” UG Fiber Optic dark conduit on the north side of
Napa Street along the project boundary along with a 3’x4’x3’ pullbox on each end of the route and into
the project boundary. The size, placement and location of the conduit and vaults shall be shown on the
Street Improvement and/or Public Improvement Plans and subject to the Engineering Services
Department's review and approval prior to the issuance of building permits or final map approval,
whichever comes first.
On site, the City will require 1-2” UG HDPE or equal fiber optic conduit to be placed underground within
a duct and structure system to be installed joint trench by the Developer per Standard Drawing 135-137
and interconnected into the City's 4" fiber optic conduit. The size, placement and location of the conduit
and/or vaults shall run into the building's telecommunication room and be shown on the final dry utility
onsite substructure plans and subject to the Engineering Services Department's review and approval
prior to the issuance of building permits or final map approval, whichever comes first.
5.
RCMU Requirement: 3) Streetlights: The existing streetlights along the frontage of the project boundary
will need to be deeded to the City and retrofitted to the City ’s streetlight Standard Drawing 410. New
Streetlights shall be installed along the proposed Industrial Road along the west boundary. Developer
shall be responsible to coordinate and pay all costs of the street lights and to provide power to City
owned street lights.
6.
www.CityofRC.us Page 4 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
No grading, encroachment, or building permits will be issued until the northerly half portion of Napa St. is
annexed into the City.
7.
Relocation of Edison Facilities to the north side of Napa St. must be undergrounded per the City's
Undergrounding Policy. All electrical lines less than 66kv (telephone & cable) shall be undergrounded.
8.
Prior to approval of the parcel map the northerly half of Napa Street shall be annexed into the City.9.
www.CityofRC.us Page 5 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
Developer shall construct the following traffic improvements and dedicate the necessary right -of-way
consistent with the Project's TIA and determined necessary by the City Engineer
For Non-Sort Use
a) [DIF] For the intersection of Etiwanda Avenue and 6th Street - Install a traffic signal
b) [P] For the intersection of 4th Street at the I-15 SB Ramps and Ontario Mills Drive - Modify existing
traffic signal to implement a 130-second cycle length and overlap phasing for the westbound right turn
lane, restripe the southbound approach to provide one left turn lane, one through lane, and dual right turn
lanes. Modify the traffic signal to implement overlap phasing for northbound and southbound right turn
lanes.
For Sort Use
a) [P] For the intersection of Milliken Avenue and 4th Street - Modify the existing traffic signal to
implement overlap phasing on the westbound right turn lane and modify the traffic signal to implement
overlap phasing for the eastbound right turn lane.
b) [P] For the intersection of Etiwanda Avenue and Arrow Route - Install striping to implement a second
southbound left turn lane.
c) For the intersection of Etiwanda Avenue and Napa Street - Install striping to add a northbound right
turn lane and a second left turn lane. Modify the existing traffic signal to implement a northbound right
turn overlap and a westbound right turn overlap.
d) For the intersection of Haven Avenue and 4th Street - Modify the traffic signal to implement an
optimized cycle length.
e) For the intersection of Etiwanda Avenue and the I -10 eastbound ramps - Restripe the eastbound
shared left and right turn lane to a dedicated right turn lane
Reimbursement. An improvement identified as [P] in above is eligible for a 50% reimbursement of the
actual costs if first constructed by Developer and the same improvement is also required to be
constructed by the Bridge Point development. Developer may receive reimbursement of fifty percent
(50%) of the actual cost of these improvements if the improvements are first constructed by Developer
and the same improvements are also required to be constructed by the Bridge Point Rancho
Cucamonga project located at 12434 4th Street. Alternatively, if the improvement is first constructed by
the Bridge Point Rancho Cucamonga project, then Developer shall pay a reimbursement to the City,
which will be passed through to the Bridge Point Rancho Cucamonga project ’s developer, equal to fifty
percent (50%) of the actual cost of the improvements and is not required to construct the improvements .
Improvements identified as [DIF] are currently listed in the City ’s Transportation Development Impact
Fee Program and are eligible for credit and /or reimbursement up to the amounts identified in the
program as of the date of payment of the Transportation Development Impact Fees. If these
improvements are constructed by others prior to the development of this project, no credits or
10.
www.CityofRC.us Page 6 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
reimbursements shall be owed to Developer.
Fair Share Payment in lieu of Remaining Traffic Improvements. In lieu of constructing the opening year
and horizon year (2040) traffic improvements outlined in the TIA but not described above, Developer
shall have the right to pay a fair share fee into the City ’s Industrial Area Traffic Improvement Fund as
determined by the City Engineer (the “Fair Share Fee”). The Fair Share Fee shall be due prior to
issuance of the first certificate of occupancy for the Project.
New Public Street. Developer shall construct, consistent with the City ’s standards and to the satisfaction
of the City Engineer, a new public street on the west side of the Project site from Napa Street to the
Project’s northerly property line with APN 0229-291-55, to be classified as an Industrial Collector
(66-foot full-width right-of-way). Developer shall be responsible for all costs associated with the design
and construction of the new public street.
Standard Conditions of Approval
Dedication shall be made of the following rights -of-way on the perimeter streets (running from north to
south) along the west boundary:
66 total feet on "A" Street
The industrial road shall be located as shown on the conceptual plans along the westerly boundary and
extend from Napa Street northerly to the north property line.
11.
Rights-of-way and easements shall be dedicated to the City for all public streets, public landscape
areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as
shown on the plans and /or tentative map. Private easements for non -public facilities (cross-lot
drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map.
12.
A final drainage study shall be submitted to and approved by the City Engineer prior to the issuance of
Grading Permits. All drainage facilities shall be installed as required by the City Engineer.
13.
Adequate provisions shall be made for acceptance and disposal of surface drainage entering the
property from adjacent areas.
14.
A permit from the San Bernardino County Flood Control District is required if any grading work is
proposed within its right-of-way.
15.
Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from
the outer edge of a mature tree trunk.
16.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
** 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.
17.
Prior to approval of the parcel map or lot merger, a deposit shall be posted with the City covering the
estimated cost of apportioning the assessments under Assessment Districts LMD 3B, SLD 1 & SLD 6
and CFD 85-1 among the newly created parcels.
18.
Permits or approvals shall be obtained from the following agencies for any work that may impact/ is
within their right of way:
a) Metropolitan Water District;
b) San Bernardino County Flood Control District.
c) Southern California Edison
19.
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 a lot merger .
Formation costs shall be borne by the developer. The developer is required to annex into LMD 3B, SLD
1 & SLD 6 and CFD 85-1.
20.
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.
21.
Construct the following perimeter street improvements including, but not limited to:
Street Name: "A" Street & Napa
Curb & Gutter
A.C. Pvmt
Side-walk
Drive Appr.
Street Lights
Street Trees
22.
www.CityofRC.us Page 8 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
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.
23.
Improvement Plans and Construction:
a. Street improvement plans, including street trees, street lights, and intersection safety lights on future
signal poles, and traffic signal 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.
d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project
along major or secondary streets and at intersections for future traffic signals and interconnect wiring .
Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other
locations approved by 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.
24.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
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 the Public Improvement Plan." Where public
landscape plans are required, tree installation in those areas shall be per the public landscape
improvement plans.
Street Name: Napa Street and Industrial Street
Botanical Name: Platanus Racemosa
Common Name: California Sycamore
Min. Grow Space: 40' o/c
Spacing: 50' o/c
Size: 15 gal. min.
Qty.: to be determined during design
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.
25.
Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted
policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including
driveways. Local residential street intersections and commercial or industrial driveways may have lines
of sight plotted as required.
26.
During construction of "A" Street access shall be maintained for property to the north of the project site.27.
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.
28.
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.
29.
The developer shall be responsible for the relocation of existing utilities as necessary. Prior to the
approval of the Parcel/Final Map, or issuance of a rough or precise grading plan (whichever comes
first), the developer shall provide a non -interference letter (or equivalent) from Southern California
Edison Company.
30.
www.CityofRC.us Page 10 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric
power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements
shall be provided as required.
31.
Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga
Valley Water District (CVWD), other local water or sewer districts, Rancho Cucamonga Fire Protection
District, and the Environmental Health Department of the County of San Bernardino. A letter of
compliance from the CVWD is required prior to final map approval or issuance of permits, whichever
occurs first. Such letter must have been issued by the water district within 90 days prior to final map
approval in the case of subdivision or prior to the issuance of permits in the case of all other residential
projects.
32.
Fire Prevention / New Construction Unit
Standard Conditions of Approval
The parcel in Rancho Cucamonga and the parcel proposed to be annexed into the City are 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.
Locking and latching hardware for access doors is required to be operable from the exterior of the
building and is required to be single action latch/lock release on the interior of the building.
2.
Access doors are required to be identified in accordance with Fire District Standard 5-5. The Standard
has been uploaded to the Documents section.
3.
Access doors are required to be distributed along the exterior of the building such that the lineal
distance between adjacent access doors does not exceed 125 feet measured center to center.
4.
Required alarm systems and supervision systems are required to be in accordance with Fire District
Standard 9-3. The Standard has been uploaded to the Documents section.
5.
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.
6.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Fire Prevention / New Construction Unit
Standard Conditions of Approval
The location, size, construction materials, or other features of this building and the associated project
are such that adequate emergency responder radio coverage may not be achievable within the building
that is proposed. It is highly recommended that a radio signal strength assessment is completed by San
Bernardino County Information Services Department (ISD). Please contact Tim Trager with County ISD
at 909-388-5563 or ttrager@isd.sbcounty.gov
Upon substantial completion and final completion of construction, the fire code official will oversee a
radio signal strength test that is in accordance with the California Fire Code. If acceptable radio
coverage cannot be achieved after construction is completed, equipment necessary to increase the
radio signal strength or otherwise allow adequate emergency responder radio communication will be
required to be installed.
7.
Fire flow information for this project is obtained from the Fontana Water Compnay (FWC). FWC can be
reached at 909-822-2201 or CustomerService@fontanawater.com.
8.
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. 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.
9.
Fire sprinkler are required to be installed in accordance with Fire District Standard 9-5. The Standard
has been uploaded to the Documents section.
10.
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.
11.
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.
12.
A Knox or Fire District padlock is required to be incorporated into the security system for a manually
operated gate that are installed across or provides access to a fire access road (fire lane).
13.
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.
14.
Roof access is required to be in accordance with Fire District Standard 5-6. The Standard has been
uploaded to the Documents section.
15.
Designated and conforming aerial apparatus access is required in accordance with Fire District
Standard 5-1. Show aerial apparatus access on the fire access plan. The Standard has been uploaded
to the Documents section.
16.
www.CityofRC.us Page 12 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Fire Prevention / New Construction Unit
Standard Conditions of Approval
Fire apparatus access (fire lane) design, construction, and identification are required to be in
accordance with Fire District Standard 5-1. The Standard has been uploaded to the Documents
section.
17.
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.
18.
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.
19.
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.
20.
Public and private fire service water mains, public and private hydrants, water control valves, fire
sprinkler risers, fire department connections (FDCs), and other fire protection water related devices and
equipment are required to be provided, designed, and installed in accordance with Fire District
Standard 5-10. The Standard has 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, energy calculations and soils report 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 which are effective at the time of Plan Check Submittal. The new structures are required to be
equipped with automatic fire sprinklers per the California Building Code and Current RCFPD
Ordinance. Disabled access for the site and buildings must be in accordance to the State of California
and ADA regulations. If it is anticipated that there will be a need for temporary fire protection water
supply and/or temporary fire access, submit a separate plan for review and approval that complies with
RCFD Standard 33-3.
Where no public sewer is available an onsite wastewater system for each building shall be designed
and installed per the Local Agency Management Program Ordinance No. 936. A separate submittal
and permit is required for this submittal.
The Metropolitan Water District (MWD) Feeder Line shall be protected from building surcharge and
vehicular loading as noted in the MWD letter dated June 2, 2020. A letter of review and approval from
MWD of the grading plan, drainage plan, septic plan, and building plans is required prior to issuance of
a building permit.
1.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Prior to issuance of a grading permit for non -residential projects the applicant shall show on the
electrical plans and the permitted grading plan set the location for a future installation of an Electric
Vehicle (EV) charging station/parking area per the current adopted California Green Building
Standards Code, section 5.106.5.3.
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 Engineering Services Department prior to the issuance of
building permits.
4.
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”.
5.
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.
6.
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.
7.
If a Rough Grading and Drainage Plan /Permit are submitted to the Engineering Services Department
for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading
and Drainage Plan/Permit.
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.
www.CityofRC.us Page 14 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking
stall gradient at 7 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 City Engineer, or his designee.
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.
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.
All roof drainage flowing to the public right of way (Napa Street) must drain under the sidewalk through a
parkway culvert approved by the Engineering Department. This shall be shown on both the grading and
drainage plan and Engineering Services Department required plans.
17.
Prior to issuance of a grading permit the applicant shall show on the site plan and the permitted grading
plan set for non-residential projects the designated parking for clean air vehicles per the current
adopted California Green Building Standards Code, section 5.106.5.2.
18.
Prior to approval of the project -specific storm water quality management plan, the applicant shall submit
to the City Engineer, 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.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
A drainage study showing a 100-year, AMC 3 design storm event for on -site drainage shall be
prepared and submitted to the Engineering Services Department 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.
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.
21.
San Bernardino County Flood Control District (SBCFCD) shall approve all plans that impact their right
of way, including utilities, storm drain, slopes, and street trees and landscaping prior to issuance of a
grading permit. A note shall be included on all pertinent plans requiring SBCFCD to be notified two
working days prior to starting any work in the vicinity of their easement.
22.
Prior to issuance of a grading permit the applicant shall obtain written comments from San Bernardino
County Flood Control District regarding site design restrictions within their easement and provide a
copy of said comments to the Engineering Services Department for review.
23.
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).
24.
Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of
the project Conditions of Approval.
25.
Metropolitan Water District (MWD) shall approve all plans that impact their easement, including utilities,
storm drain, slopes, and street trees and landscaping prior to issuance of a grading permit. A note shall
be included on all pertinent plans requiring Metropolitan Water District Operations Maintenance Branch
to be notified two working days prior to starting any work in the vicinity of their easement.
26.
Prior to issuance of a grading permit the applicant shall obtain written comments from MWD regarding
site design restrictions within their easement and provide a copy of said comments to the City Engineer
for review.
27.
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
Engineering Services Department and then recorded with the County Recorder’s Office.
28.
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.
29.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for
each underground infiltration device, with the Facility ID Number assigned, to the Engineering Services
Department Official prior to issuance of the Grading Permit and /or approval of the project-specific
Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the
permitted grading plan set, and a copy of said form shall be included in the project -specific Water
Quality Management Plan.
30.
The land owner shall provide an inspection report by a qualified person /company on a biennial basis for
the Class V Injection Wells /underground infiltration chambers to the City of Rancho Cucamonga
Environmental Program Manager. The land owner shall maintain on a regular basis all best
management practices (BMP”s) as described in the Storm Water Quality Management Plan (WQMP)
prepared for the subject project. All costs associated with the underground infiltration chamber are the
responsibility of the land owner.
31.
The land owner shall provide an inspection report on a biennial basis for the structural storm water
treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental
Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water
Quality Management Plan prepared for the subject project. All costs associated with the underground
infiltration chamber are the responsibility of the land owner.
32.
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.
33.
A final project-specific Storm Water Quality Management Plan (WQMP) shall be approved by the City
Engineer, 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.
34.
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.
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.
www.CityofRC.us Page 17 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
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.
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.
40.
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.
41.
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.
42.
www.CityofRC.us Page 18 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
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.
43.
Prior to the issuance of a grading permit by the City of Rancho Cucamonga, the applicant shall obtain
grading permits from the two adjacent parcels that front along Napa Street, from the Authority Having
Jurisdiction (AHJ) over those parcels.
44.
www.CityofRC.us Page 19 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Written permission shall be obtained from Metropolitan Water District (MWD) for any work within their
right-of-way, including grading prior to issuance of a grading permit.
45.
A permit shall be obtained from San Bernardino County Flood Control District if any work is proposed
within their right-of-way, including grading prior to issuance of a grading permit.
46.
www.CityofRC.us Page 20 of 20Printed: 12/2/2021
RESOLUTION NO. 21-74
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL CONSENT TO ANNEXATION
DRC2020-00185 AND ADOPT PREZONING DRC2020-00186 IN
CONNECTION WITH THE PROPOSED DEVELOPMENT OF TWO
NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY
655,878 SQUARE FEET ON AN APPROXIMATE 35-ACRE
PROJECT SITE LOCATED APPROXIMATELY 650 FEET EAST OF
ETIWANDA AVENUE NORTH OF NAPA STREET, AND MAKING
FINDINGS IN SUPPORT THEREOF – APNs: 0229-291-23, 46 AND
54
A.Recitals.
1.Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P., filed an application
for the approval of Prezoning DRC2020-00186 (the “Prezoning”), as described in the title of this
Resolution, relative to a concurrent application for Annexation DRC2020-00185 (the “Annexation”).
The Prezoning and Annexation are part of a proposed development of two new industrial buildings
totaling approximately 655,878 square feet on an approximately 35-acre project site located
approximately 650 feet east of Etiwanda Avenue and north of Napa Street, APNs: 0229-291-23, 46
and 54 (the “Project Site”)
2. Prezoning DRC2020-00186 (the “Prezoning”) is depicted in Exhibit “A,” attached hereto
and incorporated herein by this reference, in order to pre-zone the portion of the Project Area,
specifically a 2.9-acre parcel identified as APN: 0229-291-46 and a 0.69-acre portion of a parcel
identified as APN: 0229-291-23 currently located within unincorporated San Bernardino County and
within the City of Fontana’s Sphere of Influence (the “Annexation Area”), and ultimately incorporate
these parcels and portions thereof into the City’s official Zoning Map. To accomplish this objective,
the Prezoning would zone the entire Project Area as Industrial Employment (IE), which would
implement the General Plan’s regulating zones across the Project Area. The entire Project Area is
also zoned Industrial Employment (IE), which would continue to apply to the Project Area after
approval of the Project and annexation of the unincorporated Project Area into the City.
3.The applicant is expected to submit a petition to annex the unincorporated portions of
the Project Site into the City of Rancho Cucamonga. To that end, the City and the Rancho
Cucamonga Fire Protection District must consent to the annexation and approve plans of service for
their respective agencies.
4.On December 8, 2021, the Planning Commission opened a duly noticed public hearing
on the application and concluded the hearing on that date.
5.All legal prerequisites prior to the adoption of this Resolution have occurred.
B.Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning
Commission of the City of Rancho Cucamonga as follows:
Exhibit E
PLANNING COMMISSION RESOLUTION NO. 21-74
ANNEXATION DRC2020-00185, ADOPT PREZONING DRC2020-00186 – HILLWOOD
ENTERPRISES, L.P.
December 8, 2021
Page 2
1. Recitals. The Commission hereby specifically finds that all of the facts set forth in
the Recitals, Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Commission during the
above-referenced public hearings of December 8, 2021, including written and oral staff reports,
together with public testimony, this Commission hereby specifically finds as follows:
a. In addition to Annexation DRC2020-00185 and Prezoning DRC2020-00186, the
project scope includes: General Plan Amendment (DRC2020-00184), to assign a land use
designation to parcels, and portions thereof, to be annexed, and to redesignate portions of the
project area from Flood Control/Utility Corridor to Heavy Industrial, and remove a Floating Park
designation for APN: 0229-291-54; Tentative Parcel Map (SUBTPM20251) to create two new
parcels; and Design Review (DRC2020-00177), Conditional Use Permit (DRC2021-00317), and
Uniform Sign Program (DRC2020-00178) to permit the use, construction and signage of the
proposed project. The project also includes a Development Agreement (DRC2021-00180); and
b. The Project Site includes APN 0229-291-46 which is currently located within
unincorporated San Bernardino County and within the City of Fontana’s Sphere of Influence and
currently has a zoning designation of Regional Industrial (I-R) under San Bernardino County and
General Industrial (M-2) under the City of Fontana; and
c. The application also requests the Annexation and Prezoning of an additional 0.69-
acre portion of a parcel identified as APN: 0229-291-23. This parcel, also currently located within
unincorporated San Bernardino County and the City of Fontana’s Sphere of Influence currently has
a zoning designation of Regional Industrial (I-R) under San Bernardino County and a zoning
designation of Public Utility (P-UC) under the City of Fontana; and
d. Upon approval of the Prezoning and following approval of the Annexation by
LAFCO, both parcels APN: 0229-291-46 and APN: 0229-291-23 will be assigned a zoning
designation of Industrial Employment (IE) by the City of Rancho Cucamonga, which is consistent
with the existing zoning classification of the remainder of the Project Site which is currently located
within the City; and
e. The City Council and Fire Protection District Board must consent to the Annexation
and adopt plans for service for the Annexation Area.
f. As reflected in Exhibit “A,” upon approval of the Annexation and Prezoning, these
parcels will be assigned a land use designation of Heavy Industrial pursuant to the City of Rancho
Cucamonga General Plan with a zoning designation of Industrial employment (IE).
3. CEQA. The Annexation and Prezoning, in addition to the General Plan Amendment,
Tentative Parcel Map, Design Review Conditional Use Permit, Uniform Sign Program and
Development Agreement (collectively, the “Project”) were environmentally reviewed pursuant to the
California Environmental Quality Act (CEQA) and the State CEQA Guidelines. Pursuant to CEQA
Guidelines Section 15060(d), the City determined that an EIR would clearly be required for the
Project, and therefore prepared an environmental impact report (EIR) that focused on the potentially
significant effects of the Project Based upon the facts and information contained in the EIR
prepared for the Project and the entire record before it, the Planning Commission recommends the
PLANNING COMMISSION RESOLUTION NO. 21-74
ANNEXATION DRC2020-00185, ADOPT PREZONING DRC2020-00186 – HILLWOOD
ENTERPRISES, L.P.
December 8, 2021
Page 3
City Council certify the final EIR, adopt findings of fact pursuant to CEQA, and adopt the Mitigation
Monitoring and Reporting Program (MMRP) for the project, incorporated herein by this reference,
based upon the findings as follows.
a. A Notice of Availability advertising the availability of the Draft EIR was circulated
for a period of 45-days beginning on June 29, 2021 and ending on August 13, 2021; and
b. The Planning Commission has reviewed the EIR and Final EIR and, based on the
whole record before it, finds: (i) that the EIR was prepared in compliance with CEQA; and (ii) that,
based on the imposition of mitigation measures, there is no substantial evidence that the project will
have a significant effect on the environment. The Planning Commission further finds that the EIR
reflects the independent judgment and analysis of the Planning Commission. Based on these
findings, the Planning Commission, therefore, recommends the City Council adopt the EIR; and
c. The Planning Commission has also reviewed and considered the Mitigation
Monitoring and Reporting Program (MMRP) for the project that has been prepared pursuant to the
requirements of Public Resources Code Section 21081.6 and finds that such Program is designed
to ensure compliance with the mitigation measures during project implementation. The Planning
Commission, therefore, recommends the City Council adopt the MMRP for the project; and
d. The custodian of records for the EIR, Mitigation Monitoring Program, and all other
materials which constitute the record of proceedings upon which the City Council’s decision is
based is the Planning Director of the City of Rancho Cucamonga. Those documents are available
for public review in the Planning Department of the City of Rancho Cucamonga located at 10500
Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750.
4. Findings. Based upon all available evidence presented to the Planning Commission
during the above-referenced public hearing December 8, 2021, including written and oral staff
reports, together with public testimony, this Commission hereby specifically finds as follows:
a. The Planning Commission has independently reviewed the General Plan
Consistency Analysis included as Table 4.11-5 in the EIR. Based on this comprehensive
consistency analysis, the Planning Commission finds that, subject to the City Council’s approval of
the related documents and approvals associated with the Project (Annexation DRC2020-00185,
Prezoning DRC2020-00186, General Plan Amendment DRC2020-00184, Tentative Parcel Map
SUBTPM20251, Design Review (DRC2020-00177), Conditional Use Permit (DRC2021-00317),
Uniform Sign Program (DRC2020-00178) and Development Agreement DRC2021-00180, the
Annexation and Prezoning would be consistent with the goals, policies and implementation
programs of the General Plan and will not conflict with any specific plan applicable to the Project
Area.
b. Approval of the Annexation and Prezoning would not be materially injurious
or detrimental to adjacent properties.
c. The findings set forth in this Resolution reflect the independent judgment of
the Planning Commission.
PLANNING COMMISSION RESOLUTION NO. 21-74
ANNEXATION DRC2020-00185, ADOPT PREZONING DRC2020-00186 – HILLWOOD
ENTERPRISES, L.P.
December 8, 2021
Page 4
5. Recommendation. On the basis of the foregoing and all of the evidence in the
administrative record before it, the Planning Commission hereby recommends that the City Council
adopt Prezoning DRC2020-00186, attached hereto as Exhibit “A,” and that the City Council consent
to Annexation DRC2020-00185 and adopt the associated plan for service.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 8th DAY OF DECEMBER 2021.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Francisco Oaxaca, Chairman
ATTEST:
Matt Burris, AICP, Secretary
I, Matt Burris, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do
hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted
by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the
Planning Commission held on the 8th day of December, 2021, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABTAIN: COMMISSIONERS:
PLANNING COMMISSION RESOLUTION NO. 21-74
ANNEXATION DRC2020-00185, ADOPT PREZONING DRC2020-00186 – HILLWOOD
ENTERPRISES, L.P.
December 8, 2021
Page 5
Exhibit A
Prezoning DRC2020-00186
PLANNING COMMISSION RESOLUTION NO. 21-74
ANNEXATION DRC2020-00185, ADOPT PREZONING DRC2020-00186 – HILLWOOD
ENTERPRISES, L.P.
December 8, 2021
Page 6
Conditions of Approval
Community Development Department
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
The project shall comply with all mitigation measures identified in the Environmental Impact Report SCH
No. (2020090076) and the corresponding Mitigation Monitoring and Reporting Program.
1.
The proposed public street shall be named Via Maris Place. This street name shall be submitted for
Planning Director review and approval in accordance with the adopted Street Naming Policy prior to
approval of the final map.
2.
Standard Conditions of Approval
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.
3.
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 appropriate discretionary body
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.
4.
This project is subject to public art requirement outlined in Chapter 17.124 of the Development Code, in
accordance with Development Agreement DRC2021-00175. The applicant shall be required to install
art onsite pursuant to Development Code Section 17.124 with a minimum value of $100,000, pursuant
to Development Agreement DRC2021-00175.
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.
5.
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.
6.
www.CityofRC.us
Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
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 at its own expense in the
defense of any such action but such participation shall not relieve applicant of his obligations under this
condition.
7.
Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of
Approval, and all environmental mitigations shall be included on the plans (full size). The sheet (s) are for
information only to all parties involved in the construction /grading activities and are not required to be
wet sealed/stamped by a licensed Engineer/Architect.
8.
The applicant shall be required to pay California Department of Fish and Wildlife Notice of
Determination & Environmental Impact Report fee. All checks are to be made payable to the Clerk of
the Board Supervisors and submitted to the Planning Department within 5 days of the approval of the
project by Planning Commission/City Council.
9.
Front yard and corner side yard landscaping and irrigation shall be required per the Development
Code. This requirement shall be in addition to the required street trees and slope planting. All
landscaping shall be installed to the satisfaction of the Planning Department prior to the issuance of final
occupancy.
10.
A detailed landscape and irrigation plan, including slope planting and model home landscaping in the
case of residential development, shall be prepared by a licensed landscape architect and submitted for
Planning Director review and approval prior to the issuance of Building Permits for the development or
prior final map approval in the case of a custom lot subdivision. For development occurring in the Very
High Fire Hazard Severity Zone, the landscape plans will also be reviewed by Fire Construction
Services.
11.
The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the
required landscape plans and shall be subject to Planning Director review and approval and
coordinated for consistency with any parkway landscaping plan which may be required by the
Engineering Services Department.
12.
Landscaping and irrigation systems required to be installed within the public right -of-way on the
perimeter of this project area shall be continuously maintained by the developer.
13.
The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any
signs proposed for this development shall comply with the Development Code and Uniform Sign
Program approved as part of this application. Sign plans shall be submitted for review and approval by
the Building and Planning Departments as necessary prior to the issuance of sign permits.
14.
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.
15.
www.CityofRC.us Page 2 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
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.
16.
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 office corner of the
building. 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)
screened behind a 4-foot high wall. For this project, these walls shall be constructed of poured in -place
concrete with design elements incorporated to match the building.
17.
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.
Decorative paving shall be provided at each vehicle entrance to the site, behind the public right -of-way.
These decoratively paved areas shall extend from the front property line to the building setback line and
have a width equal to that of the driveway.
18.
Prior to any use of the project site or business activity being commenced thereon, all Conditions of
Approval shall be completed to the satisfaction of the Planning Director.
19.
Occupancy of the facilities shall not commence until such time as all California Building Code and State
Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the
Rancho Cucamonga Fire Protection District and the Building and Safety Services Department to show
compliance. The buildings shall be inspected for compliance and final acceptance granted prior to
occupancy.
20.
All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for
consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building,
etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has
commenced, whichever comes first.
21.
Trash receptacle (s) are required and shall meet City standards. The final design, locations, and the
number of trash receptacles shall be subject to Planning Director review and approval prior to the
issuance of Building Permits.
22.
For commercial and industrial projects, paint roll -up doors and service doors to match main building
colors.
23.
This tentative tract map or tentative parcel map shall expire, unless extended by the Planning
Commission, unless a complete final map is filed with the Engineering Services Department within 3
years from the date of the approval.
24.
All building numbers and individual units shall be identified in a clear and concise manner, including
proper illumination and in conformance with Building and Safety Services Department standards, the
Municipal Code and the Rancho Cucamonga Fire Department (RCFD) Standards.
25.
www.CityofRC.us Page 3 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Engineering Services Department
Please be advised of the following Special Conditions
The existing driveways on Napa Street shall meet City Standard. If the driveways do not meet City
Standard the developer shall be responsible for the reconstruction of the driveways.
1.
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.
2.
Development impact fees are due prior to issuance of a building permit or certificate of occupancy per
the Engineering Fee schedule, Government Code Section 66000, et seq. and local ordinance. Pursuant
to Government Code Section 66020(d), the 90-day approval period in which the applicant may protest
these fees will begin at the date the fees are invoiced. Protests must be made in writing and be
delivered to the City Clerk prior to the close of business on the 90th day of the 90-day approval period
3.
RCMU Requirement: 1)Electric: The Rancho Cucamonga Municipal Utility (RCMU) shall be the
electrical service provider for all project related development. The Developer shall execute a Line
Extension Agreement for electric service and shall construct electrical distribution facilities in
accordance with such agreement and RCMU requirements and dedicate such facilities to the Rancho
Cucamonga Municipal Utility. RCMU’s existing underground electric system will be located off of
Etiwanda Ave.
4.
RCMU Requirement: 2)Fiber: The proposed development is slated to be included in the City ’s
Fiber Optic Master Plan that would provide a City owned Fiber-to-the-Premise (FTTP) infrastructure.
The City will require the developer to install a 1-4” UG Fiber Optic dark conduit on the north side of
Napa Street along the project boundary along with a 3’x4’x3’ pullbox on each end of the route and into
the project boundary. The size, placement and location of the conduit and vaults shall be shown on the
Street Improvement and/or Public Improvement Plans and subject to the Engineering Services
Department's review and approval prior to the issuance of building permits or final map approval,
whichever comes first.
On site, the City will require 1-2” UG HDPE or equal fiber optic conduit to be placed underground within
a duct and structure system to be installed joint trench by the Developer per Standard Drawing 135-137
and interconnected into the City's 4" fiber optic conduit. The size, placement and location of the conduit
and/or vaults shall run into the building's telecommunication room and be shown on the final dry utility
onsite substructure plans and subject to the Engineering Services Department's review and approval
prior to the issuance of building permits or final map approval, whichever comes first.
5.
RCMU Requirement: 3) Streetlights: The existing streetlights along the frontage of the project boundary
will need to be deeded to the City and retrofitted to the City ’s streetlight Standard Drawing 410. New
Streetlights shall be installed along the proposed Industrial Road along the west boundary. Developer
shall be responsible to coordinate and pay all costs of the street lights and to provide power to City
owned street lights.
6.
www.CityofRC.us Page 4 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
No grading, encroachment, or building permits will be issued until the northerly half portion of Napa St. is
annexed into the City.
7.
Relocation of Edison Facilities to the north side of Napa St. must be undergrounded per the City's
Undergrounding Policy. All electrical lines less than 66kv (telephone & cable) shall be undergrounded.
8.
Prior to approval of the parcel map the northerly half of Napa Street shall be annexed into the City.9.
www.CityofRC.us Page 5 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
Developer shall construct the following traffic improvements and dedicate the necessary right -of-way
consistent with the Project's TIA and determined necessary by the City Engineer
For Non-Sort Use
a) [DIF] For the intersection of Etiwanda Avenue and 6th Street - Install a traffic signal
b) [P] For the intersection of 4th Street at the I-15 SB Ramps and Ontario Mills Drive - Modify existing
traffic signal to implement a 130-second cycle length and overlap phasing for the westbound right turn
lane, restripe the southbound approach to provide one left turn lane, one through lane, and dual right turn
lanes. Modify the traffic signal to implement overlap phasing for northbound and southbound right turn
lanes.
For Sort Use
a) [P] For the intersection of Milliken Avenue and 4th Street - Modify the existing traffic signal to
implement overlap phasing on the westbound right turn lane and modify the traffic signal to implement
overlap phasing for the eastbound right turn lane.
b) [P] For the intersection of Etiwanda Avenue and Arrow Route - Install striping to implement a second
southbound left turn lane.
c) For the intersection of Etiwanda Avenue and Napa Street - Install striping to add a northbound right
turn lane and a second left turn lane. Modify the existing traffic signal to implement a northbound right
turn overlap and a westbound right turn overlap.
d) For the intersection of Haven Avenue and 4th Street - Modify the traffic signal to implement an
optimized cycle length.
e) For the intersection of Etiwanda Avenue and the I -10 eastbound ramps - Restripe the eastbound
shared left and right turn lane to a dedicated right turn lane
Reimbursement. An improvement identified as [P] in above is eligible for a 50% reimbursement of the
actual costs if first constructed by Developer and the same improvement is also required to be
constructed by the Bridge Point development. Developer may receive reimbursement of fifty percent
(50%) of the actual cost of these improvements if the improvements are first constructed by Developer
and the same improvements are also required to be constructed by the Bridge Point Rancho
Cucamonga project located at 12434 4th Street. Alternatively, if the improvement is first constructed by
the Bridge Point Rancho Cucamonga project, then Developer shall pay a reimbursement to the City,
which will be passed through to the Bridge Point Rancho Cucamonga project ’s developer, equal to fifty
percent (50%) of the actual cost of the improvements and is not required to construct the improvements .
Improvements identified as [DIF] are currently listed in the City ’s Transportation Development Impact
Fee Program and are eligible for credit and /or reimbursement up to the amounts identified in the
program as of the date of payment of the Transportation Development Impact Fees. If these
improvements are constructed by others prior to the development of this project, no credits or
10.
www.CityofRC.us Page 6 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
reimbursements shall be owed to Developer.
Fair Share Payment in lieu of Remaining Traffic Improvements. In lieu of constructing the opening year
and horizon year (2040) traffic improvements outlined in the TIA but not described above, Developer
shall have the right to pay a fair share fee into the City ’s Industrial Area Traffic Improvement Fund as
determined by the City Engineer (the “Fair Share Fee”). The Fair Share Fee shall be due prior to
issuance of the first certificate of occupancy for the Project.
New Public Street. Developer shall construct, consistent with the City ’s standards and to the satisfaction
of the City Engineer, a new public street on the west side of the Project site from Napa Street to the
Project’s northerly property line with APN 0229-291-55, to be classified as an Industrial Collector
(66-foot full-width right-of-way). Developer shall be responsible for all costs associated with the design
and construction of the new public street.
Standard Conditions of Approval
Dedication shall be made of the following rights -of-way on the perimeter streets (running from north to
south) along the west boundary:
66 total feet on "A" Street
The industrial road shall be located as shown on the conceptual plans along the westerly boundary and
extend from Napa Street northerly to the north property line.
11.
Rights-of-way and easements shall be dedicated to the City for all public streets, public landscape
areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as
shown on the plans and /or tentative map. Private easements for non -public facilities (cross-lot
drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map.
12.
A final drainage study shall be submitted to and approved by the City Engineer prior to the issuance of
Grading Permits. All drainage facilities shall be installed as required by the City Engineer.
13.
Adequate provisions shall be made for acceptance and disposal of surface drainage entering the
property from adjacent areas.
14.
A permit from the San Bernardino County Flood Control District is required if any grading work is
proposed within its right-of-way.
15.
Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from
the outer edge of a mature tree trunk.
16.
www.CityofRC.us Page 7 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
** 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.
17.
Prior to approval of the parcel map or lot merger, a deposit shall be posted with the City covering the
estimated cost of apportioning the assessments under Assessment Districts LMD 3B, SLD 1 & SLD 6
and CFD 85-1 among the newly created parcels.
18.
Permits or approvals shall be obtained from the following agencies for any work that may impact/ is
within their right of way:
a) Metropolitan Water District;
b) San Bernardino County Flood Control District.
c) Southern California Edison
19.
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 a lot merger .
Formation costs shall be borne by the developer. The developer is required to annex into LMD 3B, SLD
1 & SLD 6 and CFD 85-1.
20.
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.
21.
Construct the following perimeter street improvements including, but not limited to:
Street Name: "A" Street & Napa
Curb & Gutter
A.C. Pvmt
Side-walk
Drive Appr.
Street Lights
Street Trees
22.
www.CityofRC.us Page 8 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
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.
23.
Improvement Plans and Construction:
a. Street improvement plans, including street trees, street lights, and intersection safety lights on future
signal poles, and traffic signal 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.
d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project
along major or secondary streets and at intersections for future traffic signals and interconnect wiring .
Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other
locations approved by 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.
24.
www.CityofRC.us Page 9 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
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 the Public Improvement Plan." Where public
landscape plans are required, tree installation in those areas shall be per the public landscape
improvement plans.
Street Name: Napa Street and Industrial Street
Botanical Name: Platanus Racemosa
Common Name: California Sycamore
Min. Grow Space: 40' o/c
Spacing: 50' o/c
Size: 15 gal. min.
Qty.: to be determined during design
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.
25.
Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted
policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including
driveways. Local residential street intersections and commercial or industrial driveways may have lines
of sight plotted as required.
26.
During construction of "A" Street access shall be maintained for property to the north of the project site.27.
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.
28.
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.
29.
The developer shall be responsible for the relocation of existing utilities as necessary. Prior to the
approval of the Parcel/Final Map, or issuance of a rough or precise grading plan (whichever comes
first), the developer shall provide a non -interference letter (or equivalent) from Southern California
Edison Company.
30.
www.CityofRC.us Page 10 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric
power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements
shall be provided as required.
31.
Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga
Valley Water District (CVWD), other local water or sewer districts, Rancho Cucamonga Fire Protection
District, and the Environmental Health Department of the County of San Bernardino. A letter of
compliance from the CVWD is required prior to final map approval or issuance of permits, whichever
occurs first. Such letter must have been issued by the water district within 90 days prior to final map
approval in the case of subdivision or prior to the issuance of permits in the case of all other residential
projects.
32.
Fire Prevention / New Construction Unit
Standard Conditions of Approval
The parcel in Rancho Cucamonga and the parcel proposed to be annexed into the City are 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.
Locking and latching hardware for access doors is required to be operable from the exterior of the
building and is required to be single action latch/lock release on the interior of the building.
2.
Access doors are required to be identified in accordance with Fire District Standard 5-5. The Standard
has been uploaded to the Documents section.
3.
Access doors are required to be distributed along the exterior of the building such that the lineal
distance between adjacent access doors does not exceed 125 feet measured center to center.
4.
Required alarm systems and supervision systems are required to be in accordance with Fire District
Standard 9-3. The Standard has been uploaded to the Documents section.
5.
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.
6.
www.CityofRC.us Page 11 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Fire Prevention / New Construction Unit
Standard Conditions of Approval
The location, size, construction materials, or other features of this building and the associated project
are such that adequate emergency responder radio coverage may not be achievable within the building
that is proposed. It is highly recommended that a radio signal strength assessment is completed by San
Bernardino County Information Services Department (ISD). Please contact Tim Trager with County ISD
at 909-388-5563 or ttrager@isd.sbcounty.gov
Upon substantial completion and final completion of construction, the fire code official will oversee a
radio signal strength test that is in accordance with the California Fire Code. If acceptable radio
coverage cannot be achieved after construction is completed, equipment necessary to increase the
radio signal strength or otherwise allow adequate emergency responder radio communication will be
required to be installed.
7.
Fire flow information for this project is obtained from the Fontana Water Compnay (FWC). FWC can be
reached at 909-822-2201 or CustomerService@fontanawater.com.
8.
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. 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.
9.
Fire sprinkler are required to be installed in accordance with Fire District Standard 9-5. The Standard
has been uploaded to the Documents section.
10.
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.
11.
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.
12.
A Knox or Fire District padlock is required to be incorporated into the security system for a manually
operated gate that are installed across or provides access to a fire access road (fire lane).
13.
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.
14.
Roof access is required to be in accordance with Fire District Standard 5-6. The Standard has been
uploaded to the Documents section.
15.
Designated and conforming aerial apparatus access is required in accordance with Fire District
Standard 5-1. Show aerial apparatus access on the fire access plan. The Standard has been uploaded
to the Documents section.
16.
www.CityofRC.us Page 12 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Fire Prevention / New Construction Unit
Standard Conditions of Approval
Fire apparatus access (fire lane) design, construction, and identification are required to be in
accordance with Fire District Standard 5-1. The Standard has been uploaded to the Documents
section.
17.
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.
18.
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.
19.
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.
20.
Public and private fire service water mains, public and private hydrants, water control valves, fire
sprinkler risers, fire department connections (FDCs), and other fire protection water related devices and
equipment are required to be provided, designed, and installed in accordance with Fire District
Standard 5-10. The Standard has 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, energy calculations and soils report 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 which are effective at the time of Plan Check Submittal. The new structures are required to be
equipped with automatic fire sprinklers per the California Building Code and Current RCFPD
Ordinance. Disabled access for the site and buildings must be in accordance to the State of California
and ADA regulations. If it is anticipated that there will be a need for temporary fire protection water
supply and/or temporary fire access, submit a separate plan for review and approval that complies with
RCFD Standard 33-3.
Where no public sewer is available an onsite wastewater system for each building shall be designed
and installed per the Local Agency Management Program Ordinance No. 936. A separate submittal
and permit is required for this submittal.
The Metropolitan Water District (MWD) Feeder Line shall be protected from building surcharge and
vehicular loading as noted in the MWD letter dated June 2, 2020. A letter of review and approval from
MWD of the grading plan, drainage plan, septic plan, and building plans is required prior to issuance of
a building permit.
1.
www.CityofRC.us Page 13 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Prior to issuance of a grading permit for non -residential projects the applicant shall show on the
electrical plans and the permitted grading plan set the location for a future installation of an Electric
Vehicle (EV) charging station/parking area per the current adopted California Green Building
Standards Code, section 5.106.5.3.
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 Engineering Services Department prior to the issuance of
building permits.
4.
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”.
5.
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.
6.
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.
7.
If a Rough Grading and Drainage Plan /Permit are submitted to the Engineering Services Department
for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading
and Drainage Plan/Permit.
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.
www.CityofRC.us Page 14 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking
stall gradient at 7 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 City Engineer, or his designee.
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.
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.
All roof drainage flowing to the public right of way (Napa Street) must drain under the sidewalk through a
parkway culvert approved by the Engineering Department. This shall be shown on both the grading and
drainage plan and Engineering Services Department required plans.
17.
Prior to issuance of a grading permit the applicant shall show on the site plan and the permitted grading
plan set for non-residential projects the designated parking for clean air vehicles per the current
adopted California Green Building Standards Code, section 5.106.5.2.
18.
Prior to approval of the project -specific storm water quality management plan, the applicant shall submit
to the City Engineer, 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.
www.CityofRC.us Page 15 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
A drainage study showing a 100-year, AMC 3 design storm event for on -site drainage shall be
prepared and submitted to the Engineering Services Department 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.
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.
21.
San Bernardino County Flood Control District (SBCFCD) shall approve all plans that impact their right
of way, including utilities, storm drain, slopes, and street trees and landscaping prior to issuance of a
grading permit. A note shall be included on all pertinent plans requiring SBCFCD to be notified two
working days prior to starting any work in the vicinity of their easement.
22.
Prior to issuance of a grading permit the applicant shall obtain written comments from San Bernardino
County Flood Control District regarding site design restrictions within their easement and provide a
copy of said comments to the Engineering Services Department for review.
23.
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).
24.
Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of
the project Conditions of Approval.
25.
Metropolitan Water District (MWD) shall approve all plans that impact their easement, including utilities,
storm drain, slopes, and street trees and landscaping prior to issuance of a grading permit. A note shall
be included on all pertinent plans requiring Metropolitan Water District Operations Maintenance Branch
to be notified two working days prior to starting any work in the vicinity of their easement.
26.
Prior to issuance of a grading permit the applicant shall obtain written comments from MWD regarding
site design restrictions within their easement and provide a copy of said comments to the City Engineer
for review.
27.
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
Engineering Services Department and then recorded with the County Recorder’s Office.
28.
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.
29.
www.CityofRC.us Page 16 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for
each underground infiltration device, with the Facility ID Number assigned, to the Engineering Services
Department Official prior to issuance of the Grading Permit and /or approval of the project-specific
Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the
permitted grading plan set, and a copy of said form shall be included in the project -specific Water
Quality Management Plan.
30.
The land owner shall provide an inspection report by a qualified person /company on a biennial basis for
the Class V Injection Wells /underground infiltration chambers to the City of Rancho Cucamonga
Environmental Program Manager. The land owner shall maintain on a regular basis all best
management practices (BMP”s) as described in the Storm Water Quality Management Plan (WQMP)
prepared for the subject project. All costs associated with the underground infiltration chamber are the
responsibility of the land owner.
31.
The land owner shall provide an inspection report on a biennial basis for the structural storm water
treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental
Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water
Quality Management Plan prepared for the subject project. All costs associated with the underground
infiltration chamber are the responsibility of the land owner.
32.
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.
33.
A final project-specific Storm Water Quality Management Plan (WQMP) shall be approved by the City
Engineer, 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.
34.
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.
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.
www.CityofRC.us Page 17 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
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.
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.
40.
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.
41.
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.
42.
www.CityofRC.us Page 18 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
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.
43.
Prior to the issuance of a grading permit by the City of Rancho Cucamonga, the applicant shall obtain
grading permits from the two adjacent parcels that front along Napa Street, from the Authority Having
Jurisdiction (AHJ) over those parcels.
44.
www.CityofRC.us Page 19 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Written permission shall be obtained from Metropolitan Water District (MWD) for any work within their
right-of-way, including grading prior to issuance of a grading permit.
45.
A permit shall be obtained from San Bernardino County Flood Control District if any work is proposed
within their right-of-way, including grading prior to issuance of a grading permit.
46.
www.CityofRC.us Page 20 of 20Printed: 12/2/2021
RESOLUTION NO. 21-75
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL APPROVE TENTATIVE PARCEL MAP SUBTPM20251, A
REQUEST TO SUBDIVIDE AN APPROXIMATE 35-ACRE PROJECT SITE
INTO TWO (2) PARCELS OF LAND RELATED TO THE CONSTRUCTION
OF TWO NEW INDUSTRIAL WAREHOUSE BUILDINGS LOCATED
APPROXIAMTELY 650 FEET EAST OF ETIWANDA AVENUE NORTH OF
NAPA STREET; AND MAKING FINDINGS IN SUPPORT THEREOF -
APNS: 0229-291-46 AND 54.
A.Recitals.
1.Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P., has filed an
application for the approval of Tentative Parcel Map SUBTPM20251, as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map request is referred to as
"the application."
2.On the 8th day of December, 2021, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said
hearing on that date. and
3.All legal prerequisites prior to the adoption of this Resolution have occurred.
B.Resolution.
NOW, THEREFORE, it is hereby found, determined and resolved by the Planning
Commission of the City of Rancho Cucamonga as follows:
1.This Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2.Based upon the substantial evidence presented to this Commission during the above-
referenced public hearing on December 8, 2021, including written and oral staff reports, together
with public testimony, this Council hereby specifically finds as follows:
a. The approximate 35-acre project site is located approximately 650 feet east of
Etiwanda Avenue, north of Napa Street. The project site is largely vacant, with an existing rail spur
running in a north-south orientation roughly bisecting the site which serves properties to the south
and existing Southern California Edison (SCE) overhead powerlines traversing the site in an east-
west orientation. The existing rail spur is proposed to remain, however the existing overhead SCE
powerlines are proposed to be relocated, running east-west at the northern property line within the
western portion of the project site, at which point the lines would turn south, and near the frontage
of the property be made to run roughly parallel to Napa Street within the eastern portion of the
project site. The proposed project includes the construction of one new north-south street which will
be located along the westerly property line of the project area and will be designed to eventually
connect to a future east-west street located immediately south of the Metrolink railway and parallel
to Napa Street; and
b.The existing General Plan Land Use and Zoning Designations for the project site
and adjacent properties are as follows:
Exhibit F
PLANNING COMMISSION RESOLUTION NO. 21-75
SUBTPM20251 – HILLWOOD ENTERPIRSES, L.P.
DECEMBER 8, 2021
Page 2
Land Use General Plan Zoning**
Site* Vacant
Heavy Industrial (HI) and Flood
Control Utility Corridor (FC/UC) (for
portion within City); General
Industrial (GI)/ General Industrial (I-
G) (for portion within
County/Fontana SOI)
Industrial Employment
(IE) District (for portion
within City); Regional
Industrial (IR) (within
County) and General
Industrial (M-2) (for
portion within Fontana
SOI)
North Industrial Heavy Industrial (HI) and Flood
Control/Utility Corridor (FC/UC)
Neo-Industrial (NI)
District
South
Industrial
(County/Fontana
SOI)
General Industrial (GI), Special
Development (SD)/General
Industrial (I-G) (within
County/Fontana SOI)
Regional Industrial (IR);
Kaiser Commerce
Center Specific Plan
(KC/SP)/General
Industrial (M-2) (within
County/Fontana SOI)
West
Industrial and
East Etiwanda
Creek
Heavy Industrial (HI) and Flood
Control/Utility Corridor (FC/UC)
Industrial Employment
(IE) District
East San Sevaine
Channel
Open Space (OS) and General
Industrial (GI) (within
County/Fontana SOI)
Regional Industrial
(IR)/Open Space-Natural
(OS-N) (within
County/Fontana SOI)
*In the 2010 General Plan, APN: 0229-291-54 also includes a “floating” designation as a location for a potential public park”
**Prior to the adoption of Ordinance 982, the Industrial Employment (IE) zoning district was referred to as the Heavy Industrial (HI) district and
the Neo-Industrial (NI) district was referred to as the General Industrial (GI) district.
c. The project is for the development of two new industrial warehouse buildings on
two new parcels of land: Building A will total approximately 500,648 square feet including
approximately 10,000 square feet of office space, and Building B will total approximately 155,230
square feet and include an office area of approximately 10,000 square feet square feet; and
d. Tentative Parcel Map SUBTPM20251 is for the subdivision of the approximate 35-
acre project site into two parcels of land. Proposed Building A, totaling approximately 500,648
square feet will be located on Parcel I which will total an area of approximately 26.73 acres. Building
B, totaling approximately 155,230 square feet will be located on Parcel II which will total an area of
approximately 8.67 acres. The project will also result in the construction of a new north-south public
street to be located along the projects westerly boundary and which will connect Napa Street to
future road way expansions within the Southeast Industrial Quadrant (SEIQ) of the City. Vehicular
access to both parcels will be provided from Napa Street. The new north-south public street will
provide additional access to Parcel II; and
e. In addition to the subject Tentative Parcel Map, the project scope includes:
Annexation (DRC2020-00185) to annex APN: 0229-291-46 and a portion of APN: 0229-291-23 into
PLANNING COMMISSION RESOLUTION NO. 21-75
SUBTPM20251 – HILLWOOD ENTERPIRSES, L.P.
DECEMBER 8, 2021
Page 3
the City of Rancho Cucamonga; General Plan Amendment (DRC2020-00184) to assign a land use
designation to parcels, and portions thereof to be annexed, and to redesignate portions of the
project area from Flood Control/Utility Corridor to Heavy Industrial, and remove a Floating Park
designation for APN: 0229-291-54; Pre-Zoning (DRC2020-00186) to assign a pre-zoning
designation to those parcels and portions thereof to be annexed; and Design Review (DRC2020-
00177), Conditional Use Permit (DRC2021-00317) and Uniform Sign Program (DRC2020-00178) to
permit the use, construction and signage of the proposed project. The project scope also includes
the proposal by the applicant of a Development Agreement (DRC2021-00180; and
3. Based upon the substantial evidence presented to this Council during the above-
referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2 above,
this Council hereby finds and concludes as follows:
a. The tentative parcel map is consistent with the General Plan, Development Code,
and any applicable specific plans. The General Plan permits a variety of land uses within industrial
districts, such as warehouses, distribution centers and similar uses. The Development Code, as
affected by Ordinance 982, permits Storage Warehouses upon the approval of a Conditional Use
Permit.
b. The design or improvements of the tentative parcel map will be consistent with the
General Plan, Development Code, and any applicable specific plans. The proposed two parcel
tentative parcel map and the proposed industrial warehouse development comply with all
requirements of the General Plan and Development Code. Each parcel complies with the 0.5-acre
minimum lot size and 100-foot minimum lot width outlined in Table 17.36.040-1 of the Development
Code. Additionally, the proposed industrial warehouse development complies with all of the related
development standards including building setbacks, lot coverage, height, parking and design; and
c. The site is physically suitable for the type of development proposed. The project
site is well suited for the proposed industrial warehouse development as it is located along multiple
street frontages, thereby providing multiple points of ingress/egress and emergency services
access; and
d. The design of the subdivision is not likely to cause substantial environmental
damage and avoidable injury to humans and wildlife or their habitat. An Environmental Impact
Report was submitted as part of the review of the project which demonstrated that the project would
not have a significant impact on the environment upon implementation of identified mitigation
measures; and
e. The tentative parcel map is not likely to cause serious public health problems. The
subdivision of the project site is not expected to cause serious public health issues, as the proposed
tentative parcel map is for the subdivision of the project site into two separate parcels in order to
create two separate parcels for two new proposed industrial warehouse buildings. The review of the
project included the evaluation of environmental studies which concluded that the project would not
have a significant impact on the environment.
f. The design of the tentative parcel map will not conflict with any easement acquired
by the public at large, now of record, for access through or use of the property within the proposed
subdivision. The subject property does not contain any easements that would limit access to or use
of the project site.
PLANNING COMMISSION RESOLUTION NO. 21-75
SUBTPM20251 – HILLWOOD ENTERPIRSES, L.P.
DECEMBER 8, 2021
Page 4
4. The Tentative Parcel Map, in addition to the General Plan Amendment, Annexation, Pre-
Zoning, Design Review, Conditional Use Permit, Uniform Sign Program and Development
Agreement (collectively, the “Project”) were environmentally reviewed pursuant to the California
Environmental Quality Act and the State CEQA Guidelines. Pursuant to CEQA Guidelines Section
15060(d), the City determined that an EIR would clearly be required for the Project, and therefore
prepared an environmental impact report (EIR) that focused on the potentially significant effects of
the Project. Based upon the facts and information contained in the EIR prepared for the Project and
the entire record before it, the Planning Commission hereby recommends that the City Council
certifies the final EIR for the Project, adopts the findings of fact pursuant to CEQA, and adopts the
Mitigation Monitoring and Reporting Program (MMRP) for the project, based upon the findings as
follows.
a. A Notice of Availability advertising the availability of the Draft EIR was circulated for
a period of 45-days beginning on June 29, 2021 and ending on August 13, 2021; and
b. The Planning Commission has reviewed the EIR and all comments received
regarding the EIR and, based on the whole record before it, finds: (i) that the EIR was prepared in
compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no
substantial evidence that the project will have a significant effect on the environment. The Planning
Commission further finds that the EIR reflects the independent judgment and analysis of the
Planning Commission. Based on these findings, the Planning Commission, therefore, recommends
the City Council adopt the EIR; and
c. The Planning Commission has also reviewed and considered the Mitigation
Monitoring and Reporting Program (MMRP) for the project that has been prepared pursuant to the
requirements of Public Resources Code Section 21081.6 and finds that such Program is designed
to ensure compliance with the mitigation measures during project implementation. The Planning
Commission, therefore, recommends the City Council adopt the MMRP for the project; and
d. The custodian of records for the EIR, Mitigation Monitoring Program, and all other
materials which constitute the record of proceedings upon which the City Council’s decision is
based is the Planning Director of the City of Rancho Cucamonga. Those documents are available
for public review in the Planning Department of the City of Rancho Cucamonga located at 10500
Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750..
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above,
this Planning Commission hereby recommends that the City Council approve the application for
Tentative Parcel Map SUBTPM20251 subject to each and every condition set forth in the
Conditions of Approval, attached hereto and incorporated herein by this reference.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 8th DAY OF December, 2021.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Francisco Oaxaca, Chairman
PLANNING COMMISSION RESOLUTION NO. 21-75
SUBTPM20251 – HILLWOOD ENTERPIRSES, L.P.
DECEMBER 8, 2021
Page 5
ATTEST:
Matt Burris, AICP, Secretary
I, Matt Burris, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do
hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted
by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the
Planning Commission held on the 8th day of December, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Conditions of Approval
Community Development Department
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
The project shall comply with all mitigation measures identified in the Environmental Impact Report SCH
No. (2020090076) and the corresponding Mitigation Monitoring and Reporting Program.
1.
The proposed public street shall be named Via Maris Place. This street name shall be submitted for
Planning Director review and approval in accordance with the adopted Street Naming Policy prior to
approval of the final map.
2.
Standard Conditions of Approval
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.
3.
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 appropriate discretionary body
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.
4.
This project is subject to public art requirement outlined in Chapter 17.124 of the Development Code, in
accordance with Development Agreement DRC2021-00175. The applicant shall be required to install
art onsite pursuant to Development Code Section 17.124 with a minimum value of $100,000, pursuant
to Development Agreement DRC2021-00175.
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.
5.
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.
6.
www.CityofRC.us
Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
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 at its own expense in the
defense of any such action but such participation shall not relieve applicant of his obligations under this
condition.
7.
Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of
Approval, and all environmental mitigations shall be included on the plans (full size). The sheet (s) are for
information only to all parties involved in the construction /grading activities and are not required to be
wet sealed/stamped by a licensed Engineer/Architect.
8.
The applicant shall be required to pay California Department of Fish and Wildlife Notice of
Determination & Environmental Impact Report fee. All checks are to be made payable to the Clerk of
the Board Supervisors and submitted to the Planning Department within 5 days of the approval of the
project by Planning Commission/City Council.
9.
Front yard and corner side yard landscaping and irrigation shall be required per the Development
Code. This requirement shall be in addition to the required street trees and slope planting. All
landscaping shall be installed to the satisfaction of the Planning Department prior to the issuance of final
occupancy.
10.
A detailed landscape and irrigation plan, including slope planting and model home landscaping in the
case of residential development, shall be prepared by a licensed landscape architect and submitted for
Planning Director review and approval prior to the issuance of Building Permits for the development or
prior final map approval in the case of a custom lot subdivision. For development occurring in the Very
High Fire Hazard Severity Zone, the landscape plans will also be reviewed by Fire Construction
Services.
11.
The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the
required landscape plans and shall be subject to Planning Director review and approval and
coordinated for consistency with any parkway landscaping plan which may be required by the
Engineering Services Department.
12.
Landscaping and irrigation systems required to be installed within the public right -of-way on the
perimeter of this project area shall be continuously maintained by the developer.
13.
The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any
signs proposed for this development shall comply with the Development Code and Uniform Sign
Program approved as part of this application. Sign plans shall be submitted for review and approval by
the Building and Planning Departments as necessary prior to the issuance of sign permits.
14.
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.
15.
www.CityofRC.us Page 2 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
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.
16.
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 office corner of the
building. 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)
screened behind a 4-foot high wall. For this project, these walls shall be constructed of poured in -place
concrete with design elements incorporated to match the building.
17.
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.
Decorative paving shall be provided at each vehicle entrance to the site, behind the public right -of-way.
These decoratively paved areas shall extend from the front property line to the building setback line and
have a width equal to that of the driveway.
18.
Prior to any use of the project site or business activity being commenced thereon, all Conditions of
Approval shall be completed to the satisfaction of the Planning Director.
19.
Occupancy of the facilities shall not commence until such time as all California Building Code and State
Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the
Rancho Cucamonga Fire Protection District and the Building and Safety Services Department to show
compliance. The buildings shall be inspected for compliance and final acceptance granted prior to
occupancy.
20.
All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for
consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building,
etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has
commenced, whichever comes first.
21.
Trash receptacle (s) are required and shall meet City standards. The final design, locations, and the
number of trash receptacles shall be subject to Planning Director review and approval prior to the
issuance of Building Permits.
22.
For commercial and industrial projects, paint roll -up doors and service doors to match main building
colors.
23.
This tentative tract map or tentative parcel map shall expire, unless extended by the Planning
Commission, unless a complete final map is filed with the Engineering Services Department within 3
years from the date of the approval.
24.
All building numbers and individual units shall be identified in a clear and concise manner, including
proper illumination and in conformance with Building and Safety Services Department standards, the
Municipal Code and the Rancho Cucamonga Fire Department (RCFD) Standards.
25.
www.CityofRC.us Page 3 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Engineering Services Department
Please be advised of the following Special Conditions
The existing driveways on Napa Street shall meet City Standard. If the driveways do not meet City
Standard the developer shall be responsible for the reconstruction of the driveways.
1.
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.
2.
Development impact fees are due prior to issuance of a building permit or certificate of occupancy per
the Engineering Fee schedule, Government Code Section 66000, et seq. and local ordinance. Pursuant
to Government Code Section 66020(d), the 90-day approval period in which the applicant may protest
these fees will begin at the date the fees are invoiced. Protests must be made in writing and be
delivered to the City Clerk prior to the close of business on the 90th day of the 90-day approval period
3.
RCMU Requirement: 1)Electric: The Rancho Cucamonga Municipal Utility (RCMU) shall be the
electrical service provider for all project related development. The Developer shall execute a Line
Extension Agreement for electric service and shall construct electrical distribution facilities in
accordance with such agreement and RCMU requirements and dedicate such facilities to the Rancho
Cucamonga Municipal Utility. RCMU’s existing underground electric system will be located off of
Etiwanda Ave.
4.
RCMU Requirement: 2)Fiber: The proposed development is slated to be included in the City ’s
Fiber Optic Master Plan that would provide a City owned Fiber-to-the-Premise (FTTP) infrastructure.
The City will require the developer to install a 1-4” UG Fiber Optic dark conduit on the north side of
Napa Street along the project boundary along with a 3’x4’x3’ pullbox on each end of the route and into
the project boundary. The size, placement and location of the conduit and vaults shall be shown on the
Street Improvement and/or Public Improvement Plans and subject to the Engineering Services
Department's review and approval prior to the issuance of building permits or final map approval,
whichever comes first.
On site, the City will require 1-2” UG HDPE or equal fiber optic conduit to be placed underground within
a duct and structure system to be installed joint trench by the Developer per Standard Drawing 135-137
and interconnected into the City's 4" fiber optic conduit. The size, placement and location of the conduit
and/or vaults shall run into the building's telecommunication room and be shown on the final dry utility
onsite substructure plans and subject to the Engineering Services Department's review and approval
prior to the issuance of building permits or final map approval, whichever comes first.
5.
RCMU Requirement: 3) Streetlights: The existing streetlights along the frontage of the project boundary
will need to be deeded to the City and retrofitted to the City ’s streetlight Standard Drawing 410. New
Streetlights shall be installed along the proposed Industrial Road along the west boundary. Developer
shall be responsible to coordinate and pay all costs of the street lights and to provide power to City
owned street lights.
6.
www.CityofRC.us Page 4 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
No grading, encroachment, or building permits will be issued until the northerly half portion of Napa St. is
annexed into the City.
7.
Relocation of Edison Facilities to the north side of Napa St. must be undergrounded per the City's
Undergrounding Policy. All electrical lines less than 66kv (telephone & cable) shall be undergrounded.
8.
Prior to approval of the parcel map the northerly half of Napa Street shall be annexed into the City.9.
www.CityofRC.us Page 5 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
Developer shall construct the following traffic improvements and dedicate the necessary right -of-way
consistent with the Project's TIA and determined necessary by the City Engineer
For Non-Sort Use
a) [DIF] For the intersection of Etiwanda Avenue and 6th Street - Install a traffic signal
b) [P] For the intersection of 4th Street at the I-15 SB Ramps and Ontario Mills Drive - Modify existing
traffic signal to implement a 130-second cycle length and overlap phasing for the westbound right turn
lane, restripe the southbound approach to provide one left turn lane, one through lane, and dual right turn
lanes. Modify the traffic signal to implement overlap phasing for northbound and southbound right turn
lanes.
For Sort Use
a) [P] For the intersection of Milliken Avenue and 4th Street - Modify the existing traffic signal to
implement overlap phasing on the westbound right turn lane and modify the traffic signal to implement
overlap phasing for the eastbound right turn lane.
b) [P] For the intersection of Etiwanda Avenue and Arrow Route - Install striping to implement a second
southbound left turn lane.
c) For the intersection of Etiwanda Avenue and Napa Street - Install striping to add a northbound right
turn lane and a second left turn lane. Modify the existing traffic signal to implement a northbound right
turn overlap and a westbound right turn overlap.
d) For the intersection of Haven Avenue and 4th Street - Modify the traffic signal to implement an
optimized cycle length.
e) For the intersection of Etiwanda Avenue and the I -10 eastbound ramps - Restripe the eastbound
shared left and right turn lane to a dedicated right turn lane
Reimbursement. An improvement identified as [P] in above is eligible for a 50% reimbursement of the
actual costs if first constructed by Developer and the same improvement is also required to be
constructed by the Bridge Point development. Developer may receive reimbursement of fifty percent
(50%) of the actual cost of these improvements if the improvements are first constructed by Developer
and the same improvements are also required to be constructed by the Bridge Point Rancho
Cucamonga project located at 12434 4th Street. Alternatively, if the improvement is first constructed by
the Bridge Point Rancho Cucamonga project, then Developer shall pay a reimbursement to the City,
which will be passed through to the Bridge Point Rancho Cucamonga project ’s developer, equal to fifty
percent (50%) of the actual cost of the improvements and is not required to construct the improvements .
Improvements identified as [DIF] are currently listed in the City ’s Transportation Development Impact
Fee Program and are eligible for credit and /or reimbursement up to the amounts identified in the
program as of the date of payment of the Transportation Development Impact Fees. If these
improvements are constructed by others prior to the development of this project, no credits or
10.
www.CityofRC.us Page 6 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
reimbursements shall be owed to Developer.
Fair Share Payment in lieu of Remaining Traffic Improvements. In lieu of constructing the opening year
and horizon year (2040) traffic improvements outlined in the TIA but not described above, Developer
shall have the right to pay a fair share fee into the City ’s Industrial Area Traffic Improvement Fund as
determined by the City Engineer (the “Fair Share Fee”). The Fair Share Fee shall be due prior to
issuance of the first certificate of occupancy for the Project.
New Public Street. Developer shall construct, consistent with the City ’s standards and to the satisfaction
of the City Engineer, a new public street on the west side of the Project site from Napa Street to the
Project’s northerly property line with APN 0229-291-55, to be classified as an Industrial Collector
(66-foot full-width right-of-way). Developer shall be responsible for all costs associated with the design
and construction of the new public street.
Standard Conditions of Approval
Dedication shall be made of the following rights -of-way on the perimeter streets (running from north to
south) along the west boundary:
66 total feet on "A" Street
The industrial road shall be located as shown on the conceptual plans along the westerly boundary and
extend from Napa Street northerly to the north property line.
11.
Rights-of-way and easements shall be dedicated to the City for all public streets, public landscape
areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as
shown on the plans and /or tentative map. Private easements for non -public facilities (cross-lot
drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map.
12.
A final drainage study shall be submitted to and approved by the City Engineer prior to the issuance of
Grading Permits. All drainage facilities shall be installed as required by the City Engineer.
13.
Adequate provisions shall be made for acceptance and disposal of surface drainage entering the
property from adjacent areas.
14.
A permit from the San Bernardino County Flood Control District is required if any grading work is
proposed within its right-of-way.
15.
Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from
the outer edge of a mature tree trunk.
16.
www.CityofRC.us Page 7 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
** 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.
17.
Prior to approval of the parcel map or lot merger, a deposit shall be posted with the City covering the
estimated cost of apportioning the assessments under Assessment Districts LMD 3B, SLD 1 & SLD 6
and CFD 85-1 among the newly created parcels.
18.
Permits or approvals shall be obtained from the following agencies for any work that may impact/ is
within their right of way:
a) Metropolitan Water District;
b) San Bernardino County Flood Control District.
c) Southern California Edison
19.
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 a lot merger .
Formation costs shall be borne by the developer. The developer is required to annex into LMD 3B, SLD
1 & SLD 6 and CFD 85-1.
20.
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.
21.
Construct the following perimeter street improvements including, but not limited to:
Street Name: "A" Street & Napa
Curb & Gutter
A.C. Pvmt
Side-walk
Drive Appr.
Street Lights
Street Trees
22.
www.CityofRC.us Page 8 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
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.
23.
Improvement Plans and Construction:
a. Street improvement plans, including street trees, street lights, and intersection safety lights on future
signal poles, and traffic signal 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.
d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project
along major or secondary streets and at intersections for future traffic signals and interconnect wiring .
Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other
locations approved by 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.
24.
www.CityofRC.us Page 9 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
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 the Public Improvement Plan." Where public
landscape plans are required, tree installation in those areas shall be per the public landscape
improvement plans.
Street Name: Napa Street and Industrial Street
Botanical Name: Platanus Racemosa
Common Name: California Sycamore
Min. Grow Space: 40' o/c
Spacing: 50' o/c
Size: 15 gal. min.
Qty.: to be determined during design
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.
25.
Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted
policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including
driveways. Local residential street intersections and commercial or industrial driveways may have lines
of sight plotted as required.
26.
During construction of "A" Street access shall be maintained for property to the north of the project site.27.
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.
28.
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.
29.
The developer shall be responsible for the relocation of existing utilities as necessary. Prior to the
approval of the Parcel/Final Map, or issuance of a rough or precise grading plan (whichever comes
first), the developer shall provide a non -interference letter (or equivalent) from Southern California
Edison Company.
30.
www.CityofRC.us Page 10 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric
power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements
shall be provided as required.
31.
Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga
Valley Water District (CVWD), other local water or sewer districts, Rancho Cucamonga Fire Protection
District, and the Environmental Health Department of the County of San Bernardino. A letter of
compliance from the CVWD is required prior to final map approval or issuance of permits, whichever
occurs first. Such letter must have been issued by the water district within 90 days prior to final map
approval in the case of subdivision or prior to the issuance of permits in the case of all other residential
projects.
32.
Fire Prevention / New Construction Unit
Standard Conditions of Approval
The parcel in Rancho Cucamonga and the parcel proposed to be annexed into the City are 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.
Locking and latching hardware for access doors is required to be operable from the exterior of the
building and is required to be single action latch/lock release on the interior of the building.
2.
Access doors are required to be identified in accordance with Fire District Standard 5-5. The Standard
has been uploaded to the Documents section.
3.
Access doors are required to be distributed along the exterior of the building such that the lineal
distance between adjacent access doors does not exceed 125 feet measured center to center.
4.
Required alarm systems and supervision systems are required to be in accordance with Fire District
Standard 9-3. The Standard has been uploaded to the Documents section.
5.
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.
6.
www.CityofRC.us Page 11 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Fire Prevention / New Construction Unit
Standard Conditions of Approval
The location, size, construction materials, or other features of this building and the associated project
are such that adequate emergency responder radio coverage may not be achievable within the building
that is proposed. It is highly recommended that a radio signal strength assessment is completed by San
Bernardino County Information Services Department (ISD). Please contact Tim Trager with County ISD
at 909-388-5563 or ttrager@isd.sbcounty.gov
Upon substantial completion and final completion of construction, the fire code official will oversee a
radio signal strength test that is in accordance with the California Fire Code. If acceptable radio
coverage cannot be achieved after construction is completed, equipment necessary to increase the
radio signal strength or otherwise allow adequate emergency responder radio communication will be
required to be installed.
7.
Fire flow information for this project is obtained from the Fontana Water Compnay (FWC). FWC can be
reached at 909-822-2201 or CustomerService@fontanawater.com.
8.
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. 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.
9.
Fire sprinkler are required to be installed in accordance with Fire District Standard 9-5. The Standard
has been uploaded to the Documents section.
10.
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.
11.
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.
12.
A Knox or Fire District padlock is required to be incorporated into the security system for a manually
operated gate that are installed across or provides access to a fire access road (fire lane).
13.
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.
14.
Roof access is required to be in accordance with Fire District Standard 5-6. The Standard has been
uploaded to the Documents section.
15.
Designated and conforming aerial apparatus access is required in accordance with Fire District
Standard 5-1. Show aerial apparatus access on the fire access plan. The Standard has been uploaded
to the Documents section.
16.
www.CityofRC.us Page 12 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Fire Prevention / New Construction Unit
Standard Conditions of Approval
Fire apparatus access (fire lane) design, construction, and identification are required to be in
accordance with Fire District Standard 5-1. The Standard has been uploaded to the Documents
section.
17.
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.
18.
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.
19.
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.
20.
Public and private fire service water mains, public and private hydrants, water control valves, fire
sprinkler risers, fire department connections (FDCs), and other fire protection water related devices and
equipment are required to be provided, designed, and installed in accordance with Fire District
Standard 5-10. The Standard has 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, energy calculations and soils report 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 which are effective at the time of Plan Check Submittal. The new structures are required to be
equipped with automatic fire sprinklers per the California Building Code and Current RCFPD
Ordinance. Disabled access for the site and buildings must be in accordance to the State of California
and ADA regulations. If it is anticipated that there will be a need for temporary fire protection water
supply and/or temporary fire access, submit a separate plan for review and approval that complies with
RCFD Standard 33-3.
Where no public sewer is available an onsite wastewater system for each building shall be designed
and installed per the Local Agency Management Program Ordinance No. 936. A separate submittal
and permit is required for this submittal.
The Metropolitan Water District (MWD) Feeder Line shall be protected from building surcharge and
vehicular loading as noted in the MWD letter dated June 2, 2020. A letter of review and approval from
MWD of the grading plan, drainage plan, septic plan, and building plans is required prior to issuance of
a building permit.
1.
www.CityofRC.us Page 13 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Prior to issuance of a grading permit for non -residential projects the applicant shall show on the
electrical plans and the permitted grading plan set the location for a future installation of an Electric
Vehicle (EV) charging station/parking area per the current adopted California Green Building
Standards Code, section 5.106.5.3.
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 Engineering Services Department prior to the issuance of
building permits.
4.
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”.
5.
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.
6.
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.
7.
If a Rough Grading and Drainage Plan /Permit are submitted to the Engineering Services Department
for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading
and Drainage Plan/Permit.
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.
www.CityofRC.us Page 14 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking
stall gradient at 7 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 City Engineer, or his designee.
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.
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.
All roof drainage flowing to the public right of way (Napa Street) must drain under the sidewalk through a
parkway culvert approved by the Engineering Department. This shall be shown on both the grading and
drainage plan and Engineering Services Department required plans.
17.
Prior to issuance of a grading permit the applicant shall show on the site plan and the permitted grading
plan set for non-residential projects the designated parking for clean air vehicles per the current
adopted California Green Building Standards Code, section 5.106.5.2.
18.
Prior to approval of the project -specific storm water quality management plan, the applicant shall submit
to the City Engineer, 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.
www.CityofRC.us Page 15 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
A drainage study showing a 100-year, AMC 3 design storm event for on -site drainage shall be
prepared and submitted to the Engineering Services Department 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.
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.
21.
San Bernardino County Flood Control District (SBCFCD) shall approve all plans that impact their right
of way, including utilities, storm drain, slopes, and street trees and landscaping prior to issuance of a
grading permit. A note shall be included on all pertinent plans requiring SBCFCD to be notified two
working days prior to starting any work in the vicinity of their easement.
22.
Prior to issuance of a grading permit the applicant shall obtain written comments from San Bernardino
County Flood Control District regarding site design restrictions within their easement and provide a
copy of said comments to the Engineering Services Department for review.
23.
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).
24.
Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of
the project Conditions of Approval.
25.
Metropolitan Water District (MWD) shall approve all plans that impact their easement, including utilities,
storm drain, slopes, and street trees and landscaping prior to issuance of a grading permit. A note shall
be included on all pertinent plans requiring Metropolitan Water District Operations Maintenance Branch
to be notified two working days prior to starting any work in the vicinity of their easement.
26.
Prior to issuance of a grading permit the applicant shall obtain written comments from MWD regarding
site design restrictions within their easement and provide a copy of said comments to the City Engineer
for review.
27.
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
Engineering Services Department and then recorded with the County Recorder’s Office.
28.
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.
29.
www.CityofRC.us Page 16 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for
each underground infiltration device, with the Facility ID Number assigned, to the Engineering Services
Department Official prior to issuance of the Grading Permit and /or approval of the project-specific
Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the
permitted grading plan set, and a copy of said form shall be included in the project -specific Water
Quality Management Plan.
30.
The land owner shall provide an inspection report by a qualified person /company on a biennial basis for
the Class V Injection Wells /underground infiltration chambers to the City of Rancho Cucamonga
Environmental Program Manager. The land owner shall maintain on a regular basis all best
management practices (BMP”s) as described in the Storm Water Quality Management Plan (WQMP)
prepared for the subject project. All costs associated with the underground infiltration chamber are the
responsibility of the land owner.
31.
The land owner shall provide an inspection report on a biennial basis for the structural storm water
treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental
Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water
Quality Management Plan prepared for the subject project. All costs associated with the underground
infiltration chamber are the responsibility of the land owner.
32.
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.
33.
A final project-specific Storm Water Quality Management Plan (WQMP) shall be approved by the City
Engineer, 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.
34.
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.
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.
www.CityofRC.us Page 17 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
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.
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.
40.
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.
41.
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.
42.
www.CityofRC.us Page 18 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
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.
43.
Prior to the issuance of a grading permit by the City of Rancho Cucamonga, the applicant shall obtain
grading permits from the two adjacent parcels that front along Napa Street, from the Authority Having
Jurisdiction (AHJ) over those parcels.
44.
www.CityofRC.us Page 19 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Written permission shall be obtained from Metropolitan Water District (MWD) for any work within their
right-of-way, including grading prior to issuance of a grading permit.
45.
A permit shall be obtained from San Bernardino County Flood Control District if any work is proposed
within their right-of-way, including grading prior to issuance of a grading permit.
46.
www.CityofRC.us Page 20 of 20Printed: 12/2/2021
RESOLUTION NO. 21-76
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
APPROVE DESIGN REVIEW DRC2020-00177, A REQUEST FOR SITE PLAN
AND ARCHITECTURAL REVIEW OF TWO NEW INDUSTRIAL BUILDINGS
TOTALING 655,878 SQUARE FEET ON AN APPROXIMATE 35-ACRE PROJECT
SITE LOCATED APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE
AND NORTH OF NAPA STREET; AND MAKING FINDINGS IN SUPPORT
THEREOF – APN: 0229-291-46 AND 54.
A.Recitals.
1.Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P., filed an application for
the approval of Design Review DRC2020-00177, as described in the title of this Resolution. Hereinafter
in this Resolution, the subject Design Review request is referred to as "the application."
655,878
2.On the 8th day of December, 2021, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said
hearing on that date.
3.All legal prerequisites prior to the adoption of this Resolution have occurred.
B.Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of
the City of Rancho Cucamonga as follows:
1.This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A,
of this Resolution are true and correct.
2.Based upon the substantial evidence presented to this Commission during the
above-referenced public hearings of December 8, 2021, including written and oral staff reports, together
with public testimony, this Commission hereby specifically finds as follows:
a. The approximate 35-acre project site is located approximately 650 feet east of Etiwanda
Avenue north of Napa Street; and
b.The project site is largely vacant, with an existing rail spur running in a north-south
orientation roughly bisecting the site which serves properties to the south and existing Southern
California Edison (SCE) overhead powerlines traversing the site in an east-west orientation. The existing
rail spur is proposed to remain, however the existing overhead SCE powerlines are proposed to be
relocated, running east-west at the northern property line within the western portion of the project site, at
which point the lines would turn south, and near the frontage of the property be made to run roughly
parallel to Napa Street within the eastern portion of the project site. The proposed project includes the
construction of one new north-south street which will be located along the westerly property line of the
project area and will be designed to eventually connect to a future east-west street located immediately
south of the Metrolink railway and parallel to Napa Street; and
c.The existing Land Use, General Plan and Zoning Designations for the project site and
adjacent properties are as follows:
Land Use General Plan Zoning**
Exhibit G
PLANNING COMMISSION RESOLUTION NO. 21-76
DR DRC2020-00177 – HILLWOOD ENTERPRISES, L.P.
December 8, 2021
Page 2
Site* Vacant
Heavy Industrial (HI) and Flood
Control Utility Corridor (FC/UC) (for
portion within City); General
Industrial (GI)/ General Industrial (I-
G) (for portion within
County/Fontana SOI)
Industrial Employment
(IE) District (for portion
within City); Regional
Industrial (IR) (within
County) and General
Industrial (M-2) (for
portion within Fontana
SOI)
North Industrial Heavy Industrial (HI) and Flood
Control/Utility Corridor (FC/UC)
Neo-Industrial (NI)
District
South
Industrial
(County/Fontana
SOI)
General Industrial (GI), Special
Development (SD)/General
Industrial (I-G) (within
County/Fontana SOI)
Regional Industrial (IR);
Kaiser Commerce
Center Specific Plan
(KC/SP)/General
Industrial (M-2) (within
County/Fontana SOI)
West
Industrial and
East Etiwanda
Creek
Heavy Industrial (HI) and Flood
Control/Utility Corridor (FC/UC)
Industrial Employment
(IE) District
East San Sevaine
Channel
Open Space (OS) and General
Industrial (GI) (within
County/Fontana SOI)
Regional Industrial
(IR)/Open Space-Natural
(OS-N) (within
County/Fontana SOI)
*In the 2010 General Plan, APN: 0229-291-54 also includes a “floating” designation as a location for a potential public park”
**Prior to the adoption of Ordinance 982, the Industrial Employment (IE) zoning district was referred to as the Heavy Industrial (HI) district
and the Neo-Industrial (NI) district was referred to as the General Industrial (GI) district.
d. The project is for the development of two new industrial warehouse buildings on two
new parcels of land: Building A will total approximately 500,648 square feet including approximately
10,000 square feet of office space, and Building B will total approximately 155,230 square feet and
include an office area of approximately 10,000 square feet square feet. The project requires 183 parking
stalls and 79 trailer loading stalls for Building A and 97 parking stalls and 20 trailer loading stalls for
Building B. Accordingly, the project provides 275 parking stalls and 87 trailer loading stalls for Building A,
and 108 parking stalls and 20 trailer loading stalls for Building B; and
e. The project also includes an application to subdivide the project site into two new
parcels: Parcel I which will total approximately 26.73 acres in size and be developed with Building A, and
Parcel II, which will total approximately 8.67 acres in size and be developed with Building B; and
f. The project complies with all requirements of the Development Code including setbacks,
parking, design, and landscape coverage; and
g. In addition to Design Review DRC2020-00177, the project scope includes: Annexation
(DRC2020-00185) to annex APN: 0229-291-46 and a portion of APN: 0229-291-23 into the City of
PLANNING COMMISSION RESOLUTION NO. 21-76
DR DRC2020-00177 – HILLWOOD ENTERPRISES, L.P.
December 8, 2021
Page 3
Rancho Cucamonga; General Plan Amendment (DRC2020-00184), to assign a land use designation to
parcels, and portions thereof, to be annexed, and to redesignate portions of the project area from Flood
Control/Utility Corridor to Heavy Industrial, and remove a Floating Park designation for APN: 0229-291-
54; Pre-Zoning (DRC2020-00186) to assign a pre-zoning designation to those parcels and portions
thereof to be annexed; Tentative Parcel Map (SUBTPM20251) to create two new parcels; and
Conditional Use Permit (DRC2021-00317) and Uniform Sign Program (DRC2020-00178) to permit the
use, construction and signage of the proposed project. The project scope also includes the proposal by
the applicant of a Development Agreement (DRC2021-00180);
3. Based upon the substantial evidence presented to this Commission during the
above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2
above, this Commission hereby finds and concludes as follows:
a. The proposed project is consistent with the General Plan. The proposed industrial
warehouse project will be consistent with the General Plan with the approval of General Plan
Amendment DRC2020-00184. The project site comprises two parcels: APN: 0229-291-54 and 0229-291-
46. APN: 0229-291-54 which is located within the City of Rancho Cucamonga, has a split general plan
land use designation of Heavy Industrial and Flood Control/Utility Corridor. APN: 0229-291-46 which is
currently located within unincorporated San Bernardino County and within the City of Fontana’s Sphere
of Influence and which is proposed to be annexed into the City of Rancho Cucamonga as part of this
project, has a general plan land use designation of General Industrial (GI) within San Bernardino County
and General industrial (I-G) within the City of Fontana Sphere of Influence. Further, the applicant also
proposes to annex an additional parcel which is not proposed to be developed as part of this
development application identified as APN: 0229-291-23 and which currently has a land use designation
of General Industrial (GI) within San Bernardino County and Public Utility (P-UC) within the City of
Fontana Sphere of Influence. The proposed General Plan Amendment will amend the land use
designation of the project site to Heavy Industrial, a land use designation which permits the proposed
industrial use. The General Plan Amendment will also amend APN: 0229-291-23 to Heavy Industrial,
consistent with similarly situated parcels located within the vicinity of the project; and b. The proposed use is in accord with the objective of the Development Code and the
purposes of the district in which the site is located. Storage Warehouses are permitted within the
Industrial Employment (IE) District subject to the approval of a Conditional Use Permit. The project will
be in compliance with the Zoning Map with approval of the related Pre-Zoning DRC2020-00186, which
will amend the zoning designation of the parcels to be annexed to a pre-zoning designation of Industrial
Employment, which will become effective upon the approval of the annexation; and
c. The proposed use is in compliance with each of the applicable provisions of the
Development Code. The project will be in compliance with the Development Code with approval of the
related General Plan Amendment DRC2020-00184 and Pre-Zoning DRC2020-00186. Storage
Warehouses are permitted within the Industrial Employment (IE) District upon the approval of a
Conditional Use Permit. The project complies with all other development criteria outlined in the
Development Code including setbacks, parking and design; and
d. The proposed use, together with the conditions applicable thereto, will not be
detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in
the vicinity. The related environmental review outlines potential environmental impacts related to the
project and identifies project-specific mitigation measures that reduce these impacts to less-than-
PLANNING COMMISSION RESOLUTION NO. 21-76
DR DRC2020-00177 – HILLWOOD ENTERPRISES, L.P.
December 8, 2021
Page 4
significant. The proposed use will not be detrimental to the public health, safety, or welfare, or be
materially injurious to properties or improvements in the vicinity.
4. The Design Review, in addition to the General Plan Amendment, Annexation, Pre-Zoning,
Tentative Parcel Map, Conditional Use Permit, Uniform Sign Program and Development Agreement
(collectively, the “Project”) were environmentally reviewed pursuant to the California Environmental
Quality Act (CEQA) and the State CEQA Guidelines. Pursuant to CEQA Guidelines Section 15060(d),
the City determined that an EIR would clearly be required for the Project, and therefore prepared an
environmental impact report (EIR) that focused on the potentially significant effects of the Project Based
upon the facts and information contained in the EIR prepared for the Project and the entire record before
it, the Planning Commission recommends the City Council certify the final EIR, adopt findings of fact
pursuant to CEQA, and adopt the Mitigation Monitoring and Reporting Program (MMRP) for the project,
incorporated herein by this reference, based upon the findings as follows:
a. Pursuant to the California Environmental Quality Act (CEQA), an EIR was prepared for
the project. A Notice of Availability advertising the availability of the Draft EIR was circulated for a period
of 45-days beginning on June 29, 2021 and ending on August 13, 2021; and
b. The Planning Commission has reviewed the EIR and all comments received regarding
the EIR and, based on the whole record before it, finds: (i) that the EIR was prepared in compliance with
CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that
the project will have a significant effect on the environment. The Planning Commission further finds that
the EIR reflects the independent judgment and analysis of the Planning Commission. Based on these
findings, the Planning Commission, therefore, recommends the City Council adopt the EIR; and
c. The Planning Commission has also reviewed and considered the Mitigation Monitoring
and Reporting Program (MMRP) for the project that has been prepared pursuant to the requirements of
Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance
with the mitigation measures during project implementation. The Planning Commission, therefore,
recommends the City Council adopt the MMRP for the project; and
d. The custodian of records for the EIR, Mitigation Monitoring Program, and all other
materials which constitute the record of proceedings upon which the City Council’s decision is based is
the Planning Director of the City of Rancho Cucamonga. Those documents are available for public
review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center
Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this
Commission hereby recommends that the City Council approve the application subject to each and every
condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this
reference.
6. The Secretary to this Commission shall certify to the adoption of. this Resolution.
APPROVED AND ADOPTED THIS 8th DAY OF DECEMBER, 2021.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
PLANNING COMMISSION RESOLUTION NO. 21-76
DR DRC2020-00177 – HILLWOOD ENTERPRISES, L.P.
December 8, 2021
Page 5
BY:
Francisco Oaxaca, Chairman
ATTEST:
Matt Burris, AICP, Secretary
I, Matt Burris, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby
certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the
Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning
Commission held on the 8th day of December, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Conditions of Approval
Community Development Department
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
The project shall comply with all mitigation measures identified in the Environmental Impact Report SCH
No. (2020090076) and the corresponding Mitigation Monitoring and Reporting Program.
1.
The proposed public street shall be named Via Maris Place. This street name shall be submitted for
Planning Director review and approval in accordance with the adopted Street Naming Policy prior to
approval of the final map.
2.
Standard Conditions of Approval
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.
3.
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 appropriate discretionary body
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.
4.
This project is subject to public art requirement outlined in Chapter 17.124 of the Development Code, in
accordance with Development Agreement DRC2021-00175. The applicant shall be required to install
art onsite pursuant to Development Code Section 17.124 with a minimum value of $100,000, pursuant
to Development Agreement DRC2021-00175.
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.
5.
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.
6.
www.CityofRC.us
Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
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 at its own expense in the
defense of any such action but such participation shall not relieve applicant of his obligations under this
condition.
7.
Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of
Approval, and all environmental mitigations shall be included on the plans (full size). The sheet (s) are for
information only to all parties involved in the construction /grading activities and are not required to be
wet sealed/stamped by a licensed Engineer/Architect.
8.
The applicant shall be required to pay California Department of Fish and Wildlife Notice of
Determination & Environmental Impact Report fee. All checks are to be made payable to the Clerk of
the Board Supervisors and submitted to the Planning Department within 5 days of the approval of the
project by Planning Commission/City Council.
9.
Front yard and corner side yard landscaping and irrigation shall be required per the Development
Code. This requirement shall be in addition to the required street trees and slope planting. All
landscaping shall be installed to the satisfaction of the Planning Department prior to the issuance of final
occupancy.
10.
A detailed landscape and irrigation plan, including slope planting and model home landscaping in the
case of residential development, shall be prepared by a licensed landscape architect and submitted for
Planning Director review and approval prior to the issuance of Building Permits for the development or
prior final map approval in the case of a custom lot subdivision. For development occurring in the Very
High Fire Hazard Severity Zone, the landscape plans will also be reviewed by Fire Construction
Services.
11.
The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the
required landscape plans and shall be subject to Planning Director review and approval and
coordinated for consistency with any parkway landscaping plan which may be required by the
Engineering Services Department.
12.
Landscaping and irrigation systems required to be installed within the public right -of-way on the
perimeter of this project area shall be continuously maintained by the developer.
13.
The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any
signs proposed for this development shall comply with the Development Code and Uniform Sign
Program approved as part of this application. Sign plans shall be submitted for review and approval by
the Building and Planning Departments as necessary prior to the issuance of sign permits.
14.
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.
15.
www.CityofRC.us Page 2 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
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.
16.
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 office corner of the
building. 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)
screened behind a 4-foot high wall. For this project, these walls shall be constructed of poured in -place
concrete with design elements incorporated to match the building.
17.
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.
Decorative paving shall be provided at each vehicle entrance to the site, behind the public right -of-way.
These decoratively paved areas shall extend from the front property line to the building setback line and
have a width equal to that of the driveway.
18.
Prior to any use of the project site or business activity being commenced thereon, all Conditions of
Approval shall be completed to the satisfaction of the Planning Director.
19.
Occupancy of the facilities shall not commence until such time as all California Building Code and State
Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the
Rancho Cucamonga Fire Protection District and the Building and Safety Services Department to show
compliance. The buildings shall be inspected for compliance and final acceptance granted prior to
occupancy.
20.
All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for
consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building,
etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has
commenced, whichever comes first.
21.
Trash receptacle (s) are required and shall meet City standards. The final design, locations, and the
number of trash receptacles shall be subject to Planning Director review and approval prior to the
issuance of Building Permits.
22.
For commercial and industrial projects, paint roll -up doors and service doors to match main building
colors.
23.
This tentative tract map or tentative parcel map shall expire, unless extended by the Planning
Commission, unless a complete final map is filed with the Engineering Services Department within 3
years from the date of the approval.
24.
All building numbers and individual units shall be identified in a clear and concise manner, including
proper illumination and in conformance with Building and Safety Services Department standards, the
Municipal Code and the Rancho Cucamonga Fire Department (RCFD) Standards.
25.
www.CityofRC.us Page 3 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Engineering Services Department
Please be advised of the following Special Conditions
The existing driveways on Napa Street shall meet City Standard. If the driveways do not meet City
Standard the developer shall be responsible for the reconstruction of the driveways.
1.
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.
2.
Development impact fees are due prior to issuance of a building permit or certificate of occupancy per
the Engineering Fee schedule, Government Code Section 66000, et seq. and local ordinance. Pursuant
to Government Code Section 66020(d), the 90-day approval period in which the applicant may protest
these fees will begin at the date the fees are invoiced. Protests must be made in writing and be
delivered to the City Clerk prior to the close of business on the 90th day of the 90-day approval period
3.
RCMU Requirement: 1)Electric: The Rancho Cucamonga Municipal Utility (RCMU) shall be the
electrical service provider for all project related development. The Developer shall execute a Line
Extension Agreement for electric service and shall construct electrical distribution facilities in
accordance with such agreement and RCMU requirements and dedicate such facilities to the Rancho
Cucamonga Municipal Utility. RCMU’s existing underground electric system will be located off of
Etiwanda Ave.
4.
RCMU Requirement: 2)Fiber: The proposed development is slated to be included in the City ’s
Fiber Optic Master Plan that would provide a City owned Fiber-to-the-Premise (FTTP) infrastructure.
The City will require the developer to install a 1-4” UG Fiber Optic dark conduit on the north side of
Napa Street along the project boundary along with a 3’x4’x3’ pullbox on each end of the route and into
the project boundary. The size, placement and location of the conduit and vaults shall be shown on the
Street Improvement and/or Public Improvement Plans and subject to the Engineering Services
Department's review and approval prior to the issuance of building permits or final map approval,
whichever comes first.
On site, the City will require 1-2” UG HDPE or equal fiber optic conduit to be placed underground within
a duct and structure system to be installed joint trench by the Developer per Standard Drawing 135-137
and interconnected into the City's 4" fiber optic conduit. The size, placement and location of the conduit
and/or vaults shall run into the building's telecommunication room and be shown on the final dry utility
onsite substructure plans and subject to the Engineering Services Department's review and approval
prior to the issuance of building permits or final map approval, whichever comes first.
5.
RCMU Requirement: 3) Streetlights: The existing streetlights along the frontage of the project boundary
will need to be deeded to the City and retrofitted to the City ’s streetlight Standard Drawing 410. New
Streetlights shall be installed along the proposed Industrial Road along the west boundary. Developer
shall be responsible to coordinate and pay all costs of the street lights and to provide power to City
owned street lights.
6.
www.CityofRC.us Page 4 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
No grading, encroachment, or building permits will be issued until the northerly half portion of Napa St. is
annexed into the City.
7.
Relocation of Edison Facilities to the north side of Napa St. must be undergrounded per the City's
Undergrounding Policy. All electrical lines less than 66kv (telephone & cable) shall be undergrounded.
8.
Prior to approval of the parcel map the northerly half of Napa Street shall be annexed into the City.9.
www.CityofRC.us Page 5 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
Developer shall construct the following traffic improvements and dedicate the necessary right -of-way
consistent with the Project's TIA and determined necessary by the City Engineer
For Non-Sort Use
a) [DIF] For the intersection of Etiwanda Avenue and 6th Street - Install a traffic signal
b) [P] For the intersection of 4th Street at the I-15 SB Ramps and Ontario Mills Drive - Modify existing
traffic signal to implement a 130-second cycle length and overlap phasing for the westbound right turn
lane, restripe the southbound approach to provide one left turn lane, one through lane, and dual right turn
lanes. Modify the traffic signal to implement overlap phasing for northbound and southbound right turn
lanes.
For Sort Use
a) [P] For the intersection of Milliken Avenue and 4th Street - Modify the existing traffic signal to
implement overlap phasing on the westbound right turn lane and modify the traffic signal to implement
overlap phasing for the eastbound right turn lane.
b) [P] For the intersection of Etiwanda Avenue and Arrow Route - Install striping to implement a second
southbound left turn lane.
c) For the intersection of Etiwanda Avenue and Napa Street - Install striping to add a northbound right
turn lane and a second left turn lane. Modify the existing traffic signal to implement a northbound right
turn overlap and a westbound right turn overlap.
d) For the intersection of Haven Avenue and 4th Street - Modify the traffic signal to implement an
optimized cycle length.
e) For the intersection of Etiwanda Avenue and the I -10 eastbound ramps - Restripe the eastbound
shared left and right turn lane to a dedicated right turn lane
Reimbursement. An improvement identified as [P] in above is eligible for a 50% reimbursement of the
actual costs if first constructed by Developer and the same improvement is also required to be
constructed by the Bridge Point development. Developer may receive reimbursement of fifty percent
(50%) of the actual cost of these improvements if the improvements are first constructed by Developer
and the same improvements are also required to be constructed by the Bridge Point Rancho
Cucamonga project located at 12434 4th Street. Alternatively, if the improvement is first constructed by
the Bridge Point Rancho Cucamonga project, then Developer shall pay a reimbursement to the City,
which will be passed through to the Bridge Point Rancho Cucamonga project ’s developer, equal to fifty
percent (50%) of the actual cost of the improvements and is not required to construct the improvements .
Improvements identified as [DIF] are currently listed in the City ’s Transportation Development Impact
Fee Program and are eligible for credit and /or reimbursement up to the amounts identified in the
program as of the date of payment of the Transportation Development Impact Fees. If these
improvements are constructed by others prior to the development of this project, no credits or
10.
www.CityofRC.us Page 6 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
reimbursements shall be owed to Developer.
Fair Share Payment in lieu of Remaining Traffic Improvements. In lieu of constructing the opening year
and horizon year (2040) traffic improvements outlined in the TIA but not described above, Developer
shall have the right to pay a fair share fee into the City ’s Industrial Area Traffic Improvement Fund as
determined by the City Engineer (the “Fair Share Fee”). The Fair Share Fee shall be due prior to
issuance of the first certificate of occupancy for the Project.
New Public Street. Developer shall construct, consistent with the City ’s standards and to the satisfaction
of the City Engineer, a new public street on the west side of the Project site from Napa Street to the
Project’s northerly property line with APN 0229-291-55, to be classified as an Industrial Collector
(66-foot full-width right-of-way). Developer shall be responsible for all costs associated with the design
and construction of the new public street.
Standard Conditions of Approval
Dedication shall be made of the following rights -of-way on the perimeter streets (running from north to
south) along the west boundary:
66 total feet on "A" Street
The industrial road shall be located as shown on the conceptual plans along the westerly boundary and
extend from Napa Street northerly to the north property line.
11.
Rights-of-way and easements shall be dedicated to the City for all public streets, public landscape
areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as
shown on the plans and /or tentative map. Private easements for non -public facilities (cross-lot
drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map.
12.
A final drainage study shall be submitted to and approved by the City Engineer prior to the issuance of
Grading Permits. All drainage facilities shall be installed as required by the City Engineer.
13.
Adequate provisions shall be made for acceptance and disposal of surface drainage entering the
property from adjacent areas.
14.
A permit from the San Bernardino County Flood Control District is required if any grading work is
proposed within its right-of-way.
15.
Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from
the outer edge of a mature tree trunk.
16.
www.CityofRC.us Page 7 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
** 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.
17.
Prior to approval of the parcel map or lot merger, a deposit shall be posted with the City covering the
estimated cost of apportioning the assessments under Assessment Districts LMD 3B, SLD 1 & SLD 6
and CFD 85-1 among the newly created parcels.
18.
Permits or approvals shall be obtained from the following agencies for any work that may impact/ is
within their right of way:
a) Metropolitan Water District;
b) San Bernardino County Flood Control District.
c) Southern California Edison
19.
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 a lot merger .
Formation costs shall be borne by the developer. The developer is required to annex into LMD 3B, SLD
1 & SLD 6 and CFD 85-1.
20.
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.
21.
Construct the following perimeter street improvements including, but not limited to:
Street Name: "A" Street & Napa
Curb & Gutter
A.C. Pvmt
Side-walk
Drive Appr.
Street Lights
Street Trees
22.
www.CityofRC.us Page 8 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
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.
23.
Improvement Plans and Construction:
a. Street improvement plans, including street trees, street lights, and intersection safety lights on future
signal poles, and traffic signal 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.
d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project
along major or secondary streets and at intersections for future traffic signals and interconnect wiring .
Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other
locations approved by 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.
24.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
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 the Public Improvement Plan." Where public
landscape plans are required, tree installation in those areas shall be per the public landscape
improvement plans.
Street Name: Napa Street and Industrial Street
Botanical Name: Platanus Racemosa
Common Name: California Sycamore
Min. Grow Space: 40' o/c
Spacing: 50' o/c
Size: 15 gal. min.
Qty.: to be determined during design
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.
25.
Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted
policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including
driveways. Local residential street intersections and commercial or industrial driveways may have lines
of sight plotted as required.
26.
During construction of "A" Street access shall be maintained for property to the north of the project site.27.
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.
28.
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.
29.
The developer shall be responsible for the relocation of existing utilities as necessary. Prior to the
approval of the Parcel/Final Map, or issuance of a rough or precise grading plan (whichever comes
first), the developer shall provide a non -interference letter (or equivalent) from Southern California
Edison Company.
30.
www.CityofRC.us Page 10 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric
power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements
shall be provided as required.
31.
Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga
Valley Water District (CVWD), other local water or sewer districts, Rancho Cucamonga Fire Protection
District, and the Environmental Health Department of the County of San Bernardino. A letter of
compliance from the CVWD is required prior to final map approval or issuance of permits, whichever
occurs first. Such letter must have been issued by the water district within 90 days prior to final map
approval in the case of subdivision or prior to the issuance of permits in the case of all other residential
projects.
32.
Fire Prevention / New Construction Unit
Standard Conditions of Approval
The parcel in Rancho Cucamonga and the parcel proposed to be annexed into the City are 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.
Locking and latching hardware for access doors is required to be operable from the exterior of the
building and is required to be single action latch/lock release on the interior of the building.
2.
Access doors are required to be identified in accordance with Fire District Standard 5-5. The Standard
has been uploaded to the Documents section.
3.
Access doors are required to be distributed along the exterior of the building such that the lineal
distance between adjacent access doors does not exceed 125 feet measured center to center.
4.
Required alarm systems and supervision systems are required to be in accordance with Fire District
Standard 9-3. The Standard has been uploaded to the Documents section.
5.
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.
6.
www.CityofRC.us Page 11 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Fire Prevention / New Construction Unit
Standard Conditions of Approval
The location, size, construction materials, or other features of this building and the associated project
are such that adequate emergency responder radio coverage may not be achievable within the building
that is proposed. It is highly recommended that a radio signal strength assessment is completed by San
Bernardino County Information Services Department (ISD). Please contact Tim Trager with County ISD
at 909-388-5563 or ttrager@isd.sbcounty.gov
Upon substantial completion and final completion of construction, the fire code official will oversee a
radio signal strength test that is in accordance with the California Fire Code. If acceptable radio
coverage cannot be achieved after construction is completed, equipment necessary to increase the
radio signal strength or otherwise allow adequate emergency responder radio communication will be
required to be installed.
7.
Fire flow information for this project is obtained from the Fontana Water Compnay (FWC). FWC can be
reached at 909-822-2201 or CustomerService@fontanawater.com.
8.
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. 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.
9.
Fire sprinkler are required to be installed in accordance with Fire District Standard 9-5. The Standard
has been uploaded to the Documents section.
10.
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.
11.
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.
12.
A Knox or Fire District padlock is required to be incorporated into the security system for a manually
operated gate that are installed across or provides access to a fire access road (fire lane).
13.
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.
14.
Roof access is required to be in accordance with Fire District Standard 5-6. The Standard has been
uploaded to the Documents section.
15.
Designated and conforming aerial apparatus access is required in accordance with Fire District
Standard 5-1. Show aerial apparatus access on the fire access plan. The Standard has been uploaded
to the Documents section.
16.
www.CityofRC.us Page 12 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Fire Prevention / New Construction Unit
Standard Conditions of Approval
Fire apparatus access (fire lane) design, construction, and identification are required to be in
accordance with Fire District Standard 5-1. The Standard has been uploaded to the Documents
section.
17.
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.
18.
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.
19.
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.
20.
Public and private fire service water mains, public and private hydrants, water control valves, fire
sprinkler risers, fire department connections (FDCs), and other fire protection water related devices and
equipment are required to be provided, designed, and installed in accordance with Fire District
Standard 5-10. The Standard has 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, energy calculations and soils report 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 which are effective at the time of Plan Check Submittal. The new structures are required to be
equipped with automatic fire sprinklers per the California Building Code and Current RCFPD
Ordinance. Disabled access for the site and buildings must be in accordance to the State of California
and ADA regulations. If it is anticipated that there will be a need for temporary fire protection water
supply and/or temporary fire access, submit a separate plan for review and approval that complies with
RCFD Standard 33-3.
Where no public sewer is available an onsite wastewater system for each building shall be designed
and installed per the Local Agency Management Program Ordinance No. 936. A separate submittal
and permit is required for this submittal.
The Metropolitan Water District (MWD) Feeder Line shall be protected from building surcharge and
vehicular loading as noted in the MWD letter dated June 2, 2020. A letter of review and approval from
MWD of the grading plan, drainage plan, septic plan, and building plans is required prior to issuance of
a building permit.
1.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Prior to issuance of a grading permit for non -residential projects the applicant shall show on the
electrical plans and the permitted grading plan set the location for a future installation of an Electric
Vehicle (EV) charging station/parking area per the current adopted California Green Building
Standards Code, section 5.106.5.3.
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 Engineering Services Department prior to the issuance of
building permits.
4.
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”.
5.
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.
6.
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.
7.
If a Rough Grading and Drainage Plan /Permit are submitted to the Engineering Services Department
for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading
and Drainage Plan/Permit.
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.
www.CityofRC.us Page 14 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking
stall gradient at 7 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 City Engineer, or his designee.
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.
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.
All roof drainage flowing to the public right of way (Napa Street) must drain under the sidewalk through a
parkway culvert approved by the Engineering Department. This shall be shown on both the grading and
drainage plan and Engineering Services Department required plans.
17.
Prior to issuance of a grading permit the applicant shall show on the site plan and the permitted grading
plan set for non-residential projects the designated parking for clean air vehicles per the current
adopted California Green Building Standards Code, section 5.106.5.2.
18.
Prior to approval of the project -specific storm water quality management plan, the applicant shall submit
to the City Engineer, 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.
www.CityofRC.us Page 15 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
A drainage study showing a 100-year, AMC 3 design storm event for on -site drainage shall be
prepared and submitted to the Engineering Services Department 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.
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.
21.
San Bernardino County Flood Control District (SBCFCD) shall approve all plans that impact their right
of way, including utilities, storm drain, slopes, and street trees and landscaping prior to issuance of a
grading permit. A note shall be included on all pertinent plans requiring SBCFCD to be notified two
working days prior to starting any work in the vicinity of their easement.
22.
Prior to issuance of a grading permit the applicant shall obtain written comments from San Bernardino
County Flood Control District regarding site design restrictions within their easement and provide a
copy of said comments to the Engineering Services Department for review.
23.
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).
24.
Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of
the project Conditions of Approval.
25.
Metropolitan Water District (MWD) shall approve all plans that impact their easement, including utilities,
storm drain, slopes, and street trees and landscaping prior to issuance of a grading permit. A note shall
be included on all pertinent plans requiring Metropolitan Water District Operations Maintenance Branch
to be notified two working days prior to starting any work in the vicinity of their easement.
26.
Prior to issuance of a grading permit the applicant shall obtain written comments from MWD regarding
site design restrictions within their easement and provide a copy of said comments to the City Engineer
for review.
27.
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
Engineering Services Department and then recorded with the County Recorder’s Office.
28.
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.
29.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for
each underground infiltration device, with the Facility ID Number assigned, to the Engineering Services
Department Official prior to issuance of the Grading Permit and /or approval of the project-specific
Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the
permitted grading plan set, and a copy of said form shall be included in the project -specific Water
Quality Management Plan.
30.
The land owner shall provide an inspection report by a qualified person /company on a biennial basis for
the Class V Injection Wells /underground infiltration chambers to the City of Rancho Cucamonga
Environmental Program Manager. The land owner shall maintain on a regular basis all best
management practices (BMP”s) as described in the Storm Water Quality Management Plan (WQMP)
prepared for the subject project. All costs associated with the underground infiltration chamber are the
responsibility of the land owner.
31.
The land owner shall provide an inspection report on a biennial basis for the structural storm water
treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental
Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water
Quality Management Plan prepared for the subject project. All costs associated with the underground
infiltration chamber are the responsibility of the land owner.
32.
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.
33.
A final project-specific Storm Water Quality Management Plan (WQMP) shall be approved by the City
Engineer, 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.
34.
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.
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.
www.CityofRC.us Page 17 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
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.
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.
40.
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.
41.
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.
42.
www.CityofRC.us Page 18 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
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.
43.
Prior to the issuance of a grading permit by the City of Rancho Cucamonga, the applicant shall obtain
grading permits from the two adjacent parcels that front along Napa Street, from the Authority Having
Jurisdiction (AHJ) over those parcels.
44.
www.CityofRC.us Page 19 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Written permission shall be obtained from Metropolitan Water District (MWD) for any work within their
right-of-way, including grading prior to issuance of a grading permit.
45.
A permit shall be obtained from San Bernardino County Flood Control District if any work is proposed
within their right-of-way, including grading prior to issuance of a grading permit.
46.
www.CityofRC.us Page 20 of 20Printed: 12/2/2021
RESOLUTION NO. 21-77
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
APPROVE CONDITIONAL USE PERMIT DRC2021-00317, A REQUEST TO
ALLOW CERTAIN USES RELATING TO A LOGISTICAL WAREHOUSE,
RELATED TO THE CONSTRUCTION OF TWO NEW INDUSTRIAL
WAREHOUSE BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE
FEET ON CERTAIN PROPERTY LOCATED APPROXIMATELY 650 FEET EAST
OF ETIWANDA AVENUE AND NORTH OF NAPA STREET; AND MAKING
FINDINGS IN SUPPORT THEREOF – APNS: 0229-291-46 AND 54.
A.Recitals.
1.Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P., filed an application for
the approval of Conditional Use Permit DRC2021-00317 for the following uses at two logistics
warehouses at the site described in the title of this resolution: Storage Warehouse, Large Light
Manufacturing, and Large Fulfillment/Distribution Center. Hereinafter in this Resolution, the subject
Conditional Use Permit request is referred to as "the application."
2.The proposed warehouse project is being developed on a speculative basis and, therefore,
the applicant has not identified a specific user for the project at this time. The applicant has requested a
CUP that includes the proposed uses described above in order to account for the likely range of
proposective users at the site once operational.
3.On December 8, 2021, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application and concluded said hearing on that date.
4.All legal prerequisites prior to the adoption of this Resolution have occurred.
B.Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of
the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A,
of this Resolution are true and correct.
2.Based upon the substantial evidence presented to this Commission during the
above-referenced public hearing on December 8, 2021, including written and oral staff reports, together
with public testimony, this Commission hereby specifically finds as follows:
a. The approximate 35-acre project site is located approximately 650 feet east of Etiwanda
Avenue, north of Napa Street. The project site is largely vacant, with an existing rail spur running in a
north-south orientation roughly bisecting the site which serves properties to the south and existing
Southern California Edison (SCE) overhead powerlines traversing the site in an east-west orientation.
The existing rail spur is proposed to remain, however the existing overhead SCE powerlines are
proposed to be relocated, running east-west at the northern property line within the western portion of the
project site, at which point the lines would turn south, and near the frontage of the property be made to
run roughly parallel to Napa Street within the eastern portion of the project site. The proposed project
includes the construction of one new north-south street which will be located along the westerly property
line of the project area and will be designed to eventually connect to a future east-west street located
immediately south of the Metrolink railway and parallel to Napa Street.
Exhibit H
PLANNING COMMISSION RESOLUTION NO. 21-77
CUP DRC2021-00317 – HILLWOOD ENTERPRISES, L.P.
December 8, 2021
Page 2
b. The existing Land Use, General Plan and Zoning Designations for the project site and
adjacent properties are as follows:
Land Use General Plan Zoning**
Site* Vacant
Heavy Industrial (HI) and Flood
Control Utility Corridor (FC/UC) (for
portion within City); General
Industrial (GI)/ General Industrial (I-
G) (for portion within
County/Fontana SOI)
Industrial Employment
(IE) District (for portion
within City); Regional
Industrial (IR) (within
County) and General
Industrial (M-2) (for
portion within
County/Fontana SOI)
North Industrial Heavy Industrial (HI) and Flood
Control/Utility Corridor (FC/UC)
Neo-Industrial (NI)
District
South
Industrial
(County/Fontana
SOI)
General Industrial (GI), Special
Development (SD)/General
Industrial (I-G) (within
County/Fontana SOI)
Regional Industrial (IR);
Kaiser Commerce
Center Specific Plan
(KC/SP)/General
Industrial (M-2) (within
County/Fontana SOI)
West
Industrial and
East Etiwanda
Creek
Heavy Industrial (HI) and Flood
Control/Utility Corridor (FC/UC)
Industrial Employment
(IE) District
East San Sevaine
Channel
Open Space (OS) and General
Industrial (GI) (within
County/Fontana SOI)
Regional Industrial
(IR)/Open Space-Natural
(OS-N) (within
County/Fontana SOI)
*In the 2010 General Plan, APN: 0229-291-54 also includes a “floating” designation as a location for a potential public park”
**Prior to the adoption of Ordinance 982, the Industrial Employment (IE) zoning district was referred to as the Heavy Industrial (HI) district
and the Neo-Industrial (NI) district was referred to as the General Industrial (GI) district.
c. In addition to the subject Conditional Use Permit, the project scope includes: Annexation
(DRC2020-00185) to annex APN: 0229-291-46 and a portion of APN: 0229-291-23 into the City of
Rancho Cucamonga; General Plan Amendment (DRC2020-00184) to assign a land use designation to
parcels, and portions thereof, to be annexed and to redeisngate portions of the project area from Flood
Control/Utility Corridor to Heavy Industrial, and remove a Floating Park deisngation for APN: 0229-291-
54; Pre-Zoning (DRC2020-00186) to assign a pre-zoning designation to those parcels and portions
thereof to be annexed; Tentative Parcel Map (SUBTPM20251) to create two new parcels; and Design
Review (DRC2020-00177), Conditional Use Permit (DRC2021-00317) and Uniform Sign Program
(DRC2020-00178) to permit the use, construction and signage of the proposed project. The project
scope also includes the proposal by the applicant of a Development Agreement (DRC2021-00180); and
PLANNING COMMISSION RESOLUTION NO. 21-77
CUP DRC2021-00317 – HILLWOOD ENTERPRISES, L.P.
December 8, 2021
Page 3
d. The project is for the development of two new industrial warehouse buildings on two
new parcels of land: Building A will total approximately 500,648 square feet including approximately
10,000 square feet of office space, and Building B will total approximately 155,230 square feet and
include an office area of approximately 10,000 square feet square feet; and
e. The project requires 183 parking stalls and 79 trailer loading stalls for Building A and 97
parking stalls and 20 trailer loading stalls for Building B. Accordingly, the project provides 275 parking
stalls and 87 trailer loading stalls for Building A, and 108 parking stalls and 20 trailer loading stalls for
Building B; and
f. The project’s compliance with the related development standards is shown in the
following tables:
Parking Ratio Required
Parking
Provided
Parking Complies?
Warehouse/storage
and office
1 per 1,000 sf for the first
20,000 sf; 1 per 2,000 sf for
the next 20,000 sf, and 1 per
Building
A: 183
stalls;
Building A:
275;
Building B:
YES
Development
Standard Required Proposed Complies?
Building Height
Maximum 35 feet (at front
setback) and
75 feet (1-foot increment
from the front setback
line)
Building A: (var.) 46-58.5 feet
(beyond setback); Building B:
(var.) 38-50.5 feet (beyond
front setback)
YES
Floor Area Ratio
(FAR) 40-50% Building A: 42.9%; Building B:
41.1% YES
Front Building
Setback Min. 25 feet
Building A: 46 feet (Napa St.);
Building B: 39.5 feet (Via
Maris Place)
YES
Street Side
Setback
Min. 25 Feet (Napa Street
for Building B) 69 feet (approx.) YES
Average Depth of
Landscape 25 feet 27 feet (Via Maris Place); 25
feet (Napa St.) YES
Parking Setback Min. 15 feet (var.) 15-31 feet (approx.) YES
Interior Side Yard
Setback Min. 5 feet
Building A: 314.5 feet (west
PL), 126 feet (east PL);
Building B: 137.3 (northerly
property line)
YES
Rear Yard
Setback Min. 0 feet Building A: 144 feet (approx.);
Building B: 75.3 YES
Open
Space/Landscape
Standards
5% Building A: 8.3%; Building B:
10.7% YES
Note: the proposed “Alternative Site Plan” proposing only Building A also meets all
relevant development standards
PLANNING COMMISSION RESOLUTION NO. 21-77
CUP DRC2021-00317 – HILLWOOD ENTERPRISES, L.P.
December 8, 2021
Page 4
4,000 sf for remaining sf
Office requires 1 per 250 sf
Building
B: 97
stalls
108
Trailer Loading
Stalls 1 per loading dock
Building
A: 79;
Building
B: 20
Building A:
87;
Building B:
20
YES
3. Based upon the substantial evidence presented to this Commission during the
above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2
above, this Commission hereby finds and concludes as follows:
a. The proposed uses are consistent with the General Plan. Allowing the proposed uses at
the proposed location would be consistent with and help achieve the goals, objectives and policies of the
general plan and the development code. Storage Warehouses are permitted within the Industrial
Employment (IE) District subject to the approval of a Conditional Use Permit. This Conditional Use
Permit also allows Large Light Manufacturing, and Large Fulfillment/Distribution Center which is typically
permitted subject to the approval of a Minor Use Permit. Allowing the proposed uses at the proposed
location would achieve General Plan Policy ED-1.5 (Support housing opportunities for workers of all
income ranges) and Policy ED-4.5 (Review and understand the fiscal, job creation, and economic
benefits of new proposed uses in the City’s industrial-zoned areas) as the developer has agreed to pay a
Community Benefit Fee to offset any impact to the City’s affordable housing demand as a result of the
number of jobs anticipated to be created by the use. The project would also achieve ED-4.3 (Improve
connectivity between development projects to create a more cohesive atmosphere) as the project
involves the construction of a new north-south public street, thereby improving connectivity within the
vicinity of the project site.
b. The proposed uses areconsistent with the purposes of the development code and the
purposes of the applicable zoning district as well as any applicable specific plans or city
regulations/standards. The proposed improvements of the site, including building design, height and bulk
of buildings, setbacks fencing, landscaping, signage size and location are compatible with the
surrounding neighborhood or area. The project meets all relevant development standards including
height, setbacks, fencing and landscaping. The buildings design, including bulk and massing, comply
with design criteria established by the Development Code.
c. The site is physically suitable for the type, density and intensity of the uses being
proposed, including access, utilities, and the absence of physical constraints that would make conduct of
the use undesirable. Adequate public facilities and services are available to serve the proposed use or
will be made available concurrent with the proposed development. The project has street frontage on
Napa Street and a new north south street proposed along the westerly boundary of the project area. The
site is served, or will be conditioned to be served by, services and utilities provided by Burrtec Waste
Industries, Southern California Edison, Rancho Cucamonga Municipal Utility, and all other public and
private services that accommodate the proposed project.
d. The design, location, size and operating characteristics of the proposd uses would be
compatible with the existing and other permitted uses in the vicinity including transportation and service
facilities. The operating characteristics of the proposed uses, including traffic, noise, light, and other
PLANNING COMMISSION RESOLUTION NO. 21-77
CUP DRC2021-00317 – HILLWOOD ENTERPRISES, L.P.
December 8, 2021
Page 5
characteristics, will be in keeping with the character of the neighborhood and other adjacent uses in the
vicinity. The project involves the construction of two new industrial warehouse uses of similar scale and
characteristics to those within the surrounding vicinity. The proposed use is required to comply with all
relevant industrial performance standards pursuant to the Development Code for noise, vibration,
particulate matter and air contaminants, odor, and humidity, heat, and glare. Further, the Environmental
Impact Report prepared for the project identified mitigation measures which when implemented will
mitigate traffic characteristics to less than significant levels
e. Granting the permit would not constitute a nuisance or be injurious or detrimental to the
public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or
improvements in the vicinity and zoning district in which the property is located. The factors to be
considered in making this finding include: i) property damage or nuisance arising from noise, smoke,
odor, dust, vibration or illumination caused by the use; ii) hazard to persons or property from possible
explosion, contamination, fire or flood caused by the use; and iii) significantly increase the volume of
traffic or negatively alter the pattern of traffic. The Environmental Impact Report prepared for the project
outlines potential environmental impacts related to the project and identifies project-specific mitigation
measures that reduce these impacts to less-than-significant. The proposed use will not be detrimental to
the public health, safety, or welfare, or be materially injurious to properties or improvements in the
vicinity.
f. The proposed uses will not pose an undue burden on city services, including police, fire,
streets, and other public utilities, such that the city is unable to maintain its current level of service due to
the use. The EIR demonstrates that the project will not cause an impact to public services. The
developer and the City have negotiated a development agreement which will result in the developer
paying the City a Community Benefit Fee to further offset any impacts to city services, including police,
fire, street, and other public utilities.
g. The proposed project has been reviewed in compliance with the California
Environmental Quality Act (CEQA). An Environmental Impact Report (SCH: 2020090076) has been
prepared for this project.
4. The Conditional Use Permit, in addition to the General Plan Amendment, Annexation, Pre-
Zoning, Tentative Parcel Map, Design Review, Uniform Sign Program and Development Agreement
(collectively, the “Project”) were environmentally reviewed pursuant to the California Environmental
Quality Act (CEQA) and the State CEQA Guidelines. Pursuant to CEQA Guidelines Section 15060(d),
the City determined that an EIR would clearly be required for the Project, and therefore prepared an
environmental impact report (EIR) that focused on the potentially significant effects of the Project Based
upon the facts and information contained in the EIR prepared for the Project and the entire record before
it, the Planning Commission recommends the City Council certify the final EIR, adopt findings of fact
pursuant to CEQA, and adopt the Mitigation Monitoring and Reporting Program (MMRP) for the project,
incorporated herein by this reference, based upon the findings as follows:
a. A Notice of Availability advertising the availability of the Draft EIR
was circulated for a period of 45-days beginning on June 29, 2021 and ending on August 13,
2021; and
b. Pursuant to CEQA Guidelines Section 15025(c), the Planning
Commission has reviewed the EIR in both its draft and final forms, attached as exhibits to the
PLANNING COMMISSION RESOLUTION NO. 21-77
CUP DRC2021-00317 – HILLWOOD ENTERPRISES, L.P.
December 8, 2021
Page 6
staff report accompanying the Planning Commission’s consideration of the Project and
incorporated herein by this reference, and all comments received regarding the EIR and, based
on the whole record before it, finds that the EIR was prepared in compliance with CEQA; and The
Planning Commission further finds that this recommendation reflects the independent judgment
and analysis of the Planning Commission; and
c. The Planning Commission has also reviewed and considered the
Mitigation Monitoring and Reporting Program (MMRP) for the project that has been prepared
pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such
Program is designed to ensure compliance with the mitigation measures during project
implementation; and
d. The custodian of records for the EIR, Mitigation Monitoring
Program, and all other materials which constitute the record of proceedings upon which the City
Council’s decision is based is the Planning Director of the City of Rancho Cucamonga. Those
documents are available for public review in the Planning Department of the City of Rancho
Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730,
telephone (909) 477-2750.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this
Commission hereby recommends that the City Council approve the application subject to each and every
condition set forth in the Conditions of Approval attached hereto and incorporated herein by this
reference.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 8th DAY OF DECEMBER 2021.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Francisco Oaxaca, Chairman
ATTEST:
Matt Burris, AICP, Secretary
I, Matt Burris, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby
certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the
Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning
Commission held on the 8th day of December 2021, by the following vote-to-wit:
PLANNING COMMISSION RESOLUTION NO. 21-77
CUP DRC2021-00317 – HILLWOOD ENTERPRISES, L.P.
December 8, 2021
Page 7
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Conditions of Approval
Community Development Department
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
The project shall comply with all mitigation measures identified in the Environmental Impact Report SCH
No. (2020090076) and the corresponding Mitigation Monitoring and Reporting Program.
1.
The proposed public street shall be named Via Maris Place. This street name shall be submitted for
Planning Director review and approval in accordance with the adopted Street Naming Policy prior to
approval of the final map.
2.
Standard Conditions of Approval
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.
3.
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 appropriate discretionary body
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.
4.
This project is subject to public art requirement outlined in Chapter 17.124 of the Development Code, in
accordance with Development Agreement DRC2021-00175. The applicant shall be required to install
art onsite pursuant to Development Code Section 17.124 with a minimum value of $100,000, pursuant
to Development Agreement DRC2021-00175.
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.
5.
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.
6.
www.CityofRC.us
Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
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 at its own expense in the
defense of any such action but such participation shall not relieve applicant of his obligations under this
condition.
7.
Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of
Approval, and all environmental mitigations shall be included on the plans (full size). The sheet (s) are for
information only to all parties involved in the construction /grading activities and are not required to be
wet sealed/stamped by a licensed Engineer/Architect.
8.
The applicant shall be required to pay California Department of Fish and Wildlife Notice of
Determination & Environmental Impact Report fee. All checks are to be made payable to the Clerk of
the Board Supervisors and submitted to the Planning Department within 5 days of the approval of the
project by Planning Commission/City Council.
9.
Front yard and corner side yard landscaping and irrigation shall be required per the Development
Code. This requirement shall be in addition to the required street trees and slope planting. All
landscaping shall be installed to the satisfaction of the Planning Department prior to the issuance of final
occupancy.
10.
A detailed landscape and irrigation plan, including slope planting and model home landscaping in the
case of residential development, shall be prepared by a licensed landscape architect and submitted for
Planning Director review and approval prior to the issuance of Building Permits for the development or
prior final map approval in the case of a custom lot subdivision. For development occurring in the Very
High Fire Hazard Severity Zone, the landscape plans will also be reviewed by Fire Construction
Services.
11.
The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the
required landscape plans and shall be subject to Planning Director review and approval and
coordinated for consistency with any parkway landscaping plan which may be required by the
Engineering Services Department.
12.
Landscaping and irrigation systems required to be installed within the public right -of-way on the
perimeter of this project area shall be continuously maintained by the developer.
13.
The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any
signs proposed for this development shall comply with the Development Code and Uniform Sign
Program approved as part of this application. Sign plans shall be submitted for review and approval by
the Building and Planning Departments as necessary prior to the issuance of sign permits.
14.
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.
15.
www.CityofRC.us Page 2 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
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.
16.
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 office corner of the
building. 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)
screened behind a 4-foot high wall. For this project, these walls shall be constructed of poured in -place
concrete with design elements incorporated to match the building.
17.
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.
Decorative paving shall be provided at each vehicle entrance to the site, behind the public right -of-way.
These decoratively paved areas shall extend from the front property line to the building setback line and
have a width equal to that of the driveway.
18.
Prior to any use of the project site or business activity being commenced thereon, all Conditions of
Approval shall be completed to the satisfaction of the Planning Director.
19.
Occupancy of the facilities shall not commence until such time as all California Building Code and State
Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the
Rancho Cucamonga Fire Protection District and the Building and Safety Services Department to show
compliance. The buildings shall be inspected for compliance and final acceptance granted prior to
occupancy.
20.
All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for
consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building,
etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has
commenced, whichever comes first.
21.
Trash receptacle (s) are required and shall meet City standards. The final design, locations, and the
number of trash receptacles shall be subject to Planning Director review and approval prior to the
issuance of Building Permits.
22.
For commercial and industrial projects, paint roll -up doors and service doors to match main building
colors.
23.
This tentative tract map or tentative parcel map shall expire, unless extended by the Planning
Commission, unless a complete final map is filed with the Engineering Services Department within 3
years from the date of the approval.
24.
All building numbers and individual units shall be identified in a clear and concise manner, including
proper illumination and in conformance with Building and Safety Services Department standards, the
Municipal Code and the Rancho Cucamonga Fire Department (RCFD) Standards.
25.
www.CityofRC.us Page 3 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Engineering Services Department
Please be advised of the following Special Conditions
The existing driveways on Napa Street shall meet City Standard. If the driveways do not meet City
Standard the developer shall be responsible for the reconstruction of the driveways.
1.
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.
2.
Development impact fees are due prior to issuance of a building permit or certificate of occupancy per
the Engineering Fee schedule, Government Code Section 66000, et seq. and local ordinance. Pursuant
to Government Code Section 66020(d), the 90-day approval period in which the applicant may protest
these fees will begin at the date the fees are invoiced. Protests must be made in writing and be
delivered to the City Clerk prior to the close of business on the 90th day of the 90-day approval period
3.
RCMU Requirement: 1)Electric: The Rancho Cucamonga Municipal Utility (RCMU) shall be the
electrical service provider for all project related development. The Developer shall execute a Line
Extension Agreement for electric service and shall construct electrical distribution facilities in
accordance with such agreement and RCMU requirements and dedicate such facilities to the Rancho
Cucamonga Municipal Utility. RCMU’s existing underground electric system will be located off of
Etiwanda Ave.
4.
RCMU Requirement: 2)Fiber: The proposed development is slated to be included in the City ’s
Fiber Optic Master Plan that would provide a City owned Fiber-to-the-Premise (FTTP) infrastructure.
The City will require the developer to install a 1-4” UG Fiber Optic dark conduit on the north side of
Napa Street along the project boundary along with a 3’x4’x3’ pullbox on each end of the route and into
the project boundary. The size, placement and location of the conduit and vaults shall be shown on the
Street Improvement and/or Public Improvement Plans and subject to the Engineering Services
Department's review and approval prior to the issuance of building permits or final map approval,
whichever comes first.
On site, the City will require 1-2” UG HDPE or equal fiber optic conduit to be placed underground within
a duct and structure system to be installed joint trench by the Developer per Standard Drawing 135-137
and interconnected into the City's 4" fiber optic conduit. The size, placement and location of the conduit
and/or vaults shall run into the building's telecommunication room and be shown on the final dry utility
onsite substructure plans and subject to the Engineering Services Department's review and approval
prior to the issuance of building permits or final map approval, whichever comes first.
5.
RCMU Requirement: 3) Streetlights: The existing streetlights along the frontage of the project boundary
will need to be deeded to the City and retrofitted to the City ’s streetlight Standard Drawing 410. New
Streetlights shall be installed along the proposed Industrial Road along the west boundary. Developer
shall be responsible to coordinate and pay all costs of the street lights and to provide power to City
owned street lights.
6.
www.CityofRC.us Page 4 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
No grading, encroachment, or building permits will be issued until the northerly half portion of Napa St. is
annexed into the City.
7.
Relocation of Edison Facilities to the north side of Napa St. must be undergrounded per the City's
Undergrounding Policy. All electrical lines less than 66kv (telephone & cable) shall be undergrounded.
8.
Prior to approval of the parcel map the northerly half of Napa Street shall be annexed into the City.9.
www.CityofRC.us Page 5 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
Developer shall construct the following traffic improvements and dedicate the necessary right -of-way
consistent with the Project's TIA and determined necessary by the City Engineer
For Non-Sort Use
a) [DIF] For the intersection of Etiwanda Avenue and 6th Street - Install a traffic signal
b) [P] For the intersection of 4th Street at the I-15 SB Ramps and Ontario Mills Drive - Modify existing
traffic signal to implement a 130-second cycle length and overlap phasing for the westbound right turn
lane, restripe the southbound approach to provide one left turn lane, one through lane, and dual right turn
lanes. Modify the traffic signal to implement overlap phasing for northbound and southbound right turn
lanes.
For Sort Use
a) [P] For the intersection of Milliken Avenue and 4th Street - Modify the existing traffic signal to
implement overlap phasing on the westbound right turn lane and modify the traffic signal to implement
overlap phasing for the eastbound right turn lane.
b) [P] For the intersection of Etiwanda Avenue and Arrow Route - Install striping to implement a second
southbound left turn lane.
c) For the intersection of Etiwanda Avenue and Napa Street - Install striping to add a northbound right
turn lane and a second left turn lane. Modify the existing traffic signal to implement a northbound right
turn overlap and a westbound right turn overlap.
d) For the intersection of Haven Avenue and 4th Street - Modify the traffic signal to implement an
optimized cycle length.
e) For the intersection of Etiwanda Avenue and the I -10 eastbound ramps - Restripe the eastbound
shared left and right turn lane to a dedicated right turn lane
Reimbursement. An improvement identified as [P] in above is eligible for a 50% reimbursement of the
actual costs if first constructed by Developer and the same improvement is also required to be
constructed by the Bridge Point development. Developer may receive reimbursement of fifty percent
(50%) of the actual cost of these improvements if the improvements are first constructed by Developer
and the same improvements are also required to be constructed by the Bridge Point Rancho
Cucamonga project located at 12434 4th Street. Alternatively, if the improvement is first constructed by
the Bridge Point Rancho Cucamonga project, then Developer shall pay a reimbursement to the City,
which will be passed through to the Bridge Point Rancho Cucamonga project ’s developer, equal to fifty
percent (50%) of the actual cost of the improvements and is not required to construct the improvements .
Improvements identified as [DIF] are currently listed in the City ’s Transportation Development Impact
Fee Program and are eligible for credit and /or reimbursement up to the amounts identified in the
program as of the date of payment of the Transportation Development Impact Fees. If these
improvements are constructed by others prior to the development of this project, no credits or
10.
www.CityofRC.us Page 6 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
reimbursements shall be owed to Developer.
Fair Share Payment in lieu of Remaining Traffic Improvements. In lieu of constructing the opening year
and horizon year (2040) traffic improvements outlined in the TIA but not described above, Developer
shall have the right to pay a fair share fee into the City ’s Industrial Area Traffic Improvement Fund as
determined by the City Engineer (the “Fair Share Fee”). The Fair Share Fee shall be due prior to
issuance of the first certificate of occupancy for the Project.
New Public Street. Developer shall construct, consistent with the City ’s standards and to the satisfaction
of the City Engineer, a new public street on the west side of the Project site from Napa Street to the
Project’s northerly property line with APN 0229-291-55, to be classified as an Industrial Collector
(66-foot full-width right-of-way). Developer shall be responsible for all costs associated with the design
and construction of the new public street.
Standard Conditions of Approval
Dedication shall be made of the following rights -of-way on the perimeter streets (running from north to
south) along the west boundary:
66 total feet on "A" Street
The industrial road shall be located as shown on the conceptual plans along the westerly boundary and
extend from Napa Street northerly to the north property line.
11.
Rights-of-way and easements shall be dedicated to the City for all public streets, public landscape
areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as
shown on the plans and /or tentative map. Private easements for non -public facilities (cross-lot
drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map.
12.
A final drainage study shall be submitted to and approved by the City Engineer prior to the issuance of
Grading Permits. All drainage facilities shall be installed as required by the City Engineer.
13.
Adequate provisions shall be made for acceptance and disposal of surface drainage entering the
property from adjacent areas.
14.
A permit from the San Bernardino County Flood Control District is required if any grading work is
proposed within its right-of-way.
15.
Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from
the outer edge of a mature tree trunk.
16.
www.CityofRC.us Page 7 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
** 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.
17.
Prior to approval of the parcel map or lot merger, a deposit shall be posted with the City covering the
estimated cost of apportioning the assessments under Assessment Districts LMD 3B, SLD 1 & SLD 6
and CFD 85-1 among the newly created parcels.
18.
Permits or approvals shall be obtained from the following agencies for any work that may impact/ is
within their right of way:
a) Metropolitan Water District;
b) San Bernardino County Flood Control District.
c) Southern California Edison
19.
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 a lot merger .
Formation costs shall be borne by the developer. The developer is required to annex into LMD 3B, SLD
1 & SLD 6 and CFD 85-1.
20.
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.
21.
Construct the following perimeter street improvements including, but not limited to:
Street Name: "A" Street & Napa
Curb & Gutter
A.C. Pvmt
Side-walk
Drive Appr.
Street Lights
Street Trees
22.
www.CityofRC.us Page 8 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
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.
23.
Improvement Plans and Construction:
a. Street improvement plans, including street trees, street lights, and intersection safety lights on future
signal poles, and traffic signal 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.
d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project
along major or secondary streets and at intersections for future traffic signals and interconnect wiring .
Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other
locations approved by 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.
24.
www.CityofRC.us Page 9 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
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 the Public Improvement Plan." Where public
landscape plans are required, tree installation in those areas shall be per the public landscape
improvement plans.
Street Name: Napa Street and Industrial Street
Botanical Name: Platanus Racemosa
Common Name: California Sycamore
Min. Grow Space: 40' o/c
Spacing: 50' o/c
Size: 15 gal. min.
Qty.: to be determined during design
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.
25.
Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted
policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including
driveways. Local residential street intersections and commercial or industrial driveways may have lines
of sight plotted as required.
26.
During construction of "A" Street access shall be maintained for property to the north of the project site.27.
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.
28.
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.
29.
The developer shall be responsible for the relocation of existing utilities as necessary. Prior to the
approval of the Parcel/Final Map, or issuance of a rough or precise grading plan (whichever comes
first), the developer shall provide a non -interference letter (or equivalent) from Southern California
Edison Company.
30.
www.CityofRC.us Page 10 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric
power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements
shall be provided as required.
31.
Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga
Valley Water District (CVWD), other local water or sewer districts, Rancho Cucamonga Fire Protection
District, and the Environmental Health Department of the County of San Bernardino. A letter of
compliance from the CVWD is required prior to final map approval or issuance of permits, whichever
occurs first. Such letter must have been issued by the water district within 90 days prior to final map
approval in the case of subdivision or prior to the issuance of permits in the case of all other residential
projects.
32.
Fire Prevention / New Construction Unit
Standard Conditions of Approval
The parcel in Rancho Cucamonga and the parcel proposed to be annexed into the City are 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.
Locking and latching hardware for access doors is required to be operable from the exterior of the
building and is required to be single action latch/lock release on the interior of the building.
2.
Access doors are required to be identified in accordance with Fire District Standard 5-5. The Standard
has been uploaded to the Documents section.
3.
Access doors are required to be distributed along the exterior of the building such that the lineal
distance between adjacent access doors does not exceed 125 feet measured center to center.
4.
Required alarm systems and supervision systems are required to be in accordance with Fire District
Standard 9-3. The Standard has been uploaded to the Documents section.
5.
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.
6.
www.CityofRC.us Page 11 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Fire Prevention / New Construction Unit
Standard Conditions of Approval
The location, size, construction materials, or other features of this building and the associated project
are such that adequate emergency responder radio coverage may not be achievable within the building
that is proposed. It is highly recommended that a radio signal strength assessment is completed by San
Bernardino County Information Services Department (ISD). Please contact Tim Trager with County ISD
at 909-388-5563 or ttrager@isd.sbcounty.gov
Upon substantial completion and final completion of construction, the fire code official will oversee a
radio signal strength test that is in accordance with the California Fire Code. If acceptable radio
coverage cannot be achieved after construction is completed, equipment necessary to increase the
radio signal strength or otherwise allow adequate emergency responder radio communication will be
required to be installed.
7.
Fire flow information for this project is obtained from the Fontana Water Compnay (FWC). FWC can be
reached at 909-822-2201 or CustomerService@fontanawater.com.
8.
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. 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.
9.
Fire sprinkler are required to be installed in accordance with Fire District Standard 9-5. The Standard
has been uploaded to the Documents section.
10.
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.
11.
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.
12.
A Knox or Fire District padlock is required to be incorporated into the security system for a manually
operated gate that are installed across or provides access to a fire access road (fire lane).
13.
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.
14.
Roof access is required to be in accordance with Fire District Standard 5-6. The Standard has been
uploaded to the Documents section.
15.
Designated and conforming aerial apparatus access is required in accordance with Fire District
Standard 5-1. Show aerial apparatus access on the fire access plan. The Standard has been uploaded
to the Documents section.
16.
www.CityofRC.us Page 12 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Fire Prevention / New Construction Unit
Standard Conditions of Approval
Fire apparatus access (fire lane) design, construction, and identification are required to be in
accordance with Fire District Standard 5-1. The Standard has been uploaded to the Documents
section.
17.
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.
18.
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.
19.
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.
20.
Public and private fire service water mains, public and private hydrants, water control valves, fire
sprinkler risers, fire department connections (FDCs), and other fire protection water related devices and
equipment are required to be provided, designed, and installed in accordance with Fire District
Standard 5-10. The Standard has 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, energy calculations and soils report 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 which are effective at the time of Plan Check Submittal. The new structures are required to be
equipped with automatic fire sprinklers per the California Building Code and Current RCFPD
Ordinance. Disabled access for the site and buildings must be in accordance to the State of California
and ADA regulations. If it is anticipated that there will be a need for temporary fire protection water
supply and/or temporary fire access, submit a separate plan for review and approval that complies with
RCFD Standard 33-3.
Where no public sewer is available an onsite wastewater system for each building shall be designed
and installed per the Local Agency Management Program Ordinance No. 936. A separate submittal
and permit is required for this submittal.
The Metropolitan Water District (MWD) Feeder Line shall be protected from building surcharge and
vehicular loading as noted in the MWD letter dated June 2, 2020. A letter of review and approval from
MWD of the grading plan, drainage plan, septic plan, and building plans is required prior to issuance of
a building permit.
1.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Prior to issuance of a grading permit for non -residential projects the applicant shall show on the
electrical plans and the permitted grading plan set the location for a future installation of an Electric
Vehicle (EV) charging station/parking area per the current adopted California Green Building
Standards Code, section 5.106.5.3.
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 Engineering Services Department prior to the issuance of
building permits.
4.
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”.
5.
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.
6.
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.
7.
If a Rough Grading and Drainage Plan /Permit are submitted to the Engineering Services Department
for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading
and Drainage Plan/Permit.
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.
www.CityofRC.us Page 14 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking
stall gradient at 7 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 City Engineer, or his designee.
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.
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.
All roof drainage flowing to the public right of way (Napa Street) must drain under the sidewalk through a
parkway culvert approved by the Engineering Department. This shall be shown on both the grading and
drainage plan and Engineering Services Department required plans.
17.
Prior to issuance of a grading permit the applicant shall show on the site plan and the permitted grading
plan set for non-residential projects the designated parking for clean air vehicles per the current
adopted California Green Building Standards Code, section 5.106.5.2.
18.
Prior to approval of the project -specific storm water quality management plan, the applicant shall submit
to the City Engineer, 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.
www.CityofRC.us Page 15 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
A drainage study showing a 100-year, AMC 3 design storm event for on -site drainage shall be
prepared and submitted to the Engineering Services Department 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.
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.
21.
San Bernardino County Flood Control District (SBCFCD) shall approve all plans that impact their right
of way, including utilities, storm drain, slopes, and street trees and landscaping prior to issuance of a
grading permit. A note shall be included on all pertinent plans requiring SBCFCD to be notified two
working days prior to starting any work in the vicinity of their easement.
22.
Prior to issuance of a grading permit the applicant shall obtain written comments from San Bernardino
County Flood Control District regarding site design restrictions within their easement and provide a
copy of said comments to the Engineering Services Department for review.
23.
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).
24.
Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of
the project Conditions of Approval.
25.
Metropolitan Water District (MWD) shall approve all plans that impact their easement, including utilities,
storm drain, slopes, and street trees and landscaping prior to issuance of a grading permit. A note shall
be included on all pertinent plans requiring Metropolitan Water District Operations Maintenance Branch
to be notified two working days prior to starting any work in the vicinity of their easement.
26.
Prior to issuance of a grading permit the applicant shall obtain written comments from MWD regarding
site design restrictions within their easement and provide a copy of said comments to the City Engineer
for review.
27.
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
Engineering Services Department and then recorded with the County Recorder’s Office.
28.
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.
29.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for
each underground infiltration device, with the Facility ID Number assigned, to the Engineering Services
Department Official prior to issuance of the Grading Permit and /or approval of the project-specific
Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the
permitted grading plan set, and a copy of said form shall be included in the project -specific Water
Quality Management Plan.
30.
The land owner shall provide an inspection report by a qualified person /company on a biennial basis for
the Class V Injection Wells /underground infiltration chambers to the City of Rancho Cucamonga
Environmental Program Manager. The land owner shall maintain on a regular basis all best
management practices (BMP”s) as described in the Storm Water Quality Management Plan (WQMP)
prepared for the subject project. All costs associated with the underground infiltration chamber are the
responsibility of the land owner.
31.
The land owner shall provide an inspection report on a biennial basis for the structural storm water
treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental
Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water
Quality Management Plan prepared for the subject project. All costs associated with the underground
infiltration chamber are the responsibility of the land owner.
32.
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.
33.
A final project-specific Storm Water Quality Management Plan (WQMP) shall be approved by the City
Engineer, 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.
34.
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.
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.
www.CityofRC.us Page 17 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
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.
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.
40.
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.
41.
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.
42.
www.CityofRC.us Page 18 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
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.
43.
Prior to the issuance of a grading permit by the City of Rancho Cucamonga, the applicant shall obtain
grading permits from the two adjacent parcels that front along Napa Street, from the Authority Having
Jurisdiction (AHJ) over those parcels.
44.
www.CityofRC.us Page 19 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Written permission shall be obtained from Metropolitan Water District (MWD) for any work within their
right-of-way, including grading prior to issuance of a grading permit.
45.
A permit shall be obtained from San Bernardino County Flood Control District if any work is proposed
within their right-of-way, including grading prior to issuance of a grading permit.
46.
www.CityofRC.us Page 20 of 20Printed: 12/2/2021
RESOLUTION NO. 21-78
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
APPROVE UNIFORM SIGN PROGRAM DRC2020-00178, A REQUEST TO
ESTABLISH A UNIFORM SIGN PROGRAM RELATED TO A PROPOSED
DEVELOPMENT ON AN APPROXIMATE 35-ACRE PROJECT SITE ON
CERTAIN PROPERTY LOCATED APPROXIAMTELY 650 FEET EAST OF
ETIWANDA AVENUE NORTH OF NAPA STREET; AND MAKING FINDINGS IN
SUPPORT THEREOF – APN: 0229-291-46 AND 0229-291-54.
A.Recitals.
1.Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P., filed an application for
the approval of Uniform Sign Program DRC2020-00178, as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Uniform Sign Program request is referred to as "the
application."
2.On the 8th day of December 2021, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said
hearing on that date.
3.All legal prerequisites prior to the adoption of this Resolution have occurred.
B.Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of
the City of Rancho Cucamonga as follows:
1.This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A,
of this Resolution are true and correct.
2.Based upon the substantial evidence presented to this Commission during the
above-referenced public hearings of December 8, 2021, including written and oral staff reports, together
with public testimony, this Commission hereby specifically finds as follows:
a.The approximate 35-acre project site is located approximately 650 feet east of Etiwanda
Avenue north of Napa Street; and
b.The project site is largely vacant, with an existing rail spur running in a north-south
orientation roughly bisecting the site which serves properties to the south and existing Southern
California Edison (SCE) overhead powerlines traversing the site in an east-west orientation. The existing
rail spur is proposed to remain, however the existing overhead SCE powerlines are proposed to be
relocated, running east-west at the northern property line within the western portion of the project site, at
which point the lines would turn south, and near the frontage of the property be made to run roughly
parallel to Napa Street within the eastern portion of the project site. The proposed project includes the
construction of one new north-south street which will be located along the westerly property line of the
project area and will be designed to eventually connect to a future east-west street located immediately
south of the Metrolink railway and parallel to Napa Street; and
c.The existing Land Use, General Plan and Zoning Designations for the project site and
adjacent properties are as follows:
Exhibit I
PLANNING COMMISSION RESOLUTION NO. 21-78
USP DRC2020-00178 – HILLWOOD ENTERPRISES, L.P.
DECEMBER 8, 2021
Page 2
Land Use General Plan Zoning**
Site* Vacant
Heavy Industrial (HI) and Flood
Control Utility Corridor (FC/UC) (for
portion within City); General
Industrial (GI)/ General Industrial (I-
G) (for portion within
County/Fontana SOI)
Industrial Employment
(IE) District (for portion
within City); Regional
Industrial (IR) (within
County) and General
Industrial (M-2) (for
portion within Fontana
SOI)
North Industrial Heavy Industrial (HI) and Flood
Control/Utility Corridor (FC/UC)
Neo-Industrial (NI)
District
South
Industrial
(County/Fontana
SOI)
General Industrial (GI), Special
Development (SD)/General
Industrial (I-G) (within
County/Fontana SOI)
Regional Industrial (IR);
Kaiser Commerce
Center Specific Plan
(KC/SP)/General
Industrial (M-2) (within
County/Fontana SOI)
West
Industrial and
East Etiwanda
Creek
Heavy Industrial (HI) and Flood
Control/Utility Corridor (FC/UC)
Industrial Employment
(IE) District
East San Sevaine
Channel
Open Space (OS) and General
Industrial (GI) (within
County/Fontana SOI)
Regional Industrial
(IR)/Open Space-Natural
(OS-N) (within
County/Fontana SOI)
*In the 2010 General Plan, APN: 0229-291-54 also includes a “floating” designation as a location for a potential public park”
**Prior to the adoption of Ordinance 982, the Industrial Employment (IE) zoning district was referred to as the Heavy Industrial (HI) district
and the Neo-Industrial (NI) district was referred to as the General Industrial (GI) district.
d. The project is for the development of two new industrial warehouse buildings on two
new parcels of land: Building A will total approximately 500,648 square feet including approximately
10,000 square feet of office space, and Building B will total approximately 155,230 square feet and
include an office area of approximately 10,000 square feet square feet. The project requires 183 parking
stalls and 79 trailer loading stalls for Building A and 97 parking stalls and 20 trailer loading stalls for
Building B. Accordingly, the project provides 275 parking stalls and 87 trailer loading stalls for Building A,
and 108 parking stalls and 20 trailer loading stalls for Building B; and
e. Uniform Sign Program DRC2020-00178 will establish a Uniform Sign Program for the
development. The program contains the location and conceptual design of all signs for the project as well
as project monumentation.
a. In addition to the subject Uniform Sign Program, the project scope includes: Annexation
(DRC2020-00185) to annex APN: 0229-291-46 and a portion of APN: 0229-291-23 into the City of
Rancho Cucamonga; General Plan Amendment (DRC2020-00184) to assign a land use designation to
parcels, and portions thereof to be annexed, and to redesignate portions of the project area from Flood
PLANNING COMMISSION RESOLUTION NO. 21-78
USP DRC2020-00178 – HILLWOOD ENTERPRISES, L.P.
DECEMBER 8, 2021
Page 3
Control/Utility Corridor to Heavy Industrial, and remove a Floating Park designation for APN: 0229-291-
54; Pre-Zoning (DRC2020-00186) to assign a pre-zoning designation to those parcels and portions
thereof to be annexed; Tentative Parcel Map SUBTPM20251 to create two new parcels, and Design
Review (DRC2020-00177), Conditional Use Permit (DRC2021-00317) and Uniform Sign Program
(DRC2020-00178) to permit the use, construction and signage of the proposed project. The project
scope also includes the proposal by the applicant of a Development Agreement (DRC2021-00180; and
3. Based upon the substantial evidence presented to this Commission during the
above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2
above, this Commission hereby finds and concludes as follows:
a. The proposed uniform sign program is consistent with the development standards for
signs as provided in chapter 17.74 (Sign Regulations for Private Property). The proposed signage
complies with all related Development Code sign regulation; and
b. The design, location, and scale of proposed signs for the integrated development are in
keeping with the architectural character of the development. The signs are designed to complement the
proposed development including size and scale.
4. The Uniform Sign Program, in addition to the General Plan Amendment, Annexation, Pre-
Zoning, Tentative Parcel Map, Design Review, Conditional Use Permit and Development Agreement
(collectively, the “Project”) were environmentally reviewed pursuant to the California Environmental
Quality Act (CEQA) and the State CEQA Guidelines. Pursuant to CEQA Guidelines Section 15060(d),
the City determined that an EIR would clearly be required for the Project, and therefore prepared an
environmental impact report (EIR) that focused on the potentially significant effects of the Project Based
upon the facts and information contained in the EIR prepared for the Project and the entire record before
it, the Planning Commission recommends the City Council certify the final EIR, adopt findings of fact
pursuant to CEQA, and adopt the Mitigation Monitoring and Reporting Program (MMRP) for the project,
incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act (CEQA), an EIR was prepared for
the project. A Notice of Availability advertising the availability of the Draft EIR was circulated for a period
of 45-days beginning on June 29, 2021 and ending on August 13, 2021; and
b. The Planning Commission has reviewed the EIR and all comments received regarding
the EIR and, based on the whole record before it, finds: (i) that the EIR was prepared in compliance with
CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that
the project will have a significant effect on the environment. The Planning Commission further finds that
the EIR reflects the independent judgment and analysis of the Planning Commission. Based on these
findings, the Planning Commission, therefore, recommends the City Council adopt the EIR; and
c. The Planning Commission has also reviewed and considered the Mitigation Monitoring
and Reporting Program (MMRP) for the project that has been prepared pursuant to the requirements of
Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance
with the mitigation measures during project implementation. The Planning Commission, therefore,
recommends the City Council adopt the MMRP for the project; and
d. The custodian of records for the EIR, Mitigation Monitoring Program, and all other
materials which constitute the record of proceedings upon which the City Council’s decision is based is
the Planning Director of the City of Rancho Cucamonga. Those documents are available for public
PLANNING COMMISSION RESOLUTION NO. 21-78
USP DRC2020-00178 – HILLWOOD ENTERPRISES, L.P.
DECEMBER 8, 2021
Page 4
review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center
Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this
Commission hereby recommends that the City Council approve the application subject to each and every
condition set forth in the Standard Conditions, attached hereto and incorporated herein by this reference.
The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF DECEMBER 2021.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Francisco Oaxaca, Chairman
ATTEST:
Matt Burris, AICP, Secretary
I, Matt Burris, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby
certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the
Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning
Commission held on the 8th day of December 2021, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Conditions of Approval
Community Development Department
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
The project shall comply with all mitigation measures identified in the Environmental Impact Report SCH
No. (2020090076) and the corresponding Mitigation Monitoring and Reporting Program.
1.
The proposed public street shall be named Via Maris Place. This street name shall be submitted for
Planning Director review and approval in accordance with the adopted Street Naming Policy prior to
approval of the final map.
2.
Standard Conditions of Approval
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.
3.
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 appropriate discretionary body
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.
4.
This project is subject to public art requirement outlined in Chapter 17.124 of the Development Code, in
accordance with Development Agreement DRC2021-00175. The applicant shall be required to install
art onsite pursuant to Development Code Section 17.124 with a minimum value of $100,000, pursuant
to Development Agreement DRC2021-00175.
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.
5.
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.
6.
www.CityofRC.us
Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
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 at its own expense in the
defense of any such action but such participation shall not relieve applicant of his obligations under this
condition.
7.
Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of
Approval, and all environmental mitigations shall be included on the plans (full size). The sheet (s) are for
information only to all parties involved in the construction /grading activities and are not required to be
wet sealed/stamped by a licensed Engineer/Architect.
8.
The applicant shall be required to pay California Department of Fish and Wildlife Notice of
Determination & Environmental Impact Report fee. All checks are to be made payable to the Clerk of
the Board Supervisors and submitted to the Planning Department within 5 days of the approval of the
project by Planning Commission/City Council.
9.
Front yard and corner side yard landscaping and irrigation shall be required per the Development
Code. This requirement shall be in addition to the required street trees and slope planting. All
landscaping shall be installed to the satisfaction of the Planning Department prior to the issuance of final
occupancy.
10.
A detailed landscape and irrigation plan, including slope planting and model home landscaping in the
case of residential development, shall be prepared by a licensed landscape architect and submitted for
Planning Director review and approval prior to the issuance of Building Permits for the development or
prior final map approval in the case of a custom lot subdivision. For development occurring in the Very
High Fire Hazard Severity Zone, the landscape plans will also be reviewed by Fire Construction
Services.
11.
The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the
required landscape plans and shall be subject to Planning Director review and approval and
coordinated for consistency with any parkway landscaping plan which may be required by the
Engineering Services Department.
12.
Landscaping and irrigation systems required to be installed within the public right -of-way on the
perimeter of this project area shall be continuously maintained by the developer.
13.
The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any
signs proposed for this development shall comply with the Development Code and Uniform Sign
Program approved as part of this application. Sign plans shall be submitted for review and approval by
the Building and Planning Departments as necessary prior to the issuance of sign permits.
14.
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.
15.
www.CityofRC.us Page 2 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
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.
16.
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 office corner of the
building. 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)
screened behind a 4-foot high wall. For this project, these walls shall be constructed of poured in -place
concrete with design elements incorporated to match the building.
17.
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.
Decorative paving shall be provided at each vehicle entrance to the site, behind the public right -of-way.
These decoratively paved areas shall extend from the front property line to the building setback line and
have a width equal to that of the driveway.
18.
Prior to any use of the project site or business activity being commenced thereon, all Conditions of
Approval shall be completed to the satisfaction of the Planning Director.
19.
Occupancy of the facilities shall not commence until such time as all California Building Code and State
Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the
Rancho Cucamonga Fire Protection District and the Building and Safety Services Department to show
compliance. The buildings shall be inspected for compliance and final acceptance granted prior to
occupancy.
20.
All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for
consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building,
etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has
commenced, whichever comes first.
21.
Trash receptacle (s) are required and shall meet City standards. The final design, locations, and the
number of trash receptacles shall be subject to Planning Director review and approval prior to the
issuance of Building Permits.
22.
For commercial and industrial projects, paint roll -up doors and service doors to match main building
colors.
23.
This tentative tract map or tentative parcel map shall expire, unless extended by the Planning
Commission, unless a complete final map is filed with the Engineering Services Department within 3
years from the date of the approval.
24.
All building numbers and individual units shall be identified in a clear and concise manner, including
proper illumination and in conformance with Building and Safety Services Department standards, the
Municipal Code and the Rancho Cucamonga Fire Department (RCFD) Standards.
25.
www.CityofRC.us Page 3 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Engineering Services Department
Please be advised of the following Special Conditions
The existing driveways on Napa Street shall meet City Standard. If the driveways do not meet City
Standard the developer shall be responsible for the reconstruction of the driveways.
1.
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.
2.
Development impact fees are due prior to issuance of a building permit or certificate of occupancy per
the Engineering Fee schedule, Government Code Section 66000, et seq. and local ordinance. Pursuant
to Government Code Section 66020(d), the 90-day approval period in which the applicant may protest
these fees will begin at the date the fees are invoiced. Protests must be made in writing and be
delivered to the City Clerk prior to the close of business on the 90th day of the 90-day approval period
3.
RCMU Requirement: 1)Electric: The Rancho Cucamonga Municipal Utility (RCMU) shall be the
electrical service provider for all project related development. The Developer shall execute a Line
Extension Agreement for electric service and shall construct electrical distribution facilities in
accordance with such agreement and RCMU requirements and dedicate such facilities to the Rancho
Cucamonga Municipal Utility. RCMU’s existing underground electric system will be located off of
Etiwanda Ave.
4.
RCMU Requirement: 2)Fiber: The proposed development is slated to be included in the City ’s
Fiber Optic Master Plan that would provide a City owned Fiber-to-the-Premise (FTTP) infrastructure.
The City will require the developer to install a 1-4” UG Fiber Optic dark conduit on the north side of
Napa Street along the project boundary along with a 3’x4’x3’ pullbox on each end of the route and into
the project boundary. The size, placement and location of the conduit and vaults shall be shown on the
Street Improvement and/or Public Improvement Plans and subject to the Engineering Services
Department's review and approval prior to the issuance of building permits or final map approval,
whichever comes first.
On site, the City will require 1-2” UG HDPE or equal fiber optic conduit to be placed underground within
a duct and structure system to be installed joint trench by the Developer per Standard Drawing 135-137
and interconnected into the City's 4" fiber optic conduit. The size, placement and location of the conduit
and/or vaults shall run into the building's telecommunication room and be shown on the final dry utility
onsite substructure plans and subject to the Engineering Services Department's review and approval
prior to the issuance of building permits or final map approval, whichever comes first.
5.
RCMU Requirement: 3) Streetlights: The existing streetlights along the frontage of the project boundary
will need to be deeded to the City and retrofitted to the City ’s streetlight Standard Drawing 410. New
Streetlights shall be installed along the proposed Industrial Road along the west boundary. Developer
shall be responsible to coordinate and pay all costs of the street lights and to provide power to City
owned street lights.
6.
www.CityofRC.us Page 4 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
No grading, encroachment, or building permits will be issued until the northerly half portion of Napa St. is
annexed into the City.
7.
Relocation of Edison Facilities to the north side of Napa St. must be undergrounded per the City's
Undergrounding Policy. All electrical lines less than 66kv (telephone & cable) shall be undergrounded.
8.
Prior to approval of the parcel map the northerly half of Napa Street shall be annexed into the City.9.
www.CityofRC.us Page 5 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
Developer shall construct the following traffic improvements and dedicate the necessary right -of-way
consistent with the Project's TIA and determined necessary by the City Engineer
For Non-Sort Use
a) [DIF] For the intersection of Etiwanda Avenue and 6th Street - Install a traffic signal
b) [P] For the intersection of 4th Street at the I-15 SB Ramps and Ontario Mills Drive - Modify existing
traffic signal to implement a 130-second cycle length and overlap phasing for the westbound right turn
lane, restripe the southbound approach to provide one left turn lane, one through lane, and dual right turn
lanes. Modify the traffic signal to implement overlap phasing for northbound and southbound right turn
lanes.
For Sort Use
a) [P] For the intersection of Milliken Avenue and 4th Street - Modify the existing traffic signal to
implement overlap phasing on the westbound right turn lane and modify the traffic signal to implement
overlap phasing for the eastbound right turn lane.
b) [P] For the intersection of Etiwanda Avenue and Arrow Route - Install striping to implement a second
southbound left turn lane.
c) For the intersection of Etiwanda Avenue and Napa Street - Install striping to add a northbound right
turn lane and a second left turn lane. Modify the existing traffic signal to implement a northbound right
turn overlap and a westbound right turn overlap.
d) For the intersection of Haven Avenue and 4th Street - Modify the traffic signal to implement an
optimized cycle length.
e) For the intersection of Etiwanda Avenue and the I -10 eastbound ramps - Restripe the eastbound
shared left and right turn lane to a dedicated right turn lane
Reimbursement. An improvement identified as [P] in above is eligible for a 50% reimbursement of the
actual costs if first constructed by Developer and the same improvement is also required to be
constructed by the Bridge Point development. Developer may receive reimbursement of fifty percent
(50%) of the actual cost of these improvements if the improvements are first constructed by Developer
and the same improvements are also required to be constructed by the Bridge Point Rancho
Cucamonga project located at 12434 4th Street. Alternatively, if the improvement is first constructed by
the Bridge Point Rancho Cucamonga project, then Developer shall pay a reimbursement to the City,
which will be passed through to the Bridge Point Rancho Cucamonga project ’s developer, equal to fifty
percent (50%) of the actual cost of the improvements and is not required to construct the improvements .
Improvements identified as [DIF] are currently listed in the City ’s Transportation Development Impact
Fee Program and are eligible for credit and /or reimbursement up to the amounts identified in the
program as of the date of payment of the Transportation Development Impact Fees. If these
improvements are constructed by others prior to the development of this project, no credits or
10.
www.CityofRC.us Page 6 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
reimbursements shall be owed to Developer.
Fair Share Payment in lieu of Remaining Traffic Improvements. In lieu of constructing the opening year
and horizon year (2040) traffic improvements outlined in the TIA but not described above, Developer
shall have the right to pay a fair share fee into the City ’s Industrial Area Traffic Improvement Fund as
determined by the City Engineer (the “Fair Share Fee”). The Fair Share Fee shall be due prior to
issuance of the first certificate of occupancy for the Project.
New Public Street. Developer shall construct, consistent with the City ’s standards and to the satisfaction
of the City Engineer, a new public street on the west side of the Project site from Napa Street to the
Project’s northerly property line with APN 0229-291-55, to be classified as an Industrial Collector
(66-foot full-width right-of-way). Developer shall be responsible for all costs associated with the design
and construction of the new public street.
Standard Conditions of Approval
Dedication shall be made of the following rights -of-way on the perimeter streets (running from north to
south) along the west boundary:
66 total feet on "A" Street
The industrial road shall be located as shown on the conceptual plans along the westerly boundary and
extend from Napa Street northerly to the north property line.
11.
Rights-of-way and easements shall be dedicated to the City for all public streets, public landscape
areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as
shown on the plans and /or tentative map. Private easements for non -public facilities (cross-lot
drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map.
12.
A final drainage study shall be submitted to and approved by the City Engineer prior to the issuance of
Grading Permits. All drainage facilities shall be installed as required by the City Engineer.
13.
Adequate provisions shall be made for acceptance and disposal of surface drainage entering the
property from adjacent areas.
14.
A permit from the San Bernardino County Flood Control District is required if any grading work is
proposed within its right-of-way.
15.
Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from
the outer edge of a mature tree trunk.
16.
www.CityofRC.us Page 7 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
** 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.
17.
Prior to approval of the parcel map or lot merger, a deposit shall be posted with the City covering the
estimated cost of apportioning the assessments under Assessment Districts LMD 3B, SLD 1 & SLD 6
and CFD 85-1 among the newly created parcels.
18.
Permits or approvals shall be obtained from the following agencies for any work that may impact/ is
within their right of way:
a) Metropolitan Water District;
b) San Bernardino County Flood Control District.
c) Southern California Edison
19.
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 a lot merger .
Formation costs shall be borne by the developer. The developer is required to annex into LMD 3B, SLD
1 & SLD 6 and CFD 85-1.
20.
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.
21.
Construct the following perimeter street improvements including, but not limited to:
Street Name: "A" Street & Napa
Curb & Gutter
A.C. Pvmt
Side-walk
Drive Appr.
Street Lights
Street Trees
22.
www.CityofRC.us Page 8 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
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.
23.
Improvement Plans and Construction:
a. Street improvement plans, including street trees, street lights, and intersection safety lights on future
signal poles, and traffic signal 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.
d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project
along major or secondary streets and at intersections for future traffic signals and interconnect wiring .
Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other
locations approved by 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.
24.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
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 the Public Improvement Plan." Where public
landscape plans are required, tree installation in those areas shall be per the public landscape
improvement plans.
Street Name: Napa Street and Industrial Street
Botanical Name: Platanus Racemosa
Common Name: California Sycamore
Min. Grow Space: 40' o/c
Spacing: 50' o/c
Size: 15 gal. min.
Qty.: to be determined during design
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.
25.
Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted
policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including
driveways. Local residential street intersections and commercial or industrial driveways may have lines
of sight plotted as required.
26.
During construction of "A" Street access shall be maintained for property to the north of the project site.27.
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.
28.
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.
29.
The developer shall be responsible for the relocation of existing utilities as necessary. Prior to the
approval of the Parcel/Final Map, or issuance of a rough or precise grading plan (whichever comes
first), the developer shall provide a non -interference letter (or equivalent) from Southern California
Edison Company.
30.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric
power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements
shall be provided as required.
31.
Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga
Valley Water District (CVWD), other local water or sewer districts, Rancho Cucamonga Fire Protection
District, and the Environmental Health Department of the County of San Bernardino. A letter of
compliance from the CVWD is required prior to final map approval or issuance of permits, whichever
occurs first. Such letter must have been issued by the water district within 90 days prior to final map
approval in the case of subdivision or prior to the issuance of permits in the case of all other residential
projects.
32.
Fire Prevention / New Construction Unit
Standard Conditions of Approval
The parcel in Rancho Cucamonga and the parcel proposed to be annexed into the City are 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.
Locking and latching hardware for access doors is required to be operable from the exterior of the
building and is required to be single action latch/lock release on the interior of the building.
2.
Access doors are required to be identified in accordance with Fire District Standard 5-5. The Standard
has been uploaded to the Documents section.
3.
Access doors are required to be distributed along the exterior of the building such that the lineal
distance between adjacent access doors does not exceed 125 feet measured center to center.
4.
Required alarm systems and supervision systems are required to be in accordance with Fire District
Standard 9-3. The Standard has been uploaded to the Documents section.
5.
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.
6.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Fire Prevention / New Construction Unit
Standard Conditions of Approval
The location, size, construction materials, or other features of this building and the associated project
are such that adequate emergency responder radio coverage may not be achievable within the building
that is proposed. It is highly recommended that a radio signal strength assessment is completed by San
Bernardino County Information Services Department (ISD). Please contact Tim Trager with County ISD
at 909-388-5563 or ttrager@isd.sbcounty.gov
Upon substantial completion and final completion of construction, the fire code official will oversee a
radio signal strength test that is in accordance with the California Fire Code. If acceptable radio
coverage cannot be achieved after construction is completed, equipment necessary to increase the
radio signal strength or otherwise allow adequate emergency responder radio communication will be
required to be installed.
7.
Fire flow information for this project is obtained from the Fontana Water Compnay (FWC). FWC can be
reached at 909-822-2201 or CustomerService@fontanawater.com.
8.
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. 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.
9.
Fire sprinkler are required to be installed in accordance with Fire District Standard 9-5. The Standard
has been uploaded to the Documents section.
10.
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.
11.
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.
12.
A Knox or Fire District padlock is required to be incorporated into the security system for a manually
operated gate that are installed across or provides access to a fire access road (fire lane).
13.
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.
14.
Roof access is required to be in accordance with Fire District Standard 5-6. The Standard has been
uploaded to the Documents section.
15.
Designated and conforming aerial apparatus access is required in accordance with Fire District
Standard 5-1. Show aerial apparatus access on the fire access plan. The Standard has been uploaded
to the Documents section.
16.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Fire Prevention / New Construction Unit
Standard Conditions of Approval
Fire apparatus access (fire lane) design, construction, and identification are required to be in
accordance with Fire District Standard 5-1. The Standard has been uploaded to the Documents
section.
17.
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.
18.
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.
19.
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.
20.
Public and private fire service water mains, public and private hydrants, water control valves, fire
sprinkler risers, fire department connections (FDCs), and other fire protection water related devices and
equipment are required to be provided, designed, and installed in accordance with Fire District
Standard 5-10. The Standard has 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, energy calculations and soils report 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 which are effective at the time of Plan Check Submittal. The new structures are required to be
equipped with automatic fire sprinklers per the California Building Code and Current RCFPD
Ordinance. Disabled access for the site and buildings must be in accordance to the State of California
and ADA regulations. If it is anticipated that there will be a need for temporary fire protection water
supply and/or temporary fire access, submit a separate plan for review and approval that complies with
RCFD Standard 33-3.
Where no public sewer is available an onsite wastewater system for each building shall be designed
and installed per the Local Agency Management Program Ordinance No. 936. A separate submittal
and permit is required for this submittal.
The Metropolitan Water District (MWD) Feeder Line shall be protected from building surcharge and
vehicular loading as noted in the MWD letter dated June 2, 2020. A letter of review and approval from
MWD of the grading plan, drainage plan, septic plan, and building plans is required prior to issuance of
a building permit.
1.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Prior to issuance of a grading permit for non -residential projects the applicant shall show on the
electrical plans and the permitted grading plan set the location for a future installation of an Electric
Vehicle (EV) charging station/parking area per the current adopted California Green Building
Standards Code, section 5.106.5.3.
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 Engineering Services Department prior to the issuance of
building permits.
4.
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”.
5.
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.
6.
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.
7.
If a Rough Grading and Drainage Plan /Permit are submitted to the Engineering Services Department
for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading
and Drainage Plan/Permit.
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.
www.CityofRC.us Page 14 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking
stall gradient at 7 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 City Engineer, or his designee.
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.
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.
All roof drainage flowing to the public right of way (Napa Street) must drain under the sidewalk through a
parkway culvert approved by the Engineering Department. This shall be shown on both the grading and
drainage plan and Engineering Services Department required plans.
17.
Prior to issuance of a grading permit the applicant shall show on the site plan and the permitted grading
plan set for non-residential projects the designated parking for clean air vehicles per the current
adopted California Green Building Standards Code, section 5.106.5.2.
18.
Prior to approval of the project -specific storm water quality management plan, the applicant shall submit
to the City Engineer, 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.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
A drainage study showing a 100-year, AMC 3 design storm event for on -site drainage shall be
prepared and submitted to the Engineering Services Department 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.
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.
21.
San Bernardino County Flood Control District (SBCFCD) shall approve all plans that impact their right
of way, including utilities, storm drain, slopes, and street trees and landscaping prior to issuance of a
grading permit. A note shall be included on all pertinent plans requiring SBCFCD to be notified two
working days prior to starting any work in the vicinity of their easement.
22.
Prior to issuance of a grading permit the applicant shall obtain written comments from San Bernardino
County Flood Control District regarding site design restrictions within their easement and provide a
copy of said comments to the Engineering Services Department for review.
23.
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).
24.
Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of
the project Conditions of Approval.
25.
Metropolitan Water District (MWD) shall approve all plans that impact their easement, including utilities,
storm drain, slopes, and street trees and landscaping prior to issuance of a grading permit. A note shall
be included on all pertinent plans requiring Metropolitan Water District Operations Maintenance Branch
to be notified two working days prior to starting any work in the vicinity of their easement.
26.
Prior to issuance of a grading permit the applicant shall obtain written comments from MWD regarding
site design restrictions within their easement and provide a copy of said comments to the City Engineer
for review.
27.
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
Engineering Services Department and then recorded with the County Recorder’s Office.
28.
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.
29.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for
each underground infiltration device, with the Facility ID Number assigned, to the Engineering Services
Department Official prior to issuance of the Grading Permit and /or approval of the project-specific
Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the
permitted grading plan set, and a copy of said form shall be included in the project -specific Water
Quality Management Plan.
30.
The land owner shall provide an inspection report by a qualified person /company on a biennial basis for
the Class V Injection Wells /underground infiltration chambers to the City of Rancho Cucamonga
Environmental Program Manager. The land owner shall maintain on a regular basis all best
management practices (BMP”s) as described in the Storm Water Quality Management Plan (WQMP)
prepared for the subject project. All costs associated with the underground infiltration chamber are the
responsibility of the land owner.
31.
The land owner shall provide an inspection report on a biennial basis for the structural storm water
treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental
Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water
Quality Management Plan prepared for the subject project. All costs associated with the underground
infiltration chamber are the responsibility of the land owner.
32.
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.
33.
A final project-specific Storm Water Quality Management Plan (WQMP) shall be approved by the City
Engineer, 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.
34.
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.
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.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
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.
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.
40.
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.
41.
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.
42.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
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.
43.
Prior to the issuance of a grading permit by the City of Rancho Cucamonga, the applicant shall obtain
grading permits from the two adjacent parcels that front along Napa Street, from the Authority Having
Jurisdiction (AHJ) over those parcels.
44.
www.CityofRC.us Page 19 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Written permission shall be obtained from Metropolitan Water District (MWD) for any work within their
right-of-way, including grading prior to issuance of a grading permit.
45.
A permit shall be obtained from San Bernardino County Flood Control District if any work is proposed
within their right-of-way, including grading prior to issuance of a grading permit.
46.
www.CityofRC.us Page 20 of 20Printed: 12/2/2021
H748-028 -- 4210543.1
RESOLUTION NO. 21-79
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE APPROVING DEVELOPMENT AGREEMENT
DRC2021-00175 BETWEEN THE CITY OF RANCHO CUCAMONGA AND
HILLWOOD ENTERPRISES, L.P., TO FACILITATE THE DEVELOPMENT OF
TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878
SQUARE FEET ON AN APPROXIMATE 35-ACRE PROJECT SITE LOCATED
APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF
NAPA STREET; AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 0229-
291-46 AND 54.
A.Recitals.
1.Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P., filed an application for
and negotiated the terms of, Development Agreement DRC2021-00175, as described in the title of this
Resolution and attached hereto as Attachment 1. Hereinafter in this Resolution, the subject development
agreement is referred to as "the application" or the “development agreement.”
655,878
2.On the 8th day of December, 2021, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said
hearing on that date.
3.All legal prerequisites prior to the adoption of this Resolution have occurred.
B.Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of
the City of Rancho Cucamonga as follows:
1.This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A,
of this Resolution are true and correct.
2.Based upon the substantial evidence presented to this Commission during the
above-referenced public hearings of December 8, 2021, including written and oral staff reports, together
with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to the approximately 35--acre project site which comprises two
parcels, APN: 0229-291-46 and 0229-291-54. The project site is located approximately 650 feet east of
Etiwanda Avenue, north of Napa Street. The project site is largely vacant, with an existing rail spur
running in a north-south orientation roughly bisecting the site which serves properties to the south and
existing Southern California Edison (SCE) overhead powerlines traversing the site in an east-west
orientation. The existing rail spur is proposed to remain, however the existing overhead SCE powerlines
are proposed to be relocated, running east-west at the northern property line within the western portion
of the project site, at which point the lines would turn south, and near the frontage of the property be
made to run roughly parallel to Napa Street within the eastern portion of the project site. The proposed
project includes the construction of one new north-south street which will be located along the westerly
property line of the project area and will be designed to eventually connect to a future east-west street
located immediately south of the Metrolink railway and parallel to Napa Street; and
Exhibit J
PLANNING COMMISSION RESOLUTION NO. 21-79
DEVELOPMENT AGREEMENT DRC2021-00175 – HILLWOOD ENTERPRISES, L.P.
DECEMBER 8, 2021
Page 2
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H748-028 -- 4210543.1
b. Concurrent with this application, the Applicant has also applied for Annexation
(DRC2020-00185) to annex APN: 0229-291-46 and a portion of APN: 0229-291-23 into the City of
Rancho Cucamonga; General Plan Amendment (DRC2020-00184) to assign a land use designation to
parcels, and portions thereof, to be annexed, and to redesignate portions of the project area from Flood
Control/Utility Corridor to Heavy Industrial, and remove a Floating Park designation for APN: 0229-291-
54; Pre-Zoning (DRC2020-00186) to assign a pre-zoning designation to those parcels or portions thereof
to be annexed; Tentative Parcel Map (SUBTPM20251) to create two new parcels; and Design Review
(DRC2020-00177), Conditional Use Permit (DRC2021-00317) and Uniform Sign Program (DRC2020-
00178) to permit the use, construction and signage of the proposed project.
c. Development of the project is governed by the City’s General Plan, Development Code,
all entitlements associated with the project, and the subject Development Agreement between the City
and Owner’s predecessor in interest.
d. The existing Land Use, General Plan and Zoning Designations for the project site and
adjacent properties are as follows:
Land Use General Plan Zoning**
Site* Vacant
Heavy Industrial (HI) and Flood
Control Utility Corridor (FC/UC) (for
portion within City); General
Industrial (GI)/ General Industrial (I-
G) (for portion within
County/Fontana SOI)
Industrial Employment
(IE) District (for portion
within City); Regional
Industrial (IR) (within
County) and General
Industrial (M-2) (for
portion within
County/Fontana SOI)
North Industrial Heavy Industrial (HI) and Flood
Control/Utility Corridor (FC/UC)
Neo-Industrial (NI)
District
South
Industrial
(County/Fontana
SOI)
General Industrial (GI), Special
Development (SD)/General
Industrial (I-G) (within
County/Fontana SOI)
Regional Industrial (IR);
Kaiser Commerce
Center Specific Plan
(KC/SP)/General
Industrial (M-2) (within
County/Fontana SOI)
West
Industrial and
East Etiwanda
Creek
Heavy Industrial (HI) and Flood
Control/Utility Corridor (FC/UC)
Industrial Employment
(IE) District
East San Sevaine
Channel
Open Space (OS) and General
Industrial (GI) (within
County/Fontana SOI)
Regional Industrial
(IR)/Open Space-Natural
(OS-N) (within
County/Fontana SOI)
*In the 2010 General Plan, APN: 0229-291-54 also includes a “floating” designation as a location for a potential public park”
PLANNING COMMISSION RESOLUTION NO. 21-79
DEVELOPMENT AGREEMENT DRC2021-00175 – HILLWOOD ENTERPRISES, L.P.
DECEMBER 8, 2021
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H748-028 -- 4210543.1
**Prior to the adoption of Ordinance 982, the Industrial Employment (IE) zoning district was referred to as the Heavy Industrial (HI) district
and the Neo-Industrial (NI) district was referred to as the General Industrial (GI) district.
e. The project is for the development of two new industrial warehouse buildings on two
new parcels of land: Building A will total approximately 500,648 square feet including approximately
10,000 square feet of office space, and Building B will total approximately 155,230 square feet and
include an office area of approximately 10,000 square feet square feet. The project requires 183 parking
stalls and 79 trailer loading stalls for Building A and 97 parking stalls and 20 trailer loading stalls for
Building B. Accordingly, the project provides 275 parking stalls and 87 trailer loading stalls for Building A,
and 108 parking stalls and 20 trailer loading stalls for Building B; and
f. As part of the Project, and in accordance with the California Environmental Quality Act
(“CEQA”), the City has prepared Environmental Impact Report SCH No. 2020090076 (EIR), which
analyzed the potential environmental impacts of the project and related approvals.
g. Pursuant to Section 17.22.060 of the Development Code, Development Agreements
have been determined to be beneficial to the public in that:
Development Agreements increase the certainty in the approval of
development projects, thereby preventing the waste of resources, reducing the
cost of development to the consumer, and encouraging investment in and
commitment to comprehensive planning, all leading to the maximum efficient
utilization of resources at the least economic cost to the public.
Development Agreements provide assurance to the applicant for a
development project that upon approval of the project, the applicant may proceed
with the project in accordance with existing policies, rules and regulations, and
subject to conditions of approval, thereby strengthening the public planning
process, encouraging private participation in comprehensive planning, and
reducing the economic costs of development.
Development Agreements enable the City to plan for and finance public
facilities, including, but not limited to, streets, sewerage, transportation, drinking
water, school, and utility facilities, thereby removing a serious impediment to the
development of new housing.”
h. The proposed Development Agreement Amendment is being made and entered into for
the Project to ensure that the above three goals are fulfilled.
i. The project complies with all requirements of the Development Code including setbacks,
parking, design, and landscape coverage; and
3. Based upon the substantial evidence presented to this Commission during the
above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2
above, this Commission hereby finds and concludes as follows:
a. The proposed project is consistent with the General Plan. The proposed industrial
warehouse project will be consistent with the General Plan with the approval of General Plan
Amendment DRC2020-00184. The project site comprises two parcels: APN: 0229-291-54 and 0229-291-
PLANNING COMMISSION RESOLUTION NO. 21-79
DEVELOPMENT AGREEMENT DRC2021-00175 – HILLWOOD ENTERPRISES, L.P.
DECEMBER 8, 2021
Page 4
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H748-028 -- 4210543.1
46. APN: 0229-291-54 which is located within the City of Rancho Cucamonga, has a split general plan
land use designation of Heavy Industrial and Flood Control/Utility Corridor. APN: 0229-291-46 which is
currently located within unincorporated San Bernardino County and within the City of Fontana’s Sphere
of Influence and which is proposed to be annexed into the City of Rancho Cucamonga as part of this
project, has a general plan land use designation by San Bernardino County of General Industrial (GI)
and a land use designation by the City of Fontana as General Industrial (I-G). Further, the applicant also
proposes to annex an additional parcel which is not proposed to be developed as part of this
development application identified as APN: 0229-291-23 and which currently has a land use designation
by San Bernardino County of General Industrial (GI) and a land use designation by the City of Fontana of
Public Utility (P-UC). Concurrent with the proposed annexation, the proposed General Plan Amendment
will amend the land use designation of the project site to Heavy Industrial, a land use designation which
permits the proposed industrial use. The General Plan Amendment will also amend APN: 0229-291-23 to
Heavy Industrial, consistent with similarly situated parcels located within the vicinity of the project; and b. The proposed use is in accord with the objective of the Development Code and the
purposes of the district in which the site is located. Storage Warehouses are permitted within the
Industrial Employment (IE) District subject to the approval of a Conditional Use Permit. Conditional Use
Permit DRC2021-00317 was submitted for the operation of a Storage Warehouse. The project will be in
compliance with the Zoning Map with approval of the related Pre-Zoning DRC2020-00186, which will
amend the zoning designation of the parcels to be annexed to a pre-zoning designation of Industrial
Employment (IE) District; and c. The proposed use is in compliance with each of the applicable provisions of the
Development Code. The project will be in compliance with the Development Code with approval of the
related General Plan Amendment DRC2020-00184 and Pre-Zoning DRC2020-00186. Storage
Warehouses are permitted within the Industrial Employment (IE) District upon the approval of a
Conditional Use Permit. The project complies with all other development criteria outlined in the
Development Code including setbacks, parking and design; and
d. The proposed use, together with the conditions applicable thereto, will not be
detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in
the vicinity. The related environmental review outlines potential environmental impacts related to the
project and identifies project-specific mitigation measures that reduce these impacts to less-than-
significant. The proposed use will not be detrimental to the public health, safety, or welfare, or be
materially injurious to properties or improvements in the vicinity.
4. Based upon the facts and information contained in the environmental assessment prepared
for the project, the Planning Commission finds that there is no substantial evidence that the project will
have a significant effect upon the environment and recommends the City Council adopt an
Environmental Impact Report (EIR) and mitigation Monitoring and Reporting Program (MMRP),
incorporated herein by this reference, based upon the findings as follows:
a. Pursuant to the California Environmental Quality Act (CEQA), an EIR was prepared for
the project. A Notice of Availability advertising the availability of the Draft EIR was circulated for a period
of 45-days beginning on June 29, 2021 and ending on August 13, 2021; and
b. The Planning Commission has reviewed the EIR and all comments received regarding
the EIR and, based on the whole record before it, finds: (i) that the EIR was prepared in compliance with
PLANNING COMMISSION RESOLUTION NO. 21-79
DEVELOPMENT AGREEMENT DRC2021-00175 – HILLWOOD ENTERPRISES, L.P.
DECEMBER 8, 2021
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H748-028 -- 4210543.1
CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that
the project will have a significant effect on the environment. The Planning Commission further finds that
the EIR reflects the independent judgment and analysis of the Planning Commission. Based on these
findings, the Planning Commission, therefore, recommends the City Council adopt the EIR; and
c. The Planning Commission has also reviewed and considered the Mitigation Monitoring
and Reporting Program (MMRP) for the project that has been prepared pursuant to the requirements of
Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance
with the mitigation measures during project implementation. The Planning Commission, therefore,
recommends the City Council adopt the MMRP for the project; and
d. The custodian of records for the EIR, Mitigation Monitoring Program, and all other
materials which constitute the record of proceedings upon which the City Council’s decision is based is
the Planning Director of the City of Rancho Cucamonga. Those documents are available for public
review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center
Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this
Commission hereby recommends that the City Council adopt a resolution to approve the proposed
Development Agreement, attached hereto as Attachment 1.
6. The Secretary to this Commission shall certify to the adoption of. this Resolution.
APPROVED AND ADOPTED THIS 8th DAY OF DECEMBER, 2021.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Francisco Oaxaca, Chairman
ATTEST:
Matt Burris, AICP, Secretary
I, Matt Burris, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby
certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the
Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning
Commission held on the 8th day of December, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
PLANNING COMMISSION RESOLUTION NO. 21-79
DEVELOPMENT AGREEMENT DRC2021-00175 – HILLWOOD ENTERPRISES, L.P.
DECEMBER 8, 2021
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ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
PLANNING COMMISSION RESOLUTION NO. 21-79
DEVELOPMENT AGREEMENT DRC2021-00175 – HILLWOOD ENTERPRISES, L.P.
DECEMBER 8, 2021
Page 7
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Attachment 1
Development Agreement
PLANNING COMMISSION RESOLUTION NO. 21-79
DEVELOPMENT AGREEMENT DRC2021-00175 – HILLWOOD ENTERPRISES, L.P.
DECEMBER 8, 2021
Page 8
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Janice C. Reynolds
City Clerk
10500 Civic Center Drive
Rancho Cucamonga, California 91730
SPACE ABOVE THIS LINE FOR RECORDER’S USE
DEVELOPMENT AGREEMENT NO. _______
REGARDING THE SPEEDWAY COMMERCE PROJECT, RANCHO CUCAMONGA,
CALIFORNIA
THIS DEVELOPMENT AGREEMENT (this “Agreement” or this “Development Agreement”) is made
and entered into as of the “Effective Date” set forth herein, by and between SPEEDWAY COMMERCE
CENTER DEVELOPMENT, LLC, a Delaware limited liability company (“Developer”), and the CITY
OF RANCHO CUCAMONGA, a California municipal corporation (“City”).
RECITALS
Section 1. Developer is owner of the “Site” as set forth herein and generally described as a
35.73-acre site comprising Assessor Parcel Numbers (APNs) 0229-291-54 and 0229-291-46, and
has a legal interest in the real property subject to this Agreement. The latter parcel is located in
unincorporated San Bernardino County, which Developer seeks to annex into the City of Rancho
Cucamonga.
Section 2. On ____________, the City Council of the City of Rancho Cucamonga (“Council”)
adopted the following resolutions:
A. Resolution No. _______________, approving General Plan Amendment DRC2020-00184;
B. Resolution No. _______________, approving Design Review DRC2020-00177;
C. Resolution No. _______________, approving Tentative Parcel Map SUBTPM20251;
D. Resolution No. _______________, approving Conditional Use Permit DRC2021-00317;
E. Resolution No. ________________, approving Uniform Sign Program DRC2020-00178;
F. Resolution No. _______________, certifying, after making appropriate findings, an
Environmental Impact Report (“EIR ”) identified as SCH No. 2020090076.
Section 3. On ___________, the Council introduced Ordinance No. _________, and following
second reading adopted Ordinance No. ____, approving Pre-Zoning Amendment DRC2020-
00186.
PLANNING COMMISSION RESOLUTION NO. 21-79
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Section 4. The annexation of the Site includes a jurisdiction boundary change and sphere of
influence amendments for two parcels, including APN 0229-291-46 that constitutes part of the
Site, located within the County of San Bernardino and within the City of Fontana sphere of
influence. In addition, the annexation application is expected to include APN 0229-291-23, a
parcel of approximately 0.69-acres, which is not a part of the Site. Developer will be the applicant
to LAFCO for the foregoing annexation. The City agrees to take any necessary actions required
by State law or LAFCO rules and regulations for submittal of the annexation by Developer to
LAFCO.
Section 5. Collectively, the resolutions identified in section 2 of the recitals and ordinance
identified in section 3 of the recitals (collectively, “Project Entitlements”) amended the City’s land
use regulations to permit the development and operation of the Site with two high-cube warehouse
buildings for a distribution/fulfillment center with ancillary office space, including the 500,648
square foot (“sf”) Building A and 155,230 sf Building B, along with the construction of a new public
roadway, internal drive aisles, parking, on-site landscaping, lighting, utility connections, and
related infrastructure and improvements.
Section 6. California Government Code Section 65864, et seq. authorizes cities to enter into
binding development agreements with persons having legal or equitable interests in real property
for the development of such property.
Section 7. City and Developer mutually desire to enter into this Development Agreement to
develop the Project in accordance with the terms set forth herein.
Section 8. On _____________, the City Council introduced Ordinance No. _____ (the
“Approving Ordinance”), and following second reading adopted Ordinance No. ______, thereby
approving this Development Agreement between the City and Developer. The Approving
Ordinance is effective as of ________________. All requirements of the California Environment
Quality Act have been met with respect to the Project, Project Entitlements, and this Agreement,
and this Agreement is consistent with the City’s General Plan.
AGREEMENT
NOW, THEREFORE, the parties hereto agree as follows:
Section 1. Definitions. In this Agreement, unless the context otherwise requires, the following
terms shall have the following meaning:
“Approving Ordinance” means Ordinance No. _______, which approved this Agreement.
“Building A” means the 500,648 sf building identified as “Building A” in the Development Plan.
“Building B” means the 155,230 sf building identified as “Building B” in the Development Plan.
“City” means the City of Rancho Cucamonga.
“Community Benefit Fee” means any fee required under section 11(B) of this Agreement.
PLANNING COMMISSION RESOLUTION NO. 21-79
DEVELOPMENT AGREEMENT DRC2021-00175 – HILLWOOD ENTERPRISES, L.P.
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“Developer” means Speedway Commerce Center Development, LLC, a Delaware limited liability
company
“Development Plan” means those plans, specifications, and images attached hereto, collectively marked
as Exhibit “C” and incorporated herein by this reference.
“Effective Date” shall mean the date that the Approving Ordinance becomes effective.
“ITE Manual” means the Institute of Traffic Engineers’ Trip Generation Manual, 10th Edition.
“LAFCO” means the San Bernardino County Local Area Formation Commission.
“Material Handling Equipment” shall mean all equipment intended for use in connection with the
Project’s operation for the purpose of loading or unloading goods and materials, including all forklifts.
“MMRP” shall refer to the Mitigation Monitoring and Reporting Program included in the Project’s Final
EIR and on file in City’s Planning Department.
“Non-Sort Use” means a fulfillment center that ships large box items that are processed primarily with
automation rather than through manual means, as defined in the ITE Manual. The authority to determine
in a particular case whether a use is a “Sort Use” or a “Non-Sort Use” shall be vested in the Planning
Director and City Engineer of the City and shall be exercised reasonably using the ITE Manual and based
on the applicable facts and circumstances.
“Project” means the proposed development of the Site, consistent with the terms and conditions of the
Project Entitlements.
“Project Entitlements” mean the Resolutions and Ordinance described in recitals sections 2 through 3.
“Site” means the real property that is the subject of the Project Entitlements and as legally described,
depicted and identified in Exhibit “A-1” and Exhibit “A-2”.
“Sort Use” means a fulfillment center that ships out smaller items, requiring extensive sorting, typically
by manual means, as defined in the ITE Manual. The authority to determine in a particular case whether a
use is a “Sort Use” or a “Non-Sort Use” shall be vested in the Planning Director and City Engineer of the
City and shall be exercised reasonably using the ITE Manual and based on the applicable facts and
circumstances.
“Term” means the initial six (6) year term of this Agreement, beginning from the Effective Date, and any
extension pursuant to section 6.
“TIA” means the Project’s Traffic Impact Analysis and CEQA Transportation Impact Analysis
Warehouse Scenario, E-Commerce Scenario and 100% E-Commerce Scenario TIA and VMT, dated
February 18, 2021, prepared by Translutions, Inc., included as an appendix to the Environmental Impact
PLANNING COMMISSION RESOLUTION NO. 21-79
DEVELOPMENT AGREEMENT DRC2021-00175 – HILLWOOD ENTERPRISES, L.P.
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Report prepared for the Project and on file in the City’s Engineering Services Department, which is
incorporated herein by this reference.
Section 2. Recitals. The recitals are part of this Agreement and shall be enforceable as any
other provision of this Agreement.
Section 3. Interest of Developer. Developer warrants and represents that, as of the
Effective Date, it will have legal title to or an equitable interest in the Site; that it has full legal right
to enter into this Agreement; and that the persons executing this Agreement on behalf of
Developer have been duly authorized to do so.
Section 4. Binding Effect of Agreement. Developer hereby subjects the Project and the
Site to the covenants, reservations, and restrictions as set forth in this Agreement. The City and
the Developer hereby declare their specific intent that the covenants, reservations and restrictions
as set forth herein shall be deemed covenants running with the land and shall pass to and be
binding upon Developer’s successors and assigns in title or interest to the Project and/or Site.
Each and every contract, deed or other instrument hereinafter executed, covering or conveying the
Project and/or Site or any portion thereof shall conclusively be held to have been executed,
delivered, and accepted subject to the covenants, reservations and restrictions expressed in this
Agreement, regardless of whether such covenants, reservations and restrictions are set forth in
such contract, deed or other instrument.
The City and Developer hereby further declare their understanding and intent that the benefit of such
covenants, reservations, and restrictions touch and concern the land by enhancing and increasing the
enjoyment and use of the Site by Developer and the future occupants of the Project, the intended
beneficiaries of such covenants, reservations and restrictions, and by furthering the public purposes for
which this Agreement is adopted.
Section 5. Relationship of Parties. It is understood that the contractual relationship
between City and Developer is such that City and Developer are each an independent party and
neither is the agent or partner of the other for any purpose whatsoever and neither shall be
considered to be the agent or partner of the other for any purpose whatsoever.
Section 6. Term of Agreement. The Term of this Agreement shall commence on the
Effective Date and shall continue for six (6) consecutive calendar years thereafter, unless the
Term is otherwise terminated, modified, or extended in accordance with the provisions of this
Agreement. So long as there are no material changes to the Project, the Developer is not then in
breach beyond the notice and cure periods set forth in this Agreement, and the Developer has
made all payments to the City as required pursuant to this Agreement, Developer has an option to
extend the Term one time for an additional nine (9) years for a total Term of fifteen (15) years. To
exercise this option, Developer must, no less than ninety (90) days’ prior to the expiration of the
Term, both: (i) provide City with written notice of the intent to exercise the option and (ii) pay to
City two million dollars ($2,000,000.00). Upon receipt of such notice and payment, City shall
provide written confirmation that the Developer’s option to extend the Term has been exercised
and accepted. The Term shall not be extended until City provides written notice of confirmation to
Developer, which notice shall not be unreasonably withheld and shall be provided prior to the
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expiration of the Agreement provided that Developer has provided required notice and full
payment.
Section 7. Timing of Development. Because the California Supreme Court held in Pardee
Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties to provide for
the timing of development resulting in a later adopted initiative restricting the timing of
development to prevail over such parties’ agreement, it is the parties’ intent to cure that deficiency
by acknowledging and providing that Developer shall have the right (without obligation), subject to
the provisions of this Development Agreement, to complete the Project in such order and at such
rate and at such times as Developer deems appropriate within the exercise of its subjective
business judgment.
Section 8. Assignment. In the event of a proposed transfer of interest in the Site or any
portion thereof or in this Agreement by Developer to a transferee, Developer agrees to comply
with the following conditions:
(i) At least thirty (30) days prior to any such assignment, Developer shall provide the
City with written notice thereof along with written evidence and documentation, of
a form and substance reasonably satisfactory to the City, demonstrating the
experience, capability, competence, and financial ability of the proposed assignee
to carry out and complete the Development Plan and comply with the terms of this
Agreement.
(ii) At least thirty (30) days prior to any such assignment, Developer shall also provide
evidence that the transferee will assume in writing through an assignment and
assumption agreement all remaining obligations of Developer under this
Agreement. The assignment and assumption agreement shall be in a form
reasonably satisfactory to the City Attorney.
(iii) The City Manager shall have consented to the assignment of this Agreement, which
consent will not be unreasonably withheld, provided that the City Manager shall
consent to any assignment of this Agreement to a transferee if Developer provides
satisfactory evidence pursuant to paragraph (i) that the proposed transferee owns
property and assets valued at forty million dollars ($40,000,000) or more at that
time of the proposed transfer.
Any assignment of this Agreement not made in strict compliance with the foregoing
conditions shall constitute an event of default by the Developer pursuant to section 18.
Notwithstanding the foregoing, the terms, covenants and conditions of this Agreement
shall be binding upon any transferee whether or not such an assignment and
assumption agreement is signed by the assignee upon acquiring the Property.
Section 9. General Standards and Restrictions Pertaining to Development of the Site.
The following specific restrictions shall apply to the use of the Site pursuant to this Development
Agreement:
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A. Developer shall have the right to develop and operate the Project on the Site in accordance
with the terms and conditions of this Agreement and the Project Entitlements and City shall have the right
to control development of the Site in accordance with the provisions of this Agreement and the Project
Entitlements.
B. The type, density, intensity, configuration of uses, size, and location of buildings and other
improvements and provisions for the reservation or dedication of land for public purposes, location of
public improvements, together with other terms and conditions of development applicable to the Site,
shall be as set forth in this Development Agreement, including the Development Plan, and the Project
Entitlements, except as modifications may be made pursuant to section 16.
C. All public improvements, including landscaping, irrigation, sidewalk, traffic improvements
and public streets, as set forth in the Development Plan, Project Entitlements, and this Development
Agreement, shall be installed by the Developer in the time and manner described in the Development
Plan, Project Entitlements, and this Development Agreement.
D. Developer and the City acknowledge that a portion of the Site is not currently located
within City’s municipal’s limits (“Unincorporated Land”) and that, as to the Unincorporated Land, the
Project Entitlements are contingent upon approval of the annexation by LAFCO and completion of
annexation of the Unincorporated Land to the City. In the event Developer seeks to record Parcel Map
20251 prior to completion of the annexation, Developer shall produce evidence reasonably satisfactory to
the City that the County of San Bernardino (“County”) has approved Tentative Parcel Map 20251 in
compliance with all applicable State and County laws and regulations, in addition to applicable City laws
and regulations, prior to the City signing the final parcel map and allowing it to be recorded in the Official
Records of County. In addition, provided that the Developer produces reasonable evidence that County
has approved the precise grading plan or plans for one or both of the buildings on the Site and that
Developer has otherwise satisfied technical grading plan check requirements, City shall issue grading
permits for one or both of the buildings (including areas within the Unincorporated Land) before
completion of annexation. In addition, City is informed that no vertical structures are located within the
Unincorporated Land and based on that information agrees to issue building permits for one or both of the
buildings before completion of annexation, subject only to Developer complying with City’s standards for
issuance of such building permits and any applicable County laws and regulations to City’s reasonable
satisfaction.
Section 10. Effect of City Regulations on Development of Project. Developer is entitled to
protections afforded by the development agreement statute, Government Code Section 65864 et
seq., including a vested right to develop the Project site in accordance with the rules, regulations
and official policies in effect as of the Effective Date. No future modification of City’s code or
ordinances, or adoption of any code, ordinance, regulation, whether adopted by the City Council or
through the initiative or referendum process, which conflicts with this Agreement shall apply to the
Property or modify this Agreement without amendment hereto to so provide by the parties.
A. However, notwithstanding the foregoing, the City acknowledges that, pursuant to Rancho
Cucamonga Municipal Code Section 17.02.020, Ordinance No. 982 does not apply to the Project’s
Entitlements, which are governed by the regulations in effect when the applications were deemed
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complete (January 7, 2021), except as expressly addressed herein. This provision does not apply to
Conditional Use Permit DRC2021-00317, which covers the uses contemplated by this Agreement, but
which was not deemed complete prior to the effective date of Ordinance No. 982. This paragraph 10.A is
intended to confirm the application of Rancho Cucamonga Municipal Code Section 17.02.020 to the
Project, which shall continue to apply upon the termination or expiration of this Agreement.
B. Except as otherwise provided in Section 11.B.vi, the provisions of this section 10 shall not
preclude the application to the development of the Site those changes in City ordinances, regulations,
plans, or specifications which are specifically mandated and required by changes in state or federal laws
or regulations as provided in California Government Code Section 65869.5 or any successor provision or
provisions. In the event such changes in the law prevent or preclude compliance with one or more of the
provisions of this Agreement, such provisions of this Agreement shall be modified or suspended or
performance thereof delayed, as may be necessary to comply with such changes in the law.
C. The category of Development Impact Fees (“DIF”) applicable to the Project shall be those
in effect as of the Agreement’s Effective Date (i.e. new DIF categories which may be adopted by the City
after the Agreement’s Effective Date shall not apply to the Project), however the existing DIF and other
development fees associated with the construction and development of the Project, including but not
limited to land use approvals, development fees, building permits, etc., shall be pursuant to the rates as
annually adjusted and in effect at the time application is made for such approvals or permits.
D. Nothing herein shall prevent the application of health, safety, and accessibility regulations
(e.g., fire, building, seismic, plumbing, and electric codes and requirements under the Americans with
Disabilities Act or similar accessibility statute) that become applicable to the City as a whole.
E. The parties acknowledge and agree that the City is restricted in its authority to limit its
police power by contract and that the limitations, reservations and exceptions set forth in this section 10
are intended to reserve to the City all of its police power which cannot be so limited.
Section 11. Developer’s Obligations. In consideration of the rights and benefits Developer is
guaranteed under this Agreement, Developer agrees to provide each and every one of the
community benefits and other measures set forth in this section 11.
A. Material Handling Equipment. Developer shall cause the City of Rancho Cucamonga to
be designated as the point of sale for the Material Handling Equipment used in the Project’s operations.
In addition, Developer shall include a requirement in all tenant leases that tenants shall cause the City of
Rancho Cucamonga to be designated as the point of sale for the Material Handling Equipment used in the
Project’s operations. City shall be a third party beneficiary to all such terms included in tenant leases.
Provided that Developer complies with the requirements herein, Developer shall not be in default of this
Agreement if a tenant fails to cause the City of Rancho Cucamonga to be designated as a point of sale for
the Material Handling Equipment used in that tenant’s operations.
B. Community Benefit Fee. Developer shall pay to City the Community Benefit Fees in the
amount and schedule as set forth below. The Community Benefit Fees are intended to address affordable
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housing demand, fire protection services, environmental justice, and related increases to City services
associated with warehouse development.
i. Community Benefit Fee amount and schedule:
Payment Amount Due
Payment 1 $2,150,000.00 Upon issuance of a grading permit, provided
that no grading permit shall be issued until
the fee is paid.
Payment 2 $2,150,000.00 Upon issuance of a certificate of occupancy
for either Building A or Building B, provided
that no certificate of occupancy shall be
issued until the fee is paid.
ii. If a Community Benefit Fee payment is scheduled to be due, pursuant to the
schedule above, after the Term of this Agreement, then such community benefit fee payment shall
automatically become due and owing on the final day of the Term. Developer may pay any of the
Community Benefit Fee payments in advance of the scheduled due date, which early payment shall
reduce the Consumer Price Index (CPI)-based inflationary increase applied to such payments pursuant to
paragraph (v) below.
iii. Up to thirty percent (30%) of the Community Benefit Fees received by City, as
identified in paragraph (i) above, shall be refunded to Developer if, within the Term of this Agreement, a
Project tenant generates five hundred thousand dollars ($500,000.00) in sales tax to the City annually for
any three (3) consecutive years, provided that Developer can demonstrate that the tenant responsible for
generating five hundred thousand dollars ($500,000.00) in sales tax received by the City for any three
(3) consecutive year period has a lease covering the entire Term of this Agreement. Alternatively, up to
fifteen (15%) of the Community Benefit Fees received by City, as identified in paragraph (i) above, shall
be refunded to Developer if, within the Term of this Agreement, a Project tenant is a manufacturing
business operating within City as of the Effective Date that has relocated to the Site. The refund shall be
paid to Developer thirty (30) days following the expiration of the Term. By way of example only, if the
tenant of Building A generates five hundred thousand dollars ($500,000.00) during each of years three,
four, and five of the Term, then City shall refund to Developer an amount equal to one million two
hundred ninety thousand ($1,290,000.00). The City shall have no further reimbursement obligation after
this Agreement has expired.
iv. Any Community Benefit Fee payment made after the first anniversary of the
Effective Date of this Agreement is considered a deferred Community Benefit Fee payment and is subject
to a CPI-based inflationary increase, if any, based on the CPI – All Urban Consumers for Riverside-San
Bernardino-Ontario California as published by the U.S. Department of Labor, Bureau of Labor Statistics
(or any successor thereto). Under no circumstance will the amount of each deferred Community Benefit
Fee payment be lower than the amount identified in the table above.
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v. The Community Benefit Fee being paid by Developer pursuant to section 11
satisfies all but one hundred thousand dollars ($100,000) of the public arts fees required by Ordinance
912. Developer shall have the right to satisfy the remaining one hundred thousand dollars (100,000)
either through the procurement of art or the payment of an in-lieu fee in that amount.
vi. Payment of the Community Benefit Fees above shall fully satisfy any future
commercial linkage fee adopted by the City, even if said fees are higher than the amounts specified above.
vii. Late Charges, Interest. If Developer fails to pay a Community Benefit Fee
payment by the due date, City shall give written notice to Developer (or its successor) of such
delinquency in accordance with section 24. If Developer fails to pay the Community Benefit Fee within
thirty (30) days after such notice is served on Developer (the “Period to Cure”) then Developer shall pay a
late charge in the amount equal to one quarter of one percent (0.25%) of the Community Benefit Fee due
but not paid. The Parties acknowledge and agree that the amount of the costs and expenses that City will
incur in the event the Community Benefit Fee is not paid when due is extremely difficult to calculate, and
that the late charge set forth in the immediately preceding sentence is a reasonable, good faith estimate of
such costs and expenses, but payment of such late charge shall not limit the City’s remedies following any
default by Developer under this Agreement. If any Community Benefit Fee, is not paid within the Period
to Cure, then such Community Benefit Fee (including any late charge) shall also bear interest, from the
due date until paid, at the rate that is the lesser of (i) ten percent (10%) per annum, or (ii) the highest rate
permitted by applicable law.
C. Traffic Improvements. The traffic improvements identified in paragraphs (i) and (ii) below
shall be completed to the satisfaction of the City Engineer, no later the date of issuance of the certificate
of occupancy of the Project’s first building. In the event that Developer is unable to complete the
construction of any improvement by the date of issuance of a certificate of occupancy for the Project’s
first building, despite Developer’s commercially reasonable efforts, due to processing, required
coordination with other projects, or other issues outside of Developer’s control, then Developer shall issue
a bond, satisfactory in form and value to the City Engineer, for the remaining work and shall be obligated
to complete the required improvement within one year of issuance of the certificate of occupancy for the
Project’s first building. For those improvements identified below requiring coordination and approval by
Caltrans, if any, City shall cooperate with Developer on Developer’s efforts to obtain Caltrans approval;
however, if Developer is unable to achieve 90% plan check review, as determined by the City Engineer,
despite commercially reasonable efforts, due to processing delays by Caltrans, then issuance of grading
and building permits for the Project shall not be delayed provided that all other requirements for issuance
of grading and building permits have been met. Notwithstanding the foregoing, the City will only issue a
temporary certificate of occupancy for the Project until the improvements that require Caltrans approval
are completed. Unless the improvements are completed within one year, the temporary certificate of
occupancy shall expire, unless an extension is mutually agreed to by both Parties.
i. Non-Sort Use Improvements. Developer shall construct the following traffic
improvements and dedicate the necessary right-of-way consistent with the demands outlined in the
Project’s TIA for a Non-Sort Use and determined necessary by the City Engineer:
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a. Etiwanda Avenue & 6th Street: Install a traffic signal. [DIF]
b. I-15 SB Ramps & Ontario Mills Dr./4th St: Modify the traffic signal to
implement a 130-second cycle length and overlap phasing for the WB right turn lane, restripe the SB
approach to provide one left turn lane, one through lane, and dual right turn lanes, and modify the traffic
signal to implement overlap phasing for NB and SB right turn lanes. [P]
ii. Sort Use Improvements. Developer shall construct the following traffic
improvements and dedicate the necessary right-of-way consistent with the demands outlined in the
Project’s TIA for a Sort Use and determined necessary by the City Engineer:
a. Milliken Ave. & 4th St: Modify the traffic signal to implement overlap phasing on the WB right
turn lane & modify the traffic signal to implement overlap phasing for the EB right turn lane; [P]
c. Etiwanda Ave. & Arrow Rte: Stripe 2nd SB left turn lane; [P]
e. Etiwanda Ave. & Napa St.: Add a northbound right-turn lane with overlap phasing, add overlap
phasing to the westbound right-turn lane and add a second westbound left-turn lane;
f. Haven Ave. & 4th St: Modify the traffic signal to implement an optimized cycle length; and
g. Etiwanda Ave. & I-10 EB Ramps: Restripe the eastbound shared left and right-turn lane to a
dedicated right-turn lane.
iii. Reimbursement. An improvement identified as [P] in paragraphs (i) and (ii) above
is eligible for a 50% reimbursement of the actual costs if first constructed by Developer and the same
improvement is also required to be constructed by the Bridge Point development. Developer may receive
reimbursement of fifty percent (50%) of the actual cost of these improvements if the improvements are
first constructed by Developer and the same improvements are also required to be constructed by the
Bridge Point Rancho Cucamonga project located at 12434 4th Street. Alternatively, if the improvement is
first constructed by the Bridge Point Rancho Cucamonga project, then Developer shall pay a
reimbursement to the City, which will be passed through to the Bridge Point Rancho Cucamonga
project’s developer, equal to fifty percent (50%) of the actual cost of the improvements and is not required
to construct the improvements. Improvements identified as [DIF] are currently listed in the City’s
Transportation Development Impact Fee Program and are eligible for credit and/or reimbursement up to
the amounts identified in the program as of the date of payment of the Transportation Development
Impact Fees. If these improvements are constructed by others prior to the development of this project, no
credits or reimbursements shall be owed to Developer.
iv. Satisfaction of Conditions of Approval. Developer’s provision of traffic
improvements pursuant to this section 11(C) will satisfy any Condition of Approval pertaining to the
impacts mitigated by the required traffic improvements and will serve as a substitute for the traffic
improvements described above.
D. Fair Share Payment in lieu of Remaining Traffic Improvements. In lieu of constructing the
opening year and horizon year (2040) traffic improvements outlined in the TIA but not described above,
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Developer shall have the right to pay a fair share fee into the City’s Industrial Area Traffic Improvement
Fund, equivalent to the amounts set forth in Exhibit “B” (the “Fair Share Fee”). The Fair Share Fee shall
be due prior to issuance of the first certificate of occupancy for the Project. Developer’s payment of the
Fair Share Fee for remaining traffic improvement pursuant to this section 11(D) will satisfy any Condition
of Approval pertaining to required contributions to the City’s Industrial Area Traffic Improvement Fund
for impacts mitigated by the improvements listed in the TIA but not required to be constructed in section
11(C)(i) or (ii) and such improvement shall not be required to be constructed.
E. New Public Street. Developer shall construct, consistent with the City’s standards and to
the satisfaction of the City Engineer, a new public street on the west side of the Project site from Napa
Street to the Project’s northerly property line with APN 0229-291-55, to be classified as an Industrial
Collector (66-foot full-width right-of-way), as shown in Exhibit D of this Agreement, including a
depiction of the proposed cross-section for the new public street with one travel lane, landscaped
parkway, and a sidewalk in each direction. Developer shall be responsible for all costs associated with the
design and construction of the new public street. City shall accept dedication of the public street and the
related improvements in the same manner as it accepts other similar public improvements constructed as
part of private development projects in the City upon completion of the public street and related
improvements. Developer shall provide a standard one-year warranty for the improvements, excluding
normal roadway wear and tear. No certificate of occupancy for any project component will be issued for
the Project until the improvements are completed and accepted by the City which the City shall not
unreasonably delay. Developer’s provision of a new public street pursuant to this section 11(E) will
satisfy any Condition of Approval pertaining to required provision of a new public street on the west side
of the Project site from Napa Street to the Project’s northerly property line with APN 0229-291-55.
F. Financing Districts. The City may initiate (i) proceedings to form one or more special
assessment districts (each, an “Assessment District”) to levy special benefit assessments (the “Special
Benefit Assessments”) or (ii) proceedings to form one or more Mello-Roos Community Facilities Act of
1982 (Government Code Sections 53311 et seq.) Community Facilities Districts (each, a “CFD,” and
collectively, with the Assessment Districts, the “Districts,” or individually, a “District”) to levy special
taxes (the “CFD Taxes”), to finance the maintenance and operation of public streets, parkways, medians,
public right-of-ways, public safety, and any other improvements or services benefiting properties within
all industrial zones throughout the City (the “Maintenance Services”). Developer shall not oppose the
formation of any District or the annexation of lands to any District, and shall vote in favor of any such
Special Benefit Assessments or CFD Taxes for a District; provided, however, that in no event shall the
annual total, combined amount of the Special Benefit Assessments and CFD Taxes for the Districts
exceed seven thousand five hundred dollars and zero cents ($7,500.00) per acre for the Site (the “Max
Levy”). The Max Levy shall increase annually by an amount determined necessary to fund the
Maintenance Services, but such annual increase shall be no less than two percent (2%) and no more than
six percent (6%). Developer shall satisfy its obligations under this paragraph 11(F) prior to the issuance
of the first certificate of occupancy for the Project. The provisions of this paragraph 11(F) shall not apply
to or affect the validity of any existing Assessment District or CFD applicable to the Site as of the
Effective Date.
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G. Solar Panels and Purchase Agreement. Developer shall install a solar collector system that
covers a percentage of the Project’s total roof area, with such percentage based on the formula outlined in
Rancho Cucamonga Municipal Code Section 17.76.020(B), as amended by Ordinance No. 982, which
requires in part that the renewable energy system shall be built to generate an amount of electricity
sufficient to meet the following criteria: (a) annualized building demand based on the approved use; and
(b) annualized demand required to charge fully electric vehicles and trucks, assuming that all vehicles and
trucks to the site are fully electric; and (c) a reasonable rate of efficiency loss over 10 years. Such
percentage shall be established pursuant to a study to be prepared by Developer and approved by the City,
with City review time fully reimbursed by the Developer and paid prior to any issuance of the first
building permit. The final percentage of required roof area coverage shall be confirmed by the City
Engineer. The Rancho Cucamonga Municipal Utility (“RCMU”) and Developer agree to negotiate and
execute a power purchase agreement (“Power Purchase Agreement”) within six (6) months of the
Effective Date, provided that no Certificate of Occupancy shall be issued for the Project until the power
purchase agreement is executed. A sample power purchase agreement is attached as Exhibit “E” to this
Agreement. The solar collector system shall be metered separately from the metered power usage
demand of the Project’s two buildings. The Power Purchase Agreement will commit the City to purchase
all electricity produced by the Project at market rate for at least 25 years, which market rate shall be
specified in the executed Power Purchase Agreement.
H. RCMU Connection. The Project shall utilize RCMU for electricity and high-speed
broadband. Developer shall extend all required infrastructure for electricity and high-speed broadband
(“Required Infrastructure”) onto the Project site at the locations identified in Exhibit “F.” “Required
Infrastructure” shall include all underground ducts and structures from a point of connection to
established RCMU service facilities at the stub out identified in Exhibit “F” in the street or public right of
way, surface mounted equipment (except for transformers), and cabling to serve both buildings on the
Site. This requirement shall satisfy any Condition of Approval pertaining to the Project’s electric and
fiber optic connection to RCMU.
I. Other City Fees. The Community Benefit Fee being paid by Developer pursuant to section
11 satisfies all but one hundred thousand dollars ($100,000) of the public arts fees required by Ordinance
912. Developer shall have the right to satisfy the remaining one hundred thousand dollars (100,000)
either through the procurement of art or the payment of an in-lieu fee in that amount. Otherwise,
Developer will be responsible for other applicable existing development fees.
J. MMRP Compliance Costs. The MMRP includes mitigation measures applicable to the
Project that may require City to verify compliance outside of City’s plan check process for the Project.
Accordingly, Developer shall reimburse City for all compliance costs, including City staff and consultant
time and expenses, incurred in verifying Developer’s compliance with the MMRP, except for such costs
associated with mitigation measures that are verified during plan check and recovered by City through
development fees. City shall submit an invoice for such costs on an as-needed basis and Developer shall
pay the invoice to City within thirty (30) days of receipt.
K. Undergrounding In-Lieu Fee. Pursuant to Rancho Cucamonga Municipal Code Section
16.36.090, Developer may pay a fee to City in the amount of one million four hundred thousand dollars
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($1,400,000.00) in lieu of undergrounding existing distribution and telecommunications facilities on the
Site or along streets peripheral to the Site (“Distribution Facilities”). If Developer elects to pay the fee in
lieu of undergrounding the Distribution Facilities, then City may use such funds for utility
undergrounding projects anywhere within the City of Rancho Cucamonga. This requirement shall satisfy
any Condition of Approval pertaining to the Project’s utility undergrounding.
L. Developer’s obligations under this section 11 may extend past the Term of this Agreement.
Therefore, this section 11 shall survive the expiration or termination of the Term; provided, however, that
upon termination of this Agreement pursuant to section 27 below, all of Developer’s obligations
hereunder shall be terminated and of no further force and effect.
Section 12. City’s Obligations. The City shall reasonably expedite review and processing of
all plans and issuance of all permits associated with the Project. The City shall refund not more
than thirty percent (30%) or fifteen percent (15%), as the case may be, of the community Benefit
Fee payments identified in section 11(B)(i), consistent with and provided the provisions and
conditions of section 11(B)(iii) are satisfied.
Section 13. Annual Review. During the Term of this Development Agreement, City shall
annually review the extent of good faith compliance by Developer with the terms of this
Development Agreement. Developer shall file an annual report with the City providing information
regarding compliance with the terms of this Development Agreement no later than sixty (60) days
prior to the anniversary of the Effective Date. Annual reports shall include all information
necessary for the City to assess Developer’s compliance with the terms and provisions of this
Agreement. Developer shall have the right to cause the annual report to be filed by any lessee
then occupying the Site provided, however, that Developer shall remain primarily responsible for
such filing.
Section 14. Indemnification and Legal Challenge. To the maximum extent permitted by law,
Developer agrees to, and shall, defend, indemnify and hold City and its elected officials, officers,
contractors serving as City officials, agents, and employees (“Indemnitees”) harmless from liability
for damage and/or claims for damage for personal injuries, including death, and claims for
property damage, and with respect to all other actions and liabilities for damages caused or
alleged to have been caused by reason of Developer’s activities in connection with the
construction of the Project or Developer’s operation of the permitted use, and which may arise
from the direct or indirect operations of Developer or those of Developer’s contractors, agents,
tenants, employees or any other persons acting on Developer’s behalf, which relate to the
Developer’s construction of the Project or operation of the permitted use. This indemnity provision
applies to all damages and claims for damage, as described above, regardless of whether or not
the City prepared, supplied, or approved the plans, specifications, or other documents for the
Project. Notwithstanding, the foregoing indemnity shall not include indemnification against (i) suits
and actions brought by Developer by reason of City's default or alleged default hereunder, or (ii)
suits and actions caused solely by or resulting solely from City's acts or omissions, or (iii) suits and
actions arising from the sole negligence or willful misconduct of City; provided further, however,
that the foregoing indemnity shall not apply to claims pertaining to City’s operation of those
portions of the Site dedicated to City after the dedication thereof.
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In the event of any legal action challenging the validity, applicability, or interpretation of any
provision of this Agreement, any of the Project Entitlements including, without limitation, the
City’s General Plan, Zoning Ordinance, Design Review, EIR, or any other supporting document
relating to the Project, the Developer shall indemnify, defend and hold harmless the Indemnitees,
and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded
against, the City or any of the Indemnitees in relation to such action. The City shall have the right
to select counsel of its choice. The parties hereby agree to cooperate in defending such action. In
the event of any litigation challenging the effectiveness of this Agreement, or any portion hereof,
this Agreement shall remain in full force and effect while such litigation, including any appellate
review, is pending, unless otherwise ordered by the court. Absent issuance of an injunction, the
Developer may elect to continue development under this Agreement pending completion of the
litigation but it shall do so at its sole risk, and the City shall not be liable for any loss suffered as a
result thereof.
Section 15. Amendments. This Agreement may be amended or canceled, in whole or in part,
only by mutual written consent of the parties and then in the manner provided for in California
Government Code Section 65868, et seq., or successor provisions thereto.
Section 16. Minor Amendments to Development Plan. Upon the written application of
Developer, minor modifications and changes to the Development Plan, including modifications to
the building design or footprint affecting setbacks, parking layout and design, and landscape
design may be approved by the Planning Director. Substantial changes in the Development Plan,
as determined by the Planning Director, shall be processed through the process required by law to
amend or modify the Development Plan. Upon the approval of substantial changes to the
Development Plan, Developer and City shall amend this Agreement to memorialize and
acknowledge the revised Development Plan.
Section 17. Enforcement. In the event of a default under the provisions of this Agreement by
Developer, City shall give written notice to Developer (or its successor) by registered or certified
mail addressed at the address stated in this Agreement, and if such violation is not corrected to
the reasonable satisfaction of City within thirty (30) days after such notice is served on Developer,
or if not corrected within such reasonable time as may be required to cure the breach or default if
said breach or default cannot be cured within said thirty (30) days (provided that acts to cure the
breach or default must be commenced within said thirty (30) days and must thereafter be diligently
pursued by Developer), then City may, without further notice, declare a default under this
Agreement and, upon any such declaration of default, City may bring any action necessary to
specifically enforce the obligations of Developer growing out of the operation of this Development
Agreement, apply to any court, state or federal, for injunctive relief against any violation by
Developer of any provision of this Agreement, or apply for such other relief as may be appropriate.
Section 18. Event of Default. Developer is in default under this Agreement upon the
happening of one or more of the following events or conditions:
A. If a material warranty, representation or statement made or furnished by Developer to City
set forth herein or in any document incorporated by reference herein is false or proved to have been false
in any material respect when it was made;
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B. If a finding and determination is made by City following an annual review pursuant to
section 13 hereinabove, upon the basis of substantial evidence, that Developer has not complied in good
faith with any material terms and conditions of this Agreement, after notice and opportunity to cure as
described in section 17 hereinabove; or
C. A breach by Developer of any of the provisions or terms of this Agreement, after notice
and opportunity to cure as provided in section 17 hereinabove.
Section 19. No Waiver of Remedies. City does not waive any claim of defect in performance
by Developer if on periodic review City does not enforce this Agreement. Nonperformance by
Developer shall not be excused because performance by Developer of the obligations herein
contained would be unprofitable, difficult or expensive or because of a failure of any third party or
entity, other than City. Subject to the provisions of Section 20, all other remedies at law or in
equity which are not otherwise provided for in this Agreement are available to each party to pursue
in the event that there is a breach of this Development Agreement by the other party (subject to
applicable notice and cure periods). No waiver by City or Developer of any breach or default
under this Development Agreement by the other party shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
Section 20. City Not Liable For Damages. It is acknowledged by the parties that the City
would not have entered into this Agreement if it could be held liable in damages under or with
respect to this Agreement or the application thereof. Consequently, and except for the payment of
attorney’s fees in accordance with this Agreement, the City shall not be liable in damages to the
Developer, or to any assignee, transferee or any other person, and the Developer covenants on
behalf of itself and its successors in interest not to sue for or claim any damages:
A. For any breach of this Agreement;
B. For the taking, impairment or restriction of any right or interest conveyed or provided
hereunder or pursuant hereto;
C. Arising out of or connected with any dispute, controversy or issue regarding the
application or interpretation or effect of the provisions of this Agreement; or
D. For any injury to or interference with the rights of the property owner, allegedly or actually
arising out of, or incurred in connection with, the parties entering this Agreement, or their exercise of any
rights under this Agreement.
The parties hereby warrant that each enters into this Agreement with the understanding that if the City
defaults on its obligations under this Agreement due to an action taken by the electorate of the City in the
exercise of the reserved powers of initiative and referendum, this Agreement shall be modified or
suspended to the extent required by Government Code Section 65869.5 and the Developer’s right to seek
specific performance, a writ of mandate, or other mandatory relief shall be limited by such force as the
action taken by the electorate may have in light of state law as determined by any court of competent
jurisdiction, in which case the Developer’s principal remedy shall lie in reformation of this Agreement
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Section 21. Rights of Lenders Under this Agreement. Should Developer place or cause to
be placed any encumbrance or lien on the Project, or any part thereof, the beneficiary (“Lender”)
of said encumbrance or lien shall have the right at any time during the term of this Agreement and
the existence of said encumbrance or lien to:
A. Do any act or thing required of Developer under this Agreement, or cure any default of
Developer under this Agreement within the time limits set forth in section 17, and any such act or thing
done or performed by Lender or cure shall be as effective as if done by Developer;
B. Realize on the security afforded by the encumbrance or lien by exercising foreclosure
proceedings or power of sale or other remedy afforded in law or in equity or by the security document
evidencing the encumbrance or lien (hereinafter referred to as “a trust deed”);
C. Transfer, convey or assign the title of Developer to the Project to any purchaser at any
foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power
of sale contained in a trust deed; and
D. Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether
the foreclosure sale is conducted pursuant to a court order or pursuant to a power of sale contained in a
trust deed.
Should any Lender require or request an amendment of this Agreement in respect of the rights and
remedies granted to a Lender, City hereby agrees to execute and deliver such an amendment so long as
the proposed amendment does not materially and adversely affect the rights, powers, and remedies of the
City in respect of a default by Developer hereunder.
Section 22. Notice to Lender. City shall give written notice of any default or breach under this
Agreement by Developer to Lender (if known by City) simultaneously with such notice of default
City gives to Developer and afford Lender the opportunity after receipt of service of the notice to:
A. Cure the breach or default within thirty (30) days after service of said notice, where the
default can be cured by the payment of money;
B. Cure the breach or default within thirty (30) days after service of said notice where the
breach or default can be cured by something other than the payment of money and can be cured within
that time; or
C. Cure the breach or default in such reasonable time as may be required where something
other than payment of money is required to cure the breach or default and cannot be performed within
thirty (30) days after said notice, provided that acts to cure the breach or default are commenced within a
thirty (30) day period after service of said notice of default on Lender by City and are thereafter diligently
continued by Lender.
Section 23. Action by Lender. Notwithstanding any other provision of this Agreement, a
Lender may forestall any action by City for a breach or default under the terms of this Agreement
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by Developer by commencing proceedings to foreclose its encumbrance or lien on the Project.
The proceedings so commenced may be for foreclosure of the encumbrance by order of court or
for foreclosure of the encumbrance under a power of sale contained in the instrument creating the
encumbrance or lien. The proceedings shall not, however, forestall any such action by the City for
the default or breach by Developer unless:
A. They are commenced within thirty (30) days after service on Developer (and on Lender if
Lender’s address is provided to the City) of the notice described hereinabove;
B. They are, after having been commenced, diligently pursued in the manner required by law
to completion; and
C. Lender keeps and performs all of the terms, covenants, and conditions of this Agreement
requiring the payment or expenditure of money by Developer until the foreclosure proceedings are
complete or are discharged by redemption, satisfaction, or payment.
Section 24. Notice. Any notice required to be given by the terms of this Agreement shall be
provided by email or certified mail, return receipt requested, at the address of the respective
parties as specified below or at any other such address as may be later specified by the parties
hereto.
To Developer: Speedway Commerce Center Development, LLC
A Delaware limited liability company
901 Via Piemonte, Suite 175
Ontario, CA 91764
Attention: Scott Morse
With a copy to: Gresham Savage Nolan & Tilden, PC
550 E. Hospitality Lane, Suite 300
San Bernardino, CA 92408
Attention: Mark A. Ostoich
Email: mark.ostoich@greshamsavage.com
To City: City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California, 91730
Attention: City Manager
Email: john.gillison@cityofrc.us
With a Copy to: Richards, Watson & Gershon
350 S. Grand Avenue, 37th Floor
Los Angeles, California 90071
Attention: Nicholas R. Ghirelli
Email: nghirelli@rwglaw.com
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Section 25. Attorneys’ Fees. In any proceedings arising from the enforcement of this
Agreement or because of an alleged breach or default hereunder, the prevailing party shall be
entitled to recover its costs and reasonable attorneys’ fees and experts’ fees incurred during the
proceeding (including appeals) as may be fixed within the discretion of the court.
Section 26. Binding Effect. This Agreement shall bind, and the benefits and burdens hereof
shall inure to, the respective parties hereto and their legal representatives, executors,
administrators, successors and assigns, wherever the context requires or admits.
Section 27. Termination. Notwithstanding any other provision contained herein, this
Agreement may be terminated at any time upon the written mutual agreement of both parties.
Section 28. Applicable Law and Venue. This Agreement shall be construed in accordance
with and governed by the laws of the State of California. Venue for any action or litigation brought
for breach or to enforce any provision of this Agreement shall be the Superior Court of the County
of San Bernardino, California.
Section 29. Partial Invalidity. If any provisions of this Agreement shall be deemed to be
invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions
hereof shall not in any way be affected or impaired thereby.
Section 30. Recordation. The City Clerk shall record this Agreement in the Official Records of
the County Recorder of the County of San Bernardino within ten (10) business days following the
Effective Date. Upon the expiration of the terms of this Agreement and the request of the Property
Owner, the City will execute and deliver, in recordable form, an instrument confirming that this
Agreement is terminated and of no further force or effect.
Section 31. Force Majeure. In the event that either party hereto shall be delayed or hindered
or prevented from performance of any act required hereunder by reason of acts of God, strikes,
lockouts, labor troubles, inability to procure materials, riots, insurrection, terrorism, war or other
reason of similar nature not the fault of the party delayed in performing the work or doing the acts
required under the terms of this Agreement, then the performance of such act shall be excused for
the period of the delay caused by the foregoing. Financial inability shall not be deemed an excuse
for delay under this section 31.
Section 32. Integrated Agreement. This Development Agreement consists of this Agreement
together with all Exhibits attached hereto, and all of the same are hereby incorporated by
reference. The provisions of this Agreement shall govern over any inconsistent or conflicting
provisions set forth in the Exhibits. No representation or promise, verbal or written, not expressly
set forth herein shall be binding or have any force or effect.
Section 33. Time of Essence. Time is of the essence in every provision hereof in which time
is a factor.
Section 34. Operating Memoranda. The provisions of this Agreement require a close degree
of cooperation between the City and Developer. The anticipated refinements to the Project may
demonstrate that clarifications to this Agreement and the Project Entitlements are appropriate with
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respect to the implementation of this Agreement and the Project Entitlements. If, when, and as it
becomes necessary or appropriate to take implementing actions or make such changes,
adjustments or clarifications, the Parties may effectuate such actions, changes, adjustments or
clarifications through an operating memorandum (“Operating Memorandum”) approved by the
parties in writing which references this section. Such Operating Memorandum shall not require
public notices and hearings or an amendment to this Agreement unless it is required by sections
15 or 16 above. The City Manager shall be authorized, after consultation with and approval of
Developer, to determine whether a requested adjustment, clarification or implementing action
(i) may be effectuated pursuant to this section 34 and is consistent with the intent and purpose of
this Agreement and the Project Entitlements or (ii) is of the type that would constitute an
amendment to this Agreement and thus would require compliance with the provisions of section 15
or section 16 above. The authority to enter into such Operating Memorandum is hereby delegated
to the City Manager, and the City Manager is hereby authorized to execute any Operating
Memorandum hereunder without further City Council action.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the
Effective Date set forth hereinabove.
CITY:
CITY OF RANCHO CUCAMONGA,
a Municipal Corporation
Dated:
By:
L. Dennis Michael
Mayor
DEVELOPER:
SPEEDWAY COMMERCE CENTER
DEVELOPMENT, LLC, a Delaware limited
liability company
Dated:
By:
Print Name:
Title:
ATTEST:
Janice C. Reynolds
City Clerk
Dated:
By:
Print Name:
Title:
Approved as to form:
James L. Markman
City Attorney
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
State of California )
County of San Bernardino )
On _________________________, before me, ,
(insert name and title of the officer) Notary Public, personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
State of California )
County of San Bernardino )
On _________________________, before me, ,
(insert name and title of the officer) Notary Public, personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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EXHIBIT “A-1”
LEGAL DESCRIPTION
The Land referred to herein below is situated partly in the City of Rancho Cucamonga, County of San
Bernardino, and partly in an unincorporated area in the County of San Bernardino, all in the State of
California, and is described as follows:
ALL THOSE PORTIONS OF THE FOLLOWING DESCRIBED LAND LYING WITHIN THOSE CERTAIN
PARCELS OF LAND GRANTED TO KAISER STEEL LAND DEVELOPMENT, INC., A DELAWARE
CORPORATION, AND DESCRIBED AS PARCELS NO. 1, 2, 3, AND 4, AND A PORTION PARCEL NO.
6, BY DOCUMENT RECORDED JULY 28, 1994 AS INSTRUMENT NO. 94323332 OF OFFICIAL
RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, IN THE WEST ONE-
HALF OF SECTION 9 AND SECTION 16, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO
MERIDIAN, AND THAT PORTION OF THE EAST ONE-HALF OF SECTION 16, TOWNSHIP 1 SOUTH,
RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 9, SAID CORNER BEING
LOCATED IN THE CENTER LINE OF ETIWANDA AVENUE; THENCE NORTH 00°06'43" EAST,
368.12 FEET ALONG THE WEST LINE OF SAID SECTION 9 AND THE CENTERLINE OF SAID
ETIWANDA AVENUE TO THE SOUTHERLY RIGHT OF WAY LINE OF THE ATCHISON TOPEKA
AND SANTA FE RAILWAY, 100 FEET IN WIDTH; THENCE NORTH 87°54'59" EAST, 50.04 FEET
ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE EASTERLY RIGHT OF WAY LINE OF
SAID ETIWANDA AVENUE (50.00 HALF WIDTH) TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 87°54'59" EAST, 911.48 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO AN
ANGLE POINT IN THE NORTHWESTERLY BOUNDARY LINE OF THE REAL PROPERTY
CONVEYED TO NATIONAL CAN CORPORATION BY DEED RECORDED MAY 06, 1965 IN BOOK
6385, PAGE 456 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 60°06'26" WEST,
214.28 FEET ALONG SAID NORTHWESTERLY BOUNDARY TO A ANGLE POINT IN SAID
BOUNDARY; THENCE SOUTH 00°07'03" WEST, 554.86 FEET ALONG THE WESTERLY BOUNDARY
OF SAID NATIONAL CAN CORPORATION BOUNDARY TO THE SOUTHWEST CORNER OF SAID
BOUNDARY; THENCE NORTH 88°57'35" EAST, 1324.24 FEET ALONG THE SOUTHERLY
BOUNDARY OF SAID NATIONAL CAN CORPORATION BOUNDARY TO THE SOUTHEAST
CORNER OF SAID BOUNDARY; THENCE NORTH 00°07'03" EAST, 679.03 FEET ALONG THE
EASTERLY BOUNDARY OF SAID NATIONAL CAN CORPORATION BOUNDARY TO THE
NORTHEAST CORNER OF SAID BOUNDARY, SAID NORTHEAST CORNER ALSO BEING ON SAID
SOUTHERLY RIGHT OF WAY LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILWAY;
THENCE NORTH 87°54'59" EAST, 447.68 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO
A LINE PARALLEL WITH AND DISTANT WESTERLY 100.00 FEET FROM THE SOUTHWEST ONE-
QUARTER OF SAID SECTION 9; THENCE SOUTH 00°15'05" WEST, 414.32 FEET ALONG SAID
PARALLEL LINE, TO A POINT ON THE SOUTH LINE OF SAID SECTION 9 SAID POINT ALSO
BEING ON THE NORTHERLY LINE OF SAID SECTION 16; THENCE NORTH 88°57'18" EAST, 100.02
FEET ALONG SAID NORTHERLY LINE, TO THE NORTHEAST CORNER OF THE NORTHWEST ONE-
QUARTER OF SAID SECTION 16; THENCE NORTH 88°57'18" EAST, 200.03 FEET ALONG THE
NORTHERLY LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 16 TO A POINT ON
THE EASTERLY LINE OF THE WESTERLY 200.00 FEET OF THE EAST ONE-HALF OF SAID
SECTION 16; THENCE SOUTH 00°06'58" WEST, 799.51 FEET TO A POINT ON THE NORTHERLY
LINE OF NAPA STREET AS DESCRIBED IN DOCUMENT RECORDED OCTOBER 06, 1995 AS
INSTRUMENT NO. 19950348166, AND DOCUMENT RECORDED NOVEMBER 22, 1995 AS
INSTRUMENT NO. 19950404553, BOTH OF OFFICIAL RECORDS, SAID POINT ALSO BEING THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS
OF 883.00 FEET, A RADIAL LINE THROUGH THE BEGINNING OF SAID NON-TANGENT CURVE
BEARS NORTH 23°08'53" WEST; THENCE FOLLOWING (7) SEVEN COURSES ALONG THE
NORTHERLY LINE OF SAID NAPA STREET: THENCE SOUTHWESTERLY 36.49 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 02°22'05", TO THE BEGINNING OF A REVERSE CURVE
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CONCAVE NORTHERLY AND HAVING A RADIUS OF 817.00 FEET, A RADIAL LINE THROUGH
THE BEGINNING OF SAID REVERSE CURVE BEARS SOUTH 25°30'58" EAST; THENCE WESTERLY
729.50 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 51°09'34" TO THE
BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF
883.00 FEET, A RADIAL LINE THROUGH THE BEGINNING OF SAID REVERSE CURVE BEARS NORTH
25°38'36" EAST; THENCE WESTERLY 390.98 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
25°22'10"; THENCE NORTH 89°43'34" WEST, 518.43 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 1033.00 FEET; THENCE SOUTHWESTERLY 188.14 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°26'06" TO THE BEGINNING OF A REVERSE
CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 967.00 FEET, A RADIAL LINE THROUGH
THE BEGINNING OF SAID REVERSE CURVE BEARS SOUTH 10°09'40" EAST; THENCE WESTERLY 176.47
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°27'22"; THENCE NORTH 89°42'18" WEST,
222.48 FEET TO A POINT ON THE EAST LINE OF THAT CERTAIN STRIP OF LAND, 150.00 FEET WIDE,
DESCRIBED IN THE RIGHT OF WAY EASEMENT FROM FRANK BORGIA ET UX. TO SOUTHERN
CALIFORNIA EDISON COMPANY LTD., RECORDED SEPTEMBER 27, 1938 IN BOOK 1301, PAGE 183 OF
OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH
00°07'03" EAST, 714.03 FEET ALONG SAID EAST LINE TO THE SOUTHERLY LINE OF SAID SECTION 9;
THENCE NORTH 00°04'52" EAST, 319.38 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL NO. 1 AS
CONVEYED TO ROBERT C. RINGHOLZ BY DEED RECORDED NOVEMBER 30, 1948 IN BOOK 2327, PAGE 359
OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEARS 625.52 FEET (625.56 FEET GROUND) EAST
ALONG SAID SOUTHERLY LINE FROM THE SOUTHWEST CORNER OF PARCEL NO. 1 OF SAID ROBERT C.
RINGHOLZ PROPERTY, SAID SOUTHWEST CORNER BEING ON THE CENTERLINE OF SAID ETIWANDA
AVENUE; THENCE SOUTH 87°54'59" WEST, 575.48 FEET ALONG SAID SOUTHERLY LINE TO THE
INTERSECTION OF SAID EASTERLY RIGHT OF WAY LINE OF SAID ETIWANDA AVENUE; THENCE NORTH
00°06'43" EAST, 60.04 FEET ALONG SAID EASTERLY RIGHT OF WAY LINE TO THE TRUE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE SOUTHWEST ONE-HALF OF SECTION 9 AND A PORTION OF THE NORTHWEST
ONE-QUARTER OF SECTION 16, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN,
SITUATED IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, SAID PORTION ALSO BEING A PORTION OF THE LAND DESCRIBED IN GRANT DEED TO
KAISER STEEL LAND DEVELOPMENT, INC., RECORDED JANUARY 12, 2000 AS INSTRUMENT NO.
20000011988 OF OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 9, SAID CORNER BEING ON THE
CENTERLINE OF ETIWANDA AVENUE; THENCE NORTH 00°06'43" EAST, 368.09 FEET ALONG THE WEST
LINE OF SAID SECTION 9 AND SAID CENTERLINE TO THE SOUTHERLY LINE OF THE ATCHISON TOPEKA
AND SANTA FE RAILWAY RIGHT-OF-WAY (100 FEET WIDE); THENCE NORTH 87°54'59" EAST 50.04 FEET
ALONG SAID SOUTHERLY LINE TO THE EASTERLY LINE OF SAID ETIWANDA AVENUE (50.00 FEET HALF
WIDTH), SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 87°54'59" EAST, 911.48 FEET
CONTINUING ALONG SAID SOUTHERLY LINE TO AN ANGLE POINT IN THE NORTHWESTERLY LINE OF
THE PARCEL OF LAND DESCRIBED IN GRANT DEED TO NATIONAL CAN CORPORATION, RECORDED
MAY 06, 1965 IN BOOK 6385, PAGE 456 OF OFFICIAL RECORDS; THENCE SOUTH 60°06'26" WEST 214.28
FEET ALONG SAID NORTHWESTERLY LINE TO AN ANGLE POINT IN SAID PARCEL; THENCE SOUTH
00°07'03" WEST, 554.86 FEET ALONG THE WESTERLY LINE OF SAID PARCEL TO THE SOUTHWEST
CORNER OF SAID PARCEL; THENCE SOUTH 88°57'35" WEST, 150.02 FEET ALONG THE WESTERLY
PROJECTION OF THE SOUTHERLY LINE OF SAID PARCEL TO A POINT ON THE EASTERLY LINE OF THAT
CERTAIN STRIP OF LAND, 150 FEET WIDE, DESCRIBED IN RIGHT-OF-WAY EASEMENT, TO SOUTHERN
CALIFORNIA EDISON COMPANY, LTD., RECORDED SEPTEMBER 27, 1938 IN BOOK 1301, PAGE 183 OF
OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 00°07'03" EAST, 272.73 FEET ALONG LAST SAID
EASTERLY LINE TO THE SOUTH LINE OF SAID SECTION 9; THENCE NORTH 00°04'52" EAST, 319.38 FEET
TO A POINT ON THE SOUTHERLY LINE OF THE LAND DESCRIBED AS PARCEL NO. 1 IN GRANT DEED TO
ROBERT C. RINGHOLZ, RECORDED NOVEMBER 30, 1948 IN BOOK 2327, PAGE 359 OF OFFICIAL RECORDS
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OF SAID COUNTY, SAID POINT BEARS 625.52 FEET (625.56 FEET GROUND) EAST ALONG SAID
SOUTHERLY LINE FROM THE SOUTHWEST CORNER OF SAID PARCEL 1 OF SAID ROBERT C. RINGHOLZ
PROPERTY, SAID SOUTHWEST CORNER BEING ON THE CENTERLINE OF ETIWANDA AVENUE; THENCE
SOUTH 87°54'59" WEST, 575.48 FEET ALONG LAST SAID SOUTHERLY LINE TO A POINT ON SAID
EASTERLY LINE OF ETIWANDA AVENUE; THENCE NORTH 00°06'43" EAST, 60.04 FEET ALONG LAST SAID
EASTERLY LINE TO THE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 9 AND A PORTION OF THE
NORTHWEST ONE-QUARTER OF SECTION 16, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN
BERNARDINO MERIDIAN, SITUATED IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, SAID PORTION ALSO BEING A PORTION OF THE PARCEL
OF LAND DESCRIBED IN GRANT DEED TO NATIONAL CAN CORPORATION, RECORDED MAY 06,
1965 IN BOOK 6385, PAGE 456 OF OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID NATIONAL CAN CORPORATION PARCEL;
THENCE SOUTH 88°57'35" WEST, 567.50 FEET ALONG THE SOUTHERLY LINE OF SAID PARCEL TO A
POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1062.15
FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 72°53'33" WEST; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48°02'18" AN ARC
LENGTH OF 890.54 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL; THENCE SOUTH
00°07'03" WEST, 641.03 FEET ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING.
SAID LAND IS ALSO SHOWN AND DESCRIBED AS PARCEL 2 OF CERTIFICATE OF
COMPLIANCE NO. 507 RECORDED JANUARY 17, 2002 AS INSTRUMENT NO. 20020026839 OF
OFFICIAL RECORDS.
For conveyancing purposes only: APNs 0229-291-45-0-000, 0229-291-46-0-000 and 0229-291-54-0-000.
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EXHIBIT “A-2”
SITE MAP
B-1
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EXHIBIT “B”
FAIR SHARE FEES – SORT USE AND NON-SORT USE
SUBJECT TO FINALIZATION AND VERIFICATION BY THE CITY ENGINEER PRIOR
TO THE CITY COUNCIL PUBLIC HEARING
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EXHIBIT “C”
DEVELOPMENT PLAN
ON FILE IN THE PLANNING DEPARTMENT; TO BE ADDED PRIOR TO RECORDING
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EXHIBIT “D”
New Public Street Depiction
Via Maria Place, AKA Street “A”
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EXHIBIT “E”
Draft Power Purchase Agreement
INDUSTRIAL ZONING DISTRICT RENEWABLE
POWER PURCHASE AGREEMENT
between
CITY OF RANCHO CUCAMONGA
and
________
INDUSTRIAL ZONING DISTRICT
RENEWABLE POWER PURCHASE AGREEMENT
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TABLE OF CONTENT
1. DOCUMENTS INCLUDED ......................................................................................... 3
2. SELLER’S FACILITY AND COMMERCIAL OPERATION DATE .................... 3
3. CONTRACT CAPACITY AND QUANTITY; TERM; CONTRACT PRICE;
BILLING; COLLATERAL REQUIREMENT .......................................................... 5
4. GREEN ATTRIBUTES; RESOURCE ADEQUACY BENEFITS; ERR
REQUIREMENTS ........................................................................................................ 8
5. REPRESENTATION AND WARRANTIES; COVENANTS ................................... 9
6. GENERAL CONDITIONS ......................................................................................... 11
7. INDEMNITY ............................................................................................................... 13
8. LIMITATION OF DAMAGES .................................................................................. 14
9. INSURANCE ............................................................................................................... 14
10. NOTICES ..................................................................................................................... 16
11. FORCE MAJEURE .................................................................................................... 17
12. EVENTS OF DEFAULT AND TERMINATION .................................................... 17
13. GOVERNMENTAL CHARGES ............................................................................... 19
14. RELEASE OF INFORMATION AND RECORDING CONVERSATION .......... 20
15. ASSIGNMENT ............................................................................................................ 20
16. GOVERNING LAW .................................................................................................... 20
17. DISPUTE RESOLUTION .......................................................................................... 21
18. MISCELLANEOUS .................................................................................................... 21
APPENDIX A – DEFINITIONS .............................................................................................................. 24
APPENDIX B – COMMERCIAL OPERATION DATE CONFIRMATION LETTER ................... 31
APPENDIX C – FORECASTING REQUIREMENTS ......................................................................... 32
APPENDIX D – DESCRIPTION OF THE FACILITY ........................................................................ 33
APPENDIX E – INDUSTRIAL ZONING DISTRICT RENEWABLE PPA MILESTONES AND
EXAMPLE ACTION STEPS ..................................................................................... 34
APPENDIX F – NOTICES LIST ............................................................................................................ 36
APPENDIX G – FORM OF LETTER OF CREDIT ............................................................................. 37
APPENDIX H – FORM OF CONSENT TO ASSIGNMENT .............................................................. 39
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The City of Rancho Cucamonga, a municipal corporation organized and existing under the laws of the State
of California (“Buyer” or “RCMU”), and _________(“Seller”), a ________________, hereby enter into this Power
Purchase Agreement (“Agreement”) made and effective as of the Execution Date. Seller and Buyer are sometimes
referred to in this Agreement jointly as “Parties” or individually as “Party.” In consideration of the mutual promises
and obligations stated in this Agreement and its appendices, the Parties agree as follows:
ARTICLE ONE. DOCUMENTS INCLUDED
This Agreement includes the following appendices, which are specifically incorporated herein and made a
part of this Agreement:
Appendix A Definitions
Appendix B Commercial Operation Date Confirmation Letter
Appendix C Forecasting Requirements
Appendix D Description of the Facility
Appendix E Seller’s Milestone Schedule
Appendix F Notices List
Appendix G Form of Letter of Credit
Appendix H Form of Consent to Assignment
This Agreement specifically incorporates herein by reference as if appended hereto the following
documents (collectively referred to herein as the “Referenced Documents”):
Industrial Zoning District Renewable PPA Application, submitted by Seller, dated __________
Industrial Zoning District Renewable PPA Generation Forecast, dated _____________
Project Phasing Plan, approved by the City of Rancho Cucamonga on _____________
To the extent any provisions of the Referenced Documents conflict with any other provisions of the
Agreement, the other provisions of the Agreement shall control.
ARTICLE TWO. SELLER’S FACILITY AND COMMERCIAL OPERATION DATE
This Agreement governs Buyer’s purchase of the Product from the electrical generating facility (hereinafter
referred to as the “Facility” or “Project”) as described in this Section.
1.1. Facility Location. The Facility is physically located at:
_____________________________.
1.2. Facility Name. The Facility is named _____________.
1.2.1. The Facility’s renewable resource is _______.
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1.3. Interconnection Point. The Facility is connected to the Rancho Cucamonga Municipal Utility
(RCMU’s) electric system at __________ distribution circuit at a service voltage of __12____
kV.
1.4. Delivery Point. The Delivery Point for Energy is the Interconnection Point.
1.5. Facility Description. A description of the Facility, including a summary of its significant
components, a drawing showing the general arrangements of the Facility, and a single line
diagram illustrating the interconnection of the Facility and loads with the
Transmission/Distribution Owner’s electric distribution system, is attached and incorporated
herein as Appendix D.
1.6. Commercial Operation.
1.6.1. The Facility’s expected Commercial Operation Date is _______.
1.6.2. Seller shall achieve Commercial Operation no later than the expected Commercial
Operation Date specified in Section 2.6.1, which date shall be no later than _______ (__)
months from the Execution Date of this Agreement. The expected Commercial Operation
Date specified in Section 2.6.1 may be extended for only the following reasons:
1.6.2.1. If Seller has taken all commercially reasonable actions (including but not limited to
Seller’s timely filing of all required applications and documents, payment of all
applicable fees, and completion of all electric system upgrades needed, if any) to
have the Project physically interconnected to the Transmission/Distribution
Owner’s distribution system, but fails to secure any necessary commitments from
the Transmission/Distribution Owner for such interconnection and upgrades due to
delays beyond Seller’s reasonable control, then the expected Commercial Operation
Date specified in Section 2.6.1 shall be extended for the number of days necessary
to physically interconnect the Facility; provided, however, that such delay may not
extend the expected Commercial Operation Date specified in Section 2.6.1 for a
period of more than six (6) months; or
1.6.2.2. If Seller has taken all commercially reasonable actions (including but not limited to
Seller’s timely filing of all required applications and documents and payment of all
applicable fees, if any) to obtain permits necessary to construct and operate the
facility but fails to secure any such permits due to delays beyond Seller’s reasonable
control, then the expected Commercial Operation Date specified in Section 2.6.1
shall be extended for the number of days necessary to secure such permits;
provided, however, that such delay may not extend the expected Commercial
Operation Date specified in Section 2.6.1 for a period of more than six (6) months;
or
1.6.2.3. In the event of Force Majeure, the expected Commercial Operation Date specified
in Section 2.6.1 shall be extended on a day-to-day basis for a cumulative period of
not more than six (6) months; provided that Seller complies with Section 10.
1.6.2.4. Extensions under Section 2.6.2.1, 2.6.2.2, and 2.6.2.3, to the extent they may occur
concurrently, shall run concurrently.
1.6.3. Seller shall provide Notice to Buyer of the Commercial Operation Date of the Facility at
least thirty (30) days prior to such date.
1.6.4. Notwithstanding anything in this Agreement, if Seller is unable to achieve Commercial
Operation by the expected Commercial Operation Date specified in Section 2.6.1, which
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may be extended pursuant to Section 2.6.2, then Seller shall either (i) terminate the
Agreement, in which case Buyer may retain the full Reservation Deposit, or (ii) pay to
Buyer daily delay damages in the amount of twenty cents ($0.20) for each kilowatt of
Contract Capacity for each day beyond the expected Commercial Operation Date specified
in Section 2.6.1, as may be extended pursuant to Section 2.6.2, that Seller requires to
achieve Commercial Operation.
1.6.5. Commercial Operation shall occur only when all of the following conditions have been
satisfied:
1.6.5.1. the Facility’s status as an Eligible Renewable Energy Resource is demonstrated by
Seller’s receipt of pre-certification from the CEC;
1.6.5.2. the Parties have executed and exchanged the “Commercial Operation Date
Confirmation Letter” attached as Appendix B;
1.6.5.3. Seller is in compliance with all applicable requirements of the RCMU Electric
Service Rule 22 – Generating Facility Interconnections;
1.6.5.4. Seller has furnished to Buyer all insurance documents required under Section 9;
1.6.5.5. Seller has provided thirty (30) days’ Notice prior to the Commercial Operation Date
as required under Section 2.6.3;
1.6.5.6. Seller has obtained all permits necessary to operate the Facility and is in compliance
with all Laws applicable to the operation of the Facility;
1.6.5.7. Seller has successfully installed and tested the Facility at its full Contract Capacity,
and the Facility is capable of reliably generating at its full Contract Capacity; and
1.6.5.8. Seller has satisfied the Collateral Requirement set forth in Section 3.9.
1.6.5.9. The City of Rancho Cucamonga has approved the Phasing Plan submitted by Seller
for the Facility.
ARTICLE THREE. CONTRACT CAPACITY AND QUANTITY; TERM; CONTRACT PRICE;
BILLING; COLLATERAL REQUIREMENT
1.7. Contract Capacity. Pursuant to the Phasing Plan approved by the City of Rancho Cucamonga, the
Contract Capacity is as follows:
Phase 1: _____ kW, alternating current (AC).
Phase 2: _____ kW, alternating current (AC).
Phase 3: _____ kW, alternating current (AC).
1.8. Contract Quantity.
1.8.1. The “Contract Quantity” during each Contract Year is the amount set forth in the applicable
Contract Year in the “Delivery Term Contract Quantity Schedule,” set forth in Appendix F ,
which amount is net of Station Use. Seller shall have the option to update the Delivery
Term Contract Quantity Schedule one (1) time prior to Commercial Operation Date by an
amount not to exceed a five percent (5%) increase or decrease from the Contract Quantity
specified as of the Execution Date.
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1.8.2. At least ninety (90) days prior to the occurrence of a Phasing Plan Transition Event, Seller
shall provide Notice to Buyer that includes the following information (i) the new Contract
Capacity consistent with Section 3.1; (ii) the date upon which the changed Contract
Capacity will be available to Buyer; and (iii) documentation reasonably satisfactory to
Buyer demonstrating that the requirements of the Phasing Plan have been met.
1.8.3. Within thirty (30) days of receiving Notice from Seller pursuant to Section 3.2.2., the City
Manager shall cause the Contract Quantity values specified in Appendix F to be modified
for the applicable Contract Years consistent with the Phasing Plan, and such modification
shall be considered an element of the administration of this Agreement and shall not require
the consent of the Parties hereto. Upon such modification, the City Manager shall promptly
provide a copy of such revised Appendix F to Seller.
1.9. Transaction. During the Delivery Term, Seller shall sell and deliver, or cause to be delivered, and
Buyer shall purchase and receive, all Product produced by or associated with the Facility that is
delivered to the Delivery Point. In no event shall Seller have the right to procure the Product from
sources other than the Facility for sale or delivery to Buyer under this Agreement. Buyer shall have
no obligation to receive or purchase the Product from Seller prior to the Commercial Operation Date
or after the end of the Delivery Term.
1.10. Term of Agreement; Survival of Rights and Obligations.
1.10.1. The term shall commence upon the Execution Date of this Agreement and shall remain in
effect until the conclusion of the Delivery Term unless terminated sooner pursuant to
Sections 10.4 or 11 of this Agreement (the “Term”).
1.10.2. Notwithstanding anything to the contrary in this Agreement, all of the rights and obligations
that this Agreement expressly provides survive termination as well as the rights and
obligations that arise from Seller’s or Buyer’s covenants, agreements, representations, and
warranties applicable to, or to be performed, at or during any time before or as a result of
the termination of this Agreement.
1.11. Delivery Term. Seller shall deliver the Product from the Facility to Buyer for a period of
twenty-five (25) Contract Years for all generation technologies. The Delivery Term shall
commence on the Commercial Operation Date and continue until the end of the last Contract
Year unless the Agreement is terminated sooner pursuant to the terms of the Agreement.
1.12. Contract Price.
1.12.1. Throughout the Delivery Term, and subject to and in accordance with the terms of this
Agreement, Buyer shall pay the Contract Price to Seller for the Product based on the amount
of Delivered Energy. The Contract Price shall be $__ per MWh of Delivered Energy.
1.12.2. In any Contract Year, if the amount of Delivered Energy exceeds one hundred fifteen
percent (115%) of the annual Contract Quantity amount, the Contract Price for such
Delivered Energy in excess of one hundred fifteen percent (115%) shall be adjusted to be
seventy-five percent (75%) of the applicable Contract Price.
1.12.3. Seller shall curtail production of the Facility in accordance with the applicable Notice after
receipt of: (a) Notice from Buyer that Buyer has been instructed by the CAISO or the
Transmission/Distribution Owner or any other jurisdictional entity to curtail Energy
deliveries; or (b) Notice that Seller has been given a curtailment order or similar instruction
in order to respond to an Emergency; or (c) Notice of a Curtailment Order issued by Buyer.
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Buyer shall have no obligation to pay Seller for any Product delivered in violation of this
Section 3.6.3. Seller shall assume all liability and reimburse Buyer for any and all costs and
charges incurred by Buyer, including but not limited to CAISO penalties, as a result of
Seller delivering Energy in violation of the Section 3.6.3. Buyer shall have no obligation to
pay Seller for any Product that Seller would have been able to deliver but for the fact of a
curtailment pursuant to subsection (a) or (b) of the first sentence of this Section 3.6.3.
1.12.4. Buyer shall have the right, but not the obligation, to issue to Seller a Curtailment Order.
Buyer shall pay Seller the Contract Price for the Product Seller would have been able to
deliver but for the fact that Buyer issued a Curtailment Order (“Paid Curtailed Product”) as
calculated pursuant to Section 3.6.5.
1.12.5. No later than fifteen (15) days after the end of a calendar month in which Buyer issued a
Curtailment Order, Seller shall prepare and provide to Buyer a calculation of the amount of
Product the Facility would have been able to deliver under Sections 3.6.4 for the applicable
month. Seller shall apply accepted industry standards in making such calculation and take
into consideration past performance of the Facility, and other relevant information,
including but not limited to, Facility availability, weather, water flow, and solar irradiance
data for the period of time during the Buyer issued Curtailment Order. Upon Buyer’s
request, Seller shall promptly provide to Buyer any additional and supporting
documentation necessary for Buyer to audit and verify Seller’s calculation.
1.13. Billing.
1.13.1. The amount of Delivered Energy shall be determined by the meter specified in Section 6.2.1
or Check Meter, as applicable. Buyer has no obligation to purchase from Seller any Energy
that is not or cannot be delivered to the Delivery Point, regardless of circumstance. Buyer
will not be obligated to pay Seller for any Product that Seller delivers in violation of Section
3.6.3, including any Product Seller delivers in excess of the amount specified in any
Curtailment Order.
1.13.2. For the purpose of calculating monthly payments under this Agreement, the amount
recorded by the meter specified in Section 6.2.1 or Check Meter, as applicable, will be
multiplied by the Contract Price noted in Section 3.6.1, as possibly adjusted under Section
3.6.2, less any Energy produced by the Facility for which Buyer is not obligated to pay
Seller as set forth in Section 3.7.1.
1.13.3. On or before the last Business Day of the month immediately following each calendar
month, Seller shall determine the amount of Delivered Energy received by Buyer pursuant
to this Agreement for each monthly period and issue an invoice showing the calculation of
the payment. Seller shall also provide to Buyer: (a) records of metered data sufficient to
document and verify the generation of Delivered Energy by the Facility during the
preceding month; (b) access to any records; and (c) an invoice, in the format specified by
Buyer.
1.13.4. In the event an invoice or portion thereof or any other claim or adjustment arising
hereunder, is disputed, payment of the undisputed portion of the invoice shall be required to
be made when due, with Notice of the objection given to the other Party. Any invoice
dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or
adjustment. Payment of the disputed amount shall not be required until the dispute is
resolved. In the event adjustments to payments are required as a result of inaccurate
meter(s), Buyer in its reasonable discretion shall determine the correct amount of Delivered
Energy received under this Agreement during any period of inaccuracy and recompute the
amount due from Buyer to Seller for the Delivered Energy delivered during the period of
inaccuracy. The Parties agree to use good faith efforts to resolve the dispute or identify the
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adjustment as soon as possible. Upon resolution of the dispute or calculation of the
adjustment, any required payment shall be made within thirty (30) days of such resolution.
1.13.5. All interest paid or payable under this Agreement shall be computed as simple interest using
the Interest Rate and, unless specified otherwise in this Agreement, shall be paid
concurrently with the payment or refund of the underlying amount on which such interest is
payable.
1.14. Title and Risk of Loss. Title to and risk of loss related to the Energy from the Facility shall
transfer from Seller to Buyer at the Delivery Point. Seller warrants that it will deliver to Buyer
the Product from the Facility free and clear of all liens, security interests, claims, and
encumbrances or any interest therein or thereto by any person.
1.15. Collateral Requirement. On or before the Commercial Operation Date, Seller shall post and
thereafter maintain a collateral requirement equal to sixty dollars ($60.00) for each kilowatt of
Contract Capacity (the “Collateral Requirement”). The Collateral Requirement will be held by
Buyer and must be in the form of either cash deposit or Letter of Credit. The Collateral
Requirement shall be posted to Buyer and maintained at all times during the Delivery Term.
Buyer shall be entitled to draw upon the Collateral Requirement for any damages arising upon
Buyer’s declaration of an Early Termination Date as set forth in Section 12.3. In the event that
Buyer draws on the Collateral Requirement, Seller shall promptly replenish such Collateral
Requirement to the amount specified in this Section 3.9. Buyer shall return the unused portion
of the Collateral Requirement to Seller promptly at the end of the Delivery Term, once all
payment obligations of the Seller under this Agreement have been satisfied. Buyer shall pay
simple interest on cash held to satisfy the Collateral Requirements at the rate and in the manner
set forth in Section 3.7.5.
ARTICLE FOUR. GREEN ATTRIBUTES; RESOURCE ADEQUACY BENEFITS; ERR
REQUIREMENTS
1.16. Green Attributes. Seller hereby provides and conveys all green attributes associated with all
electricity generation from the project to buyer as part of the product being delivered. seller
represents and warrants that seller holds the rights to all green attributes from the project, and
seller agrees to convey and hereby conveys all such green attributes to buyer as included in the
delivery of the product from the project.
1.17. Conveyance of Product. Throughout the Delivery Term, Seller shall provide and convey the
Product to Buyer in accordance with the terms of this Agreement, and Buyer shall have the
exclusive right to the Product. Seller shall, at its own cost, take all actions and execute all
documents or instruments that are reasonable and necessary to effectuate the use of the Green
Attributes, Resource Adequacy Benefits, if any, and Capacity Attributes, if any, for Buyer’s
benefit throughout the Delivery Term.
1.18. WREGIS. Seller shall cause and allow Buyer, or Buyer’s agent, to be the “Qualified Reporting
Entity” and “Account Holder” (as such terms are defined by WREGIS) for the Facility within
thirty (30) days after the Commercial Operation Date. In the event that Buyer is not the
Qualified Reporting Entity, Seller shall, at its sole expense, take all actions necessary and
provide any documentation requested by Buyer in support of WREGIS account administration
and compliance with the California Renewables Portfolio Standard. Seller, at its sole expense,
shall take all necessary steps and submit/file all necessary documentation to ensure that the
Facility remains an Eligible Renewable Energy Resource throughout the Delivery Term as
outlined in Section 4.5 and that all WREGIS Certificates associated with the Product accrue to
Buyer and will satisfy the requirements of the California Renewables Portfolio Standard.
1.19. Resource Adequacy Benefits.
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1.19.1. During the Delivery Term, Seller grants, pledges, assigns and otherwise commits to Buyer
all of the Contract Capacity, including Capacity Attributes, if any, from the Project to enable
Buyer to meet its Resource Adequacy or successor program requirements, as the CAISO or
other regional entity may prescribe (“Resource Adequacy Requirements”).
1.19.2. Seller shall cooperate in good faith with and comply with reasonable requests of Buyer to
enable Buyer to maximize anyResource Adequacy Benefits attributable to the Facility or
any credits that reduce the Resource Adequacy Requirements of the Buyer.
1.20. Eligible Renewable Energy Resource. Seller shall take all actions necessary to achieve and
maintain status as an Eligible Renewable Energy Resource (“ERR”) throughout the Delivery
Term. Within thirty (30) days after the Commercial Operation Date, Seller shall file an
application or other appropriate request with the CEC for CEC Certification for the Facility.
Seller shall expeditiously seek CEC Certification, including promptly responding to any
requests for information from the requesting authority.
ARTICLE FIVE. REPRESENTATION AND WARRANTIES; COVENANTS
1.21. Representations and Warranties. On the Execution Date, each Party represents and warrants to
the other Party that:
1.21.1. it is duly organized, validly existing and in good standing under the Laws of the jurisdiction
of its formation;
1.21.2. the execution, delivery and performance of this Agreement are within its powers, have been
duly authorized by all necessary action and do not violate any of the terms and conditions in
its governing documents, any contracts to which it is a party or any Laws;
1.21.3. this Agreement and each other document executed and delivered in accordance with this
Agreement constitutes a legally valid and binding obligation enforceable against it in
accordance with its terms;
1.21.4. it is not Bankrupt and there are no proceedings pending or being contemplated by it or, to its
knowledge, threatened against it which would result in it being or becoming Bankrupt; and
1.21.5. there is not pending or, to its knowledge, threatened against it or any of its Affiliates any
legal proceedings that could materially adversely affect its ability to perform its obligations
under this Agreement.
1.22. General Covenants. Each Party covenants that throughout the Term of this Agreement:
1.22.1. it shall continue to be duly organized, validly existing and in good standing under the Laws
of the jurisdiction of its formation;
1.22.2. it shall maintain (or obtain from time to time as required, including through renewal, as
applicable) all regulatory authorizations necessary for it to legally perform its obligations
under this Agreement; and
1.22.3. it shall perform its obligations under this Agreement in a manner that does not violate any of
the terms and conditions in its governing documents, any contracts to which it is a party, or
any Law.
1.23. Seller’s Representations, Warranties and Covenants. In addition to the representations,
warranties and covenants specified in Sections 5.1 and 5.2, Seller makes the following
additional representations, warranties and covenants to Buyer, as of the Execution Date:
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1.23.1. Seller has met all applicable legal and regulatory requirements to sell wholesale electricity
in California;
1.23.2. Seller, and, if applicable, its successors, represents and warrants that throughout the
Delivery Term of this Agreement that: (i) the Project qualifies and is certified by the CEC
as an ERR as such term is defined in Public Utilities Code Section 399.12 or Section
399.16; and (ii) the Project’s output delivered to Buyer qualifies under the requirements of
the California Renewables Portfolio Standard. To the extent a change in law occurs after
execution of this Agreement that causes this representation and warranty to be materially
false or misleading, it shall not be an Event of Default if Seller has used commercially
reasonable efforts to comply with such change in law;
1.23.3. Seller and, if applicable, its successors, represents and warrants that throughout the Delivery
Term of this Agreement the Renewable Energy Credits transferred to Buyer conform to the
definition and attributes required for compliance with the California Renewables Portfolio
Standard, as set forth in the California Energy Commission’s Enforcement Procedures for
the Renewables Portfolio Standard for Local Publicly Owned Electric Utilities adopted on
December 22, 2020, and as may be modified by subsequent decision of the California
Energy Commission or by subsequent legislation. To the extent a change in law occurs
after execution of this Agreement that causes this representation and warranty to be
materially false or misleading, it shall not be an Event of Default if Seller has used
commercially reasonable efforts to comply with such change in law;
1.23.4. Throughout the Delivery Term, Seller shall: (a) own and operate the Facility; (b) deliver the
Product to Buyer free and clear of all liens, security interests, claims, and encumbrances or
any interest therein or thereto by any individual or entity; and (c) hold the rights to all of the
Product;
1.23.5. Seller is acting for its own account, has made its own independent decision to enter into this
Agreement and as to whether this Agreement is appropriate or proper for it based upon its
own judgment, is not relying upon the advice or recommendations of the Buyer in so doing,
and is capable of assessing the merits of, and understands and accepts, the terms, conditions
and risks of this Agreement;
1.23.6. Throughout the Delivery Term: (a) Seller shall not convey, transfer, allocate, designate,
award, report or otherwise provide any or all of the Product, or any portion thereof, or any
benefits derived therefrom, to any party other than Buyer; and (b) Seller shall not start-up or
operate the Facility per instruction of or for the benefit of any third party, except as required
by other Laws;
1.23.7. The construction of the Facility shall comply with all Laws, including applicable state and
local laws, building standards, and interconnection requirements;
1.23.8. No other person or entity, including any other generating facility, has any rights in
connection with Seller’s Interconnection Agreement or Seller’s Interconnection Facilities
and no other persons or entities shall have any such rights during the Term;
1.23.9. During the Delivery Term, Seller shall not allow any other person or entity, including any
other generating facility, to use Seller’s Interconnection Facilities; and
1.23.10. All representations made by Seller in its Industrial Zoning District Renewable PPA
Application are true and correct.
1.23.11. Pursuant to the requirements of Section 17.76.020 of Chapter 17.76 of (Alternative
Energy Systems and Facilities) of Article IV (Site Development Provisions) of Title 17
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(Development Code) of the Rancho Cucamonga Municipal Code, the Contract Capacity,
during the applicable phase, is sufficient to meet the annualized customer load.
ARTICLE SIX. GENERAL CONDITIONS
1.24. Interconnection Requirements. During the Delivery Term, Seller shall comply with all
contractual, metering, and applicable interconnection requirements, including those set forth in
the RCMU Electric Service Rule 22,, Transmission/Distribution Owner’s applicable tariffs, the
CAISO Tariff and implementing CAISO standards and requirements, and all Laws so as to be
able to deliver Energy to the Delivery Point. Seller shall provide and maintain during the
Delivery Term, at its cost, all data processing gateways or remote intelligence gateways,
telemetering equipment and data acquisition services, and associated measuring and recording
equipment necessary to meet all applicable WREGIS and RCMU requirements applicable to
the Facility during the Delivery Term.
1.25. Metering Requirements.
1.25.1. All Energy from the Project must be delivered through a single revenue quality meter and
that meter must be dedicated exclusively to the Project. All Delivered Energy purchased
under this Agreement must be measured by the Project’s revenue quality meter(s) to be
eligible for payment under this Agreement. Seller shall bear all costs relating to all
metering equipment installed to accommodate the Project.
1.25.2. Buyer may, at its sole cost, furnish and install one Check Meter at the interconnection
associated with the Facility at a location provided by Seller that is compliant with Buyer’s
electric service requirements. The Check Meter may be interconnected with Buyer’s
communication network, or the communication network of Buyer’s Agent, to permit
periodic, remote collection of revenue quality meter data. In the event that Buyer elects to
install a Check Meter, Buyer may compare the Check Meter data to the Facility’s revenue
meter data. If the deviation between the Facility’s revenue meter data and the Check Meter
data for any comparison is greater than 0.3%, Buyer may provide Notice to Seller of such
deviation and the Parties shall mutually arrange for a meter check or recertification of the
Check Meter or the Facility’s revenue meter, as applicable. Each Party shall bear its own
costs for any meter check or recertification. Testing procedures and standards for the Check
Meter shall be the same as for a comparable Buyer-owned meter. Parties shall have the
right to have representatives present during all such tests. The Check Meter, if Buyer elects
to install a Check Meter, is intended to be used for back-up purposes in the event of a failure
or other malfunction of the Facility’s revenue meter, and Check Meter data shall only be
used to validate the Facility’s revenue meter data and, in the event of a failure or other
malfunction of the Facility’s revenue meter, in place of the Facility’s revenue meter until
such time that the Facility’s revenue meter is recertified.
1.26. Meter Data. Seller hereby agrees to provide all meter data to Buyer in a form acceptable to
Buyer, including any inspection, testing and calibration data and reports. Seller shall grant
Buyer and Buyer’s agent the right to retrieve the meter readings from Seller or Seller’s meter
reading agent.
1.27. Standard of Care. Seller shall: (a) maintain and operate the Facility and Interconnection
Facilities in conformance with RCMU Rule 22, all Laws, and Prudent Electrical Practices; (b)
obtain any governmental authorizations and permits required for the construction and
operation of the Facility and Interconnection Facilities; and (c) generate, schedule and perform
transmission services in compliance with all applicable RCMU rulesand Prudent Electrical
Practices. Seller shall reimburse Buyer for any and all losses, damages, claims, penalties, or
liability Buyer incurs as a result of Seller’s failure to obtain or maintain any governmental
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authorizations and permits required for construction and operation of the Facility throughout
the Term of this Agreement.
1.28. Access Rights.
1.28.1. Operations Logs. Seller shall maintain a complete and accurate log of all material
operations and maintenance information on a daily basis. Such log shall include, but not be
limited to, information on power production, fuel consumption (if applicable), efficiency,
availability, maintenance performed, outages, results of inspections, manufacturer
recommended services, replacements, electrical characteristics of the generators, control
settings or adjustments of equipment and protective devices. Seller shall provide this
information electronically to Buyer within twenty (20) days of Buyer’s request.
1.28.2. Access Rights. Buyer, its authorized agents, employees and inspectors may, on reasonable
advance notice under the circumstances, visit the Project during normal business hours for
purposes reasonably connected with this Agreement. Buyer, its authorized agents,
employees and inspectors must (a) at all times adhere to all safety and security procedures
as may be required by Seller; and (b) not interfere with the operation of the Project. Buyer
shall make reasonable efforts to coordinate its emergency activities with the safety and
security departments, if any, of the Project operator. Seller shall keep Buyer advised of
current procedures for contacting the Project operator’s safety and security departments, if
any exist.
1.29. Protection of Property. Seller shall be solely responsible for protecting its own facilities from
possible damage resulting from electrical disturbances or faults caused by the operation, faulty
operation, or non-operation of the Transmission/Distribution Owner's facilities. Buyer shall
not be liable for any such damages so caused.
1.30. Forecasting. Seller shall comply with the forecasting in Appendix C.
1.31. Greenhouse Gas Emissions. Seller acknowledges that a Governmental Authority may require
Buyer to take certain actions with respect to greenhouse gas emissions attributable to the
generation of Energy, including, but not limited to, reporting, registering, tracking, allocating
for or accounting for such emissions. Promptly following Buyer’s written request, Seller
agrees to take all commercially reasonable actions and execute or provide any and all
documents, information, or instruments with respect to generation by the Facility reasonably
necessary to permit Buyer to comply with such requirements, if any.
1.32. Reporting and Record Retention.
1.32.1. Seller shall use commercially reasonable efforts to meet the Milestone Schedule set forth in
Appendix E and avoid or minimize any delays in meeting such schedule. Seller shall
provide Project development status reports in a format and a frequency, which shall not
exceed one (1) report per month, specified by the Buyer. The report shall describe Seller’s
progress relative to the development, construction, and startup of the Facility, as well as a
Notice of any anticipated change to the Commercial Operation Date and whether Seller is
on schedule to meet the Commercial Operation Date.
1.32.2. Seller shall within ten (10) Business Days of receipt thereof provide to Buyer copies of any
Interconnection Agreement and all other material reports, studies and analyses furnished by
any Transmission/Distribution Owner, and any correspondence with the
Transmission/Distribution Owner related thereto, concerning the interconnection of the
Facility to the Transmission/Distribution Owner’s electric system or the transmission of
Energy on the Transmission/Distribution Owners’ electric system.
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1.32.3. Seller shall provide to Buyer on the Commercial Operation Date, and within thirty (30) days
after the completion of each Contract Year thereafter during the Delivery Term, a copy of
any inspection and maintenance report regarding the Facility that was also provided to the
Transmission/Distribution Owner during the previous Contract Year.
1.33. Tax Withholding Documentation. Upon Buyer’s request, Seller shall promptly provide to
Buyer Internal Revenue Service tax Form W-9 and California tax Form 590 (or their
equivalent), completed with Seller’s information, and any other documentation necessary for
Buyer to comply with its tax reporting or withholding obligations with respect to Seller.
1.34. Modifications to Facility. During the Delivery Term, Seller shall not repower or materially
modify or alter the Facility without the written consent of Buyer. Material modifications or
alterations include, but are not limited to, (a) movement of the Site, (b) changes that may
increase or decrease the expected output of the Facility other than as allowed under Section
3.2, (c) changes that may affect the generation profile of the Facility, (d) changes that may
affect the ability to accurately measure the output of Product from the Facility and (e) changes
that conflict with elections, information, or requirements specified elsewhere in this
Agreement. Material modifications or alterations do not include maintenance and repairs
performed in accordance with Prudent Electrical Practices. Seller shall provide to Buyer
Notice not less than ninety (90) days before any proposed repowering, modification, or
alteration occurs describing the repowering, modification, or alteration to Buyer’s reasonable
satisfaction.
1.35. No Additional Incentives. Seller agrees that during the Term of this Agreement it shall not
seek additional compensation or other benefits pursuant to the Self-Generation Incentive
Program, as defined in CPUC Decision 01-03-073, the California Solar Initiative, as defined in
CPUC Decision 06-01-024, Buyer’s net energy metering tariff, or other similar California
ratepayer subsidized program relating to energy production with respect to the Facility.
1.36. Site Control. Seller shall have Site Control as of the earlier of: (a) the Commercial Operation
Date; or (b) any date before the Commercial Operation Date to the extent necessary for the
Seller to perform its obligations under this Agreement and, in each case, Seller shall maintain
Site Control throughout the Delivery Term. Seller shall promptly provide Buyer with Notice if
there is any change in the status of Seller’s Site Control.
ARTICLE SEVEN. INDEMNITY
1.37. Seller shall indemnify, defend, and hold harmless Buyer and its directors, officers, officials,
and employees against and from any and all loss, liability, damage, expense, and costs
(including without limitation costs and fees of litigation and reasonable attorneys’ fees) of
every nature resulting from or arising out of Seller’s performance of its obligations under this
Agreement, or its failure to comply with any of its obligations contained in this Agreement,
except such loss or damage which was caused by the sole negligence or willful misconduct of
Buyer.
1.38. Buyer shall not be responsible for any cost of decommissioning or demolition of the Facility or
any environmental or other liability associated with the decommissioning or demolition of the
Facility without regard to the timing or cause of the decommissioning or demolition. Seller
agrees to indemnify, defend, and hold harmless, Buyer for any costs incurred by Buyer if and
to the extent that Seller’s actions or inactions causes any or all of them to become required,
whether statutorily or otherwise, to bear the cost of any decommissioning or demolition of the
Facility or any environmental or other liability associated therewith, including, but not limited
to, any investigations, actions, suits, claims, demands, losses, liabilities, penalties, and
expenses (including reasonable attorneys’ fees) associated with clean-up costs and defense
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costs. The indemnity requirements set forth in this Section shall survive the termination of this
Agreement.
ARTICLE EIGHT. LIMITATION OF DAMAGES
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT THERE IS NO WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL
IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE LIMITED TO DIRECT
ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND
EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY
ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE
FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST
PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR
CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. UNLESS EXPRESSLY
HEREIN PROVIDED, AND SUBJECT TO THE PROVISIONS OF SECTION 7 (INDEMNITY), IT IS
THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND
THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED
THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE
SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE.
ARTICLE NINE. INSURANCE
1.39. Insurance Coverage. Seller shall, at its own expense, starting on the Execution Date and until
the end of the Term, and for such additional periods as may be specified below, provide and
maintain in effect the following insurance policies and minimum limits of coverage as
specified below, and such additional coverage as may be required by Law, with insurance
companies authorized to do business in the state in which the services are to be performed,
with an A.M. Best’s Insurance Rating of not less than A-:VII.
1.39.1. Commercial General Liability Insurance. Commercial general liability insurance, written on
an occurrence, not claims-made basis, covering all operations by or on behalf of Seller
arising out of or connected with this Agreement, including coverage for bodily injury, broad
form property damage, personal and advertising injury, products/completed operations,
contractual liability, premises-operations, owners and contractors protective, hazard,
explosion, collapse and underground. Such insurance must bear a combined single limit per
occurrence and annual aggregate of not less than five million dollars ($5,000,000.00),
exclusive of defense costs, for all coverages. Such insurance must contain standard cross-
liability and severability of interest provisions. The Seller shall name the Buyer, its officers,
officials, employees, and volunteers as additional insureds on the completed operations
policy. The completed operations policy shall be as broad as one of the following ISO forms
CG 20 37, 2039, or CG 20 40. Completed operations coverage must be maintained for a
period of not less than four (4) years after this Agreement terminates. If Seller elects, with
Buyer’s written concurrence, to use a “claims made” form of commercial general liability
insurance, then the following additional requirements apply: (a) the retroactive date of the
policy must be prior to the Execution Date; and (b) either the coverage must be maintained
for a period of not less than four (4) years after this Agreement terminates, or the policy
must provide for a supplemental extended reporting period of not less than four (4) years
after this Agreement terminates. Governmental agencies which have an established record
of self-insurance may provide the required coverage through self-insurance.
1.39.2. Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits,
as required by the state having jurisdiction over Seller’s employees, and employer’s liability
insurance with limits of not less than: (a) bodily injury by accident - one million dollars
($1,000,000.00) each accident; (b) bodily injury by disease - one million dollars
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($1,000,000.00) policy limit; and (c) bodily injury by disease - one million dollars
($1,000,000.00) each employee.
1.39.3. Commercial Automobile Liability Insurance. Commercial automobile liability insurance
covering bodily injury and property damage with a combined single limit of not less than
one million dollars ($1,000,000.00) per occurrence. Such insurance must cover liability
arising out of Seller’s use of all owned, non-owned and hired automobiles in the
performance of the Agreement.
1.39.4. Umbrella/excess liability Insurance. Umbrella/excess liability insurance, written on an
occurrence, not claims-made basis, providing coverage excess of the underlying employer’s
liability, commercial general liability, and commercial automobile liability insurance, on
terms at least as broad as the underlying coverage, with limits of not less than four million
dollars ($4,000,000.00) per occurrence and in the annual aggregate.
1.39.5. Pollution Liability Insurance. If the scope of work involves areas of known pollutants or
contaminants, pollution liability coverage will be required to cover bodily injury, property
damage, including clean-up costs and defense costs resulting from sudden, and accidental
conditions, including the discharge, dispersal, release or escape of smoke, vapors, soot,
fumes, acids, alkalis, toxic chemicals, hydrocarbons, liquids or gases, waste materials or
other irritants, contaminants or pollutants into or upon land, the atmosphere or any water
course or body of water shall be maintained. The limit will not be less than one million
dollars ($1,000,000.00) per occurrence or claim, and $2,000,000 policy aggregate for bodily
injury and property damage. The policy will endorse RCMU as additional insured. If the
contractor maintains broader coverage and/or higher limits than the minimums shown above
for all policies, the City requires and shall be entitled to the broader coverage and/or higher
limits maintained by the contractor. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to the City.
1.40. Additional Insurance Provisions.
1.40.1. On or before the later of (a) sixty (60) days after the Execution Date and (b) the date
immediately preceding commencement of construction of the Facility, and again within a
reasonable time after coverage is renewed or replaced, Seller shall furnish to Buyer
certificates of insurance evidencing the coverage required above, written on forms and with
deductibles reasonably acceptable to Buyer. Notwithstanding the foregoing sentence, Seller
shall in no event furnish Buyer certificates of insurance evidencing required coverage later
than the Commercial Operation Date. All deductibles, co-insurance and self-insured
retentions applicable to the insurance above must be paid by Seller. All certificates of
insurance must note that the insurers issuing coverage must endeavor to provide Buyer with
at least thirty (30) days’ prior written notice in the event of cancellation of coverage.
Buyer’s receipt of certificates that do not comply with the requirements stated in this
Section 9.2.1, or Seller’s failure to provide such certificates, do not limit or relieve Seller of
the duties and responsibility of maintaining insurance in compliance with the requirements
in this Section 9 and do not constitute a waiver of any of the requirements of Section 9.
1.40.2. Insurance coverage described above in Section 9.1 shall provide for thirty (30) days written
Notice to Buyer prior to cancellation, termination, alteration, or material change of such
insurance.
1.40.3. Evidence of coverage described above in Section 9.1 shall state that coverage provided is
primary and is not excess to or contributing with any insurance or self-insurance maintained
by Buyer.
1.40.4. Buyer shall have the right to inspect or obtain a copy of the original policy(ies) of insurance.
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1.40.5. All insurance certificates, endorsements, cancellations, terminations, alterations, and
material changes of such insurance must be issued, clearly labeled with this Agreement’s
identification number and submitted in accordance with Section 10 and Appendix F.
1.40.6. The insurance requirements set forth in Section 9.1 shall apply as primary insurance to,
without a right of contribution from, any other insurance maintained by or afforded to
Buyer, its subsidiaries and Affiliates, and their respective officers, directors, shareholders,
agents, and employees, regardless of any conflicting provision in Seller's policies to the
contrary. To the extent permitted by Law, Seller and its insurers shall be required to waive
all rights of recovery from or subrogation against Buyer, its subsidiaries and Affiliates, and
their respective officers, directors, shareholders, agents, employees and insurers. The
commercial general liability insurance required in Section 9.1.1 and the umbrella/excess
liability insurance required in Section 9.1.4 must name Buyer, its subsidiaries and Affiliates,
and their respective officers, directors, shareholders, agents and employees, as additional
insureds for liability arising out of Seller’s construction, use or ownership of the Facility.
The Worker’s Compensation policy shall be endorsed with a waiver of subrogation in favor
of the Buyer for all work performed by the Seller, its employees, agents and subcontractors.
1.40.7. Seller shall remain liable for all acts, omissions or default of any subcontractor or
subsupplier and shall indemnify, defend and hold harmless Buyer for any and all loss or
damages, as well as all costs, charges and expenses which Buyer may suffer, incur, or bear
as a result of any acts, omissions or default by or on behalf of any subcontractor or
subsupplier.
1.40.8. If Seller fails to comply with any of the provisions of this Section 9, Seller, among other
things and without restricting Buyer’s remedies under Law or otherwise, shall, at its own
cost, act as an insurer and provide insurance in accordance with the terms and conditions of
this Section 9. With respect to the required commercial general liability insurance set forth
in Section 9.1.1, umbrella/excess liability insurance set forth in Section 9.1.4, commercial
automobile liability insurance set forth in Section 9.1.3, and pollution liability insurance set
forth in Section 9.1.5 Seller shall provide a current, full and complete defense to Buyer, its
subsidiaries and Affiliates, and their respective officers, directors, shareholders, agents,
employees, assigns, and successors in interest, in response to a third party claim in the same
manner that an insurer with an A.M. Best’s Insurance Rating of A-:VII would have, had the
insurance been maintained in accordance with the terms and conditions set forth in this
Section 9 and given the required additional insured wording in the commercial general
liability insurance and umbrella/excess liability insurance, and standard “Who is an Insured”
provision in commercial automobile liability form.
ARTICLE TEN. NOTICES
Notices (other than forecasts and scheduling requests) shall, unless otherwise specified herein, be in writing
and may be delivered by hand delivery, United States mail, overnight courier service, facsimile, or
electronic messaging (e-mail). A notice sent by facsimile transmission or e-mail will be recognized and
shall be deemed received on the Business Day on which such notice was transmitted if received before 5
p.m. Pacific prevailing time (and if received after 5 p.m., on the next Business Day) and a notice by
overnight mail or courier shall be deemed to have been received on the next Business Day after such Notice
is sent or such earlier time as is confirmed by the receiving Party unless it confirms a prior oral
communication, in which case any such notice shall be deemed received on the day sent. A Party may
change its addresses by providing notice of same in accordance with this provision. All Notices, requests,
invoices, statements or payments for this Facility must reference this Agreements identification number.
Notices shall be provided as indicated in Appendix F.
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ARTICLE ELEVEN. FORCE MAJEURE
1.41. No Default for Force Majeure. Neither Party shall be in default in the performance of any of
its obligations set forth in this Agreement when and to the extent failure of performance is
caused by Force Majeure.
1.42. Requirements Applicable to Claiming Party. If a Party, because of Force Majeure, is rendered
wholly or partly unable to perform its obligations when due under this Agreement, such Party
(the “Claiming Party”) shall be excused from whatever performance is affected by the Force
Majeure to the extent so affected. In order to be excused from its performance obligations
under this Agreement by reason of Force Majeure:
1.42.1. The Claiming Party, on or before the fourteenth (14th) day after the initial occurrence of the
claimed Force Majeure, must give the other Party Notice describing the particulars of the
occurrence; and
1.42.2. The Claiming Party must provide timely evidence reasonably sufficient to establish that the
occurrence constitutes Force Majeure as defined in this Agreement.
1.43. Limitations. The suspension of the Claiming Party’s performance due to Force Majeure may
not be greater in scope or longer in duration than is required by such Force Majeure. In
addition, the Claiming Party shall use diligent efforts to remedy its inability to perform. When
the Claiming Party is able to resume performance of its obligations under this Agreement, the
Claiming Party shall give the other Party prompt Notice to that effect.
1.44. Termination. Either Party may terminate this Agreement on at least five (5) Business Days’
prior Notice, in the event of Force Majeure which materially interferes with such Party’s
ability to perform its obligations under this Agreement and which (a) extends for more than
365 consecutive days, (b) extends for more than a total of 365 days in any consecutive 540-day
period, or (c) is consistent with Section 2.6.2.3.
ARTICLE TWELVE. EVENTS OF DEFAULT AND TERMINATION
1.45. Termination. Unless terminated earlier pursuant to Section 11.4 or this Section 12, this
Agreement automatically terminates immediately following the last day of the Delivery Term.
1.46. Events of Default. An “Event of Default” means, with respect to a Party, the occurrence of
any of the following:
1.46.1. With respect to either Party:
1.46.1.1. A Party becomes Bankrupt;
1.46.1.2. Except for an obligation to make payment when due, if there is a failure of a
Party to perform any material covenant or obligation set forth in this Agreement
(except to the extent such failure provides a separate termination right for the non-
breaching Party or to the extent excused by Force Majeure), if such failure is not
remedied within thirty (30) days after Notice thereof from the non-breaching Party
to the breaching Party;
1.46.1.3. A Party fails to make any payment due and owing under this Agreement, if such
failure is not cured within ten (10) Business Days after Notice from the non-
breaching Party to the breaching Party; or
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1.46.1.4. Any representation or warranty made by a Party (a) is false or misleading in any
material respect when made or (b) becomes false or misleading in any material
respect during the Term.
1.46.2. With respect to Seller:
1.46.2.1. Seller fails to take all corrective actions specified in any Buyer Notice, within
the time frame set forth in such Notice, that the Facility is out of compliance with
any term of this Agreement; provided that if such corrective action falls under a
specific termination right under Section 12.2.2, then the time frame, if any, set forth
for such right shall apply;
1.46.2.2. The Facility has not achieved Commercial Operation by the expected
Commercial Operation Date specified in Section 2.6.1 and Seller has not elected to
pay daily delay damages pursuant to Section 2.6.4;
1.46.2.3. Subject to Section 11, Seller delivers less than eighty percent (80%) of the
applicable Contract Quantity from the Facility to Buyer for a period of two (2)
consecutive Contract Years;
1.46.2.4. Seller fails to maintain its status as an ERR as set forth in Section 4.5 of the
Agreement;
1.46.2.5. Seller abandons the Facility;
1.46.2.6. Seller installs generating equipment at the Facility that exceeds the Contract
Capacity and such excess generating capacity is not removed within five (5)
Business Days after Notice from Buyer;
1.46.2.7. Seller delivers or attempts to deliver to the Delivery Point for sale under this
Agreement product that was not generated by the Facility;
1.46.2.8. Seller fails to install any of the equipment or devices necessary for the Facility
to satisfy the Contract Capacity set forth in Section 3.1;
1.46.2.9. An unauthorized assignment of the Agreement, as set forth in Section 15;
1.46.2.10. Seller fails to reimburse Buyer any amounts due under this Agreement;
1.46.2.11. Seller breaches the requirements in Section 6.12 regarding incentives; or
1.46.2.12. Seller fails to maintain the Collateral Requirement set forth in Section 3.9.
1.46.2.13. The annualized customer load associated with the Facility pursuant to Section
17.76.020 of Chapter 17.76 of (Alternative Energy Systems and Facilities) of
Article IV (Site Development Provisions) of Title 17 (Development Code) of the
Rancho Cucamonga Municipal Code is less than fifty percent (50%) of the Contract
Quantity, as measured over a Contract Year.
1.47. Declaration of an Event of Default. If an Event of Default has occurred, the non-defaulting
Party shall have the right to: (a) send Notice, designating a day, no earlier than five (5) days
after such Notice and no later than twenty (20) days after such Notice, as an early termination
date of this Agreement (“Early Termination Date”); (b) accelerate all amounts owing between
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the Parties; (c) terminate this Agreement and end the Delivery Term effective as of the Early
Termination Date; (d) collect any Settlement Amount under Section 12.5; and (e) if the
defaulting party is the Seller and Buyer terminates the Agreement prior to the start of the
Commercial Operation Date, Buyer shall have the right to retain the entire Reservation
Deposit.
1.48. Suspension of Performance. If an Event of Default shall have occurred, the non-defaulting
Party has the right to immediately suspend performance under this Agreement and pursue all
remedies available at Law or in equity against the defaulting Party (including monetary
damages), except to the extent that such remedies are limited by the terms of this Agreement.
1.49. Calculation of Settlement Amount.
1.49.1. If either Party exercises a termination right under Section 12.3 after the Commercial
Operation Date, the non-defaulting Party shall calculate a settlement amount (“Settlement
Amount”) equal to the amount of the non-defaulting Party’s aggregate Losses and Costs less
any Gains, determined as of the Early Termination Date. Prior to the Commercial
Operation Date, the Settlement Amount shall be Zero dollars ($0).
1.49.2. If the non-defaulting Party’s aggregate Gains exceed its aggregate Losses and Costs, if any,
determined as of the Early Termination Date, the Settlement Amount shall be Zero dollars
($0).
1.49.3. The Buyer shall not have to enter into replacement transactions to establish a Settlement
Amount.
1.49.4. Buyer shall have the right to draw upon the Collateral Requirement to collect any
Settlement Amount owed to Buyer.
1.50. Rights and Remedies Are Cumulative. The rights and remedies of the Parties pursuant to this
Section 12 shall be cumulative and in addition to the rights of the Parties otherwise provided in
this Agreement.
1.51. Duty to Mitigate. Buyer and Seller shall each have a duty to mitigate damages pursuant to this
Agreement, and each shall use reasonable efforts to minimize any damages it may incur as a
result of the other Party’s non-performance of this Agreement, including with respect to
termination of this Agreement.
ARTICLE THIRTEEN. GOVERNMENTAL CHARGES
1.52. Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any
Governmental Authority (“Governmental Charges”) on or with respect to the Product or the
Transaction arising at the Delivery Point, including, but not limited to, ad valorem taxes and
other taxes attributable to the Project, land, land rights or interests in land for the Project.
Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product
or the Transaction from the Delivery Point. In the event Seller is required by Law or
regulation to remit or pay Governmental Charges which are Buyer’s responsibility hereunder,
Buyer shall reimburse Seller for such Governmental Charges within thirty (30) days of Notice
by Seller. If Buyer is required by Law or regulation to remit or pay Governmental Charges
which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to
Seller with respect to payments under the Agreement; if Buyer elects not to deduct such
amounts from Seller’s payments, Seller shall reimburse Buyer for such amounts within thirty
(30) days of Notice from Buyer. Nothing shall obligate or cause a Party to pay or be liable to
pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt
at any time and for any reason from one or more Governmental Charges bears the risk that
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such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a
Party’s exemption is lost or reduced, each Party’s responsibility with respect to such
Governmental Charge shall be in accordance with the first four sentences of this Section.
ARTICLE FOURTEEN. RELEASE OF INFORMATION AND RECORDING CONVERSATION
1.53. Release of Information. Seller authorizes Buyer to release to the FERC, CEC, CAISO, CPUC,
other Governmental Authority, and/or media outlet information regarding the Facility,
including the Seller’s name and location, and the size, location and operational characteristics
of the Facility, the Term, the ERR type, photographs of the project, the Commercial Operation
Date, greenhouse gas emissions data, and the net power rating of the Facility, as requested
from time to time pursuant to the CEC’s, CPUC’s or applicable Governmental Authority’s
rules and regulations.
1.54. Public Announcements. Seller shall make no public announcement regarding any aspect of
this Agreement or the role of Seller in regards to the development or operation of the Project
without the prior written consent of Buyer, which consent shall not be unreasonably withheld.
Any public announcement by Seller must comply with California Business and Professions
Code § 17580.5 and with the Guides for the Use of Environmental Marketing Claims,
published by the Federal Trade Commission, as it may be updated from time to time.
ARTICLE FIFTEEN. ASSIGNMENT
1.55. General Assignment. Except as provided in Sections 15.2 and 15.3, Seller may not assign this
Agreement or its rights hereunder without the prior written consent of the Buyer, which
consent shall not be unreasonably withheld or delayed so long as among other things (a) the
assignee assumes the Seller’s payment and performance obligations under this Agreement, (b)
the assignee agrees in writing to be bound by the terms and conditions hereof, (c) Seller
delivers evidence satisfactory to Buyer of the proposed assignee’s technical and financial
capability to meet or exceed Seller’s obligations hereunder and (d) the Seller delivers such tax
and enforceability assurance as Buyer may reasonably request.
1.56. Assignment to Financing Providers. Seller may assign this Agreement as collateral for any
financing or refinancing of the Project (including any tax equity or lease financing) with the
prior written consent of the Buyer, which consent shall not be unreasonably withheld or
delayed. The Parties agree that, the consent provided to Buyer in accordance with this Section
15.2 shall be in a form substantially similar to the Form of Financing Consent attached hereto
as Appendix H; provided that (a) Buyer shall not be required to consent to any additional terms
or conditions beyond those contained in Appendix H, including extension of any cure periods
or additional remedies for financing providers, and (b) Seller shall be responsible at Buyer’s
request for Buyer’s reasonable costs and attorneys’ fees associated with the review,
negotiation, execution and delivery of documents in connection with such assignment.
1.57. Notice of Change in Control. Except in connection with public market transactions of the
equity interests or capital stock of Seller or Seller’s Affiliates, Seller shall provide Buyer
notice of any direct change of control of Seller (whether voluntary or by operation of Law).
ARTICLE SIXTEEN. GOVERNING LAW
This agreement and the rights and duties of the parties hereunder shall be governed by and construed, enforced, and
performed in accordance with the laws of the State of California, without regard to principles of conflicts of law. To
the extent enforceable at such time, each party waives its respective right to any jury trial with respect to any
litigation arising under or in connection with this agreement.
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ARTICLE SEVENTEEN. DISPUTE RESOLUTION
1.58. Intent of the Parties. The sole procedure to resolve any claim arising out of or relating to this
Agreement is the dispute resolution procedure set forth in this Section 17, except that either
Party may seek an injunction in Superior Court in San Bernardino County, California if such
action is necessary to prevent irreparable harm, in which case both Parties nonetheless will
continue to pursue resolution of all other aspects of the dispute by means of this procedure.
1.59. Management Negotiations.
1.59.1. The Parties will attempt in good faith to resolve any controversy or claim arising out of or
relating to this Agreement by prompt negotiations between each Party’s authorized
representative, or such other person designated in writing as a representative of the Party
(each a “Manager”). Either Manager may request a meeting, to be held in person or
telephonically, to initiate negotiations to be held within ten (10) Business Days of the other
Party’s receipt of such request, at a mutually agreed time and place.
1.59.2. All communication and writing exchanged between the Parties in connection with these
negotiations shall be deemed inadmissible as evidence such that it cannot be used or
referred to in any subsequent judicial or arbitration process between the Parties, whether
with respect to this dispute or any other.
1.59.3. If the matter is not resolved within forty-five (45) days of commencement of negotiations
under Section 17.2.1, or if the Party receiving the written request to meet refuses or does not
meet within the ten (10) Business Day period specified in Section 17.2.1, either Party may
initiate arbitration of the controversy or claim according to the terms of Section 17.3.
1.60. Arbitration Initiation. If the dispute cannot be resolved by negotiation as set forth in Section
17.2 above, then the Parties shall resolve such controversy through arbitration (“Arbitration”).
The Arbitration shall be adjudicated by one retired judge or justice from the JAMS panel. The
Arbitration shall take place in San Bernardino County, California, and shall be administered by
and in accordance with JAMS’ Commercial Arbitration Rules. If the Parties cannot mutually
agree on the arbitrator who will adjudicate the dispute, then JAMS shall provide the Parties
with an arbitrator pursuant to its then-applicable Commercial Arbitration Rules. The arbitrator
shall have no affiliation with, financial or other interest in, or prior employment with either
Party and shall be knowledgeable in the field of the dispute. Either Party may initiate
Arbitration by filing with the JAMS a notice of intent to arbitrate at any time following the
unsuccessful conclusion of the management negotiations provided for in Section 17.2.
ARTICLE EIGHTEEN. MISCELLANEOUS
1.61. Severability. If any provision in this Agreement is determined to be invalid, void or
unenforceable by any court having jurisdiction, such determination shall not invalidate, void,
or make unenforceable any other provision, agreement or covenant of this Agreement. Any
provision of this Agreement held invalid or unenforceable only in part or degree will remain in
full force and effect to the extent not held invalid or unenforceable.
1.62. Counterparts. This Agreement may be executed in one or more counterparts each of which
shall be deemed an original and all of which shall be deemed one and the same Agreement.
Delivery of an executed counterpart of this Agreement by facsimile or PDF transmission will
be deemed as effective as delivery of an originally executed counterpart. Each Party
delivering an executed counterpart of this Agreement by facsimile or PDF transmission shall
also deliver an originally executed counterpart, but the failure of any Party to deliver an
originally executed counterpart of this Agreement shall not affect the validity or effectiveness
of this Agreement.
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1.63. General. No amendment to or modification of this Agreement shall be enforceable unless
reduced to writing and executed by both Parties. This Agreement shall not impart any rights
enforceable by any third party other than a permitted successor or assignee bound to this
Agreement. Waiver by a Party of any default by the other Party shall not be construed as a
waiver of any other default. The term “including” when used in this Agreement shall be by
way of example only and shall not be considered in any way to be in limitation. The headings
used herein are for convenience and reference purposes only.
1.64. Interpretation. Whenever this Agreement specifically refers to any Law, tariff, Governmental
Authority, regional reliability council, Transmission/Distribution Owner, or credit rating
agency, the Parties hereby agree that the references also refers to any successor to such Law,
tariff or organization.
1.65. Construction. The Agreement will not be construed against any Party as a result of the
preparation, substitution, or other event of negotiation, drafting or execution thereof.
1.66. Forward Contract. The Parties acknowledge and agree that this Agreement constitutes a
“forward contract” within the meaning of the U.S. Bankruptcy Code, and Buyer and Seller are
“forward contract merchants” within the meaning of the U.S. Bankruptcy Code. Each Party
further agrees that, for all purposes of this Agreement, each Party waives and agrees not to
assert the applicability of the provisions of 11 U.S.C. § 366 in any Bankruptcy proceeding
wherein such Party is a debtor. In any such proceeding, each Party further waives the right to
assert that the other Party is a provider of last resort to the extent such term relates to 11 U.S.C.
§366 or another provision of 11 U.S.C. § 101-1532.
1.67. Change in Electric Market Design. If a change in the CAISO Tariff renders this Agreement or
any provisions hereof incapable of being performed or administered, then any Party may
request that Buyer and Seller enter into negotiations to make the minimum changes to this
Agreement necessary to make this Agreement capable of being performed and administered,
while attempting to preserve to the maximum extent possible the benefits, burdens, and
obligations set forth in this Agreement as of the Execution Date. Upon delivery of such a
request, Buyer and Seller shall engage in such negotiations in good faith. If Buyer and Seller
are unable, within sixty (60) days after delivery of such request, to agree upon changes to this
Agreement or to resolve issues relating to changes to this Agreement, then any Party may
submit issues pertaining to changes to this Agreement to the dispute resolution process set
forth in Article 17. Notwithstanding the foregoing, (i) a change in cost shall not in and of itself
be deemed to render this Agreement or any of the provisions hereof incapable of being
performed or administered, and (ii) all of the unaffected provisions of this Agreement shall
remain in full force and effect during any period of such negotiation or dispute resolution.
1.68. Further Assurances. Each of the Parties hereto agrees to provide such information, execute and
deliver any instruments and documents and to take such other actions as may be necessary or
reasonably requested by the other Party which are not inconsistent with the provisions of this
Agreement and which do not involve the assumptions of obligations other than those provided
for in this Agreement, to give full effect to this Agreement and to carry out the intent of this
Agreement.
IN WITNESS WHEREOF, each Party has caused this Agreement to be duly executed by its authorized
representative as of the date of last signature provided below.
CITY OF RANCHO CUCAMONGA
(Seller) (Buyer)
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(Signature) (Signature)
(Type/Print Name) (Type/Print Name)
(Title) (Title)
(Date) (Date)
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Appendix A – Definitions
“Affiliate” means, with respect to a Party, any entity that, directly or indirectly, through one or more
intermediaries, controls, or is controlled by, or is under common control with that Party.
“Arbitration" has the meaning set forth in Section 17.
“As-Available Facility” means a generating facility that is powered by one of the following sources, except
for a de minimis amount of Energy from other sources: (a) wind, (b) solar energy, (c) hydroelectric potential derived
from small conduit water distribution facilities that do not have storage capability, or (d) other variable sources of
energy that are contingent upon natural forces other than geothermal.
“Available Capacity” means the rated alternating current (AC) generating capacity of the Facility,
expressed in whole kilowatts, that is available to generate Product.
“Bankrupt” means with respect to any entity, such entity:
(a) Files a petition or otherwise commences, authorizes or acquiesces in the commencement of a
proceeding or cause of action under any bankruptcy, insolvency, reorganization or similar law, or has any such
petition filed or commenced against it;
(b) Makes an assignment or any general arrangement for the benefit of creditors;
(c) Otherwise becomes bankrupt or insolvent (however evidenced);
(d) Has a liquidator, administrator, receiver, trustee, conservator or similar official appointed with
respect to such entity or any substantial portion of its property or assets; or
(e) Is generally unable to pay its debts as they fall due.
“Baseload Facility” means a generating facility that does not qualify as an As-Available Facility.
“Business Day” means any day except a Saturday, Sunday, a Federal Reserve Bank holiday, or the Friday
following Thanksgiving during the hours of 8:00 a.m. and 5:00 p.m. local time for the relevant Party’s principal
place of business where the relevant Party in each instance shall be the Party from whom the notice, payment or
delivery is being sent.
“CAISO” means the California Independent System Operator Corporation or any successor entity
performing similar functions.
“CAISO Grid” means the system of transmission lines and associated facilities that have been placed under
the CAISO’s operational control.
“CAISO Tariff” means the CAISO FERC Electric Tariff, Fifth Replacement Volume No. 1, as amended
from time to time.
“California Renewables Portfolio Standard” means the renewable energy program and policies codified in
California Public Utilities Code Sections 399.11 through 399.33 and California Public Resources Code Sections
25740 through 25751, as such provisions may be amended or supplemented from time to time.
“Capacity Attributes” means any current or future defined characteristic, certificate, tag, credit, or ancillary
service attribute, whether general in nature or specific as to the location or any other attribute of the Project,
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intended to value any aspect of the capacity of the Project to produce Energy or ancillary services, including, but not
limited to, any accounting construct so that the full Contract Capacity of the Project may be counted toward a
Resource Adequacy Requirement or any other measure by the CPUC, the CAISO, the FERC, or any other entity
invested with the authority under federal or state Law, to require Buyer to procure, or to procure at Buyer’s expense,
Resource Adequacy Benefits or other such products.
“CEC” means the California Energy Commission or its successor agency.
“CEC Certification” means certification by the CEC that the Facility is an ERR and that all Energy
produced by the Facility qualifies as generation from an ERR.
“CEC Pre-Certification” means provisional certification of the proposed Facility as an ERR by the CEC
upon submission by a facility of a complete application and required supplemental information.
“Check Meter” means the Buyer revenue-quality meter section(s) or meter(s), which Buyer may require at
its discretion, and which will include those devices normally supplied by Buyer or Seller under the applicable utility
electric service requirements.
“City Manager” means the City Manager of the City of Rancho Cucamonga.
“Claiming Party” has the meaning set forth in Section 10.2.
“Commercial Operation” means the Contract Capacity has been installed and the Facility is operating and
able to produce and deliver the Product to Buyer pursuant to the terms of this Agreement.
“Commercial Operation Date” means the date on which the Facility achieves Commercial Operation.
“Contract Capacity” means the amount of electric energy generating capacity, set forth in Section 3.1, that
Seller commits to install at the Site.
“Contract Price” has the meaning set forth in Section 3.6.
“Contract Quantity” has the meaning set forth in Section 3.2.
“Contract Year” means a period of twelve (12) consecutive months with the first Contract Year
commencing on the Commercial Operation Date and each subsequent Contract Year commencing on the
anniversary of the Commercial Operation Date.
“Costs” means (a) brokerage fees, commissions and other similar third-party transaction costs and expenses
reasonably incurred either in terminating any arrangement pursuant to which it has hedged its obligations or in
entering into new arrangements which replace the Transaction; and (b) all reasonable attorneys’ fees and expenses
incurred in connection with the termination of the Transaction.
“CPUC” means the California Public Utilities Commission, or successor entity.
“Credit Rating” means, with respect to any entity, (a) the rating then assigned to such entity’s unsecured
senior long-term debt obligations (not supported by third party credit enhancements), or (b) if such entity does not
have a rating for its unsecured senior long-term debt obligations, then the rating assigned to such entity as an issuer
rating by S&P and/or Moody’s. If the entity is rated by both S&P and Moody’s and such ratings are not equivalent,
the lower of the two ratings shall determine the Credit Rating. If the entity is rated by either S&P or Moody’s, but
not both, then the available rating shall determine the Credit Rating.
“Current Inverters” means devices used to convert DC electric energy to alternating current electric energy.
“Curtailment Order” means any instruction from Buyer to Seller to reduce the delivery of Energy from the
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Facility for any reason other than as set forth in Sections 3.6.3 (a) or (b).
“DC” means direct current.
“DC Collection System” means the DC equipment, cables, components, devices and materials that
interconnect the Photovoltaic Modules with the Current Inverters.
“Delivered Energy” means all Energy produced from the Facility and delivered by Seller to the Delivery
Point, expressed in kWh, as recorded by the meter specified in Section 6.2.1 or the Check Meter, as applicable.
“Delivery Point” has the meaning set forth in Section 2.5.
“Delivery Term” has the meaning set forth in Section 3.5.
“Early Termination Date” has the meaning set forth in Section 12.3.
“Eligible Renewable Energy Resource” or “ERR” has the meaning set forth in Public Utilities Code
Sections 399.12 or Section 399.16 and California Public Resources Code Section 25741, as these code provision
may be amended or supplemented from time to time.
“Emergency” means (a) an actual or imminent condition or situation which jeopardizes the integrity of the
electric system or the integrity of any other systems to which the electric system is connected or any condition so
defined and declared by the CAISO; or (b) an emergency condition as defined under an Interconnection Agreement
and any abnormal interconnection or system condition that requires automatic or immediate manual action to
prevent or limit loss of load or generation supply, that could adversely affect the reliability of the electric system or
generation supply, that could adversely affect the reliability of any interconnected system, or that could otherwise
pose a threat to public safety.
“Energy” means three-phase, 60-cycle alternating current electric energy measured in kWh, net of Station
Use. For purposes of the definition of “Green Attributes,” the word “energy” shall have the meaning set forth in this
definition.
“Execution Date” means the latest signature date found at the end of the Agreement.
“Facility” has the meaning set forth in Section 2. The terms “Facility” or “Project” as used in this
Agreement are interchangeable.
“FERC” means the Federal Energy Regulatory Commission or any successor government agency.
“Force Majeure” means an event or circumstance which prevents one Party from performing its obligations
under the Agreement, which event or circumstance was not anticipated as of the Execution Date, which is not within
the reasonable control of, or the result of the negligence of, the Claiming Party, and which, by the exercise of due
diligence, the Claiming Party is unable to overcome or avoid or cause to be avoided, including war, riot, civil
disturbance or disobedience, terrorism, sabotage, strike or labor dispute. Force Majeure does not include: (a) the
lack of wind, sun, or other fuel source of an inherently intermittent nature; (b) reductions in generation from the
Facility resulting from ordinary wear and tear, deferred maintenance or operator error; or (c) any delay in providing,
or cancellation of, interconnection service by a Transmission/Distribution Owner or the CAISO, except to the extent
such delay or cancellation is the result of a Force Majeure claimed by the Transmission/Distribution Owner or the
CAISO. Force Majeure may include delays in performance or inability to perform or comply with the terms and
conditions of this Agreement due to delays in obtaining necessary equipment, labor, or materials or other issues
caused by or attributable to pandemics or epidemics, including the disease designated COVID-19 or the related virus
designated SARS-CoV-2 or any mutations thereof (collectively, “COVID-19”), if the elements of Force Majeure
defined in the first sentence hereof (other than the requirement that the event or circumstance was not anticipated as
of the date the Agreement was agreed to) have been satisfied; provided, however, that the general existence of
COVID-19 shall not be sufficient to prove the existence of a Force Majeure absent a showing of other facts and
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circumstances which in the aggregate establish that a Force Majeure as defined in the first sentence hereof (other
than the requirement that the event or circumstance was not anticipated as of the date the Agreement was agreed to)
has occurred.
“Gains” means with respect to any Party, an amount equal to the present value of the economic benefit to it,
if any (exclusive of Costs), resulting from the termination of the Transaction, determined in a commercially
reasonable manner, subject to Section 12.5. Factors used in determining economic benefit may include, without
limitation, reference to information either available to it internally or supplied by one or more third parties,
including, without limitation, quotations (either firm or indicative) of relevant rates, prices, yields, yield curves,
volatilities, spreads or other relevant market data in the relevant markets, market price referent, market prices for a
comparable transaction, forward price curves based on economic analysis of the relevant markets, settlement prices
for a comparable transaction at liquid trading platforms (e.g., NYMEX), all of which should be calculated for the
remaining Delivery Term to determine the value of the Product.
“Governmental Authority” means any federal, state, local or municipal government, governmental
department, commission, board, bureau, agency, or instrumentality, or any judicial, regulatory or administrative
body, having jurisdiction as to the matter in question.
“Governmental Charges” has the meaning set forth in Section 13.1.
“Green Attributes” means any and all credits, benefits, emissions reductions, offsets, and allowances,
howsoever entitled, attributable to the generation from the Project, and its avoided emission of pollutants. Green
Attributes include but are not limited to Renewable Energy Credits, as well as: (1) any avoided emission of
pollutants to the air, soil or water such as sulfur oxides (SOx), nitrogen oxides (NOx), carbon monoxide (CO) and
other pollutants; (2) any avoided emissions of carbon dioxide (CO2), methane (CH4), nitrous oxide,
hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride and other greenhouse gases (GHGs) that have been
determined by the United Nations Intergovernmental Panel on Climate Change, or otherwise by law, to contribute to
the actual or potential threat of altering the Earth’s climate by trapping heat in the atmosphere; (3) the reporting
rights to these avoided emissions, such as Green Tag Reporting Rights. Green Tag Reporting Rights are the right of
a Green Tag Purchaser to report the ownership of accumulated Green Tags in compliance with federal or state law,
if applicable, and to a federal or state agency or any other party at the Green Tag Purchaser’s discretion, and include
without limitation those Green Tag Reporting Rights accruing under Section 1605(b) of The Energy Policy Act of
1992 and any present or future federal, state, or local law, regulation or bill, and international or foreign emissions
trading program. Green Tags are accumulated on a MWh basis and one Green Tag represents the Green Attributes
associated with one (1) MWh of Energy. Green Attributes do not include (i) any energy, capacity, reliability or
other power attributes from the Project, (ii) production tax credits associated with the construction or operation of
the Project and other financial incentives in the form of credits, reductions, or allowances associated with the project
that are applicable to a state or federal income taxation obligation, (iii) fuel-related subsidies or “tipping fees” that
may be paid to Seller to accept certain fuels, or local subsidies received by the generator for the destruction of
particular preexisting pollutants or the promotion of local environmental benefits, or (iv) emission reduction credits
encumbered or used by the Project for compliance with local, state, or federal operating and/or air quality permits.
If the Project is a biomass or biogas facility and Seller receives any tradable Green Attributes based on the
greenhouse gas reduction benefits or other emission offsets attributed to its fuel usage, it shall provide Buyer with
sufficient Green Attributes to ensure that there are zero net emissions associated with the production of electricity
from the Project.
“Interconnection Agreement” means the small generator interconnection agreement entered into separately
between Seller, Transmission/Distribution Owner, and CAISO (as appropriate) obtained by Seller pursuant to
Transmission/Distribution Owner’s Wholesale Distribution Tariff.
“Interconnection Facilities” has the meaning set forth in the tariff applicable to the Seller’s Interconnection
Agreement.
“Interconnection Point” has the meaning set forth in Section 2.3.
“Interest Rate” means the rate per annum equal to the “Monthly” Federal Funds Rate (as reset on a monthly
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basis based on the latest month for which such rate is available) as reported in Federal Reserve Bank Publication
H.15-519, or its successor publication.
“JAMS” means JAMS, Inc. or its successor entity, a judicial arbitration and mediation service.
“kW” means kilowatt.
“kWh” means kilowatt-hour.
“kWPDC” means peak DC power.
“Law” means any statute, law, treaty, rule, regulation, ordinance, code, permit, enactment, injunction,
order, writ, decision, authorization, judgment, decree or other legal or regulatory determination or restriction by a
court or Governmental Authority of competent jurisdiction, including any of the foregoing that are enacted,
amended, or issued after the Execution Date, and which becomes effective during the Delivery Term; or any binding
interpretation of the foregoing.
“Letter of Credit” means an irrevocable, non-transferable standby letter of credit issued either by a U.S.
commercial bank or a foreign bank with a U.S. branch office with a Credit Rating of at least “A-” by S&P and “A3”
by Moody’s (without a “credit watch”, “negative outlook” or other rating decline alert if its Credit Rating is “A-” by
S&P or “A3” by Moody’s). The Letter of Credit must be substantially in the form as contained in Appendix G to
this Agreement; provided that if the Letter of Credit is issued by a branch of a foreign bank, Buyer may require
changes to such form.
“Losses” means, with respect to any Party, an amount equal to the present value of the economic loss to it,
if any (exclusive of Costs), resulting from the termination of the Transaction, determined in a commercially
reasonable manner, subject to Section 12.5. Factors used in determining the loss of economic benefit may include,
without limitation, reference to information either available to it internally or supplied by one or more third parties
including, without limitation, quotations (either firm or indicative) of relevant rates, prices, yields, yield curves,
volatilities, spreads or other relevant market data in the relevant markets, market price referent, market prices for a
comparable transaction, forward price curves based on economic analysis of the relevant markets, settlement prices
for a comparable transaction at liquid trading platforms (e.g. NYMEX), all of which should be calculated for the
remaining term of the Transaction to determine the value of the Product.
“Manager” has the meaning set forth in Section 17.2.
“Mechanical Completion” means that all equipment and systems that are necessary to generate the effective
capacity of the Facility are installed. The Facility is mechanically, electrically, and structurally constructed with all
control systems installed and connected. The Facility is functionally complete to the extent necessary to begin
commissioning and testing of the Facility, though commissioning and testing need not have commenced.”
“MW” means megawatt (AC).
“MWh” means megawatt-hour.
“Notice,” unless otherwise specified in the Agreement, means written communications by a Party to be
delivered by hand delivery, United States mail, overnight courier service, facsimile or electronic messaging (e-mail).
“Party” means the Buyer or Seller individually, and “Parties” means both collectively. For purposes of
Section 16 (Governing Law) the word “party” or “parties” shall have the meaning set forth in this definition.
“Phasing Plan” means the plan submitted by Seller to the City of Rancho Cucamonga specifying the phases
of the Project and the Contract Capacity associated with each Phase, and further, consistent with the requirements of
Section 17.76.020 of Chapter 17.76 of (Alternative Energy Systems and Facilities) of Article IV (Site Development
Provisions) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code.
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“Phasing Plan Transition Event” means the occurrence of an event that transitions the Facility from one
Phase to a different Phase as specified in the Phasing Plan.
“Photovoltaic Module” means the individual module or component that produces DC electric energy from
sun light.
“Photovoltaic Module DC Rating” means, for each Photovoltaic Module installed or to be installed at the
Site, the number (expressed in kWPDC) stated on the nameplate affixed thereto representing the manufacturer’s
maximum (at “peak” sunlight) DC power rating at the standard test condition (“Pmp” or Power maximum at peak).
“Product” means all Energy produced by the Facility throughout the Delivery Term, net of Station Use and
electrical losses from the Facility to the Delivery Point; all Green Attributes; all Capacity Attributes, if any; and all
Resource Adequacy Benefits, if any; generated by, associated with or attributable to the Facility throughout the
Delivery Term.
“Project” has the meaning set forth in Section 2. The terms “Facility” and “Project” as used in this
Agreement are interchangeable.
“Prudent Electrical Practices” means those practices, methods and acts that would be implemented and
followed by prudent operators of electric energy generating facilities in the Western United States, similar to the
Facility, during the relevant time period, which practices, methods and acts, in the exercise of prudent and
responsible professional judgment in the light of the facts known at the time the decision was made, could
reasonably have been expected to accomplish the desired result consistent with good business practices, reliability
and safety. Prudent Electrical Practices shall include, at a minimum, those professionally responsible practices,
methods and acts described in the preceding sentence that comply with manufacturers’ warranties, restrictions in this
Agreement, and the requirements of Governmental Authorities, WECC standards, the CAISO and Laws. Prudent
Electrical Practices also includes taking reasonable steps to ensure that:
(a) Equipment, materials, resources, and supplies, including spare parts inventories, are available to
meet the Facility’s needs;
(b) Sufficient operating personnel are available at all times and are adequately experienced and
trained and licensed as necessary to operate the Facility properly and efficiently, and are capable of responding to
reasonably foreseeable emergency conditions at the Facility and Emergencies whether caused by events on or off the
Site;
(c) Preventive, routine, and non-routine maintenance and repairs are performed on a basis that ensures
reliable, long term and safe operation of the Facility, and are performed by knowledgeable, trained, and experienced
personnel utilizing proper equipment and tools;
(d) Appropriate monitoring and testing are performed to ensure equipment is functioning as designed;
(e) Equipment is not operated in a reckless manner, in violation of manufacturer’s guidelines or in a
manner unsafe to workers, the general public, or the Transmission/Distribution Owner’s electric system or contrary
to environmental laws, permits or regulations or without regard to defined limitations such as, flood conditions,
safety inspection requirements, operating voltage, current, volt ampere reactive (VAR) loading, frequency, rotational
speed, polarity, synchronization, and control system limits; and
(f) Equipment and components are designed and manufactured to meet or exceed the standard of
durability that is generally used for electric energy generating facilities operating in the Western United States and
will function properly over the full range of ambient temperature and weather conditions reasonably expected to
occur at the Site and under both normal and emergency conditions.
“Renewable Energy Credit” has the meaning set forth in Public Utilities Code Section 399.12(h), as may
be amended from time to time or as further defined or supplemented by Law.
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“Reservation Deposit” means the deposit submitted by Seller to Buyer at the time Seller submitted its
application for an Industrial Zoning District Renewable PPA contract, which amount shall equal four dollars ($4.00)
for each kilowatt of proposed alternating current (AC) generator capacity. Buyer shall return the Reservation
Deposit to Seller once the Project achieves Commercial Operation by crediting Seller the full amount of the
Reservation Deposit on Buyer’s first payment for delivered Product. Buyer shall retain the full amount of the
Reservation Deposit in the event the Project does not achieve Commercial Operation by the Commercial Operation
Date.
“Resource Adequacy Benefits” means the rights and privileges attached to the Facility that satisfy any
entity’s resource adequacy obligations, as those obligations are set forth in any Resource Adequacy Rulings and
shall include any local, zonal, or otherwise locational attributes associated with the Facility.
“Resource Adequacy Requirements” has the meaning set forth in Section 4.4.1.
“Resource Adequacy Rulings” means any other resource adequacy laws, rules or regulations enacted,
adopted or promulgated by any applicable Governmental Authority, as such decisions, rulings, Laws, rules or
regulations may be amended or modified from time-to-time during the Delivery Term.
“Restricted Period” has the meaning set forth in Section 12.8.1.
“Settlement Amount” has the meaning set forth in Section 12.5.
“Site” means the real property on which the Facility is, or will be, located, as further described in Appendix
D.
“Site Control” means the Seller: (a) owns the Site, (b) leases the Site, (c) is the holder of a right-of-way
grant or similar instrument with respect to the Site, or (d) prior to the Commercial Operation Date, has the
unilaterally exercisable contractual right to acquire or cause to be acquired on its behalf any of (a), (b), or (c).
“Station Use” means energy consumed within the Facility’s electric energy distribution system as losses, as
well as energy used to operate the Facility’s auxiliary equipment. The auxiliary equipment may include, but is not
limited to, forced and induced draft fans, cooling towers, boiler feeds pumps, lubricating oil systems, plant lighting,
fuel handling systems, control systems, and sump pumps. This use is not to exceed 1% of average annual output.
“Term” has the meaning set forth in Section 3.4.1.
“Transaction” means the particular transaction described in Section 3.3.
“Transmission/Distribution Owner” means any entity or entities responsible for operating the electric
distribution system or transmission system, as applicable, at and beyond the Interconnection Point.
“WECC” means the Western Electricity Coordinating Council, the regional reliability council for the
Western United States, Northwestern Mexico and Southwestern Canada.
“WREGIS” means the Western Renewable Energy Generating Information System or any successor
renewable energy tracking program.
“WREGIS Certificates” has the same meaning as “Certificate” as defined by WREGIS in the WREGIS
Operating Rules and are designated as eligible for complying with the California Renewables Portfolio Standard.
“WREGIS Operating Rules” means those operating rules and requirements adopted by WREGIS as of
December 2010, as subsequently amended, supplemented or replaced (in whole or in part) from time to time.
*** End of Appendix A ***
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Appendix B – Commercial Operation Date Confirmation Letter
In accordance with the terms of that certain Industrial Zoning District Renewable Power Purchase
Agreement dated ________(“Agreement”) for the Facility named ________________________ by and between
CITY OF RANCHO CUCAMONGA “Buyer”) and ____________________ (“Seller”), this letter serves to
document the Parties further agreement that (i) the conditions precedent to the occurrence of the Commercial
Operation Date have been satisfied as of this _____ day of _________, ______. This letter shall confirm the
Commercial Operation Date, as defined in the Agreement, as the date referenced in the preceding sentence.
IN WITNESS WHEREOF, each Party has caused this Agreement to be duly executed by its authorized
representative as of the date of last signature provided below:
By: By:
CITY OF RANCHO CUCAMONGA
(Seller) (Buyer)
(Signature) (Signature)
(Type/Print Name) (Type/Print Name)
(Title) (Title)
(Date) (Date)
*** End of Appendix B ***
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Appendix C – Forecasting Requirements
A. AVAILABLE CAPACITY FORECASTING.
Seller shall provide the Available Capacity forecasts described below. [The following bracketed language applies
to As-Available solar or wind Projects only] [Seller’s availability forecasts below shall include Project availability
and updated status of [The following bracketed language applies to solar Projects only] [photovoltaic panels,
inverters, transformers, and any other equipment that may impact availability] or [The following bracketed
language applies to wind Projects only] [transformers, wind turbine unit status, and any other equipment that may
impact availability].] [The following bracketed language applies to As-Available Product only] Seller shall use
commercially reasonable efforts to forecast the Available Capacity of the Project accurately and to transmit such
information in a format reasonably acceptable to Buyer. Buyer and Seller shall agree upon reasonable changes to
the requirements and procedures set forth below from time-to-time, as necessary.
1. Annual Forecast of Available Capacity. No later than (I) the earlier of July 1 of the first
calendar year following the Execution Date or one hundred and eighty (180) days before the first day of the first
Contract Year of the Delivery Term (“First Annual Forecast Date”), and (II) on or before July 1 for each calendar
year from the First Annual Forecast Date for every subsequent Contract Year during the Delivery Term, Seller shall
provide to Buyer a non-binding forecast of the hourly Available Capacity for each day in each month of the
following calendar year in a form reasonably acceptable to Buyer.
2. Monthly Forecast of Available Capacity. Ten (10) Business Days before the beginning
of each month during the Delivery Term, Seller shall provide to Buyer a non-binding forecast of the hourly
Available Capacity for each day of the following month in a form reasonably acceptable to Buyer.
*** End of Appendix C ***
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Appendix D – Description of the Facility
Seller should complete the information below and attach a description of the Facility, including a summary
of its significant components, a drawing showing the general arrangements of the Facility, and a single line diagram
illustrating the interconnection of the Facility and loads with Buyer’s electric distribution system.
Name of the Facility:
Address of the Facility:
Description of the Facility, including a summary of its significant components, such as for solar
photovoltaic [Photovoltaic Modules, DC Collection System, Current Inverters], meteorological station,
instrumentation and any other related electrical equipment:
Drawing showing the general arrangement of the Facility:
A single-line diagram illustrating the interconnection of the Facility with Buyer:
A legal description of the Site, including a Site map:
Longitude and latitude of the centroid of the Site:
*** End of Appendix D ***
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APPENDIX E – INDUSTRIAL ZONING DISTRICT RENEWABLE PPA MILESTONES AND
EXAMPLE ACTION STEPS
Action Deadline Date Completed Responsible Party
Step 1: Submit Application Seller
Step 2: Approve Application Buyer
Step 3: Sign Conditional PPA Both
Step 4: Acquire Interconnection Agreement Seller
Step 4A: Submit copy of Interconnection Agreement to
Buyer
Seller
Step 5: Submit confirmation of RPS precertification
requirement and provide Copy of precertification
application to Buyer
Seller
Step 6: File Project with WREGIS and submit proof to
Buyer.
Seller
Step 7: Pay Interconnection Fee and submit proof to
Buyer.
Seller
Step 8: Acquire Conditional Use Permit and
Construction Permits
Seller
Step 8A: Submit proof of permits to Buyer. Seller
Step 9: Notify Buyer 10 days prior to construction start. Seller
Step 10: Submit proof of insurance to Buyer. Seller
Step 11: Mechanical Completion. Seller
Step 12: Notify Buyer 30 days in advance of the
Commercial Operation Date.
Seller
Step 12: Commercial Operation Date Seller
Step 13: Submit application for certification to CEC. Seller
*** End of Appendix E ***
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Appendix F – Delivery Term Contract Quantity Schedule
Dated: XXXXX XX, 20XX
Delivery Term Contract Quantity Schedule
Contract Year Contract Quantity (kWh/Yr) Phase Effective Date
1 Phase 1 XXXXX XX, 20XX
2 Phase 1 XXXXX XX, 20XX
3 Phase 1 XXXXX XX, 20XX
4 Phase 1 XXXXX XX, 20XX
5 Phase 1 XXXXX XX, 20XX
6 Phase 1 XXXXX XX, 20XX
7 Phase 1 XXXXX XX, 20XX
8 Phase 1 XXXXX XX, 20XX
9 Phase 1 XXXXX XX, 20XX
10 Phase 1 XXXXX XX, 20XX
11 Phase 1 XXXXX XX, 20XX
12 Phase 1 XXXXX XX, 20XX
13 Phase 1 XXXXX XX, 20XX
14 Phase 1 XXXXX XX, 20XX
15 Phase 1 XXXXX XX, 20XX
16 Phase 1 XXXXX XX, 20XX
17 Phase 1 XXXXX XX, 20XX
18 Phase 1 XXXXX XX, 20XX
19 Phase 1 XXXXX XX, 20XX
20 Phase 1 XXXXX XX, 20XX
21 Phase 1 XXXXX XX, 20XX
22 Phase 1 XXXXX XX, 20XX
23 Phase 1 XXXXX XX, 20XX
24 Phase 1 XXXXX XX, 20XX
25 Phase 1 XXXXX XX, 20XX
*** End of Appendix F***
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Appendix G – Notices List
Name: ______(“Seller”) Name: CITY OF RANCHO CUCAMONGA, a
(“Buyer” or “RCMU”)
All Notices: [Seller to complete] All Notices:
Delivery Address: Delivery Address:
Street:
City: State: Zip:
Mail Address: (if different from above) Mail Address:
Attn: Attn:
Phone: Phone:
Facsimile: Facsimile:
DUNS: DUNS:
Federal Tax ID Number: Federal Tax ID Number:
Invoices: Invoices:
Attn: Attn:
Phone: Phone:
Facsimile: Facsimile:
Payments: Payments:
Attn: Attn:
Phone: Phone:
Facsimile: Facsimile:
Wire Transfer: Wire Transfer:
BNK:
ABA:
ACCT:
BNK:
ABA:
ACCT:
Credit and Collections: Credit and Collections:
Attn: Attn:
Phone: Phone:
Facsimile: Facsimile:
With additional Notices of an Event of Default to
Contract Manager:
Contract Manager:
Attn: Attn:
Phone: Phone:
Facsimile:
*** End of Appendix G***
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Appendix H – FORM OF LETTER OF CREDIT
Issuing Bank Letterhead and Address
STANDBY LETTER OF CREDIT NO. XXXXXXXX
Date: [insert issue date]
Beneficiary: City of Rancho Cucamonga Applicant: [Insert name and address of
Applicant]
Attention:
Letter of Credit Amount: [insert amount]
Expiry Date: [insert expiry date]
Ladies and Gentlemen:
By order of [insert name of Applicant] (“Applicant”), we hereby issue in favor of City of Rancho Cucamonga (the
“Beneficiary”) our irrevocable standby letter of credit No. [insert number of letter of credit] (“Letter of Credit”),
for the account of Applicant, for drawings up to but not to exceed the aggregate sum of U.S. $ [insert amount in
figures followed by (amount in words)] (“Letter of Credit Amount”). This Letter of Credit is available with [insert
name of issuing bank, and the city and state in which it is located] by sight payment, at our offices located at the
address stated below, effective immediately, and it will expire at our close of business on [insert expiry date] (the
“Expiry Date”).
Funds under this Letter of Credit are available to the Beneficiary against presentation of the following documents:
1. Beneficiary’s signed and dated sight draft in the form of Exhibit A hereto, referencing this Letter of Credit No.
[insert number] and stating the amount of the demand; and
2. One of the following statements signed by an authorized representative or officer of Beneficiary:
A. “Pursuant to the terms of that certain [insert name of the agreement] (the “Agreement”), dated [insert
date of the Agreement], between Beneficiary and [insert name of Seller under the Agreement], Beneficiary
is entitled to draw under Letter of Credit No. [insert number] amounts owed by [insert name of Seller under
the Agreement] under the Agreement; or
B. “Letter of Credit No. [insert number] will expire in thirty (30) days or less and [insert name of Seller
under the Agreement] has not provided replacement security acceptable to Beneficiary.
Special Conditions:
1. Partial and multiple drawings under this Letter of Credit are allowed;
2. All banking charges associated with this Letter of Credit are for the account of the Applicant;
3. This Letter of Credit is not transferable; and
4. The Expiry Date of this Letter of Credit shall be automatically extended without a written amendment for a
period of one year and on each successive Expiry Date, unless at least sixty (60) days before the then current
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Expiry Date, we notify you by registered mail or courier that we elect not to extend the Expiry Date of this
Letter of Credit for such additional period.
We engage with you that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly
honored upon presentation, on or before the Expiry Date (or after the Expiry Date as provided below), at our offices
at [insert issuing bank’s address for drawings].
All demands for payment shall be made by presentation of originals or copies of documents; or by facsimile
transmission of documents to [insert fax number], Attention: [insert name of issuing bank’s receiving
department], with originals or copies of documents to follow by overnight mail. If presentation is made by
facsimile transmission, you may contact us at [insert phone number] to confirm our receipt of the transmission.
Your failure to seek such a telephone confirmation does not affect our obligation to honor such a presentation.
Our payments against complying presentations under this Letter of Credit will be made no later than on the sixth
(6th) banking day following a complying presentation.
Except as stated herein, this Letter of Credit is not subject to any condition or qualification. It is our individual
obligation, which is not contingent upon reimbursement and is not affected by any agreement, document, or
instrument between us and the Applicant or between the Beneficiary and the Applicant or any other party.
Except as otherwise specifically stated herein, this Letter of Credit is subject to and governed by the Uniform
Customs and Practice for Documentary Credits, 2007 Revision, International Chamber of Commerce (ICC)
Publication No. 600 (the “UCP 600”); provided that, if this Letter of Credit expires during an interruption of our
business as described in Article 36 of the UCP 600, we will honor drafts presented in compliance with this Letter of
Credit within thirty (30) days after the resumption of our business and effect payment accordingly.
The law of the State of California shall apply to any matters not covered by the UCP 600.
For telephone assistance regarding this Letter of Credit, please contact us at [insert number and any other
necessary details].
Very truly yours,
[insert name of issuing bank]
By:
Authorized Signature
Name: [print or type name]
Title:
*** End of Appendix H***
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Appendix I – FORM OF CONSENT TO ASSIGNMENT
CONSENT AND AGREEMENT
This CONSENT AND AGREEMENT (“Consent and Agreement”) is entered into as of [_______ __, 2___],
between CITY OF RANCHO CUCAMONGA (“RCMU”), and [_________________] , as collateral agent (in such
capacity, “Financing Provider”), for the benefit of various financial institutions (collectively, the “Secured Parties”)
providing financing to [_______] (“Seller”). RCMU, Seller, and the Financing Provider shall each individually be
referred to as a “Party” and collectively as the “Parties”.
Recitals
A. Pursuant to that certain Power Purchase Agreement dated as of _____________, 2___ (as
amended, modified, supplemented or restated from time to time, as including all related agreements, instruments and
documents, collectively, the “Assigned Agreement”) between RCMU and Seller, RCMU has agreed to purchase
energy from Seller.
B. The Secured Parties have provided, or have agreed to provide, to Seller financing (including a
financing lease) pursuant to one or more agreements (the “Financing Documents”), and require that Financing
Provider be provided certain rights with respect to the “Assigned Agreement” and the “Assigned Agreement
Accounts,” each as defined below, in connection with such financing.
C. In consideration for the execution and delivery of the Assigned Agreement, RCMU has agreed to
enter into this Consent and Agreement for the benefit of Seller.
Agreement
1. Definitions. Any capitalized term used but not defined herein shall have the meaning specified for such
term in the Assigned Agreement.
2. Consent. Subject to the terms and conditions below, RCMU consents to and approves the pledge and
assignment by Seller to Financing Provider pursuant to the Loan Agreement and/or Security Agreement of (a) the
Assigned Agreement, and (b) the accounts, revenues and proceeds of the Assigned Agreement (collectively, the
“Assigned Agreement Accounts”).
3. Limitations on Assignment. Financing Provider acknowledges and confirms that, notwithstanding any
provision to the contrary under applicable law or in any Financing Document executed by Seller, Financing Provider
shall not assume, sell or otherwise dispose of the Assigned Agreement (whether by foreclosure sale, conveyance in
lieu of foreclosure or otherwise) unless, on or before the date of any such assumption, sale or disposition, Financing
Provider or any third party, as the case may be, assuming, purchasing or otherwise acquiring the Assigned
Agreement (a) cures any and all defaults of Seller under the Assigned Agreement which are capable of being cured
and which are not personal to the Seller, (b) executes and delivers to RCMU a written assumption of all of Seller’s
rights and obligations under the Assigned Agreement in form and substance reasonably satisfactory to RCMU, (c)
otherwise satisfies and complies with all requirements of the Assigned Agreement, (d) provides such tax and
enforceability assurance as RCMU may reasonably request, and (e) is a Permitted Transferee (as defined below).
Financing Provider further acknowledges that the assignment of the Assigned Agreement and the Assigned
Agreement Accounts is for security purposes only and that Financing Provider has no rights under the Assigned
Agreement or the Assigned Agreement Accounts to enforce the provisions of the Assigned Agreement or the
Assigned Agreement Accounts unless and until an event of default has occurred and is continuing under the
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Financing Documents between Seller and Financing Provider (a “Financing Default”), in which case Financing
Provider shall be entitled to all of the rights and benefits and subject to all of the obligations which Seller then has or
may have under the Assigned Agreement to the same extent and in the same manner as if Financing Provider were
an original party to the Assigned Agreement.
“Permitted Transferee” means any person or entity who is reasonably acceptable to RCMU. Financing Provider
may from time to time, following the occurrence of a Financing Default, notify RCMU in writing of the identity of a
proposed transferee of the Assigned Agreement, which proposed transferee may include Financing Provider, in
connection with the enforcement of Financing Provider’s rights under the Financing Documents, and RCMU shall,
within thirty (30) business days of its receipt of such written notice, confirm to Financing Provider whether or not
such proposed transferee is a “Permitted Transferee” (together with a written statement of the reason(s) for any
negative determination) it being understood that if RCMU shall fail to so respond within such thirty (30) business
day period such proposed transferee shall be deemed to be a “Permitted Transferee”.
4. Cure Rights.
(a) Notice to Financing Provider by RCMU. RCMU shall, concurrently with the delivery of any
notice of an event of default under the Assigned Agreement (each, an “Event of Default”) to Seller (a “Default
Notice”), provide a copy of such Default Notice to Financing Provider pursuant to Section 9(a) of this Consent and
Agreement. In addition, Seller shall provide a copy of the Default Notice to Financing Provider the next business
day after receipt from RCMU, independent of any agreement of RCMU to deliver such Default Notice.
(b) Cure Period Available to Financing Provider Prior to Any Termination by RCMU. Upon the
occurrence of an Event of Default, subject to (i) the expiration of the relevant cure periods provided to Seller under
the Assigned Agreement, and (ii) Section 4(a) above, RCMU shall not terminate the Assigned Agreement unless it
or Seller provides Financing Provider with notice of the Event of Default and affords Financing Provider an
Additional Cure Period (as defined below) to cure such Event of Default. For purposes of this Agreement
“Additional Cure Period” means (i) with respect to a monetary default, ten (10) days in addition to the cure period
(if any) provided to Seller in the Assigned Agreement, and (ii) with respect to a non-monetary default, thirty (30)
days in addition to the cure period (if any) provided to Seller in the Assigned Agreement.
(c) Failure by RCMU to Deliver Default Notice. If neither RCMU nor Seller delivers a Default
Notice to Financing Provider as provided in Section 4(a), the Financing Provider’s applicable cure period shall begin
on the date on which notice of an Event of Default is delivered to Financing Provider by either RCMU or Seller.
Except for a delay in the commencement of the cure period for Financing Provider and a delay in RCMU’s ability to
terminate the Assigned Agreement (in each case only if both RCMU and Seller fail to deliver notice of an Event of
Default to Financing Provider), failure of RCMU to deliver any Default Notice shall not waive RCMU’s right to
take any action under the Assigned Agreement and will not subject RCMU to any damages or liability for failure to
provide such notice.
(d) Extension for Foreclosure Proceedings. If possession of the Project (as defined in the Assigned
Agreement) is necessary for Financing Provider to cure an Event of Default and Financing Provider commences
foreclosure proceedings against Seller within thirty (30) days of receiving notice of an Event of Default from RCMU
or Seller, whichever is received first, Financing Provider shall be allowed a reasonable additional period to complete
such foreclosure proceedings, such period not to exceed ninety (90) days; provided, however, that Financing
Provider shall provide a written notice to RCMU that it intends to commence foreclosure proceedings with respect
to Seller within ten (10) business days of receiving a notice of such Event of Default from RCMU or Seller,
whichever is received first. In the event Financing Provider succeeds to Seller’s interest in the Project as a result of
foreclosure proceedings, the Financing Provider or a purchaser or grantee pursuant to such foreclosure shall be
subject to the requirements of Section 3 of this Consent and Agreement.
5. Setoffs and Deductions. Each of Seller and Financing Provider agrees that RCMU shall have the right to
set off or deduct from payments due to Seller each and every amount due RCMU from Seller whether or not arising
out of or in connection with the Assigned Agreement. Financing Provider further agrees that it takes the assignment
for security purposes of the Assigned Agreement and the Assigned Agreement Accounts subject to any defenses or
causes of action RCMU may have against Seller.
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6. No Representation or Warranty. Seller and Financing Provider each recognizes and acknowledges that
RCMU makes no representation or warranty, express or implied, that Seller has any right, title, or interest in the
Assigned Agreement or as to the priority of the assignment for security purposes of the Assigned Agreement or the
Assigned Agreement Accounts. Financing Provider is responsible for satisfying itself as to the existence and extent
of Seller’s right, title, and interest in the Assigned Agreement, and Financing Provider releases RCMU from any
liability resulting from the assignment for security purposes of the Assigned Agreement and the Assigned
Agreement Accounts.
7. Amendment to Assigned Agreement. Financing Provider acknowledges and agrees that RCMU may agree
with Seller to modify or amend the Assigned Agreement, and that RCMU is not obligated to notify Financing
Provider of any such amendment or modification to the Assigned Agreement. Financing Provider hereby releases
RCMURCMU from all liability arising out of or in connection with the making of any amendment or modification
to the Assigned Agreement.
8. Payments under Assigned Agreement. RCMU shall make all payments due to Seller under the Assigned
Agreement from and after the date hereof to [__________], as depositary agent, to ABA No. [__________],
Account No. [__________], and Seller hereby irrevocably consents to any and all such payments being made in
such manner. Each of Seller, RCMU and Financing Provider agrees that each such payment by RCMU to such
depositary agent of amounts due to Seller from RCMU under the Assigned Agreement shall satisfy RCMU’s
corresponding payment obligation under the Assigned Agreement.
9. Miscellaneous.
(a) Notices. All notices hereunder shall be in writing and shall be deemed received (i) at the close of
business of the date of receipt, if delivered by hand or by facsimile or other electronic means, or (ii) when signed for
by recipient, if sent registered or certified mail, postage prepaid, provided such notice was properly addressed to the
appropriate address indicated on the signature page hereof or to such other address as a party may designate by prior
written notice to the other parties, at the address set forth below:
If to Financing Provider:
Name:
Address:
Attn:
Telephone:
Facsimile:
Email:
If to RCMU:
Name:
Address:
Attn:
Telephone:
Facsimile:
Email:
(b) No Assignment. This Consent and Agreement shall be binding upon and shall inure to the benefit
of the successors and assigns of RCMU, and shall be binding on and inure to the benefit of the Financing Provider,
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the Secured Parties and their respective successors and permitted transferees and assigns under the loan agreement
and/or security agreement.
(c) No Modification. This Consent and Agreement is neither a modification of nor an amendment to
the Assigned Agreement.
(d) Choice of Law. The parties hereto agree that this Consent and Agreement shall be construed and
interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may
direct the application of the laws of another jurisdiction.
(e) No Waiver. No term, covenant or condition hereof shall be deemed waived and no breach
excused unless such waiver or excuse shall be in writing and signed by the party claimed to have so waived or
excused.
(f) Counterparts. This Consent and Agreement may be executed in one or more duplicate
counterparts, and when executed and delivered by all the parties listed below, shall constitute a single binding
agreement.
(g) No Third Party Beneficiaries. There are no third party beneficiaries to this Consent and
Agreement.
(h) Severability. The invalidity or unenforceability of any provision of this Consent and Agreement
shall not affect the validity or enforceability of any other provision of this Consent and Agreement, which shall
remain in full force and effect.
(i) Amendments. This Consent and Agreement may be modified, amended, or rescinded only by
writing expressly referring to this Consent and Agreement and signed by all parties hereto.
IN WITNESS WHEREOF, each of RCMU and Financing Provider has duly executed this Consent and Agreement
as of the date first written above.
City of Rancho Cucamonga (RCMU)
By: _________________________________
Name: _______________________________
Title: ________________________________
[____________________________________] (Financing
Provider), as collateral agent
By: _________________________________
Name: _______________________________
Title: ________________________________
ACKNOWLEDGEMENT
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The undersigned hereby acknowledges the Consent and Agreement set forth above, makes the agreements set forth
therein as applicable to Seller, including the obligation of Seller to provide a copy of any Default Notice it receives
from RCMU to Financing Provider the next business day after receipt by Seller, and confirms that the Financing
Provider identified above and the Secured Parties have provided or are providing financing to the undersigned.
[________________________][name of Seller]
By: _________________________________
Name: _______________________________
Title: ________________________________
*** End of Appendix I***
EXHIBIT “F”
RCMU Line Extension
PLANNING COMMISSION RESOLUTION NO. 21-79
DR DRC2020-00177 – HILLWOOD ENTERPRISES, L.P.
December 8, 2021
Page 44
Rancho Cucamonga Municipal Utility Responsibility
Developer Responsibility
Approximate location of stub out for developer
constructed infrastructure from here to building
POC/switch gear. Final location to be
coordinated with City’s Etiwanda Grade
Separation Project and RCMU.
Developer constructed line extension including
RCMU interconnection point and private
infrastructure from line extension to building
POC/switch gear for electrical and fiberoptic
infrastr ct re
Developer constructed infrastructure to include
design and construction by developer of both
electrical and fiberoptic communications
infrastructure from stub out points shown above
to the POC/switch gear and telecommunications
room for each building.
N
Final design may inclu
the County of San Bern
Developer to coordinat
RCMU to obtain all ne
rights-of-way to constr
infrastructure outside o
Conditions of Approval
Community Development Department
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
The project shall comply with all mitigation measures identified in the Environmental Impact Report SCH
No. (2020090076) and the corresponding Mitigation Monitoring and Reporting Program.
1.
The proposed public street shall be named Via Maris Place. This street name shall be submitted for
Planning Director review and approval in accordance with the adopted Street Naming Policy prior to
approval of the final map.
2.
Standard Conditions of Approval
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.
3.
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 appropriate discretionary body
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.
4.
This project is subject to public art requirement outlined in Chapter 17.124 of the Development Code, in
accordance with Development Agreement DRC2021-00175. The applicant shall be required to install
art onsite pursuant to Development Code Section 17.124 with a minimum value of $100,000, pursuant
to Development Agreement DRC2021-00175.
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.
5.
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.
6.
www.CityofRC.us
Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
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 at its own expense in the
defense of any such action but such participation shall not relieve applicant of his obligations under this
condition.
7.
Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of
Approval, and all environmental mitigations shall be included on the plans (full size). The sheet (s) are for
information only to all parties involved in the construction /grading activities and are not required to be
wet sealed/stamped by a licensed Engineer/Architect.
8.
The applicant shall be required to pay California Department of Fish and Wildlife Notice of
Determination & Environmental Impact Report fee. All checks are to be made payable to the Clerk of
the Board Supervisors and submitted to the Planning Department within 5 days of the approval of the
project by Planning Commission/City Council.
9.
Front yard and corner side yard landscaping and irrigation shall be required per the Development
Code. This requirement shall be in addition to the required street trees and slope planting. All
landscaping shall be installed to the satisfaction of the Planning Department prior to the issuance of final
occupancy.
10.
A detailed landscape and irrigation plan, including slope planting and model home landscaping in the
case of residential development, shall be prepared by a licensed landscape architect and submitted for
Planning Director review and approval prior to the issuance of Building Permits for the development or
prior final map approval in the case of a custom lot subdivision. For development occurring in the Very
High Fire Hazard Severity Zone, the landscape plans will also be reviewed by Fire Construction
Services.
11.
The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the
required landscape plans and shall be subject to Planning Director review and approval and
coordinated for consistency with any parkway landscaping plan which may be required by the
Engineering Services Department.
12.
Landscaping and irrigation systems required to be installed within the public right -of-way on the
perimeter of this project area shall be continuously maintained by the developer.
13.
The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any
signs proposed for this development shall comply with the Development Code and Uniform Sign
Program approved as part of this application. Sign plans shall be submitted for review and approval by
the Building and Planning Departments as necessary prior to the issuance of sign permits.
14.
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.
15.
www.CityofRC.us Page 2 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
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.
16.
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 office corner of the
building. 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)
screened behind a 4-foot high wall. For this project, these walls shall be constructed of poured in -place
concrete with design elements incorporated to match the building.
17.
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.
Decorative paving shall be provided at each vehicle entrance to the site, behind the public right -of-way.
These decoratively paved areas shall extend from the front property line to the building setback line and
have a width equal to that of the driveway.
18.
Prior to any use of the project site or business activity being commenced thereon, all Conditions of
Approval shall be completed to the satisfaction of the Planning Director.
19.
Occupancy of the facilities shall not commence until such time as all California Building Code and State
Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the
Rancho Cucamonga Fire Protection District and the Building and Safety Services Department to show
compliance. The buildings shall be inspected for compliance and final acceptance granted prior to
occupancy.
20.
All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for
consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building,
etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has
commenced, whichever comes first.
21.
Trash receptacle (s) are required and shall meet City standards. The final design, locations, and the
number of trash receptacles shall be subject to Planning Director review and approval prior to the
issuance of Building Permits.
22.
For commercial and industrial projects, paint roll -up doors and service doors to match main building
colors.
23.
This tentative tract map or tentative parcel map shall expire, unless extended by the Planning
Commission, unless a complete final map is filed with the Engineering Services Department within 3
years from the date of the approval.
24.
All building numbers and individual units shall be identified in a clear and concise manner, including
proper illumination and in conformance with Building and Safety Services Department standards, the
Municipal Code and the Rancho Cucamonga Fire Department (RCFD) Standards.
25.
www.CityofRC.us Page 3 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Engineering Services Department
Please be advised of the following Special Conditions
The existing driveways on Napa Street shall meet City Standard. If the driveways do not meet City
Standard the developer shall be responsible for the reconstruction of the driveways.
1.
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.
2.
Development impact fees are due prior to issuance of a building permit or certificate of occupancy per
the Engineering Fee schedule, Government Code Section 66000, et seq. and local ordinance. Pursuant
to Government Code Section 66020(d), the 90-day approval period in which the applicant may protest
these fees will begin at the date the fees are invoiced. Protests must be made in writing and be
delivered to the City Clerk prior to the close of business on the 90th day of the 90-day approval period
3.
RCMU Requirement: 1)Electric: The Rancho Cucamonga Municipal Utility (RCMU) shall be the
electrical service provider for all project related development. The Developer shall execute a Line
Extension Agreement for electric service and shall construct electrical distribution facilities in
accordance with such agreement and RCMU requirements and dedicate such facilities to the Rancho
Cucamonga Municipal Utility. RCMU’s existing underground electric system will be located off of
Etiwanda Ave.
4.
RCMU Requirement: 2)Fiber: The proposed development is slated to be included in the City ’s
Fiber Optic Master Plan that would provide a City owned Fiber-to-the-Premise (FTTP) infrastructure.
The City will require the developer to install a 1-4” UG Fiber Optic dark conduit on the north side of
Napa Street along the project boundary along with a 3’x4’x3’ pullbox on each end of the route and into
the project boundary. The size, placement and location of the conduit and vaults shall be shown on the
Street Improvement and/or Public Improvement Plans and subject to the Engineering Services
Department's review and approval prior to the issuance of building permits or final map approval,
whichever comes first.
On site, the City will require 1-2” UG HDPE or equal fiber optic conduit to be placed underground within
a duct and structure system to be installed joint trench by the Developer per Standard Drawing 135-137
and interconnected into the City's 4" fiber optic conduit. The size, placement and location of the conduit
and/or vaults shall run into the building's telecommunication room and be shown on the final dry utility
onsite substructure plans and subject to the Engineering Services Department's review and approval
prior to the issuance of building permits or final map approval, whichever comes first.
5.
RCMU Requirement: 3) Streetlights: The existing streetlights along the frontage of the project boundary
will need to be deeded to the City and retrofitted to the City ’s streetlight Standard Drawing 410. New
Streetlights shall be installed along the proposed Industrial Road along the west boundary. Developer
shall be responsible to coordinate and pay all costs of the street lights and to provide power to City
owned street lights.
6.
www.CityofRC.us Page 4 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
No grading, encroachment, or building permits will be issued until the northerly half portion of Napa St. is
annexed into the City.
7.
Relocation of Edison Facilities to the north side of Napa St. must be undergrounded per the City's
Undergrounding Policy. All electrical lines less than 66kv (telephone & cable) shall be undergrounded.
8.
Prior to approval of the parcel map the northerly half of Napa Street shall be annexed into the City.9.
www.CityofRC.us Page 5 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
Developer shall construct the following traffic improvements and dedicate the necessary right -of-way
consistent with the Project's TIA and determined necessary by the City Engineer
For Non-Sort Use
a) [DIF] For the intersection of Etiwanda Avenue and 6th Street - Install a traffic signal
b) [P] For the intersection of 4th Street at the I-15 SB Ramps and Ontario Mills Drive - Modify existing
traffic signal to implement a 130-second cycle length and overlap phasing for the westbound right turn
lane, restripe the southbound approach to provide one left turn lane, one through lane, and dual right turn
lanes. Modify the traffic signal to implement overlap phasing for northbound and southbound right turn
lanes.
For Sort Use
a) [P] For the intersection of Milliken Avenue and 4th Street - Modify the existing traffic signal to
implement overlap phasing on the westbound right turn lane and modify the traffic signal to implement
overlap phasing for the eastbound right turn lane.
b) [P] For the intersection of Etiwanda Avenue and Arrow Route - Install striping to implement a second
southbound left turn lane.
c) For the intersection of Etiwanda Avenue and Napa Street - Install striping to add a northbound right
turn lane and a second left turn lane. Modify the existing traffic signal to implement a northbound right
turn overlap and a westbound right turn overlap.
d) For the intersection of Haven Avenue and 4th Street - Modify the traffic signal to implement an
optimized cycle length.
e) For the intersection of Etiwanda Avenue and the I -10 eastbound ramps - Restripe the eastbound
shared left and right turn lane to a dedicated right turn lane
Reimbursement. An improvement identified as [P] in above is eligible for a 50% reimbursement of the
actual costs if first constructed by Developer and the same improvement is also required to be
constructed by the Bridge Point development. Developer may receive reimbursement of fifty percent
(50%) of the actual cost of these improvements if the improvements are first constructed by Developer
and the same improvements are also required to be constructed by the Bridge Point Rancho
Cucamonga project located at 12434 4th Street. Alternatively, if the improvement is first constructed by
the Bridge Point Rancho Cucamonga project, then Developer shall pay a reimbursement to the City,
which will be passed through to the Bridge Point Rancho Cucamonga project ’s developer, equal to fifty
percent (50%) of the actual cost of the improvements and is not required to construct the improvements .
Improvements identified as [DIF] are currently listed in the City ’s Transportation Development Impact
Fee Program and are eligible for credit and /or reimbursement up to the amounts identified in the
program as of the date of payment of the Transportation Development Impact Fees. If these
improvements are constructed by others prior to the development of this project, no credits or
10.
www.CityofRC.us Page 6 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
reimbursements shall be owed to Developer.
Fair Share Payment in lieu of Remaining Traffic Improvements. In lieu of constructing the opening year
and horizon year (2040) traffic improvements outlined in the TIA but not described above, Developer
shall have the right to pay a fair share fee into the City ’s Industrial Area Traffic Improvement Fund as
determined by the City Engineer (the “Fair Share Fee”). The Fair Share Fee shall be due prior to
issuance of the first certificate of occupancy for the Project.
New Public Street. Developer shall construct, consistent with the City ’s standards and to the satisfaction
of the City Engineer, a new public street on the west side of the Project site from Napa Street to the
Project’s northerly property line with APN 0229-291-55, to be classified as an Industrial Collector
(66-foot full-width right-of-way). Developer shall be responsible for all costs associated with the design
and construction of the new public street.
Standard Conditions of Approval
Dedication shall be made of the following rights -of-way on the perimeter streets (running from north to
south) along the west boundary:
66 total feet on "A" Street
The industrial road shall be located as shown on the conceptual plans along the westerly boundary and
extend from Napa Street northerly to the north property line.
11.
Rights-of-way and easements shall be dedicated to the City for all public streets, public landscape
areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as
shown on the plans and /or tentative map. Private easements for non -public facilities (cross-lot
drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map.
12.
A final drainage study shall be submitted to and approved by the City Engineer prior to the issuance of
Grading Permits. All drainage facilities shall be installed as required by the City Engineer.
13.
Adequate provisions shall be made for acceptance and disposal of surface drainage entering the
property from adjacent areas.
14.
A permit from the San Bernardino County Flood Control District is required if any grading work is
proposed within its right-of-way.
15.
Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from
the outer edge of a mature tree trunk.
16.
www.CityofRC.us Page 7 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
** 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.
17.
Prior to approval of the parcel map or lot merger, a deposit shall be posted with the City covering the
estimated cost of apportioning the assessments under Assessment Districts LMD 3B, SLD 1 & SLD 6
and CFD 85-1 among the newly created parcels.
18.
Permits or approvals shall be obtained from the following agencies for any work that may impact/ is
within their right of way:
a) Metropolitan Water District;
b) San Bernardino County Flood Control District.
c) Southern California Edison
19.
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 a lot merger .
Formation costs shall be borne by the developer. The developer is required to annex into LMD 3B, SLD
1 & SLD 6 and CFD 85-1.
20.
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.
21.
Construct the following perimeter street improvements including, but not limited to:
Street Name: "A" Street & Napa
Curb & Gutter
A.C. Pvmt
Side-walk
Drive Appr.
Street Lights
Street Trees
22.
www.CityofRC.us Page 8 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
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.
23.
Improvement Plans and Construction:
a. Street improvement plans, including street trees, street lights, and intersection safety lights on future
signal poles, and traffic signal 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.
d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project
along major or secondary streets and at intersections for future traffic signals and interconnect wiring .
Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other
locations approved by 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.
24.
www.CityofRC.us Page 9 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
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 the Public Improvement Plan." Where public
landscape plans are required, tree installation in those areas shall be per the public landscape
improvement plans.
Street Name: Napa Street and Industrial Street
Botanical Name: Platanus Racemosa
Common Name: California Sycamore
Min. Grow Space: 40' o/c
Spacing: 50' o/c
Size: 15 gal. min.
Qty.: to be determined during design
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.
25.
Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted
policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including
driveways. Local residential street intersections and commercial or industrial driveways may have lines
of sight plotted as required.
26.
During construction of "A" Street access shall be maintained for property to the north of the project site.27.
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.
28.
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.
29.
The developer shall be responsible for the relocation of existing utilities as necessary. Prior to the
approval of the Parcel/Final Map, or issuance of a rough or precise grading plan (whichever comes
first), the developer shall provide a non -interference letter (or equivalent) from Southern California
Edison Company.
30.
www.CityofRC.us Page 10 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric
power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements
shall be provided as required.
31.
Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga
Valley Water District (CVWD), other local water or sewer districts, Rancho Cucamonga Fire Protection
District, and the Environmental Health Department of the County of San Bernardino. A letter of
compliance from the CVWD is required prior to final map approval or issuance of permits, whichever
occurs first. Such letter must have been issued by the water district within 90 days prior to final map
approval in the case of subdivision or prior to the issuance of permits in the case of all other residential
projects.
32.
Fire Prevention / New Construction Unit
Standard Conditions of Approval
The parcel in Rancho Cucamonga and the parcel proposed to be annexed into the City are 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.
Locking and latching hardware for access doors is required to be operable from the exterior of the
building and is required to be single action latch/lock release on the interior of the building.
2.
Access doors are required to be identified in accordance with Fire District Standard 5-5. The Standard
has been uploaded to the Documents section.
3.
Access doors are required to be distributed along the exterior of the building such that the lineal
distance between adjacent access doors does not exceed 125 feet measured center to center.
4.
Required alarm systems and supervision systems are required to be in accordance with Fire District
Standard 9-3. The Standard has been uploaded to the Documents section.
5.
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.
6.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Fire Prevention / New Construction Unit
Standard Conditions of Approval
The location, size, construction materials, or other features of this building and the associated project
are such that adequate emergency responder radio coverage may not be achievable within the building
that is proposed. It is highly recommended that a radio signal strength assessment is completed by San
Bernardino County Information Services Department (ISD). Please contact Tim Trager with County ISD
at 909-388-5563 or ttrager@isd.sbcounty.gov
Upon substantial completion and final completion of construction, the fire code official will oversee a
radio signal strength test that is in accordance with the California Fire Code. If acceptable radio
coverage cannot be achieved after construction is completed, equipment necessary to increase the
radio signal strength or otherwise allow adequate emergency responder radio communication will be
required to be installed.
7.
Fire flow information for this project is obtained from the Fontana Water Compnay (FWC). FWC can be
reached at 909-822-2201 or CustomerService@fontanawater.com.
8.
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. 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.
9.
Fire sprinkler are required to be installed in accordance with Fire District Standard 9-5. The Standard
has been uploaded to the Documents section.
10.
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.
11.
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.
12.
A Knox or Fire District padlock is required to be incorporated into the security system for a manually
operated gate that are installed across or provides access to a fire access road (fire lane).
13.
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.
14.
Roof access is required to be in accordance with Fire District Standard 5-6. The Standard has been
uploaded to the Documents section.
15.
Designated and conforming aerial apparatus access is required in accordance with Fire District
Standard 5-1. Show aerial apparatus access on the fire access plan. The Standard has been uploaded
to the Documents section.
16.
www.CityofRC.us Page 12 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Fire Prevention / New Construction Unit
Standard Conditions of Approval
Fire apparatus access (fire lane) design, construction, and identification are required to be in
accordance with Fire District Standard 5-1. The Standard has been uploaded to the Documents
section.
17.
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.
18.
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.
19.
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.
20.
Public and private fire service water mains, public and private hydrants, water control valves, fire
sprinkler risers, fire department connections (FDCs), and other fire protection water related devices and
equipment are required to be provided, designed, and installed in accordance with Fire District
Standard 5-10. The Standard has 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, energy calculations and soils report 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 which are effective at the time of Plan Check Submittal. The new structures are required to be
equipped with automatic fire sprinklers per the California Building Code and Current RCFPD
Ordinance. Disabled access for the site and buildings must be in accordance to the State of California
and ADA regulations. If it is anticipated that there will be a need for temporary fire protection water
supply and/or temporary fire access, submit a separate plan for review and approval that complies with
RCFD Standard 33-3.
Where no public sewer is available an onsite wastewater system for each building shall be designed
and installed per the Local Agency Management Program Ordinance No. 936. A separate submittal
and permit is required for this submittal.
The Metropolitan Water District (MWD) Feeder Line shall be protected from building surcharge and
vehicular loading as noted in the MWD letter dated June 2, 2020. A letter of review and approval from
MWD of the grading plan, drainage plan, septic plan, and building plans is required prior to issuance of
a building permit.
1.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Prior to issuance of a grading permit for non -residential projects the applicant shall show on the
electrical plans and the permitted grading plan set the location for a future installation of an Electric
Vehicle (EV) charging station/parking area per the current adopted California Green Building
Standards Code, section 5.106.5.3.
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 Engineering Services Department prior to the issuance of
building permits.
4.
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”.
5.
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.
6.
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.
7.
If a Rough Grading and Drainage Plan /Permit are submitted to the Engineering Services Department
for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading
and Drainage Plan/Permit.
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.
www.CityofRC.us Page 14 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking
stall gradient at 7 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 City Engineer, or his designee.
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.
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.
All roof drainage flowing to the public right of way (Napa Street) must drain under the sidewalk through a
parkway culvert approved by the Engineering Department. This shall be shown on both the grading and
drainage plan and Engineering Services Department required plans.
17.
Prior to issuance of a grading permit the applicant shall show on the site plan and the permitted grading
plan set for non-residential projects the designated parking for clean air vehicles per the current
adopted California Green Building Standards Code, section 5.106.5.2.
18.
Prior to approval of the project -specific storm water quality management plan, the applicant shall submit
to the City Engineer, 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.
www.CityofRC.us Page 15 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
A drainage study showing a 100-year, AMC 3 design storm event for on -site drainage shall be
prepared and submitted to the Engineering Services Department 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.
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.
21.
San Bernardino County Flood Control District (SBCFCD) shall approve all plans that impact their right
of way, including utilities, storm drain, slopes, and street trees and landscaping prior to issuance of a
grading permit. A note shall be included on all pertinent plans requiring SBCFCD to be notified two
working days prior to starting any work in the vicinity of their easement.
22.
Prior to issuance of a grading permit the applicant shall obtain written comments from San Bernardino
County Flood Control District regarding site design restrictions within their easement and provide a
copy of said comments to the Engineering Services Department for review.
23.
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).
24.
Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of
the project Conditions of Approval.
25.
Metropolitan Water District (MWD) shall approve all plans that impact their easement, including utilities,
storm drain, slopes, and street trees and landscaping prior to issuance of a grading permit. A note shall
be included on all pertinent plans requiring Metropolitan Water District Operations Maintenance Branch
to be notified two working days prior to starting any work in the vicinity of their easement.
26.
Prior to issuance of a grading permit the applicant shall obtain written comments from MWD regarding
site design restrictions within their easement and provide a copy of said comments to the City Engineer
for review.
27.
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
Engineering Services Department and then recorded with the County Recorder’s Office.
28.
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.
29.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for
each underground infiltration device, with the Facility ID Number assigned, to the Engineering Services
Department Official prior to issuance of the Grading Permit and /or approval of the project-specific
Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the
permitted grading plan set, and a copy of said form shall be included in the project -specific Water
Quality Management Plan.
30.
The land owner shall provide an inspection report by a qualified person /company on a biennial basis for
the Class V Injection Wells /underground infiltration chambers to the City of Rancho Cucamonga
Environmental Program Manager. The land owner shall maintain on a regular basis all best
management practices (BMP”s) as described in the Storm Water Quality Management Plan (WQMP)
prepared for the subject project. All costs associated with the underground infiltration chamber are the
responsibility of the land owner.
31.
The land owner shall provide an inspection report on a biennial basis for the structural storm water
treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental
Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water
Quality Management Plan prepared for the subject project. All costs associated with the underground
infiltration chamber are the responsibility of the land owner.
32.
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.
33.
A final project-specific Storm Water Quality Management Plan (WQMP) shall be approved by the City
Engineer, 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.
34.
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.
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.
www.CityofRC.us Page 17 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
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.
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.
40.
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.
41.
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.
42.
www.CityofRC.us Page 18 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
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.
43.
Prior to the issuance of a grading permit by the City of Rancho Cucamonga, the applicant shall obtain
grading permits from the two adjacent parcels that front along Napa Street, from the Authority Having
Jurisdiction (AHJ) over those parcels.
44.
www.CityofRC.us Page 19 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Written permission shall be obtained from Metropolitan Water District (MWD) for any work within their
right-of-way, including grading prior to issuance of a grading permit.
45.
A permit shall be obtained from San Bernardino County Flood Control District if any work is proposed
within their right-of-way, including grading prior to issuance of a grading permit.
46.
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DESIGN REVIEW COMMENTS
February 2, 2021
7:00 p.m.
Sean McPherson, AICP, Senior Planner
DESIGN REVIEW DRC2020-00177 – KIMLEY-HORN FOR HILLWOOD DEVELOPMENT CO.
–A request for site plan and architectural design for the development of two industrial
warehouse buildings, parking, and landscape improvements on vacant parcels located east of
Etiwanda Avenue on the north of Napa Street; APN: 0229-291-54 and -46. An Environmental
Impact Report is being prepared for this project.
Site Characteristics: The project site comprises two adjacent parcels - one is located within the
City of Rancho Cucamonga (APN: 0229-291-54), and the other is located within unincorporated
San Bernardino County (APN: 0229-291-46) that is part of the City of Fontana’s Sphere of
Influence (SOI). The cumulative project area of these two parcels totals approximately 35.4
acres of land.
The project area is generally located east of Etiwanda Avenue at the north side of Napa Street,
south of the Metrolink/Burlington Northern Santa Fe (BNSF) railway, west of the San Sevaine
Channel and east of the East Etiwanda Creek channel. The project area is traversed by
Southern California Edison (SCE) transmission lines running east-west and is roughly bisected
by a curved north-south rail spur. The site is generally flat and at-grade with Napa Street and is
void of any trees. Napa Street is currently located within unincorporated County, and is
improved with curb, gutter, sidewalk, and streetlights.
The existing Land Use, General Plan and Zoning designations for the project area and adjacent
properties are as follows:
Land Use General Plan Zoning
Site* Vacant
Heavy Industrial (HI) and Flood
Control Utility Corridor (FC/UC) (for
portion within City); Regional
Industrial/Speedway RDA (IR) and
General Industrial (I-G) (for portion
within County/Fontana SOI)
Heavy Industrial (HI)
District (for portion within
City); Regional Industrial
Speedway RDA (IR) and
General Industrial (M-2)
(for portion within
County/Fontana SOI)
North Industrial Heavy Industrial (HI) and Flood
Control/Utility Corridor (FC/UC)
General Industrial (GI)
District
South
Industrial
(County/Fontana
SOI)
General Industrial (I-G) (within
County/Fontana SOI)
General Industrial (M-2)
(within County/Fontana
SOI)
West
Industrial and
East Etiwanda
Creek
Heavy Industrial (HI) and Flood
Control/Utility Corridor (FC/UC)
Heavy Industrial (HI)
District
East San Sevaine
Channel Open Space (OS)
Open Space-Natural
(OS-N) (within
County/Fontana SOI)
*In the 2010 General Plan, APN: 0229-291-54 also includes a “floating” designation as a location for a potential public park”
009009
Exhibit K
DRC COMMENTS
DESIGN REVIEW DRC2020-00177 – KIMLEY-HORN FOR HILLWOOD DEVELOPMENT CO.
February 2, 2021
Page 2
Project Overview: The applicant proposes to annex the portion of the project area currently
located outside the City’s jurisdiction and subdivide the two adjacent parcels referenced above
and create two new parcels, Parcel I and Parcel II, to accommodate the development of two
new industrial warehouse buildings: Building A, located on the proposed Parcel I, totals
approximately 500,648 square feet; and Building B, located on the proposed Parcel II, totals
approximately 155,230 square feet. Grading operations are proposed to be balanced on-site,
with approximately 336,000 cubic yards of cut and fill.
Each building includes approximately 10,000 square feet of office area. Building A, as proposed,
will have a maximum height of approximately 58.5 feet and Building B, as proposed will have a
maximum height of 46 feet. Access to the proposed project is primarily off Napa Street.
However, a new north-south road (“Street A”) is also proposed to be constructed that will
provide access to Parcel II. No uses are proposed for either building at this time though it is
anticipated that the buildings will function as warehousing, distribution/logistics facilities.
Staff notes that the applicant has also proposed an “Alternative Site Plan,” which proposes only
one industrial warehouse building (Building A), totaling 500,648 square feet. In this alternative
version of the project, Building A would be occupied by a potential
“E-Commerce” user and Building B is replaced with a surface level parking lot providing 849
parking stalls.
New Street and Relocation of SCE Easement & Infrastructure: Considering the size and scope
of the project, certain public improvements are required including the aforementioned Street A.
Street A is proposed to be constructed running north-south along the westerly property line of
the project area. Street A will connect Napa Street to the south with a new planned east-west
road to be located south and parallel to the Metrolink/BNSF railway. This future east-west road
south of the railway is not part of the subject project and will be constructed at such time that
surrounding parcels redevelop.
In addition to the new Street A, staff also notes that the project requires the relocation of an
existing SCE easement and related SCE infrastructure (i.e. transmission towers and lines). This
SCE easement currently traverses the project area in an east-west orientation. The project
proposes to relocate a portion of this easement to the south along Napa Street to allow for the
placement of Building A. This new orientation will result in the SCE transmission towers being
located along the frontage of Parcel I and in front of Building A.
Alternative Rail Serve Plan: As the project area is roughly bisected by an existing rail spur, the
subject project is required to demonstrate that rail service is possible pursuant to Development
Code Section 17.36.040.D.6. The applicant is not required to construct rail-related
improvements on the property. However, the plans must demonstrate that the site could have a
functional/practical rail service if any future owner/tenant decides that rail service is
required/desired.
Accordingly, the applicant has provided an Alternative Rail Serve Plan (Sheet DAB-A1.1C of the
attached plan set). The applicant’s Alternative Rail Serve Plan demonstrates that Building A can
accommodate rail pursuant to Development Code standards without any loss of parking or
relocation of drive aisles. Building B, however, will not be able to accommodate rail service due
to the site configuration, lot size, radius of the track, and the encroachment of the track onto an
adjacent parcel. The applicant has provided a written justification requesting that the Planning
010010
DRC COMMENTS
DESIGN REVIEW DRC2020-00177 – KIMLEY-HORN FOR HILLWOOD DEVELOPMENT CO.
February 2, 2021
Page 3
Commission consider eliminating the requirement that Building B provide rail service. This
justification is included with this report (Exhibit D), as “Attachment A to Alternative Rail Serve
Plan.”
Architecture: The proposed industrial warehouse buildings meet the City’s 360-degree
architectural standards. Each building provides well-defined articulation and a varied use of
architectural features creating an attractive aesthetic. For example, acknowledging the long
span of each façade facing Napa Street, both Building A and Building B provide varied building
heights, which start low at the corners of the buildings increasing in height toward the center of
the façade facing Napa Street. This “stepped” building height provides visual interest and offers
a range of building heights between 46-58 feet for Building A, and 38-46 feet for Building B.
The corner of each building facing Napa Street provides office tower elements which exhibit an
angled concrete feature backed by reflective blue glazing and aluminum storefront framing.
Throughout each elevation, the typical concrete tilt-up façade is punctuated by panel joints,
reveals, vertical glazing elements and, most notably, angled concrete features which provide an
attractive and varied color pallet. These angled features break up the expanse of the façade by
exhibiting bright colors including “Knockout Orange” (Sherwin Williams SW 6885),
“Commodore” (SW 6524) and “Limon Fresco” (SW 9030). This bright pallet provides an
attractive break to the subdued color pallet of grays which otherwise dominate the buildings.
The proposed project exceeds all applicable development standards for the General Industrial
(GI) district, as shown in the table below:
Development
Standard Required Proposed Complies?
Building Height
Maximum 35 feet (at front
setback) and
75 feet (1-foot increment
from the front setback
line)
Building A: (var.) 46-58.5 feet
(beyond setback); Building B:
(var.) 38-50.5 feet (beyond
front setback)
YES
Floor Area Ratio
(FAR) 40-50% Building A: 42.9%; Building B:
41.1% YES
Front Building
Setback Min. 25 feet
Building A: 46 feet (Napa St.);
Building B: 39.5 feet (“Street
A”)
YES
Street Side
Setback
Min. 25 Feet (Napa Street
for Building B) 69 feet (approx.) YES
Average Depth of
Landscape 25 feet 27 feet (“Street A”); 25 feet
(Napa St.) YES
Parking Setback Min. 15 feet (var.) 15-31 feet (approx.) YES
Interior Side Yard
Setback Min. 5 feet
Building A: 314.5 feet (west
PL), 126 feet (east PL);
Building B: 137.3 (northerly
property line)
YES
Rear Yard
Setback Min. 0 feet Building A: 144 feet (approx.);
Building B: 75.3 YES
Open 5% Building A: 8.3%; Building B: YES
011011
DRC COMMENTS
DESIGN REVIEW DRC2020-00177 – KIMLEY-HORN FOR HILLWOOD DEVELOPMENT CO.
February 2, 2021
Page 4
Parking and Landscaping: Pursuant to Development Code Section 17.64.050, 17.64.090 and
Table 17.64.050-1, auto parking for warehouse/storage uses is based on a tiered ratio as
illustrated in the table below. In addition, office areas require parking at 1 stall per 250 square
feet. Further, the development code requires 1 trailer loading stall for each dock door proposed.
As such, the proposed project is required to provide 183 auto parking stalls and 79 trailer
loading stalls for Building A, and 97 auto parking stalls and 20 trailer loading stalls for Building
B. The table below demonstrates the project’s compliance with all parking standards:
Parking Ratio Required
Parking
Provided
Parking Complies?
Warehouse/storage
and office
1 per 1,000 sf for the first
20,000 sf; 1 per 2,000 sf for
the next 20,000 sf, and 1 per
4,000 sf for remaining sf
Office requires 1 per 250 sf
Building
A: 183
stalls;
Building
B: 97
stalls
Building A:
275;
Building B:
108
YES
Trailer Loading
Stalls 1 per loading dock
Building
A: 79;
Building
B: 20
Building A:
87;
Building B:
20
YES
As noted, the applicant has included an alternative site plan which proposes only Building A, at
500,648 square feet, inclusive of 10,000 square feet of office area. In this alternative plan, the
project requires 183 auto parking stalls and 48 trailer loading stalls and provides 1,456 auto
parking stalls and 59 trailer loading stalls.
The project also meets all relevant landscape standards, as noted in the table above. The
landscape plan proposes approximately 287 new trees which provide a variety of 24-inch and
36-inch box trees, including but not limited to, “True Green” Chinese Elm trees (to be used as
parking lot shade trees), California Sycamore, Holly Oak, and California Pepper trees.
Ornamental ground cover, shrubs and vines make up the balance of the landscaped area. Staff
notes that as a condition of approval, the applicant shall provide a landscape plan which
demonstrates that the alternative site plan will comply with all landscape standards prior to the
issuance of building permits.
Tentative Parcel Map 20251: As mentioned, the project includes a request to approve a
Tentative Parcel Map to consolidate various parcels within the project area and subdivide them
into two new lots, Parcel I and Parcel II. Staff has reviewed the Tentative Parcel Map and has
determined that each proposed parcel complies with the relevant development standards.
Uniform Sign Program: Staff notes that the version of the project with two buildings may house
three or more tenants. As such, and pursuant to Development Code Section 17.16.060, the
Space/Landscape
Standards
10.7%
Note: the proposed “Alternative Site Plan” proposing only Building A also meets all relevant development standards
012012
DRC COMMENTS
DESIGN REVIEW DRC2020-00177 – KIMLEY-HORN FOR HILLWOOD DEVELOPMENT CO.
February 2, 2021
Page 5
applicant has prepared a Uniform Sign Program which is included as an exhibit (Exhibit D) to
this report for the committee’s review.
Staff Comments
Major Issues: The following broad design issues will be the focus of Committee discussion
regarding the project:
The project proposes an employee break area structure within the front setback of Building B.
Discuss relocating this structure.
Secondary Issues: Once all of the major issues have been addressed, and time permitting, the
Committee will discuss the following secondary design issues:
None.
Policy Issues: The following items are a matter of Planning Commission policy and should be
incorporated into the project design without discussion:
1. 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
office corner of the building. 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)
screened behind a 4-foot high wall. For this project, these walls shall be constructed of
poured in-place concrete with design elements incorporated to match the building.
2. Decorative paving shall be provided at each vehicle entrance to the site, behind the public
right-of-way. These decoratively paved areas shall extend from the front property line to the
building setback line and have a width equal to that of the driveway.
3. Downspouts shall not be visible from the exterior on any elevations of the building. All
downspouts shall be routed through the interior of the building walls.
Staff Recommendation: Staff recommends that the Design Review Committee forward the
item to the Planning Commission for their consideration.
Design Review Committee Action:
Staff Planner: Sean McPherson, AICP, Senior Planner
Staff Coordinator: Mike Smith, Principal Planner
Attachment: Exhibit A: Project Plans dated January 22, 2021
Exhibit B: Colored Elevations
Exhibit C: Uniform Sign Program
Exhibit D: Attachment A to Alternative Rail Serve Plan (Narrative)
013013
Conditions of Approval
Community Development Department
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
The project shall comply with all mitigation measures identified in the Environmental Impact Report SCH
No. (2020090076) and the corresponding Mitigation Monitoring and Reporting Program.
1.
The proposed public street shall be named Via Maris Place. This street name shall be submitted for
Planning Director review and approval in accordance with the adopted Street Naming Policy prior to
approval of the final map.
2.
Standard Conditions of Approval
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.
3.
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 appropriate discretionary body
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.
4.
This project is subject to public art requirement outlined in Chapter 17.124 of the Development Code, in
accordance with Development Agreement DRC2021-00175. The applicant shall be required to install
art onsite pursuant to Development Code Section 17.124 with a minimum value of $100,000, pursuant
to Development Agreement DRC2021-00175.
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.
5.
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.
6.
www.CityofRC.us
Printed: 12/2/2021
Exhibit L
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
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 at its own expense in the
defense of any such action but such participation shall not relieve applicant of his obligations under this
condition.
7.
Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of
Approval, and all environmental mitigations shall be included on the plans (full size). The sheet (s) are for
information only to all parties involved in the construction /grading activities and are not required to be
wet sealed/stamped by a licensed Engineer/Architect.
8.
The applicant shall be required to pay California Department of Fish and Wildlife Notice of
Determination & Environmental Impact Report fee. All checks are to be made payable to the Clerk of
the Board Supervisors and submitted to the Planning Department within 5 days of the approval of the
project by Planning Commission/City Council.
9.
Front yard and corner side yard landscaping and irrigation shall be required per the Development
Code. This requirement shall be in addition to the required street trees and slope planting. All
landscaping shall be installed to the satisfaction of the Planning Department prior to the issuance of final
occupancy.
10.
A detailed landscape and irrigation plan, including slope planting and model home landscaping in the
case of residential development, shall be prepared by a licensed landscape architect and submitted for
Planning Director review and approval prior to the issuance of Building Permits for the development or
prior final map approval in the case of a custom lot subdivision. For development occurring in the Very
High Fire Hazard Severity Zone, the landscape plans will also be reviewed by Fire Construction
Services.
11.
The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the
required landscape plans and shall be subject to Planning Director review and approval and
coordinated for consistency with any parkway landscaping plan which may be required by the
Engineering Services Department.
12.
Landscaping and irrigation systems required to be installed within the public right -of-way on the
perimeter of this project area shall be continuously maintained by the developer.
13.
The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any
signs proposed for this development shall comply with the Development Code and Uniform Sign
Program approved as part of this application. Sign plans shall be submitted for review and approval by
the Building and Planning Departments as necessary prior to the issuance of sign permits.
14.
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.
15.
www.CityofRC.us Page 2 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
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.
16.
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 office corner of the
building. 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)
screened behind a 4-foot high wall. For this project, these walls shall be constructed of poured in -place
concrete with design elements incorporated to match the building.
17.
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.
Decorative paving shall be provided at each vehicle entrance to the site, behind the public right -of-way.
These decoratively paved areas shall extend from the front property line to the building setback line and
have a width equal to that of the driveway.
18.
Prior to any use of the project site or business activity being commenced thereon, all Conditions of
Approval shall be completed to the satisfaction of the Planning Director.
19.
Occupancy of the facilities shall not commence until such time as all California Building Code and State
Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the
Rancho Cucamonga Fire Protection District and the Building and Safety Services Department to show
compliance. The buildings shall be inspected for compliance and final acceptance granted prior to
occupancy.
20.
All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for
consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building,
etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has
commenced, whichever comes first.
21.
Trash receptacle (s) are required and shall meet City standards. The final design, locations, and the
number of trash receptacles shall be subject to Planning Director review and approval prior to the
issuance of Building Permits.
22.
For commercial and industrial projects, paint roll -up doors and service doors to match main building
colors.
23.
This tentative tract map or tentative parcel map shall expire, unless extended by the Planning
Commission, unless a complete final map is filed with the Engineering Services Department within 3
years from the date of the approval.
24.
All building numbers and individual units shall be identified in a clear and concise manner, including
proper illumination and in conformance with Building and Safety Services Department standards, the
Municipal Code and the Rancho Cucamonga Fire Department (RCFD) Standards.
25.
www.CityofRC.us Page 3 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Engineering Services Department
Please be advised of the following Special Conditions
The existing driveways on Napa Street shall meet City Standard. If the driveways do not meet City
Standard the developer shall be responsible for the reconstruction of the driveways.
1.
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.
2.
Development impact fees are due prior to issuance of a building permit or certificate of occupancy per
the Engineering Fee schedule, Government Code Section 66000, et seq. and local ordinance. Pursuant
to Government Code Section 66020(d), the 90-day approval period in which the applicant may protest
these fees will begin at the date the fees are invoiced. Protests must be made in writing and be
delivered to the City Clerk prior to the close of business on the 90th day of the 90-day approval period
3.
RCMU Requirement: 1)Electric: The Rancho Cucamonga Municipal Utility (RCMU) shall be the
electrical service provider for all project related development. The Developer shall execute a Line
Extension Agreement for electric service and shall construct electrical distribution facilities in
accordance with such agreement and RCMU requirements and dedicate such facilities to the Rancho
Cucamonga Municipal Utility. RCMU’s existing underground electric system will be located off of
Etiwanda Ave.
4.
RCMU Requirement: 2)Fiber: The proposed development is slated to be included in the City ’s
Fiber Optic Master Plan that would provide a City owned Fiber-to-the-Premise (FTTP) infrastructure.
The City will require the developer to install a 1-4” UG Fiber Optic dark conduit on the north side of
Napa Street along the project boundary along with a 3’x4’x3’ pullbox on each end of the route and into
the project boundary. The size, placement and location of the conduit and vaults shall be shown on the
Street Improvement and/or Public Improvement Plans and subject to the Engineering Services
Department's review and approval prior to the issuance of building permits or final map approval,
whichever comes first.
On site, the City will require 1-2” UG HDPE or equal fiber optic conduit to be placed underground within
a duct and structure system to be installed joint trench by the Developer per Standard Drawing 135-137
and interconnected into the City's 4" fiber optic conduit. The size, placement and location of the conduit
and/or vaults shall run into the building's telecommunication room and be shown on the final dry utility
onsite substructure plans and subject to the Engineering Services Department's review and approval
prior to the issuance of building permits or final map approval, whichever comes first.
5.
RCMU Requirement: 3) Streetlights: The existing streetlights along the frontage of the project boundary
will need to be deeded to the City and retrofitted to the City ’s streetlight Standard Drawing 410. New
Streetlights shall be installed along the proposed Industrial Road along the west boundary. Developer
shall be responsible to coordinate and pay all costs of the street lights and to provide power to City
owned street lights.
6.
www.CityofRC.us Page 4 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
No grading, encroachment, or building permits will be issued until the northerly half portion of Napa St. is
annexed into the City.
7.
Relocation of Edison Facilities to the north side of Napa St. must be undergrounded per the City's
Undergrounding Policy. All electrical lines less than 66kv (telephone & cable) shall be undergrounded.
8.
Prior to approval of the parcel map the northerly half of Napa Street shall be annexed into the City.9.
www.CityofRC.us Page 5 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
Developer shall construct the following traffic improvements and dedicate the necessary right -of-way
consistent with the Project's TIA and determined necessary by the City Engineer
For Non-Sort Use
a) [DIF] For the intersection of Etiwanda Avenue and 6th Street - Install a traffic signal
b) [P] For the intersection of 4th Street at the I-15 SB Ramps and Ontario Mills Drive - Modify existing
traffic signal to implement a 130-second cycle length and overlap phasing for the westbound right turn
lane, restripe the southbound approach to provide one left turn lane, one through lane, and dual right turn
lanes. Modify the traffic signal to implement overlap phasing for northbound and southbound right turn
lanes.
For Sort Use
a) [P] For the intersection of Milliken Avenue and 4th Street - Modify the existing traffic signal to
implement overlap phasing on the westbound right turn lane and modify the traffic signal to implement
overlap phasing for the eastbound right turn lane.
b) [P] For the intersection of Etiwanda Avenue and Arrow Route - Install striping to implement a second
southbound left turn lane.
c) For the intersection of Etiwanda Avenue and Napa Street - Install striping to add a northbound right
turn lane and a second left turn lane. Modify the existing traffic signal to implement a northbound right
turn overlap and a westbound right turn overlap.
d) For the intersection of Haven Avenue and 4th Street - Modify the traffic signal to implement an
optimized cycle length.
e) For the intersection of Etiwanda Avenue and the I -10 eastbound ramps - Restripe the eastbound
shared left and right turn lane to a dedicated right turn lane
Reimbursement. An improvement identified as [P] in above is eligible for a 50% reimbursement of the
actual costs if first constructed by Developer and the same improvement is also required to be
constructed by the Bridge Point development. Developer may receive reimbursement of fifty percent
(50%) of the actual cost of these improvements if the improvements are first constructed by Developer
and the same improvements are also required to be constructed by the Bridge Point Rancho
Cucamonga project located at 12434 4th Street. Alternatively, if the improvement is first constructed by
the Bridge Point Rancho Cucamonga project, then Developer shall pay a reimbursement to the City,
which will be passed through to the Bridge Point Rancho Cucamonga project ’s developer, equal to fifty
percent (50%) of the actual cost of the improvements and is not required to construct the improvements .
Improvements identified as [DIF] are currently listed in the City ’s Transportation Development Impact
Fee Program and are eligible for credit and /or reimbursement up to the amounts identified in the
program as of the date of payment of the Transportation Development Impact Fees. If these
improvements are constructed by others prior to the development of this project, no credits or
10.
www.CityofRC.us Page 6 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
reimbursements shall be owed to Developer.
Fair Share Payment in lieu of Remaining Traffic Improvements. In lieu of constructing the opening year
and horizon year (2040) traffic improvements outlined in the TIA but not described above, Developer
shall have the right to pay a fair share fee into the City ’s Industrial Area Traffic Improvement Fund as
determined by the City Engineer (the “Fair Share Fee”). The Fair Share Fee shall be due prior to
issuance of the first certificate of occupancy for the Project.
New Public Street. Developer shall construct, consistent with the City ’s standards and to the satisfaction
of the City Engineer, a new public street on the west side of the Project site from Napa Street to the
Project’s northerly property line with APN 0229-291-55, to be classified as an Industrial Collector
(66-foot full-width right-of-way). Developer shall be responsible for all costs associated with the design
and construction of the new public street.
Standard Conditions of Approval
Dedication shall be made of the following rights -of-way on the perimeter streets (running from north to
south) along the west boundary:
66 total feet on "A" Street
The industrial road shall be located as shown on the conceptual plans along the westerly boundary and
extend from Napa Street northerly to the north property line.
11.
Rights-of-way and easements shall be dedicated to the City for all public streets, public landscape
areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as
shown on the plans and /or tentative map. Private easements for non -public facilities (cross-lot
drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map.
12.
A final drainage study shall be submitted to and approved by the City Engineer prior to the issuance of
Grading Permits. All drainage facilities shall be installed as required by the City Engineer.
13.
Adequate provisions shall be made for acceptance and disposal of surface drainage entering the
property from adjacent areas.
14.
A permit from the San Bernardino County Flood Control District is required if any grading work is
proposed within its right-of-way.
15.
Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from
the outer edge of a mature tree trunk.
16.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
** 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.
17.
Prior to approval of the parcel map or lot merger, a deposit shall be posted with the City covering the
estimated cost of apportioning the assessments under Assessment Districts LMD 3B, SLD 1 & SLD 6
and CFD 85-1 among the newly created parcels.
18.
Permits or approvals shall be obtained from the following agencies for any work that may impact/ is
within their right of way:
a) Metropolitan Water District;
b) San Bernardino County Flood Control District.
c) Southern California Edison
19.
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 a lot merger .
Formation costs shall be borne by the developer. The developer is required to annex into LMD 3B, SLD
1 & SLD 6 and CFD 85-1.
20.
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.
21.
Construct the following perimeter street improvements including, but not limited to:
Street Name: "A" Street & Napa
Curb & Gutter
A.C. Pvmt
Side-walk
Drive Appr.
Street Lights
Street Trees
22.
www.CityofRC.us Page 8 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
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.
23.
Improvement Plans and Construction:
a. Street improvement plans, including street trees, street lights, and intersection safety lights on future
signal poles, and traffic signal 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.
d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project
along major or secondary streets and at intersections for future traffic signals and interconnect wiring .
Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other
locations approved by 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.
24.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
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 the Public Improvement Plan." Where public
landscape plans are required, tree installation in those areas shall be per the public landscape
improvement plans.
Street Name: Napa Street and Industrial Street
Botanical Name: Platanus Racemosa
Common Name: California Sycamore
Min. Grow Space: 40' o/c
Spacing: 50' o/c
Size: 15 gal. min.
Qty.: to be determined during design
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.
25.
Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted
policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including
driveways. Local residential street intersections and commercial or industrial driveways may have lines
of sight plotted as required.
26.
During construction of "A" Street access shall be maintained for property to the north of the project site.27.
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.
28.
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.
29.
The developer shall be responsible for the relocation of existing utilities as necessary. Prior to the
approval of the Parcel/Final Map, or issuance of a rough or precise grading plan (whichever comes
first), the developer shall provide a non -interference letter (or equivalent) from Southern California
Edison Company.
30.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Standard Conditions of Approval
Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric
power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements
shall be provided as required.
31.
Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga
Valley Water District (CVWD), other local water or sewer districts, Rancho Cucamonga Fire Protection
District, and the Environmental Health Department of the County of San Bernardino. A letter of
compliance from the CVWD is required prior to final map approval or issuance of permits, whichever
occurs first. Such letter must have been issued by the water district within 90 days prior to final map
approval in the case of subdivision or prior to the issuance of permits in the case of all other residential
projects.
32.
Fire Prevention / New Construction Unit
Standard Conditions of Approval
The parcel in Rancho Cucamonga and the parcel proposed to be annexed into the City are 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.
Locking and latching hardware for access doors is required to be operable from the exterior of the
building and is required to be single action latch/lock release on the interior of the building.
2.
Access doors are required to be identified in accordance with Fire District Standard 5-5. The Standard
has been uploaded to the Documents section.
3.
Access doors are required to be distributed along the exterior of the building such that the lineal
distance between adjacent access doors does not exceed 125 feet measured center to center.
4.
Required alarm systems and supervision systems are required to be in accordance with Fire District
Standard 9-3. The Standard has been uploaded to the Documents section.
5.
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.
6.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Fire Prevention / New Construction Unit
Standard Conditions of Approval
The location, size, construction materials, or other features of this building and the associated project
are such that adequate emergency responder radio coverage may not be achievable within the building
that is proposed. It is highly recommended that a radio signal strength assessment is completed by San
Bernardino County Information Services Department (ISD). Please contact Tim Trager with County ISD
at 909-388-5563 or ttrager@isd.sbcounty.gov
Upon substantial completion and final completion of construction, the fire code official will oversee a
radio signal strength test that is in accordance with the California Fire Code. If acceptable radio
coverage cannot be achieved after construction is completed, equipment necessary to increase the
radio signal strength or otherwise allow adequate emergency responder radio communication will be
required to be installed.
7.
Fire flow information for this project is obtained from the Fontana Water Compnay (FWC). FWC can be
reached at 909-822-2201 or CustomerService@fontanawater.com.
8.
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. 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.
9.
Fire sprinkler are required to be installed in accordance with Fire District Standard 9-5. The Standard
has been uploaded to the Documents section.
10.
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.
11.
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.
12.
A Knox or Fire District padlock is required to be incorporated into the security system for a manually
operated gate that are installed across or provides access to a fire access road (fire lane).
13.
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.
14.
Roof access is required to be in accordance with Fire District Standard 5-6. The Standard has been
uploaded to the Documents section.
15.
Designated and conforming aerial apparatus access is required in accordance with Fire District
Standard 5-1. Show aerial apparatus access on the fire access plan. The Standard has been uploaded
to the Documents section.
16.
www.CityofRC.us Page 12 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Fire Prevention / New Construction Unit
Standard Conditions of Approval
Fire apparatus access (fire lane) design, construction, and identification are required to be in
accordance with Fire District Standard 5-1. The Standard has been uploaded to the Documents
section.
17.
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.
18.
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.
19.
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.
20.
Public and private fire service water mains, public and private hydrants, water control valves, fire
sprinkler risers, fire department connections (FDCs), and other fire protection water related devices and
equipment are required to be provided, designed, and installed in accordance with Fire District
Standard 5-10. The Standard has 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, energy calculations and soils report 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 which are effective at the time of Plan Check Submittal. The new structures are required to be
equipped with automatic fire sprinklers per the California Building Code and Current RCFPD
Ordinance. Disabled access for the site and buildings must be in accordance to the State of California
and ADA regulations. If it is anticipated that there will be a need for temporary fire protection water
supply and/or temporary fire access, submit a separate plan for review and approval that complies with
RCFD Standard 33-3.
Where no public sewer is available an onsite wastewater system for each building shall be designed
and installed per the Local Agency Management Program Ordinance No. 936. A separate submittal
and permit is required for this submittal.
The Metropolitan Water District (MWD) Feeder Line shall be protected from building surcharge and
vehicular loading as noted in the MWD letter dated June 2, 2020. A letter of review and approval from
MWD of the grading plan, drainage plan, septic plan, and building plans is required prior to issuance of
a building permit.
1.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Prior to issuance of a grading permit for non -residential projects the applicant shall show on the
electrical plans and the permitted grading plan set the location for a future installation of an Electric
Vehicle (EV) charging station/parking area per the current adopted California Green Building
Standards Code, section 5.106.5.3.
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 Engineering Services Department prior to the issuance of
building permits.
4.
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”.
5.
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.
6.
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.
7.
If a Rough Grading and Drainage Plan /Permit are submitted to the Engineering Services Department
for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading
and Drainage Plan/Permit.
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.
www.CityofRC.us Page 14 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking
stall gradient at 7 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 City Engineer, or his designee.
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.
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.
All roof drainage flowing to the public right of way (Napa Street) must drain under the sidewalk through a
parkway culvert approved by the Engineering Department. This shall be shown on both the grading and
drainage plan and Engineering Services Department required plans.
17.
Prior to issuance of a grading permit the applicant shall show on the site plan and the permitted grading
plan set for non-residential projects the designated parking for clean air vehicles per the current
adopted California Green Building Standards Code, section 5.106.5.2.
18.
Prior to approval of the project -specific storm water quality management plan, the applicant shall submit
to the City Engineer, 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.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
A drainage study showing a 100-year, AMC 3 design storm event for on -site drainage shall be
prepared and submitted to the Engineering Services Department 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.
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.
21.
San Bernardino County Flood Control District (SBCFCD) shall approve all plans that impact their right
of way, including utilities, storm drain, slopes, and street trees and landscaping prior to issuance of a
grading permit. A note shall be included on all pertinent plans requiring SBCFCD to be notified two
working days prior to starting any work in the vicinity of their easement.
22.
Prior to issuance of a grading permit the applicant shall obtain written comments from San Bernardino
County Flood Control District regarding site design restrictions within their easement and provide a
copy of said comments to the Engineering Services Department for review.
23.
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).
24.
Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of
the project Conditions of Approval.
25.
Metropolitan Water District (MWD) shall approve all plans that impact their easement, including utilities,
storm drain, slopes, and street trees and landscaping prior to issuance of a grading permit. A note shall
be included on all pertinent plans requiring Metropolitan Water District Operations Maintenance Branch
to be notified two working days prior to starting any work in the vicinity of their easement.
26.
Prior to issuance of a grading permit the applicant shall obtain written comments from MWD regarding
site design restrictions within their easement and provide a copy of said comments to the City Engineer
for review.
27.
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
Engineering Services Department and then recorded with the County Recorder’s Office.
28.
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.
29.
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Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for
each underground infiltration device, with the Facility ID Number assigned, to the Engineering Services
Department Official prior to issuance of the Grading Permit and /or approval of the project-specific
Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the
permitted grading plan set, and a copy of said form shall be included in the project -specific Water
Quality Management Plan.
30.
The land owner shall provide an inspection report by a qualified person /company on a biennial basis for
the Class V Injection Wells /underground infiltration chambers to the City of Rancho Cucamonga
Environmental Program Manager. The land owner shall maintain on a regular basis all best
management practices (BMP”s) as described in the Storm Water Quality Management Plan (WQMP)
prepared for the subject project. All costs associated with the underground infiltration chamber are the
responsibility of the land owner.
31.
The land owner shall provide an inspection report on a biennial basis for the structural storm water
treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental
Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water
Quality Management Plan prepared for the subject project. All costs associated with the underground
infiltration chamber are the responsibility of the land owner.
32.
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.
33.
A final project-specific Storm Water Quality Management Plan (WQMP) shall be approved by the City
Engineer, 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.
34.
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.
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.
www.CityofRC.us Page 17 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
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.
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.
40.
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.
41.
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.
42.
www.CityofRC.us Page 18 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
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.
43.
Prior to the issuance of a grading permit by the City of Rancho Cucamonga, the applicant shall obtain
grading permits from the two adjacent parcels that front along Napa Street, from the Authority Having
Jurisdiction (AHJ) over those parcels.
44.
www.CityofRC.us Page 19 of 20Printed: 12/2/2021
Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185,
DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251
Project Name: Napa Industrial Development
Location: -- - 022929154-0000
Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line
Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
Written permission shall be obtained from Metropolitan Water District (MWD) for any work within their
right-of-way, including grading prior to issuance of a grading permit.
45.
A permit shall be obtained from San Bernardino County Flood Control District if any work is proposed
within their right-of-way, including grading prior to issuance of a grading permit.
46.
www.CityofRC.us Page 20 of 20Printed: 12/2/2021
Page 1
DATE: December 8, 2021
TO: Chairman and Members of the Planning Commission
FROM: Jason Welday, Engineering Director
INITIATED BY: Justine Garcia, Deputy Director of Engineering Services
SUBJECT:
Findings of General Plan Conformity for Real Property Acquisition of
Approximately 3.37 Acres Located on the East Side of Cherry Avenue North of the
I-15 Freeway; APN: DD004461-01-03
RECOMMENDATION:
Staff recommends the Planning Commission adopt the attached Resolution finding that the proposed acquisition
of 3.37 acres of real property, for recreational opportunities located on the east side of Cherry Avenue north of
the I-15 freeway is in conformance with the City’s General Plan.
BACKGROUND:
The subject property (the “site”) is a parcel of approximately 3.37 acres located on the east side of Cherry Avenue
north of the I-15 freeway. The parcel is triangular in shape with dimensions of 244 feet on the west, 1,566 feet
on the north, 52 feet on the east and 1,766 feet on the south. The site is currently undeveloped Caltrans right -
of-way, left over from when I-15 was constructed. Caltrans has determined that this parcel is no longer needed
for right-of-way purposes.
Because this parcel is Caltrans right-of-way, there is currently no Land Use, General Plan, or Zoning designations
for the site. Once it is determined what type of project will be placed on the property, staff will designate the
appropriate land use, general plan, and zoning designations. The adjacent parcels to the north and west are
designated as follows:
Land Use General Plan Zoning
Site Vacant None None
North Vacant General Commercial General Commercial
West Flood Control Open Space Flood Control/Utility Corridor
ANALYSIS:
Government Code Section 65402(a) requires a City’s planning agency, i.e. Planning Commission, review and
report upon whether the location, purpose, and extent of a proposed real property acquisition by the City for
public purposes is consistent with the General Plan as described below:
a) If a general plan or part thereof has been adopted, no real property shall be
acquired by dedication or otherwise for street, square, park or other public
purposes, and no real property shall be disposed of, no street shall be vacated or
abandoned, and no public building or structure shall be constructed or authorized,
if the adopted general plan or part thereof applies thereto, until the location,
Page 2
purpose and extent of such acquisition or disposition, such street vacation or
abandonment, or such public building or structure have been submitted to and
reported upon by the planning agency as to conformity with said adopted general
plan or part thereof. The planning agency shall render its report as to conformity
with said adopted general plan or part thereof within forty (40) days after the matter
was submitted to it, or such longer period of time as may be designated by the
legislative body.
The City is in the process of the acquisition of the above detailed site for potential recreation or other public use
to be determined at a later date. Staff has reviewed the proposed real property acquisition and has determined
that the location, purpose, and the extent of the acquisition conforms with the applicable policies set forth in the
City’s General Plan, including:
• Land Use Policy LU-3.4 which promotes “development that is sustainable in its use of land and that limits
impacts to natural resources, energy, and air and water quality.”
• Economic Development Policy ED-2.3 which encourages the expansion of “recreation and cultural
attractions to enhance tourism/visitor potential”.
• Community Services Policy CS-1.1 which encourages the provision of “adequate park and recreational
facilities that meet the City standard of 5.0 acres of parkland (including trails and special facilities) for
every 1,000 persons.”
• Community Services Policy CS-1.2 encouraging the development of “parks that contribute to active and
healthy lifestyles and allow for a balanced commitment to both organized recreation activities and passive
park environments.”
• Public Safety Policy PS-10.1 which encourages “efforts to reduce air pollution and greenhouse gas
emissions by implementing effective energy conservation and efficiency measures and promoting the
use of renewable energy.”
• Public Safety Policy PS 10.2 which encourages the integration of “air quality planning with land use,
economic development and transportation planning.”
EXHIBITS:
Exhibit A – Vicinity Map
Exhibit B – Aerial Photo of the Subject Site
Exhibit C – Resolution
VICINITY MAP
APN: DD004461
Exhibit A
AERIAL PHOTO OF SUBJECT SITE
APN: DD004461
VICINITY MAP
APN: DD004461
Exhibit B
RESOLUTION NO. 21-72
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, FINDING THAT THE
PROPOSED ACQUISITION OF 3.37 ACRES OF REAL PROPERTY
LOCATED AT ON THE EAST SIDE OF CHERRY AVENUE NORTH OF
THE I-15 FREEWAY (APN: DD004461-01-03) IS IN CONFORMANCE
WITH THE CITY’S GENERAL PLAN
A.Recitals.
1.The City of Rancho Cucamonga proposes the acquisition of 3.37 acres of real property
as described in the title of this Resolution. Hereinafter in this Resolution, the subject acquisition
is referred to as the “proposal."
2.On the 8th day of December 2021, the Planning Commission of the City of
Rancho Cucamonga received and considered the subject Director’s Report on said proposal on
that date.
3.All legal prerequisites prior to the adoption of this Resolution have occurred.
B.Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Commission of the City of Rancho Cucamonga as follows:
1.This Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2.Based upon the substantial evidence presented to this Commission during the
above-referenced Director’s Report on December 8, 2021, including written and oral staff reports,
together with public testimony, this Commission hereby specifically finds as follows:
a.The subject property (the “site”) is a parcel of 3.37 acres located on the east side
of Cherry Avenue north of the I-15 Freeway.
b.The parcel has dimensions of approximately 244 feet on the west, 1,566 feet on
the north, 52 feet on the east, and 1,766 feet on the south. The site is currently undeveloped
Caltrans right-of-way, left over from when the I-15 wa construted.
c.The existing Land Use, General Plan and Zoning designations for the project site
and adjacent properties are as follows:
Land Use General Plan Zoning
Site Vacant None None
North Vacant General Commercial General Commercial
West Flood Control Open Space Flood Control/Utility Corridor
Exhibit C
PLANNING COMMISSION RESOLUTION NO. 21-72
FINDINGS OF GENERAL PLAN CONFORMITY - CITY OF RANCHO CUCAMONGA
December 8, 2021
Page 2
d. Government Code Section 65402(a) requires a city’s planning agency, i.e.
Planning Commission, review and report upon whether the location, purpose, and extent of a
proposed real property acquisition by the city for public purposes is consistent with the General
Plan as described below:
If a general plan or part thereof has been adopted, no real property shall
be acquired by dedication or otherwise for street, square, park or other
public purposes, and no real property shall be disposed of, no street shall
be vacated or abandoned, and no public building or structure shall be
constructed or authorized, if the adopted general plan or part thereof
applies thereto, until the location, purpose and extent of such acquisition or
disposition, such street vacation or abandonment, or such public building
or structure have been submitted to and reported upon by the planning
agency as to conformity with said adopted general plan or part thereof. The
planning agency shall render its report as to conformity with said adopted
general plan or part thereof within forty (40) days after the matter was
submitted to it, or such longer period of time as may be designated by the
legislative body.
e. The City is in the process of the acquisition of the site for potential recreation or
other public use to be determined at a later date.
f. The location, purpose, and the extent of the acquisition conforms with the
applicable policies set forth in the City’s General Plan, including:
1. Land Use Policy LU-3.4 which promotes “development that is sustainable
in its use of land and that limits impacts to natural resources, energy, and
air and water quality.”
2. Economic Development Policy ED-2.3 which encourages the expansion of
“recreation and cultural attractions to enhance tourism/visitor potential”.
3. Community Services Policy CS-1.1 which encourages the provision of
“adequate park and recreational facilities that meet the City standard of 5.0
acres of parkland (including trails and special facilities) for every 1,000
persons.”
4. Community Services Policy CS-1.2 encouraging the development of “parks
that contribute to active and healthy lifestyles and allow for a balanced
commitment to both organized recreation activities and passive park
environments.”
5. Public Safety Policy PS-10.1 which encourages “efforts to reduce air
pollution and greenhouse gas emissions by implementing effective energy
conservation and efficiency measures and promoting the use of renewable
energy.”
6. Public Safety Policy PS 10.2 which encourages the integration of “air
quality planning with land use, economic development and transportation
PLANNING COMMISSION RESOLUTION NO. 21-72
FINDINGS OF GENERAL PLAN CONFORMITY - CITY OF RANCHO CUCAMONGA
December 8, 2021
Page 3
planning.”
3. Based upon the findings set forth in paragraph 2 above, this Commission hereby
determines that the proposed acquisition of the site for potential economic development conforms
with the City’s General Plan.
4. This Commission hereby directs the Planning Director to forward a copy of this
Resolution to the City Council.
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF DECEMBER 2021.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Francisco Oaxaca, Chairman
ATTEST:
Anne McIntosh, AICP, Secretary
I, Anne McIntosh, AICP, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced,
passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular
meeting of the Planning Commission held on the 8th day of December 2021, by the following
vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: