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HomeMy WebLinkAboutAppendix L - MMRP_Walnut Residential ProjectMITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 1 This Mitigation Monitoring and Reporting Program has been prepared for use in implementing mitigation for the: Fontana Walnut Residential Project Master Case No. 24-0060 Residential Development Site Case Nos. 24-0004GPA, 24-0004ZCA, 24-0009TTM, 24-0023CUP, and 24-0031DRP Upzone Properties Case Nos. 24-0007GPA and 24-0006ZCA The program has been prepared in compliance with State law and the Mitigated Negative Declaration (MND) prepared for the Fontana Walnut Residential Project (project) by the City of Fontana (City). The California Environmental Quality Act (CEQA) requires adoption of a reporting or monitoring program for those measures placed on a project to mitigate or avoid significant effects on the environment (Public Resource Code Section 21081.6). The law states the reporting or monitoring program shall be designed to ensure compliance during project implementation. The monitoring program contains the following elements: 1) The mitigation measures are recorded with the action and procedure necessary to ensure compliance. In some instances, one action may be used to verify implementation of several mitigation measures. 2) A procedure for compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3) The program has been designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. As changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program. This Mitigation Monitoring and Reporting Program includes mitigation identified in the MND. As discussed in the MND, the project includes construction and operation of a 393-unit residential development and associated parking, drive aisles, fencing, landscaping, utilities, and site amenities on approximately 30.99 gross acres (30.53 net acres) on Assessor’s Parcel Numbers (APNs) 0228- 051-01, 0228-051-14 through -17, 0228-051-19 through -21, 0228-052-01, 0228-052-25 through -27, 0228-061-02 through -14, 0228-061-16 through -18, 0228-061-20 through -25, and 0228-331-05. This is referred to as the “Residential Development Site.” The project also includes the upzone of two parcels (APNs) 0194-391-20 and 0256-131-16) totaling 56.1 acres from Residential Planned Community (R-PC; 3.0-6.4 du/ac) to Multi Family Medium/High Density Residential (R-4; 24.1-39 du/ac). These are referred to as the “Upzone Properties.” No development action is proposed on the Upzone Properties at this time, nor is it known if or when any such development would occur in the future. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 2 The first column of the MMRP checklist (Mitigation Measure No./Implementing Action) identifies the mitigation measure number followed by the measure’s applicability (i.e., Both sites [Residential Development Site and Upzone Properties], Residential Development Site only, or Upzone Properties only). MITIGATION MONITORING AND RESPONSIBILITIES As the Lead Agency, the City is responsible for ensuring full compliance with the mitigation measures adopted for the proposed project. The City will monitor and report on all mitigation activities. Mitigation measures will be implemented at different stages of development throughout the project site. In this regard, the responsibilities for implementation have been assigned to the Applicant, Contractor, or a combination thereof. If during the course of project implementation, any of the mitigation measures identified herein cannot be successfully implemented, the City shall be immediately informed, and the City will then inform any affected responsible agencies. The City, in conjunction with any affected responsible agencies, will then determine if modification to the project is required and/or whether alternative mitigation is appropriate. STANDARD CONDITIONS Standard Conditions are presented in instances where the proposed project would not create a significant impact but would be required to adhere to regulatory requirements in order to ensure impacts do not become significant. Standard Conditions outline compliance with various federal, State, and/or local acts, laws, rules, regulations, municipal codes, etc. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 3 THIS PAGE INTENTIONALLY LEFT BLANK MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 4 MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance AESTHETICS MITIGATION MEASURES AES-1/Both sites: For future development associated with the project located in or immediately adjacent to residentially zoned property, the following General Condition of Approval shall be imposed: Construction documents shall include language that requires all construction contractors to strictly control the staging of construction equipment and the cleanliness of construction equipment stored or driven beyond the limits of the construction work area. Construction equipment shall be parked and staged within the project site to the extent practical. Staging areas shall be screened from view from residential properties with solid wood fencing or green fence. Construction worker parking may be located offsite with approval of the City; however, on-street parking of construction worker vehicles on residential streets shall be prohibited. Vehicles shall be kept clean and free of mud and dust before leaving the project site. Surrounding streets shall be swept daily and maintained free of dirt and debris. City of Fontana Community Development Director, or designee. Prior to and during construction. Submittal to City of project construction plans that include language that requires all construction contractors to strictly control the staging of construction equipment and the cleanliness of construction equipment stored or driven beyond the limits of the construction work area. Withold grading permit or issuance of stop work order. AIR QUALITY Mitigation Measure AIR-1/Upzone Properties only: Prior to issuance of demolition, grading, and/or building permits for any development on the Upzone Properties, the applicant of said development shall provide evidence to the City of Fontana (City) that project- specific Air Quality Impact Analyses have been City of Fontana Community Development Director or designee, and/or Prior to issuance of demolition, grading, and/or building permits; during project operations. Evidence to the City: • Project-specific Air Quality Impact Analyses have been prepared; Withhold demolition, grading, and/or building permits. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 5 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance completed for said developments. Project applicants shall further demonstrate, subject to review and approval of the City, the emissions reduction measures (if any) identified in the Air Quality Impact Analysis have been fully incorporated into the design of structures proposed on the Upzone Properties to the extent criteria pollutant emissions are reduced to at or below South Coast Air Quality Management District (SCAQMD) standards in effect at the time each project-specific development is proposed. Emissions reduction measures during construction shall include use of construction equipment rated by the United States Environmental Protection Agency as having Tier 4 (model year 2008 or newer) Final or stricter emission limits for all off-road construction equipment. If Tier 4 Final equipment is not available, project applicants shall provide documentation (e.g., rental inventory requests), to the City’s satisfaction, or otherwise demonstrate its unavailability to the City of Fontana prior to the issuance of any construction permits. During construction, construction contractors shall maintain a list of all operating equipment in use on the construction site for verification by the City of Fontana. The construction equipment list shall state the makes, models, Equipment Identification Numbers, Engine Family Numbers, and number of construction equipment on-site. Construction contractors shall use paints with a volatile organic compound (VOC) content that meets the South Coast Air Quality Management District Super Compliant architectural coatings standard of 10 grams per liter Planning Department, or designee. • Emissions reduction measures (if any) identified in each Air Quality Impact Analysis have been fully incorporated into project design; • Construction equipment in use is rated by the United States Environmental Protection Agency as having Tier 4 (model year 2008 or newer) Final or stricter emission limits, as feasible; • A list of all operating equipment in use on the construction site; • Use of paints with a volatile organic compound (VOC) content that meets the South Coast Air Quality Management MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 6 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance (g/L) or less for coating architectural surfaces. All landscaping equipment (e.g., leaf blower) used for property management shall be electric powered only. The property manager/facility owner shall provide documentation (e.g., purchase, rental, and/or services agreement) to the City of Fontana Planning Department to verify to the City’s satisfaction that all landscaping equipment utilized will be electric powered. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to and verified by the City. District Super Compliant architectural coatings standard of 10 grams per liter (g/L) or less; and • Documentation that all landscaping equipment used for property management is electric powered. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-1/Both sites: Preconstruction surveys for burrowing owl shall be conducted prior to vegetation clearing or grading of the Residential Development Site and Upzone Properties. Two surveys are required and shall follow the methods described in the California Department of Fish and Wildlife (CDFW’s) Staff Report on Burrowing Owl Mitigation. The first survey shall be conducted between 30 and 14 days before initial ground disturbance (grading, grubbing, and construction), and the second survey shall be conducted no more than 24 hours prior to initial ground disturbance. If burrowing owls and/or suitable burrowing owl burrows are identified on the Residential Development Site or Upzone Properties during the survey, the project Applicant(s) shall consult with CDFW and follow the methods listed in the CDFW’s Staff Report on Burrowing Owl Mitigation for avoidance City of Fontana Community Development Director, or designee. Prior to the start of vegetation clearing or grading activities and during vegetation clearing and grading activities. Evidence to the City: • A qualified biologist is retained; • The required pre- construction surveys are completed; • If necessary, a burrowing owl protection and relocation program is established and submitted to the CDFW and USFWS Withold grading permit or issuance of stop work order. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 7 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance and/or passive relocation. If burrowing owls or suitable burrowing owl burrows with sign (e.g., whitewash, pellets, feathers, prey remains) are identified on the Residential Development Site or Upzone Properties during the survey(s), these features must be completely avoided. If impacts to those features are unavoidable, then the project Applicant(s) must develop a burrowing owl mitigation plan in consultation with CDFW. Mitigation methods may include passive relocation conducted outside of the owl breeding season (between September 1 and February 28). If an active owl burrow is identified, and construction is to proceed, then a qualified biologist (with two or more years of burrowing owl experience) must establish an initial disturbance-limit buffer of 500 feet around the burrow using flagging or staking. The buffer distance may be reduced in coordination with CDFW depending on time of year (i.e., in or out of breeding season), level of construction activity, and observed behavior of the burrowing owls. Construction activities shall not occur within any buffer zones until the burrow is deemed inactive by the qualified biologist. This measure shall be implemented to the satisfaction of the City of Fontana Community Development Director or designee. for review and approval; • Appropriate avoidance buffers are established; and • Required and applicable provisions of the burrowing owl protection and relocation program are satisfied prior to the start of any on-site ground disturbance activity. MITIGATION MEASURE BIO-2/Residential Development Site only: If the Crotch bumble bee is no longer a Candidate or formally Listed species under the California Endangered Species Act (ESA) at the time ground-disturbing activities occur, then no additional protection measures are proposed for the species. Furthermore, if grading and all other initial ground City of Fontana Community Development Director, or designee. Prior to the start of any on-site ground disturbance activity and during ground disturbing activities. Evidence to the City: • A qualified biologist is retained; • The required pre- construction Withhold grading permit or issuance of stop work order. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 8 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance disturbance are restricted to the period of September- January, no survey or other measure for this species is required. If the Crotch bumble bee is legally protected under the California ESA as a Candidate or Listed species at the time clearing of vegetation or grading are scheduled to begin, and if vegetation clearing or initial grading is to occur during the period of February-March (the queen flight season) or April-August (the colony active period), a preconstruction survey for Crotch bumble bee shall be conducted in accordance with California Department of Fish and Wildlife (CDFW’s) Survey Considerations for California ESA Candidate Bumble Bee Species. The survey shall be conducted prior to ground disturbance and within the same queen flight season or colony active period in which the ground disturbance is to occur. The survey shall consist of a minimum of three survey visits, each at least two weeks apart. The survey shall be completed by a biologist who holds a Memorandum of Understanding to capture and handle Crotch bumble bee (if a netting and chilling protocol is to be utilized) or by a CDFW-approved biologist experienced in identifying native bumble bee species (if surveys are restricted to visual surveys with photo documentation for species verification). If Crotch bumble bee is detected, the biologist shall conduct a bumble bee nesting survey in accordance with CDFW’s Survey Considerations for California ESA Candidate Bumble Bee Species. If an active Crotch bumble bee nest is detected, the biologist shall establish a 50-foot no-disturbance buffer (including foraging resources and flight corridors essential for supporting surveys are completed, and, if necessary, coordination with CDFW to determine if an Incidental Take Permit under Section 2081 of the California ESA would be required; • Appropriate nest avoidance buffers are established; and • Required and applicable provisions of the Crotch bumble bee protection are satisfied prior to the start of any on- site ground disturbance activity. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 9 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance the colony) around the nest, which may be adjusted at the direction of the approved biologist in coordination with CDFW based on behavior of the bees and their ability to continue foraging, to reduce the risk of disturbance or accidental take. If an active Crotch bumble bee nest is detected, the biologist shall also coordinate with CDFW to determine if an Incidental Take Permit under Section 2081 of the California ESA would be required. The nest avoidance buffer may be removed at the completion of the colony active period or once the biologist deems the nesting colony is no longer active and CDFW has provided concurrence of that determination. If no nest is found but the species is present, a full-time biological monitor with the qualifications described above or otherwise approved by CDFW shall be present during ground disturbing activities that occur during the queen flight period or colony active period. Because bumble bees move nest sites each year, this measure shall be implemented during each subsequent year of construction, regardless of the previous year’s findings, whenever ground disturbing activities are to occur and nesting and foraging habitat are still present. This measure shall be implemented to the satisfaction of the City of Fontana Community Development Director or designee. MITIGATION MEASURE BIO-3/Residential Development Site only: Within 14 days prior to the start of clearing of vegetation, removal of any abandoned portable structure, or grading, a qualified bat biologist shall conduct a bat survey of abandoned portable structures and trees scheduled for removal to City of Fontana Community Development Director, or designee. Prior to the start of clearing of vegetation, removal of any abandoned portable structure, or grading Evidence to the City: • A qualified biologist is retained; Withold grading permit or issuance of stop work order. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 10 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance determine the presence or absence of bats. If evidence of bat occupation is present, the biologist shall conduct follow-up nighttime emergence surveys to determine the species present and to evaluate the size and significance of the colony. If roosting bats are determined to be present, the qualified bat biologist shall prepare a Bat Management Plan that must outline project-specific protective measures to avoid and minimize impacts to roosting bats during project construction. This measure shall be implemented to the satisfaction of the City of Fontana Community Development Director or designee. and during project construction. • The required pre- construction survey is completed; and • If necessary, prepare a Bat Management Plan with appropriate measures to avoid and minimize impacts to bats. MITIGATION MEASURE BIO-4/Both sites: If trees are scheduled to be removed (e.g., relocating) or modified (i.e., trimming) that were determined to be suitable for bat roosting, these activities shall be scheduled during seasonal periods of bat activity - September 1 to October 15 or when evening temperatures are not below 45 degrees (Fahrenheit) or rainfall in excess of 0.5 inch within 24 hours; or between March 1-April 15 with the same parameters: 1. If tree removal/modification must occur during the maternity season (generally from April 16 to August 31), a qualified bat biologist shall conduct a focused emergence survey(s) of the tree(s) within 48 hours of scheduled work. If a maternity roost is located, whether solitary or colonial, that roost shall remain undisturbed until after the maternity season or until a qualified biological monitor has determined the roost is no longer active. City of Fontana Community Development Director, or designee. Within 48 hours of scheduled work and during construction. Evidence to the City: • A qualified biologist is retained; • If necessary, conduct a focused emergence survey(s) of the tree(s); and • If applicable, tree removal occurs in accordance with the mitigation measure. Issuance of stop work order. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 11 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance 2. If trees with suitable bat roosting habitat are scheduled for removal or relocation outside of the maternity season, tree removal during the weather parameters described above using the two-step method shall be conducted: i. Vegetation and trees within the area that are not suitable for roosting bats shall be removed first to provide a disturbance that might reduce the likelihood of bats using the habitat. ii. Two-step tree removal shall occur over two consecutive days under the supervision of a qualified bat biologist. On Day 1, small branches and small limbs containing no cavity, crevice or exfoliating bark habitat on habitat trees (or outer fronds in the case of palm trees), as identified by a qualified bat biologist are removed first, using chainsaws only (i.e., no dozers, backhoes). The following day (Day 2), the remainder of the tree is to be felled/removed. (The intention of this method is to disturb the tree with noise and vibration and branch removal on Day 1. This should cause any potentially present day-roosting bats to abandon the roost tree after they emerge for nighttime foraging. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 12 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance Removing the tree quickly the next consecutive day shall avoid reoccupation of the tree by bats). This measure shall be implemented to the satisfaction of the City of Fontana Community Development Director or designee. MITIGATION MEASURE BIO-5/Upzone Properties only: The City of Fontana Planning Department shall require that all future project applicants proposing to develop any portion of the Upzone Properties prepare a Biological Assessment in conjunction with a project-level analysis. The Biological Assessment shall include a vegetation map of the proposed project area, analysis of the impacts associated with plant and animal species and habitats, and conduct habitat evaluations for rare, threatened, endangered, and otherwise special-status species, which at a minimum, shall include occurrence potential for burrowing owl, Delhi Sands flower-loving fly, San Diego pocket mouse, western mastiff bat, western yellow bat, and San Diego desert woodrat. If any of these or other rare, threatened, endangered, or otherwise special-status species are determined to be present, then coordination with the U.S. Fish and Wildlife Service and/or California Department of Fish and Wildlife shall be concluded to determine what, if any, permits or clearances are required prior to development. Each project-level Biological Assessment shall include an analysis of potential impacts to rare plants and rare natural communities in accordance with the California Department of Fish and Wildlife’s guidance for Protocols City of Fontana Community Development Director or designee, and/or Planning Department, or designee. At the time of project- level analysis of future projects proposed within the Upzone Properties. Evidence to the City: • A qualified biologist is retained; and • A project-specific Biological Assessment has been prepared by the qualified biologist, including all required elements. Withhold demolition, grading, and/or building permits. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 13 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities, as amended. The Biological Assessment shall prescribe actions necessary to mitigate the impacts identified for a particular project. Such actions shall include either avoidance of a sensitive resource, or payment of in-lieu fees that shall be used to purchase off-site replacement habitat. In instances where transplantation/relocation, off-site preservation, or fee payment is selected, habitat mitigation ratios shall be a minimum of 1:1, unless a greater ratio is required by a state or federal wildlife agency. The requirements of the Biological Assessment shall be a condition of approval of the individual development project. MITIGATION MEASURE BIO-6/Upzone Properties only: Mitigation shall be provided for removal of any natural habitat, including restoration of degraded habitat of the same type, creation of new or extension of existing habitat of the same type, financial contribution to a habitat conservation fund administered by a Federal, State, or local government agency, or by a non-profit agency conservancy. City of Fontana Community Development Director, or designee. Prior to the start of vegetation clearing or grading activities. Evidence to the City that mitigation is provided for the removal of any natural habitat. Withold grading permit. MITIGATION MEASURE BIO-7/Upzone Properties only: Evidence of satisfactory compliance shall be provided by project applicant with any required State and/or Federal permits, prior to issuance of grading permits for individual projects. City of Fontana Community Development Director, or designee. Prior to the start of any on-site ground disturbance activity and during ground disturbing activities. Evidence to the City that satisfactory compliance is provided with any required State and/or Federal permits. Withold grading permit. MITIGATION MEASURE BIO-8/Upzone Properties only: Any development that results in the potential take or substantial loss of occupied habitat for any threatened City of Fontana Community Development Prior to the start of vegetation clearing or grading activities. Evidence to the City: • Formal consultation with the Withold grading permit. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 14 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance or endangered species shall conduct formal consultation with the appropriate regulatory agency and shall implement required mitigation pursuant to applicable protocols. Consultation shall be on a project-by-project basis and measures shall be negotiated independently for each development project. Director, or designee. appropriate regulatory agency has occurred; and • Required mitigation pursuant to applicable protocols is implemented. MITIGATION MEASURE BIO-9/Upzone Properties only: For future development proposals that could potentially affect jurisdictional drainages or wetlands (to be determined by the City of Fontana Planning Department), the project applicant shall prepare a jurisdictional delineation to determine the extent of jurisdictional area, if any, as part of the regulatory permitting process. City of Fontana Community Development Director or designee, and/or Planning Department, or designee. During the regulatory permitting process for future projects proposed within the Upzone Properties. Evidence to the City that a jurisdictional delineation has been prepared to determine the extent of jurisdictional area. Withold grading permit. MITIGATION MEASURE BIO-10/Both sites: If construction or other project activities are scheduled to occur during the nesting bird season (generally February 1 through August 31), a preconstruction nesting bird survey shall be conducted by a qualified avian biologist to ensure that active bird nests would not be disturbed or destroyed. The survey shall be completed no more than three days prior to initial clearing of vegetation or grading. The nesting bird survey shall include the Residential Development Site and adjacent areas where project activities have the potential to affect active nests, either directly or indirectly, due to construction activity, noise, human activity, or ground disturbance. City of Fontana Community Development Director, or designee. Prior to initial clearing of vegetation and grading and during project construction. Evidence to the City: • A qualified biologist is retained; and • The required pre- construction survey is completed, and, if necessary, appropriate buffers are established and monitored until the nesting effort is finished. Issuance of stop work order. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 15 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance If an active nest is identified, a qualified avian biologist shall establish an appropriately sized non-disturbance buffer between 100 and 300 feet (500 feet for raptors) around the nest, depending on bird species, behavior, and level of construction activity, using flagging or staking. Construction activities shall not occur within any non-disturbance buffer zones until the nest is deemed inactive by the qualified avian biologist. If initial ground- disturbing activities are scheduled to occur during the nesting bird season, then a biological monitor shall be present during all vegetation removal activities to ensure no impacts to nesting birds occur. CULTURAL RESOURCES MITIGATION MEASURE CUL-1/Upzone Properties only: Prior to construction activities within project boundaries the following measures shall be performed: • Subsequent to a preliminary City review, if evidence suggests the potential for cultural resources, a field survey for cultural resources shall be conducted by a qualified archaeologist and/or architectural historian. • Subsequent to a preliminary City review, the San Bernardino County Archives shall be contacted for information on cultural resources records. • All cultural resources within the Upzone Properties, including archaeological and historic resources older than 50 years, shall be inventoried using appropriate State record forms and guidelines followed according to the California City of Fontana Community Development Director, or designee. Prior to construction or any other ground- disturbing activities. Evidence to the City: • A field survey for cultural resources is conducted by a qualified archaeologist and/or architectural historian; • The San Bernardino County Archives is contacted for information on cultural resources records; • All cultural resources within Withold grading permit. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 16 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance Office of Historic Preservation’s handbook “Instructions for Recording Historical Resources.” The archaeologist shall then submit two (2) copies of the completed forms to the South Central Coastal Information Center for the assignment of trinomials. • The significance and integrity of all cultural resources within the Upzone Properties shall be evaluated, using criteria established in CEQA Guidelines Section 15064.5 for important cultural resources and/or 36 CFR 60.4 for eligibility for listing on the National Register of Historic Places. • Mitigation measures shall be proposed and conditions of approval (if a local government action) recommended to eliminate adverse project effects on significant, important, and unique cultural resources, following appropriate CEQA and/or National Historic Preservation Act's Section 106 guidelines. • All resources and data collected within the Upzone Properties shall be permanently curated at an appropriate repository within the County of San Bernardino. the Upzone Properties, including archaeological and historic resources older than 50 years, are inventoried using appropriate State record forms and guidelines; • The significance and integrity of all cultural resources within the Upzone Properties are evaluated, using criteria established in CEQA Guidelines Section 15064.5; • Mitigation measures are proposed and conditions of approval (if a local government action) have been recommended; and • All resources and data collected within the Upzone MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 17 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance Properties are permanently curated at an appropriate repository within the County of San Bernardino. MITIGATION MEASURE CUL-2/Upzone Properties only: If any prehistoric archaeological resources are encountered before or during grading, the project applicant shall retain a qualified archaeologist to monitor construction activities and to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Fontana shall: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities at a theme or focal point. • Pursue educating the public about the area's archaeological heritage. • Propose mitigation measures and recommend conditions of approval (if a local government action) to eliminate adverse project effects on City of Fontana Community Development Director, or designee. Prior to and during construction or any other ground- disturbing activities; if any prehistoric archaeological resources are encountered. Evidence to the City: • A qualified archaeological monitor has been retained to monitor construction activities; and • The qualified archaeological monitor has taken appropriate measures to protect and preserve encountered prehistoric archaeological resources. Withold grading permit or issuance of stop work order. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 18 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report, with original illustrations, to the South Central Coastal Information Center for permanent archiving. GEOLOGY AND SOILS MITIGATION MEASURE GEO-1/Residential Development Site only: Prior to issuance of grading and/or building permits, the Project Applicant shall provide evidence to the City of Fontana (City) for review and approval that the proposed Residential Development Site, residential buildings, all ancillary structures and facilities, and associated infrastructure have been designed and would be constructed in conformance with applicable provisions of the 2022 edition of the California Building Code (CBC) (or the most current edition of the CBC in effect at the time the development application is deemed complete by the City). Additionally, the Project Applicant shall provide evidence to the City that the earthwork recommendations cited in the project-specific Geotechnical Investigation are incorporated into project plans and/or implemented as deemed appropriate by the City. Geotechnical recommendations include, but are not limited to, removal of existing vegetation and deleterious materials, utilities, and any other surface City of Fontana Director of Building and Safety, or designee. Prior to the issuance of grading or building permits, and during construction. Evidence to the City: • Proposed features, structures, and facilities have been designed and would be constructed per the 2022 CBC or most current edition; • Recommendations cited in the geotechnical report are incorporated into project plans and/or implemented as deemed appropriate by the City; and Withhold grading or building permits, or issuance of a stop work order. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 19 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance and subsurface improvements that would not remain in place for use with the new development. Earthwork, over-excavation, and ground improvement shall occur to depths specified in the Geotechnical Investigation to provide a sufficient layer of engineered fill or densified soil beneath the structural footings/foundations, as well as proper surface drainage devices and erosion control. A California-licensed structural engineer must conduct verification testing upon completion of ground improvements to confirm that the compressible soils have been sufficiently densified. Additionally, the structural engineer must determine the ultimate thickness and reinforcement of the building floor slabs based on the imposed slab loading and verify seismic design parameters in accordance with American Society of Civil Engineers (ASCE) 7-16 Section 11.4.8. This measure shall be implemented to the satisfaction of the City Director of Building and Safety or designee. • Retainment of structural engineer to perform verification testing upon completion of ground improvements. MITIGATION MEASURE GEO-2/Upzone Properties only: The applicant for development on the Upzone Properties shall prepare and complete a project-specific geotechnical investigation, and submit it to the City for review and approval prior to issuance of grading permits for any development on the Upzone Properties. The project-specific geotechnical evaluation shall be prepared by a licensed geotechnical engineer and shall identify and address on-site geotechnical conditions and the appropriate design, grading, and construction parameters required per applicable sections of the most current California Building Code. The applicant for development on the Upzone City of Fontana Director of Building and Safety, or designee. Prior to the issuance of grading permits. Evidence to the City: • A project-specific geotechnical investigation has been prepared by a licensed geotechnical engineer; and • The site-specific geotechnical conditions and recommendations Withold grading permit. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 20 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance Properties shall provide evidence to the City Engineer that the site-specific geotechnical conditions and recommendations identified in the geotechnical evaluation are appropriately incorporated into the grading plans, design and construction documents for any on-site landform modification, structure, feature, or facility, and that the building plans and structural design conform to the requirements of the geotechnical evaluation and the City Municipal Code. identified in the geotechnical evaluation are appropriately incorporated into the grading plans, and design and construction documents. MITIGATION MEASURE GEO-3/Residential Development Site only: During construction activities, in the event that paleontological resources are encountered, work in the immediate area of the discovery shall be halted, and a professional paleontologist who meets the qualifications established by the Society of Vertebrae Paleontology shall be retained to assess the discovery. The qualified professional paleontologist shall make recommendations regarding the treatment and disposition of the discovered resources, as well as the need for subsequent paleontological monitoring; collection of observed resources; preservation, stabilization, and identification of collected resources; curation of scientifically significant resources into a museum repository; and preparation of a monitoring report of findings. This measure shall be implemented to the satisfaction of the City of Fontana Community Development Director, or designee. City of Fontana Community Development Director, or designee. During construction or any other ground- disturbing activities. Evidence to the City that grading plans include instructions in the event a paleontological resource is detected. Issuance of a stop work order. MITIGATION MEASURE GEO-4/Upzone Properties only: A qualified paleontologist shall conduct a pre- construction field survey of any project site within the City of Fontana Community Development Prior to construction or any other ground- disturbing activities. Evidence to the City: • A qualified paleontologist Withold grading permit. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 21 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance Upzone Properties that is underlain by older alluvium. The paleontologist shall submit a report of findings that provides specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Director, or designee. conducts a pre- construction field survey of any project site within the Upzone Properties that is underlain by older alluvium; and • Preparation and submittal of a report of findings. MITIGATION MEASURE GEO-5/Upzone Properties only: Should mitigation monitoring of paleontological resources be recommended for a specific project within the project site, the program shall include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, earth-disturbing activities shall be diverted elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor shalt immediately divert construction and notify the monitor of the find. • All recovered fossils shall be prepared, identified, and curated for documentation in the summary City of Fontana Community Development Director, or designee. Prior to and during construction or any other ground- disturbing activities. Evidence to the City: • A qualified paleontological monitor is retained for full-time monitoring of earth-disturbing activities; • Grading plans include instructions in the event a paleontological resource is detected; • Recovered fossils are documented Withhold grading permit, or issuance of a stop work order. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 22 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance report and transferred to an appropriate depository (i.e., San Bernardino County Museum). • A summary report shall be submitted to City of Fontana. Collected specimens shall be transferred with copy of report to San Bernardino County Museum. and handled appropriately; and • A summary report is prepared and submitted. GREENHOUSE GAS EMISSIONS MITIGATION MEASURE GHG-1/Upzone Properties only: Prior to issuance of demolition, grading, and/or building permits for any development on the Upzone Properties, the applicant of said development shall provide evidence to the City of Fontana (City) that project-specific Greenhouse Gas Emissions Analyses have been completed for said developments. Project applicants shall further demonstrate, subject to review and approval of the City, the emissions reduction measures (if any) identified in the Greenhouse Gas Emissions Analysis have been fully incorporated into the design of structures proposed on the Upzone Properties to the extent greenhouse gas (GHG) emissions are reduced to at or below South Coast Air Quality Management District (SCAQMD) standards in effect at the time each project-specific development is proposed. If necessary to ensure that project-level emissions would not exceed SCAQMD thresholds, future projects would be implemented in phases. Emissions reduction measures shall require proposed buildings within Upzone Properties site to be all electric, with electricity to be the only permanent source of energy for all nonemergency building energy needs, including but not limited to water heating; mechanical City of Fontana Community Development Director or designee, and/or Building and Safety Division, or designee. Prior to issuance of demolition, grading, and/or building permits. Evidence to the City: • Project-specific Greenhouse Gas Emissions Analyses have been completed; • The emissions reduction measures (if any) identified in the Greenhouse Gas Emissions Analysis have been fully incorporated into project design; • Proposed buildings are all electric; • Proposed buildings and parking areas include on-site Withhold demolition, grading, and/or building permits. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 23 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance equipment; and heating, ventilation, and air conditioning (HVAC) (i.e., space-heating and space cooling). All major appliances (e.g., dishwashers, refrigerators, and water heaters) provided/installed shall be electric-powered EnergyStar certified or an equivalent energy efficiency where applicable. Prior to issuance of building permits for development projects, applicants shall provide plans that show the aforementioned requirements to the City of Fontana Planning Department. Prior to issuance of the certificate of occupancy, the City of Fontana Building Department shall verify installation of the electric-powered EnergyStar or equivalent appliances. In addition, the City of Fontana shall require proposed buildings and parking areas within the Upzone Properties to include on-site renewable energy generation systems. Proposed buildings shall include photovoltaic (PV) and battery energy storage systems compliant with the Prescriptive Requirements of the California Building Standards Code, Part 6, California Energy Code. Proposed buildings may substitute alternative renewable energy generation technology (e.g., wind) for PV systems; however, that alternative generation technology system shall be sized to provide annual electricity equal to what would be provided by a PV system for that building compliant with the Prescriptive Requirements of the California Building Standards Code, Part 6, California Energy Code. Proposed parking areas shall include a PV system or renewable energy generation systems; • Proposed buildings include photovoltaic (PV) and battery energy storage systems; and • Proposed parking areas include a PV system or alternative renewable energy generation system. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 24 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance alternative renewable energy generation system (e.g., wind) to help offset electricity demand generated by electric vehicle charging. Prior to issuance of building permits for development projects, applicants shall provide plans that show the aforementioned requirements to the City of Fontana Planning Department. Prior to issuance of the certificate of occupancy, the City of Fontana Building Department shall verify installation of the PV and battery energy storage systems or alternative renewable energy generation systems. HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE HAZ-1/Residential Development Site only: Prior to the removal/demolition of the portable structure and demolition of existing on- site residence and garage, the Project Applicant shall provide to the City for review and approval that an asbestos containing material (ACM) survey has been completed for the portable structure and the residence located at 6622 Knox Avenue. If no ACM is detected, no further mitigation is required. In the event ACM is identified during the survey, the Project Applicant shall retain a Certified Asbestos Consultant to provide a construction and demolition plan with disposal tickets from a San Bernardino County Department of Public Works-Solid Waste Management Division-approved disposal facility. As required, the Certified Asbestos Consultant shall prepare and submit Asbestos Notification to the South Coast Air Quality Management District (SCAQMD) for air clearances. The City of Fontana Community Development Director or designee, and/or Building and Safety Division, or designee. Prior to the removal/demolition of the portable structure and demolition of existing on-site residence and garage. Evidence to the City: • An asbestos containing material (ACM) survey has been completed for the portable structure and the residence located at 6622 Knox Avenue; • If necessary, retention of a Certified Asbestos Consultant to provide a construction and demolition plan with disposal Withhold demolition permit. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 25 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance Certified Asbestos Consultant shall prepare an asbestos disposal report for City review prior to final disposal. This measure shall be implemented to the satisfaction of the City of Fontana Community Development Director or designee, and/or Building and Safety Division, or designee. tickets from a San Bernardino County Department of Public Works-Solid Waste Management Division-approved disposal facility; and • If necessary, an asbestos disposal report is prepared and submitted. MITIGATION MEASURE HAZ-2/Residential Development Site only: Prior to the initiation of grading operations, the Project Applicant shall submit evidence to the City that any existing subsurface wastewater systems (if any) associated with prior on-site residences have been located. Prior to the commencement of construction activities, evidence shall be submitted to the City of Fontana Building and Safety Division, or designee, that any such system, including septic tanks, seepage pits, and/or leach line field shall be uncovered and abandoned in accordance with current San Bernardino County Building and Safety Division standards pursuant to California Plumbing Code Section 722, which stipulates specific conditions for the safe removal of remnant sewage and componentry, backfilling, and inspection from the San Bernardino County Building & Safety Division. City of Fontana Community Development Director or designee, and/or Building and Safety Division, or designee. Prior to and during construction or any other ground- disturbing activities. Evidence to the City: • Any existing subsurface wastewater systems (if any) associated with prior on-site residences have been located; and • Any such system is uncovered and abandoned in accordance with applicable regulations. Withhold grading permit. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 26 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance MITIGATION MEASURE HAZ-3/Residential Development Site only: Should grubbing, grading, or any other ground-disturbing activities reveal any discolored soils, noxious odors, and/or other buried objects/debris, the Project Applicant shall retain a consultant qualified under American Society for Testing and Materials (ASTM) International Standard E1527-13 to evaluate the conditions and provide recommendations if needed. If the qualified consultant determines the subject materials are not hazardous, no further remedial action is required, and the material shall be disposed of in accordance with the Code Enforcement Division of the Fontana Police Department. In the event the material is deemed potentially hazardous, the qualified consultant shall conduct a soil investigation on the Residential Development Site to assess the potential presence of hazardous materials. The soil investigation shall meet or exceed the standards of the California Department of Food and Agriculture and comply with the Maximum Residue Limits established in 40 Code of Federal Regulations 180 for any pesticide chemicals identified on the site. Construction may not proceed until the extent and nature of the suspect material is determined by qualified personnel and in consultation with appropriate City staff. The removal and/or disposal of any hazardous material shall be conducted by a California Division of Occupational Safety and Health (Cal/OSHA) licensed Hazardous Materials Substances Removal contractor in accordance with all applicable local, State, and federal City of Fontana Director of Building and Safety, or designee. During grubbing, grading, or any other ground-disturbing activities. Evidence to the City: • If necessary, retention of a consultant qualified under American Society for Testing and Materials (ASTM) International Standard E1527-13 to evaluate the conditions and provide recommendations; • If necessary, material is disposed in accordance with the Code Enforcement Division of the Fontana Police Department; • If necessary, conduct a soil investigation on the project site to assess the potential presence of Issuance of a stop work order. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 27 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance standards to the degree that adequate public health and safety standards are maintained, to the satisfaction of the City. If appropriate, the City may enter into a Voluntary Cleanup Plan (VCP) with the California Department of Toxic Substances Control (DTSC) to coordinate remediation of the site. If a VCP is established, the City shall enter into a memorandum of agreement with the DTSC to support and strengthen efforts to achieve protective cleanups under State oversight. Applicant shall pay all subsequent VCP costs, including those associated with DTSC’s oversight. The VCP shall be managed by a Hazardous Substances Scientist or Hazardous Substances Engineer and shall include details about site conditions, proposed land use, and potential community concerns. In the VCP, the DTSC retains its authority to take enforcement action if, during the investigation or cleanup, it determines the site presents a serious health threat, and proper and timely action is not otherwise being taken. When remediation is complete, the DTSC shall issue either a site certification of completion or a “No Further Action” letter, depending on the project circumstances. This means “The Site” is now property that is ready for productive economic use. This measure shall be implemented to the satisfaction of the City of Fontana Community Development Director or designee, and/or Building and Safety Division, or designee. hazardous materials; • If necessary, remove and/or dispose any hazardous material by a California Division of Occupational Safety and Health (Cal/OSHA) licensed Hazardous Materials Substances Removal contractor; • If appropriate, the City may enter into a Voluntary Cleanup Plan (VCP) with the California Department of Toxic Substances Control (DTSC) to coordinate remediation of the site; • If necessary, advance payment is made and the City MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 28 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance and/or project Applicant is committed to paying all subsequent VCP costs; and • If necessary, DTSC issues either a site certification of completion or a “No Further Action” letter. MITIGATION MEASURE HAZ-4/Upzone Properties only: A Phase I Site Assessment shall be prepared in accordance with American Society of Testing and Materials Standards and Standards for Practice for All Appropriate Inquiries prior to issuance of a Grading Permit for future development of any portion of the Upzone Properties. The Phase I Environmental Site Assessment shall investigate the potential for site contamination, and will identify Specific Recognized Environmental Conditions (i.e., asbestos containing materials, lead-based paints, polychlorinated biphenyls, etc.) that may require remedial activities prior to land acquisition or construction. Recommendations from the Phase I Site Assessment(s) shall be incorporated into the future development on the Upzone Properties. City of Fontana Community Development Director or designee, and/or Building and Safety Division, or designee. Prior to the issuance of a grading permit. Evidence to the City: • A project-specific Phase I Site Assessment has been prepared; • The Phase I Environmental Site Assessment investigates the potential for site contamination, and identifies Specific Recognized Environmental Conditions (i.e., asbestos containing materials, lead- based paints, Withhold grading permit. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 29 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance polychlorinated biphenyls, etc.) that may require remedial activities prior to land acquisition or construction; and • Recommendations from the Phase I Site Assessment(s) are incorporated into development. MITIGATION MEASURE HAZ-5/Upzone Properties only: Prior to issuance of building permits, each project applicant proposing to develop any portion of the Upzone Properties shall provide evidence to the City for review and approval that a site- and project-specific wildland fire evacuation plan is prepared for each project. The wildland fire evacuation plan shall be prepared in accordance with applicable California Department of Forestry and Fire Protection (CalFire), California Fire Code (CFC), California Government Code, California Public Resources Code, California Building Code (CBC), and Fontana Municipal Code regulations. Should any of these regulations be amended, or should new regulations be adopted by the time development applications are proposed, such amended or new regulations shall be considered for applicability on a site- and project-specific basis. Provisions of each wildland fire evacuation plan may City of Fontana Community Development Director or designee, and/or Building and Safety Division, or designee. Prior to the issuance of building permits. Submittal to City of a site- and project-specific wildland fire evacuation plan for each project, including all required elements. Withhold building permits. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 30 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance include, but not be limited to, the following: • Fire apparatus access roads (i.e., public and private streets) shall be provided throughout each development and provide at least the minimum required unobstructed travel lanes, lengths, turnouts, turnarounds, and clearances required by applicable codes in consultation with the FFPD. Primary access and internal circulation will comply with the requirements of the FFPD. • Secondary egress/access fire apparatus access roads shall provide independent egress/access from/to the area or as otherwise approved by the FFPD. Secondary egress/access fire apparatus access roads shall be as remote as possible from the primary fire apparatus access road to reduce the possibility that both routes would be obstructed by a single emergency. Additional fire apparatus access roads based on the potential for impairment by vehicle congestion, condition of terrain, climatic conditions, anticipated magnitude of a potential incident, or other factors that could limit access may be required by the FFPD. • Requests for the installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Fire Code Official. • All electronically operated gates shall be provided with Knox key switches and automatic sensors for MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 31 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance access. These gates shall be provided with access to gate equipment or another method to open the gate if there is a power failure. (Manual gates shall not be locked unless a Knox Box containing the key to the lock is installed in an approved location on the approach side of the gate.) A pedestrian gate, if used to provide access, shall be a minimum of 3 feet wide and provided with a Knox Box/padlock if locked. • The property owner or property management company shall provide the tenant informational brochures at time of occupancy, which must include development-wide “Ready, Set, Go!” plans and an outreach and educational role to ensure the fire safety measures detailed in the site- and project-specific wildland fire evacuation plan and fire protection plan have been implemented. • Copies of the wildland fire evacuation plan shall be provided to every homeowner and posted on the community’s homeowner’s association website. MITIGATION MEASURE HAZ-6/Upzone Properties only: Prior to issuance of building permits, each project applicant proposing to develop any portion of the Upzone Properties shall provide evidence to the City for review and approval that a site- and project-specific fire protection plan is prepared for each project. The fire protection plan shall be prepared in accordance with applicable National Fire Protection Association (NFPA) 24, California Department of Forestry and Fire Protection (CalFire), California Fire Code (CFC), California Government Code, California Public City of Fontana Community Development Director or designee, and/or Building and Safety Division, or designee. Prior to the issuance of building permits. Submittal to City of a site- and project-specific wildland fire evacuation plan for each project, including all required elements. Withhold building permits. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 32 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance Resources Code, California Building Code (CBC), and Fontana Municipal Code regulations. Should any of these regulations be amended, or should new regulations be adopted by the time development applications are proposed, such amended or new regulations shall be considered for applicability on a site- and project-specific basis. Provisions of each fire protection plan may include, but not be limited to, the following: • Buildings and structures shall be constructed of ignition-resistant construction materials that resist ignition or sustained flaming combustion sufficiently to reduce losses from wildland-urban interface conflagrations under worst-case weather and fuel conditions with wildfire exposure of burning embers and small flames, as prescribed in California Building Code Chapter 7A and State Fire Marshal Standard 12-7A-5, Ignition-Resistant Materials, as amended, and include automatic fire sprinkler systems based on the latest adopted Building and Fire Codes for occupancy types. • Buildings shall be equipped with automatic fire sprinkler systems meeting Fontana Fire Protection District (FFPD) requirements. • Minimum fire flow for the construction of all buildings is required per CFC Appendix B, as amended. Prior to building permit issuance for MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 33 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance new construction, each project applicant shall provide documentation to show there exists a water system capable of delivering the required fire flow. Specific design features may increase or decrease the required fire flow. • The minimum number of fire hydrants required, as well as the location and spacing of fire hydrants, shall comply with CFC Appendix C and NFPA 24, as amended. Distance between fire hydrants and their distances from structures they are serving shall be determined by the FFPD along all portions of the exterior of structures along approved routes on fire apparatus access roads. Each applicant/developer shall furnish the water system fire hydrant plans to the FFPD for review and approval prior to building permit issuance. Plans shall be signed by a registered civil engineer and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the FFPD for review and approval. • Fire apparatus access roads shall be provided and shall have an unobstructed width in accordance with the requirements of the FFPD and San Bernardino County Fire Department on a site- and project-specific basis. Dead-end fire apparatus access roads in excess of MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 34 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance distances to be determined by the FFPD on a site- and project-specific basis shall be provided with an approved turnaround. The minimum required turning radii of a fire apparatus access road shall be determined by the FFPD on a site- and project-specific basis. The construction of the fire apparatus access roads shall be all-weather and capable of sustaining 75,000 pounds. The grade of a fire apparatus access road, cross slope, and angles of approach and departure shall be determined by the FFPD on a site- and project- specific basis. • Secondary egress/access fire apparatus access roads shall provide independent egress/access from/to the area or as otherwise approved by the FFPD. Secondary egress/access fire apparatus access roads shall be as remote as possible from the primary fire apparatus access road to reduce the possibility that both routes would be obstructed by a single emergency. Additional fire apparatus access roads based on the potential for impairment by vehicle congestion, condition of terrain, climatic conditions, anticipated magnitude of a potential incident, or other factors that could limit access may be required by the FFPD. • Fuel modification zones shall be designed and implemented in consultation with the FFPD, and any landscaping shall comply with the MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 35 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance applicable fuel modification zone. Ongoing maintenance of all fuel modification shall occur before May 1 of each year and will be managed by the owner, the owner’s property management company, or another approved entity and be inspected by FFPD or an approved third party. Landscape plans shall not utilize prohibited plants that have been found to be highly flammable in consultation with the FFPD. • Submittal of construction plans to the FFPD shall be required. Final fire and life safety conditions shall be addressed when the FFPD reviews the plans. These conditions will be based on the CFC, CBC, and related codes/standards adopted at the time of construction plan submittal. • All residential buildings shall display street numbers in a prominent location on the address side and additional locations as required. • Each planning case shall be reviewed by the FFPD for the cumulative impact on the FFPD’s ability to provide an acceptable level of service. Additional requirements may be conditioned by FFPD to mitigate these impacts. Should any applicable regulations be amended, or should new regulations be adopted by the time MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 36 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance development applications are proposed, such amended or new regulations shall be considered for applicability on a site- and project-specific basis. This measure shall be implemented to the satisfaction of the FFPD. NOISE MITIGATION MEASURE NOI-1/Upzone Properties only: Prior to issuance of a grading permit, a developer shall contract for a site-specific noise and vibration study for development of any portion of the Upzone Properties. The noise and vibration study shall be performed by an acoustic consultant experienced in such studies, and the consultant's qualifications and methodology to be used in the study must be presented to City staff for consideration. The site-specific noise and vibration study shall specifically identify potential noise and vibration impacts upon any proposed sensitive uses (addressing Upzone Properties buildout conditions), as well as potential project impacts upon off-site sensitive uses due to construction, stationary, and mobile noise sources. Mitigation, which may include, but shall not be limited to, temporary noise attenuation barriers erected during project construction, shall be required if exterior noise levels exceed 65 A-weighted decibels (dBA) or interior noise levels exceed 45 dBA, as identified in Article V (Residential Zoning Districts), Division 6 (Performance Standards), Section 30-469 (Noise) of the City’s Municipal Code. City of Fontana Community Development Director, or designee. Prior to the issuance of a grading permit. Evidence to the City: • A site- and project- specific noise and vibration study has been prepared by a qualified acoustical consultant for each project; • The site-specific noise and vibration study identifies potential noise and vibration impacts upon any proposed sensitive uses; and • Mitigation is provided if exterior noise levels exceed 65 A-weighted decibels (dBA) or interior noise levels exceed 45 dBA. Withhold grading permit. MITIGATION MEASURE NOI-2/Upzone Properties only: To reduce impacts related to heavy construction City of Fontana Community Prior to issuance of grading permits and Evidence to the City: MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 37 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance equipment moving and operating on site during project construction, grading, demolition, and paving prior to issuance of grading permits, the applicant shall ensure that the following procedures are followed: • Construction equipment, fixed or mobile, shall be properly outfitted and maintained with feasible noise-reduction devices to minimize construction generated noise. • Laydown and construction vehicle staging areas shall be located away from noise sensitive land uses, if feasible. • Stationary noise sources such as generators shall be located away from noise sensitive land uses, if feasible. • Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow surrounding property owners to contact the job superintendent 24 hours a day to report noise and other nuisance-related issues, if necessary. The point of contact shall be available 24 hours a day, 7 days a week and have authority to commit additional assets to control dust after hours, on weekends, and on holidays. In the event that the City of Fontana receives a pattern of noise complaints, appropriate corrective actions shall be implemented, such as onsite noise monitoring during construction activities, and a report of the action shall be provided to the reporting party. Development Director, or designee. during project construction, grading, demolition, and paving. • Construction equipment is properly outfitted and maintained with feasible noise- reduction devices; • Laydown and construction vehicle staging areas are located away from noise sensitive land uses, if feasible; • Stationary noise sources such as generators are located away from noise sensitive land uses, if feasible; • Construction hours, allowable workdays, and the phone number of the job superintendent are clearly posted at all construction entrances; and • In the event that the City of Fontana MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 38 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance receives a pattern of noise complaints, appropriate corrective actions shall be implemented, such as onsite noise monitoring during construction activities, and a report of the action shall be provided to the reporting party. MITIGATION MEASURE NOI-3/Upzone Properties only: Prior to issuance of a grading permit, the Applicant shall prepare a site-specific noise and vibration study for development of any portion of the Upzone Properties, as required under Mitigation Measure NOI-1. The site- specific noise and vibration studies shall identify structures that are located within 25 feet of heavy construction activities and/or that have the potential to be affected by ground-borne vibration. This task shall be conducted by a qualified structural engineer as approved by the City’s Director of Community Development, or designee. Once a project’s construction equipment list is finalized, a comparison of the proposed equipment to be used and the assumed equipment vibration levels presented in Table 7-4 of the Federal Transit Administration Noise and Vibration Impact Assessment Manual – FTA Report No. 0123 shall be completed. If it is determined that the proposed equipment would not generate vibration levels that could exceed the FTA Damage Criteria presented in City of Fontana Community Development Director, or designee. Prior to the issuance of a grading permit. Evidence to the City: • A site- and project- specific noise and vibration study has been prepared by a qualified acoustical consultant for each project; • The site-specific noise and vibration study identifies structures that are located within 25 feet of heavy construction activities and/or that have the potential to be Withhold grading permit. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 39 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Mitigation Measure No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance Table 7-5 of the Federal Transit Administration Noise and Vibration Impact Assessment Manual – FTA Report No. 0123, further vibration mitigation would not be necessary. However, if levels would potentially exceed the FTA Damage Criteria presented in Table 7-5 of the Federal Transit Administration Noise and Vibration Impact Assessment Manual – FTA Report No. 0123, project applicants shall develop a vibration monitoring and construction contingency plan for approval by the City Director of Community Development, or designee, to identify structures where monitoring would be conducted; set up a vibration monitoring schedule; define structure-specific vibration limits; and address the need to conduct photo, elevation, and crack surveys to document before and after construction conditions. Construction contingencies shall be identified for when vibration levels approached the FTA Damage Criteria limits. When vibration levels approach limits, contractors shall suspend construction and implement contingencies as identified in the approved vibration monitoring and construction contingency plan to either lower vibration levels to below FTA Damage Criteria limits or secure the affected structures to prevent damage. affected by ground- borne vibration; • The site-specific noise and vibration study includes a comparison of the proposed equipment to be used and assumed equipment vibration levels; • If necessary, development of a vibration monitoring and construction contingency plan; and • If necessary, construction has been suspended and contingencies have been and implemented. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 40 STANDARD CONDITIONS Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Standard Condition No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance Biological Resources STANDARD CONDITION BIO-1/Both sites: Prior to removal of any tree from the Residential Development Site or the Upzone Properties, the Project Applicant(s) shall coordinate with City staff to identify suitable replacement trees in accordance with Section 28-67(c) of Article III: Preservation of Heritage, Significant, and Specimen Trees of the City Municipal Code. Each living tree shall be replaced pursuant to the tree requirements codified in Article III: Preservation of Heritage, Significant, and Specimen Trees of the City Municipal Code and approved by City staff. This condition shall be implemented to the satisfaction of the City of Fontana Community Development Director or designee. City of Fontana Community Development Director, or designee. Prior to removal of any tree on the Residential Development Site or the Upzone Properties. Evidence to the City of coordination regarding the identification of suitable replacement trees. Issuance of a stop work order. CULTURAL RESOURCES STANDARD CONDITION CUL-1/Residential Development Site only: Upon discovery of any cultural, tribal cultural or archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed by an archaeological monitor who would be retained by the Project Applicant to monitor all subsequent ground-disturbing activity in native soils under the supervision of a project archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards for archaeology. All cultural, tribal cultural and archaeological resources unearthed by project construction activities shall be evaluated by the archaeological monitor and tribal monitor/consultant. If the resources are Native American City of Fontana Community Development Director, or designee. During construction. Evidence to the City: • Project Applicant/developer retains an archaeological monitor who would be supervised under a project archaeologist who meets the Secretary of the Interior’s Professional Qualifications MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 41 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Standard Condition No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance in origin, the property owner shall coordinate with interested Tribes (as a result of correspondence with area Tribes) regarding treatment and curation of these resources. Typically, the Tribes will request preservation in place or recovery for educational purposes. Work may continue on other parts of the Residential Development Site while evaluation takes place. Standards for archaeology; • Appropriate buffers are established as necessary; • Recommendation for the treatment and disposition of resources by the qualified archaeologist in consultation with the Tribe[s], Native American monitor[s], and the archaeological monitor. STANDARD CONDITION CUL-2/Residential Development Site only: Preservation in place shall be the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavation to remove the resource from the area of ground disturbance along with subsequent laboratory processing and analysis. All removed Tribal Cultural Resources shall be returned to the Tribes. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to the Tribe or a local school or historical society in the area for educational purposes. City of Fontana Community Development Director, or designee. During construction. Evidence to the City: • Recommendation for the treatment and disposition of Tribal Cultural resources by the Project Applicant/developer- retained archaeological monitor in consultation with the Tribe[s]; and • Proof of receipt of non-Native American Issuance of a stop work order. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 42 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Standard Condition No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance historic archaeological material by a public, non-profit institution with a research interest in the said materials, or to the Tribe[s], local school, or historical society in the area for education purposes if no institution accepts the said materials. STANDARD CONDITION CUL-3/Residential Development Site only: Archaeological and Native American monitoring and excavation during construction projects shall be consistent with current professional standards. All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken. Principal personnel shall meet the Secretary of the Interior standards for archaeology and have a minimum of 10 years’ experience as a principal investigator working with Native American archaeological sites in southern California. The principal personnel shall ensure that the archaeological monitor and all other personnel are appropriately trained and qualified. City of Fontana Community Development Director, or designee. Project duration. Evidence to the City: • Project Applicant/developer- retained principal personnel that meets the Secretary of the Interior’s standards for archaeology and have a minimum of 10 years’ experience as a principal investigator; and • The archaeological monitor and all other personnel are appropriately trained and qualified. Issuance of a stop work order. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 43 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Standard Condition No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance STANDARD CONDITION CUL-4/Both sites: Pursuant to State Health and Safety Code Section 7050.5, if human remains are encountered during project construction activities, no further disturbance shall occur within 100 feet of the find and the Project Applicant shall notify the San Bernardino County Coroner and the City of Fontana Community Development Director or designee. The County Coroner shall make a determination of origin and disposition. If the San Bernardino County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted by the Coroner within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the “Most Likely Descendant”. The Most Likely Descendant shall then make recommendations and engage in consultation with the property owner concerning the treatment of the remains and any associated items as provided in Public Resources Code Section 5097.98. Additionally, the specific locations of Native American burials and reburials shall be proprietary and not disclosed to the general public. City of Fontana Community Development Director, or designee. During construction. Evidence to the City: • Appropriate buffer areas have been established as applicable; and • Coordinate with Native American Tribe[s], City of Fontana Community Development Director (or designee), and County Coroner as necessary. Issuance of a stop work order. HYDROLOGY AND WATER QUALITY STANDARD CONDITION HYD-1/Both sites: Prior to issuance of a grading permit, the Project Applicant shall obtain coverage under the State Water Resources Control Board (SWRCB) National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (Order No. 2022-0057- DWQ, National Pollutant Discharge Elimination System No. CAS000002) (Construction General Permit). This shall include submission of Permit Registration Documents Director of the City of Fontana Public Works Department, or designee. Prior to issuance of a grading permit, during construction, and upon completion of construction. Evidence to the City: • A Waste Discharge Identification Number (WDID) is obtained for the Project from the SMARTS; • Project coverage under the Withhold grading permit or issuance of a stop work order. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 44 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Standard Condition No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance (PRDs), including a Notice of Intent for coverage under the permit to the State Water Resources Control Board (SWRCB) via the Stormwater Multiple Application and Report Tracking System (SMARTs). The Project Applicant shall provide the Waste Discharge Identification Number (WDID) to the City of Fontana (City), or designee, to demonstrate proof of coverage under the Construction General Permit. Project construction shall not be initiated until a WDID is received from the SWRCB and is provided to the City, or designee. A Stormwater Pollution Prevention Plan (SWPPP) shall be prepared and implemented for the proposed project in compliance with the requirements of the Construction General Permit. The SWPPP shall identify construction best management practices (BMPs) to be implemented to ensure that the potential for soil erosion and sedimentation is minimized and to control the discharge of pollutants in stormwater runoff as a result of construction activities. Upon completion of construction and stabilization of the site, a Notice of Termination shall be submitted via SMARTs. Construction General Permit; • Submittal of a Stormwater Pollution Prevention Plan to the City that includes BMPs; and • Submittal of a Notice of Termination via SMARTs. STANDARD CONDITION HYD-2/Both sites: Prior to the commencement of any land disturbing activities, the Project Applicant shall develop a Stormwater Pollution Prevention Plan to the City for review and approval that incorporates Best Management Practices to protect water quality during construction activities pursuant to Section 23-519 of the City Municipal Code. Director of the City of Fontana Public Works Department, or designee. Prior to ground disturbing activities. Evidence to the City: • Project coverage under the Construction General Permit; and • Submittal of a Stormwater Pollution Prevention Plan to the City that includes BMPs. Issuance of stop work order. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 45 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Standard Condition No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance STANDARD CONDITION HYD-3/Both sites: Prior to issuance of a grading permit, the Project Applicant shall submit a Final Water Quality Management Plan (Final WQMP) to the City of Fontana (City) for review and approval in compliance with the requirements of the Santa Ana Regional Water Quality Control Board’s NPDES Permit Waste Discharge Requirements for the San Bernardino County Flood Control District, the County of San Bernardino, and the Incorporated Cities of San Bernardino County Within the Santa Ana Region Area- Wide Urban Stormwater Runoff Management Program (Order No. R8-2010-0036, NPDES No. CAS618036) (San Bernardino County MS4 Permit) or subsequent permit. The Final WQMP shall specify the Best Management Practices (BMPs) to be incorporated into the project design to target pollutants of concern in stormwater runoff from the Residential Development Site and the necessary operation and maintenance activity for each BMP. The City shall ensure that the BMPs specified in the Final WQMP are incorporated into the final project design. The proposed BMPs specified in the Final WQMP shall be incorporated into the grading and development plans submitted to the City for review and approval. Project occupancy and operation shall be in accordance with the schedule outlined in the WQMP. Director of the City of Fontana Public Works Department, or designee. Prior to the issuance of grading permit and occupancy permit. Submittal to City of a Final Water Quality Management Plan (Final WQMP) and evidence to the City that BMPs specified in the Final WQMP are incorporated into the final project design. Withhold grading permit or occupancy permit. STANDARD CONDITION HYD-4/Both sites: Prior to issuance of a grading permit, the Project Applicant shall submit a grading plan and landscaping plan that incorporates the stormwater management, rainwater retention, and Low Impact Development requirements outlined in the City of Fontana’s Municipal Code to the City for review and approval. Director of the City of Fontana Public Works Department, or designee. Prior to the issuance of grading permit. Submittal to City of a final grading plan and landscaping plan that incorporates City requirements for stormwater management, rainwater retention, and Low Impact Development Withhold grading permit. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 46 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Standard Condition No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance per the City’s Municipal Code. NOISE STANDARD CONDITION NOI-1/Residential Development Site only: Prior to issuance of grading and building permits, the Project Applicant shall provide evidence to the City that construction plans include direction to adhere to the following source controls at all times: a. Construction shall be limited to 7:00 a.m. to 6:00 p.m. on weekdays, 8:00 a.m. to 5:00 p.m. on Saturdays, and no construction on Sundays and holidays unless it is approved by the building inspector for cases that are considered urgently necessary as defined in Section 18- 63(7) of the Municipal Code. b. For all noise-producing equipment, use types and models that have the lowest horsepower and the lowest noise generating potential practical for their intended use. c. The construction contractor will ensure that all construction equipment, fixed or mobile, is properly operating (tuned-up) and lubricated, and that mufflers are working adequately. d. Have only necessary equipment onsite. e. Use manually-adjustable or ambient-sensitive backup alarms. When working adjacent to City of Fontana Building Inspector. Prior to the issuance of grading and building permits and during construction activities. Submittal to City of project construction plans that include direction to adhere to the City’s noise source controls at all times, including work hours, model types, upkeep of construction equipment, and path controls where necessary and physically feasible. Withhold grading and building permits, or issuance of stop work order. MITIGATION MONITORING AND REPORTING PROGRAM FONTANA WALNUT RESIDENTIAL PROJECT Mitigation Monitoring and Reporting Program 47 Project Name: Fontana Walnut Residential Project Applicant: Diversified Pacific Date: September 22, 2025 Standard Condition No. / Implementing Action Responsible for Monitoring Timing of Verification Method of Verification Verified Date/ Initials Sanctions for Non- Compliance residential use(s), the construction contractor will also use the following path controls, except where not physically feasible, when necessary: i. Install portable noise barriers, including solid structures and noise blankets, between the active noise sources and the nearest noise receivers. ii. Temporarily enclose localized and stationary noise sources. iii. Store and maintain equipment, building materials, and waste materials as far as practical from as many sensitive receivers as practical. This condition shall be implemented to the satisfaction of the City of Fontana Building Inspector.