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HomeMy WebLinkAboutMCN 12-050 Application Materials ()NTANA CITY OF FONTANA PLANNING DIVISION APPLICATION & APPLICANT INFORMATION Department Use Only Master Case No. /2 " 0 5-0 Case No. 171471 2 17 Case No. Case No. 6 ur/L-0 Z 7 Case No. Case No. 5 f - Case No. Submittal Date: S0pc- /J�t�9 _Received By: � Related Case: / (� lj Please check all application types that apply: Administrative Site Plan: Lot Merger: Administrative Site Plan Amendment: Master Sign Program: Administrative Site Plan Modification: Minor Use Permit:(ABC Lic Change): Administrative Variance: Minor Use Permit:(Comm): Annexation Consent: Minor Use Permit Amendment: Annex(Irrevocable Agreement Exist): Re-Build Letter: Annex(Irrevocable Agreement New): Specific Plan: Appeal(Aggrieved Person): Specific Plan Amendment: 1 Appeal(Project Applicant): Temporary Use Permit: City Council/Planning Comm Interp: Temporary Sign Permit: Community Plan Amendment: Tentative Parcel Map(Residential): Conditional Use Permit(Res.): Tentative Parcel Map(Comm/Indust.): Conditional Use Permit(Comm.): Tentative Parcel Map(Minor Modification): Conditional Use Permit Amendment: Tentative Parcel Map(Major Modification): Conditional Use Permit/Res.Child Care: Tentative Parcel Map Time Extension: Conditional Use Permit(New ABC Lic): Tentative Tract Map(Residential): Design Review(Residential): Tentative Tract Map(Comm/Indust): Design Review(Comm/Indust): 1 Tentative Tract Map(Minor Modification): Design Review Amendment: Tentative Tract Map(Major Modification): Design Review Modification: Tentative Tract Map Time Extension: Design Review Sign: Tentative Tract Map(Vesting): Development Agreement: Variance: Development Code Amendment: Zone Change: General Plan Amendment(Minor): Zone Change Consistency: General Plan Amendment(Major): Zoning Determination: Home Occupation Permit: Zoning Letter: Lot Line Adjustment: Other For additional info call(909)350-6717 S:\Planning\New Applications\Aplication form.doc Page 1 of 5 Rev.8/07/06 Application Information Please provide all applicable information. Failure to do so may result in significant processing delays. Applicant's Information: Company Name (if any): Wal-Mart Stores, Inc. Contact Person: Jason Sheridan Mailing Address:2001 SE 10th Street City:Bentonville State:AR Zip:72716 Bus. Phone: Cell Phone: Fax: E-Mail (if any): Jason.Sheridan(a)_wal-mart.com Contact Person: Peter Ritchey- Nasland Engineering Mailing Address:4740 Ruffner Street City:San Diego State: CA Zip:92111 Bus. Phone: (858)292-7770 Cell Phone: Fax: (858)571-3241 E-Mail (if any): peternasland.com Engineer: Peter Ritchey-Nasland Engineering Mailing Address:4740 Ruffner Street City:San Diego State: CA Zip:92111 Bus. Phone: (858)571-3241 Cell Phone: Fax: (858)571-3241 E-Mail (if any): peter(a)_nasland.com Architect:Tim Welsh Mailing Address: 16808 Armstrong Avenue City:Irvine State: CA Zip:92606 Bus. Phone: (949)223-9507 Cell Phone: (949)870-2065 Fax: E-Mail (if any): Tim.Welsh @WDPartners.com Property Owner's Information (If more than three, add separate sheet): Name: Wal-Mart Stores, Inc. Mailing Address:2001 SE 10th Street City:Bentonville State:AR Zip:72716 Bus. Phone: Cell Phone: Fax: E-Mail (if any): Jason.Sheridan @wal-mart.com Name: Mailing Address: City: State: Zip: Bus. Phone: Cell Phone: Fax: E-Mail (if any): Name: Mailing Address: City: State: Zip: Bus. Phone: Cell Phone: Fax: E-Mail (if any): S:\Planning\New Applications\Aplication form.doc Page 2 of 5 Rev.8/07/06 CITY OF FONTANA PLANNING DIVISION • APPLICATION PROJECT INFORMATION The following information Is required for all applications. Also, please complete specific project Information. Assessor's Parcel Number(s) Provide full nine digit number which shall include the book, page, and parcel for each parcel within the project. (If more than nine parcels, add separate sheet.) 0240-091-04-0000 0240-091-07-0000 0240-091-05-0000 0240-091-08-0000 0240-091-06-0000 0240-091-23-0000 Project Location (Must be given as appropriate by street address, closest cross street, and most recent available Thomas Brothers Coordinates, or other information that may convey the location of the ro ert pSouthwest corner of Sierra Avenue and Highland Avenue in between Juniper Avenue and Mango Avenue. General Plan Designation(s) Zoning District(s) (If more than one GP land use (If more than one Zoning District list Designation, list designation for each parcel) District for each parcel) Commercial General C-3 Specific Plan Designation(s) (If more than one Specific Plan Designation, list Designation for each parcel) Fontana Promenade Specific Plan P,rp 1ct aName (if any): . Miscellaneous Information, notes, comments, etc that you wish to provide. See Project Description S:\Planning\New Applications■Aplication form.doc Page 3 of 5 Rev.8/07/06 3 CITY OF FONTANA PLANNING DIVISION APPLICATION AFFIDAVITS An application affidavit is required for all applications except the following: Appeal, Development Code Amendment, Re-build letter,or Zoning Letter application. Property Owner(s) Affidavit: l/We, John Clarke, Vice President of Real Estate, Wal-Mart Stores, Inc. Please Print Name(s) hereby state that I/we are the property owner(s)of the entire property involved in this application and I/we give permission for the filing oft ' application. /� Property Owner(s) Signature:00 Al Property Owner(s)Signature: John Clarke-VP of Real Estate Print/Type Name: Print/Type Name: The property owner affidavit must be signed by the property owner or authorized representative of a corporation, before a notary. (Please attach Notary Acknowledgement) Applicant's Affidavit: I/we have familiarized ourselves with the requirements of the City of Fontana Planning Division filing requirements and the information provided in this application are true and correct to our knowledge. I/we understand that this application represents - preliminary submittal and will not be officially filed until such time as Notice of Official Filing is i y-d • 'e PI ing Division. Applicant's Signature: Print/Type Name: • n CI:rke, VP of Real Estate S:\Planning\New ApplicationslAplication form.doc Page 4 of 5 Rev.8/07/06 t ONTANA a, CITY OF FONTANA_ PLANNING DIVISION APPLICATION & APPLICANT INFORMATION Department Use Only Master Case No. Case No. Case No. Case No. Case No. Case No. Case No. Submittal Date: Received By: Related Case: Please check all application types that apply: Administrative Site Plan: Lot Merger: Administrative Site Plan Amendment: Master Sign Program: Administrative Site Plan Modification: Minor Use Permit:(ABC Lic Change): Administrative Variance: Minor Use Permit:(Comm): Annexation Consent: Minor Use Permit Amendment: Annex(Irrevocable Agreement Exist): Re-Build Letter: Annex(Irrevocable Agreement New): Specific Plan: Appeal(Aggrieved Person): Specific Plan Amendment: 1 Appeal(Project Applicant): Temporary Use Permit: City Council/Planning Comm lnterp: Temporary Sign Permit: Community Plan Amendment: Tentative Parcel Map(Residential): Conditional Use Permit(Res.): Tentative Parcel Map(Comm/Indust.): 1 Conditional Use Permit(Comm.): ✓ Tentative Parcel Map(Minor Modification): Conditional Use Permit Amendment: Tentative Parcel Map(Major Modification): Conditional Use Permit/Res,Child Care: Tentative Parcel Map Time Extension: Conditional Use Permit(New ABC Lic): 1 Tentative Tract Map(Residential): Design Review(Residential): Tentative Tract Map(Comm/Indust): Design Review(Comm/Indust): 1 Tentative Tract Map(Minor Modification): Design Review Amendment: Tentative Tract Map(Major Modification): Design Review Modification: Tentative Tract Map Time Extension: Design Review Sign: Tentative Tract Map(Vesting): Development Agreement: Variance: Development Code Amendment: Zone Change: General Plan Amendment(Minor): Zone Change Consistency: General Plan Amendment(Major): Zoning Determination: Home Occupation Permit: Zoning Letter: Lot Line Adjustment: Other For additional Info call(909)350-6717 S:1Planning New Applications 1Aplication form.doc Page 1 of 5 Rev.8/07/06 Applination Information Please provide all applicable information. Failure to do so may result in significant processing delays. Applicant's Information: Company Name (if any): Wal-Mart Stores, Inc. Contact Person: Jason Sheridan Mailing Address:2001 SE 10th Street City:Bentonville State:AR Zip:72716 Bus. Phone: Cell Phone: Fax: E-Mail (if any): Jason.Sheridanwal-mart.com Contact Person: Peter Ritchey-Nasland Engineering Mailing Address:4740 Ruffner Street City:San Diego State:CA Zip:92111 Bus. Phone: (858)292-7770 Cell Phone: Fax: (858)571-3241 E-Mail (if any): petert nasland.com Engineer: Peter Ritchey-Nasland Engineering Mailing Address:4740 Ruffner Street City:San Diego State:CA Zip:92111 Bus. Phone: (858)571-3241 Cell Phone:, Fax: (858)571-3241 E-Mail (if any): peter @nasland.com Architect:Tim Welsh Mailing Address: 16808 Armstrong Avenue City:Irvine State:CA Zip:92606 Bus. Phone: (949)223-9507 Cell Phone: (949)870-2065 Fax: E-Mail (if any): Tim.Welsh @WDPartners.com Property Owner's Information (If more than three,add separate sheet): Name: Wal-Mart Stores, Inc. Mailing Address:2001 SE 10th Street City:Bentonville State:AR Zip:72716 Bus. Phone: Cell Phone: Fax: E-Mail (if any): Jason.Sheridan @wal-mart.com Name: Mailing Address: City: State: Zip: Bus. Phone: Cell Phone: Fax: E-Mail (if any): Name: Mailing Address: City: State: Zip: Bus. Phone: Cell Phone: Fax: E-Mail (if any): S:\PlanningNNew Applications Wplication form.doc Page 2 of 5 Rev.8/07/06 CITY OF FONTANA PLANNING DIVISION APPLICATION PROJECT INFORMATION The following information is required for all applications. Also,please complete specific project Information. Assessor's Parcel Number(s) Provide full nine digit number which shall include the book, page, and parcel for each parcel within the project. (If more than nine parcels,add separate sheet.) 0240-091-04-0000 0240-091-07-0000 0240-091-05-0000 0240-091-08-0000 0240-091-06-0000 0240-091-23-0000 Project Location (Must be given as appropriate by street address, closest cross street, and most recent available Thomas Brothers Coordinates, or other information that may convey the location of the pSouthwest corner of Sierra Avenue and Highland Avenue in between Juniper Avenue and Mango Avenue. General Plan Designation(s) Zoning District(s) (if more than one GP land use (If more than one Zoning District list Designation, list designation for each parcel) District for each parcel) Commercial General C-3 Specific Plan Designation(s) (If more than one Specific Plan Designation, list Designation for each parcel) Fontana Promenade Specific Plan P,rQnit same(If any): Miscellaneous Information, notes, comments, etc that you wish to provide. See Project Description S:\Planning\New Applications Wplication form.doc Page 3 of 5 Rev.8/07/06 CITY OF FONTANA PLANNING DIVISION APPLICATION AFFIDAVITS An application affidavit is required for all applications except the following: Appeal, Development Code Amendment, Re-build letter,or Zoning Letter application. Property Owner(s) Affidavit: I/We John Clarke, Vice President of Real Estate, Wal-Mart Stores, Inc. Please Print Name(s) hereby state that I/we are the property owner(s)of the entire property involved in this application and I/we give permission for the filing oft ' application. 1f , Am Property Owner(s)Sinature: Property Owner(s)Signature: i John Clarke-VP of Real Estate Print/Type Name: Print/Type Name: The property owner affidavit must be signed by the property owner or authorized representative of a corporation, before a notary. (Please attach Notary Acknowledgement) Applicant's Affidavit: I/we have familiarized ourselves with the requirements of the City of Fontana Planning Division filing requirements and the information provided in this application are true and correct to our knowledge. I/we understand that this application represents - preliminary submittal and will not be officially filed until such diotime as Notice of Official Filing is is�•-d • t'e PI ing Division. Applicant's Signature: Print/Type Name: • n CI:rke, VP of R al Estate S:\Planning\New Applications 1Aplication form.doc Page 4 of 5 Rev.8/07/06 City of Fontana Planning Division (909)350-6717 Conditional Use Permit And/Or Design Review �?it IJjviaitin'. Jse Ong' C.U.P#: Submittal Date: Contractor#: Related File#: Computer I.D.#: Received By: Apfi)iohnt=knfd atior>) Property Owner Wal-Mart Stores, Inn Phone: (479) 254-4000 Mailing Address: 2001 S_E, 10th Street Bentonville, AR 72716 Applicant: Glenn M Chung Phone: (909)484-9090 Fyt, 167 Mailing Address: 9130 Anaheim Place, Suite 120 Rancho Cucamonga, CA 91730 E-Mail Address: GChung@trfinc.com hfinc.com General Description of Project: Wal-Mart Store# 1756-02 Name of Business: Wal-Mart Stores, Inc. Business Address of Project: SWC of Sierra Ave & Highland Ave Fontana, CA Assessor's Parcel Number(s): 240-09-04/05/06/07 240-09-00 240-09-23 Existing General Plan Designation: C-G Zoning: C-3 PRiii.OttOSiikAWROiti I/We, Chris Danos (Please Print Name(s)) Being duly sworn, depos d say that I am/ We are the owner(s) of the entire property involved in this applicai n d 1/We er y give permission for the filing of this application. and any subsequent entitlement applications wh a required b the appl ant to operate a retail store and gas station on the subject property (Signature(s)) (Printed Name(s)) The property Owners Affidavit MAY NOT be signed by an agent or attorney but MUST be signed by the owner of the property, or owners of a corporation authorized to sign official documents for the corporation,before a Notary Public.(Please attach Notary Acknowledgment) 1/We have familiarized myself/ourselves with requirements of the City Planning Division with respect to preparing and filing this application and that the foregoing statements and answers herein contained are in all respects true and correct to the best of my/our knowledge and belief. 1/We understand that this application represents a preliminary submittal and will not be recognized as"Officially Filed"until a"Notice of Official Filing"is issued by the Planning Division. Applicant's Signature ‘. • Date: September 15, 2005 Type/Print Name: ,,t:a I IN This application is for:1.Design Review 2.Conditional Use Permit for Gas Station 3.Conditional Use Permit fo Drive-thru Pharmacy 4.Conditional Use Permit for Tire Shop 5. Conditional Use Permit for Arcade Page 1 of 4 Rev.05/01/01 i City of Fontana f Planning Division (909)350-6717 Conditional Use Permit (ABC License) Application C.U.P#: Submittal Date: Contractor#: Related File#: Computer I.D.#: Received By: Property Owner Wal-Mart Stores, nc. Phone: (479) 254-4000 Mailing Address: 2001 S.E. 10th Street Bentonville, AR 72716 Applicant: Glenn M. Chung Phone: (909) 484-9090 Ext. 167 Mailing Address: 9130 Anaheim Place, Suite 120 Rancho Cucamonga, CA 91730 E-Mail Address: GChung©hfinc.com General Description of Project: Wal-Mart Store# 1756-02 Name of Business: Wal-Mart Stores, Inc. Business Address of Project: SWC of Sierra Ave & Highland Ave Fontana, CA Assessor's Parcel Number(s): 240-09-04/05/06/07/08, 240-09-00, 240-09-23 Existing General Plan Designation: C-G Zoning: C-3 I/We, Chris Danos (Please Print Name(s)) Being duly sworn, 4epose and say that I am/ We are the owner(s) of the entire property involved in this applicatio , ,/We he ive permission for the filing of this application. I G✓> (Signature(s)) (Printed Name(s)) The property Owners Affidavit MAY NOT be signed by an agent or attorney but MUST be signed by the owner of the property, or owners of a corporation authorized to sign official documents for the corporation,before a Notary Public.(Please attach Notary Acknowledgment) 1/We have familiarized myself/ourselves with requirements of the City Planning Division with respect to preparing and filing this application and that the foregoing statements and answers herein contained are in all respects true and correct to the best of my/our knowledge and belief. I/We understand that this application represents a preliminary submittal and will not be recognized as"Officially Filed"until a"Notice of Official Filing"is issued by the Planning Division. Applicant's Signature . M. ��'taan+ Date: September 15, 2005 Type/Print Name: end Page 1 of 5 Rev.06/01/01 Certifications I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible forgathering the information, the information submitted is to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Developer's Project Engineer Signature 40 mm !A rbe•t I5 2Dc35 • ture Date I/we certify that I/we am/are the legal owner of the project and hereby accept responsibility for the implementation of the provisions of this SWQMP as long as I/we retain ownership of this property and that upon the sale of this land, I/we will deliver this plan to the future owner and inform him of the requirement to implement the plan. Owner(s) Signature a.i1h S i antp s (`,ea.I Es-fade ►k��3- Name Title (�� q 9 0 Signature Date for use by City of Fontana only Environmental Section Approval of SWQMP I, and for personnel acting under my direction and supervision, have reviewed-this SWQMP and fmd that it meets the requirements set forth in the City of Fontana's Storm Water Ordinance. Acceptance or approval of this Storm Water Quality Management Plan in no way precludes the authority of this agency to require modification to the plan as conditions warrant nor does this agency take responsibility for performance of BMPs provided for in the Plan. Signature Date of SWQMP Approval CITY OF FONTANA PLANNING DIVISION Project Specific Information Required for Design Review and Conditional Use Permit applications Provide a detailed description and justification of why a Co itionall Use Permit application is required for your proposed project(Conditional Use Permit applications only): Oh akc�aa ao► Commercial/Industrial project description. / Z�� Q �q Total acres of land area or square feet of land: .4 O / ) 4 Non Residential development shall provide total No. of buildings, square foota•e per building and total square feet of all 7. buildings: V i• r^ OA iffaraPPREPARNMPICIaMMININMWALAalallgarniallelatriaN Residential single-family development project description Residential single-family development shall provide the No. of lots or dwelling units: Residential multi-family development project description Residential multi-family development shall provide the total No. of buildings and no.of dwelling units: Mixed use project description Mixed use projects shall provide non residential and commercial uses as listed above: Provide project parking totals based on proposed square footage of uses: ales-a\ ?&`d1 l Z.2_ s?ctioeS 5.1 � 1,c sF Ccict ) Provide overall proposed density for residential projects(calculations shall be based on the adjusted gross acreage): Provide overall proposed FAR non-residential projects: Page 6 of 10 S:\Planning\New Applications\gpplication CUP ABC 2008.doc Rev. 12/4/08 • *41,41 4a400 CITY OF FONTANA PLANNING DIVISION Project Specific Information Required for Design Review and Conditional Use Permit applications Provide a detailed description and justification of why a Co itional Use Per it application is required for your proposed project(Conditional Use Permit applications only): h ibis Commercial/Industrial project description. Total acres of land area or square feet of land: 2 a(Aar__ Non Residential development shall provide total No.of buildings,square footage per building and total s•uare feet of all buildings: • .uC" 14G16I•4ZSF � �1• 4l :4ZSS' / EtAle Z. cv o 131..• :3570 g Waco : VA4 Sir' Residential single-family development project description Residential single-family development shall provide the No.of lots or dwelling units: Residential multi-family development project description Residential multi-family development shall provide the total No.of buildings and no.of dwelling units: Mixed use project description Mixed use projects shall provide non residential and commercial uses as listed above: Provide project arking totals based onyroposed square footage of uses: ©Jt:(�■\ (�:!"JC S 122x. S7 5.' s? /1,Cr St- • Provide overall proposed density for residential projects (calculations shall be based on the adjusted gross acreage): Provide overall proposed FAR non-residential projects: S:\Planning\New Applications\DR,CUP requirements.doc Page 1 of 3 Rev.8/07/06 CITY OF FONTANA PLANNING DIVISION Project Specific Information Required for General Plan Amendment, Specific Plan Amendment, Community Plan Amendment, Development Code Amendment (Text Changes), (Map Changes) and Zone Change, applications Project Description and justification for General Plan Amendment,Zone Change,Community Plan Amendment, Specific Plan Amendment(Provide detailed justification for the requested change to assist staff in understanding your request) raticam From ervtu h MQ t\)o General Plan Designation(s)(existing): General Plan Designation(s)(proposed): (If more than one GP Land Use Designation list Designation for each parcel) ens , i L: °i(N Zoning District(s)(existing): Zoning District(s)(proposed): (If more than one Zoning District list District for each parcel) Specific Plan or Community Plan Specific Plan or Community Plan Designation(s)(existing): Designation(s)(proposed): (If more than one Specific Plan or Community Plan Designation list Designation for each parcel) Existing Residential Density Proposed Density Existing FAR(non-residential projects) Proposed FAR(non-residential projects) S:1Planning\New Applications\GPA,DCA requirements.doc Page 1 of 2 Rev. 8/07/06 ' ENVIRONMENTAL INFORMATION FORM City of Fontana Planning Division k G F k r 8 k ,-;'l" ' 4 , 1 , .., w u m fl a 3� ' a . ' t fr# s y` i # F '. ,.t{- 3' A "�hySrY" , 7 4:.'�A3Yt+F"w4�c !y�.',.'�+' i�1D.�,^�+I�rv`$`�. .... _ t ....�. > e GI \1IZ.AI I\vORy1.A I I \: Application Number for the project to which this form pertains: Project Title:Wal-Mart Name&address of project owner(s):Wal-Mart Stores, Inc. 2001 SE 10th Street, Bentonville, AR 72716 Name&address of developer or project sponsor:Wal-Mart Stores, Inc. 2001 SE 10th Street, Bentonville, AR 72716 Contact person&address: Peter Ritchey - Nasland Engineering 4740 Ruffner Street, San Diego, CA 92111 Telephone Number: (858)292-7770 Name&address of person preparing this form(if different from above): Same as above Telephone Number: ( ) Page 1 of 6 I ROI1:( 1 I\I ORy1.A110y ;Ay'I) I)T:SCRIM-10\4: 1. Provide a set of color photographs which show representative views into the site from the north,south east,and west;views into and from the site from the primary access points which serve the site; and representative views of significant features from the site. Include a map showing location of each photograph. 2. Project location(describe):SWC of Sierra Avenue and Highland Avenue 3. Assessors Parcel Number(s): 240-091-04; 05; 06; 07; 08, 240-091-23 4. Gross site area(ac/sq.ft.):27.41 acres 5. Net site area(total site size minus area of public streets and proposed dedication):27.41 acres 6. Describe any proposed General Plan Amendment or Zone Change which would affect the project site(attach additional sheet if necessary):Specific Plan Amendment application being filed concurrently. 7. Square Footage of Structure(s): 196,618 sq ft 8. Number of floors of construction: (1) one 9. Include a description of all permits which will be necessary from the city and other governmental agencies in order to fully implement the project: 10. Describe the physical setting of the site as it exists before the project, including information on topography, soil stability, plants and animals, mature trees, trails and roads, drainage courses, and scenic aspects. Describe any existing structures on site (including age and condition)and the use of the structures. Attach photographs of significant features described. In addition, site sources of information(i.e. geological and/ or hydrologic studies, biotic and archeological surveys,traffic studies): The site is located at the southwest corner of S. Highland Ave. and Sierra Ave; Juniper Ave is located to the west of the property line; Partially developed and undeveloped lots are located to the south;The lot currently slopes at roughly 2.5% south from Highland Ave.toward Walnut St.;The existing ground surface consists of grass, shrubs, and small trees; There is an existing 40'x40' easement for the"palm tree"cell tower in the northwest corner of lot;Approx 200'South Highland Ave., 375'east of Juniper Ave.;A sidewalk exists from the corner of Juniper Ave. and Highland Ave., continues along the north edge of the site along Highland Ave, turns south at Sierra Ave., and ends at the existing bus stop on Sierra Ave; Overhead power lines are existing along Highland Ave. and along Juniper Ave;The storm water run-off currently sheet flows south toward Walnut St.; there are 42" RCP stormdrain inlets on both Sierra Ave. and Juniper Ave (see Water Quality Management Plan June 2012). According to the Geotechnical Report dated January 2004, cobbles and boulders up to 36"in size are located in the subsurface soils, and the dry/granular soils are susceptible to caving. Page 2 of 6 11. Describe the known cultural and/ or historic aspects of the site. Site all sources of information(books,published reports,and oral history): To be analyzed in Project EIR. 12. Describe any noise sources and their levels that now affect the site (i.e. aircraft, roadways noise etc.); and how they will affect proposed uses: Sierra Avenue: 210 Freeway Traffic Noise. 13. Describe the proposed project in detail. This should provide an adequate description of the site in terms of ultimate use,which will result from the proposed project. Indicate if there are proposed phases for development, the extent of development with each phase, and the anticipated completion of each increment. (Attach additional sheets if necessary): See Exhibit "A" attached. 14. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use(single-family, multi-family,commercial,industrial,etc.) and scale of development(height,frontage,setback,rear yard,etc): North of project - SR 210 Freeway and auto dealership South of project - Vacant land and scattered Residential East of project- Single Family Residential Wayne Ruble Middle School and vacant land Page 3 of 6 15. Will the proposed project change the pattern, scale or character of the surrounding general area of the project? To be discussed in project EIR 16. Indicate the type of short-term and long-term noise to be generated, including source and amount. How will these noise levels affect adjacent properties and on-site uses? What methods of soundproofing are proposed? To be analyzed in project EIR 17. Indicate proposed removals and/or replacements of mature or scenic trees: All existing trees on site to be removed. 18. Indicate any bodies of water(including domestic water supplies)into which the site drains: Project will tie into off-site detention basin to be constructed by City. RESIDENTIAL PROJECTS 19.Number of residential units: N/A Detached(indicate range of parcel sizes,minimum lot size and maximum lot size): Page 4 of 6 a ` Attached(indicate whether units are rental or for sale): 20. Anticipated range of sale prices and/or rents: Sale Price(s) $ to $ Rent(per mo.) $ to$ 21. Specific number of bedrooms by unit type: COMMERCIAL,INDUSTRIAL,AND INSTITUTIONAL PROJECTS 22. Describe type of use(s)and major function(s)of commercial,industrial or institutional uses: Retail and food-related uses. 23. Total floor area of commercial, industrial,or institutional uses by type: Major Retail 1 196,618 sq. ft. Outparcels 45,360 sq. ft. TOTAL: 241,978 sq. ft. 24. Indicate hours of operation: 24 hours per day/ 7 days a week Page 5 of 6 ALL PROJECTS 25. Have the water, sewer, fire, and flood control agencies serving the project been contacted to determine their ability to provide adequate service to the proposed project? If so, please indicate their response. To analyzed in Project EIR 26. In the known history of this property, has there been any use, storage, or discharge of hazardous and/or toxic material? Examples of hazardous and/or toxic materials include, but are not limited to, PCB's, radioactive substances, pesticides and herbicides, fuels, oils, solvents, and other flammable liquid and gases. Also note underground storage of any of the above. Please list the materials and describe their use, storage, and for discharge on the property,as well as the dates of use,if known. N/A 27. Will the proposed project involve the temporary or long-term use,storage or discharge of hazardous and/or toxic materials,including but not limited to those examples listed above?If yes,provide an inventory of all such materials to be used and proposed method of disposal. The location of such uses,along with the storage and shipment areas,shall be shown and labeled on the application plans. The Maior I retail store may carry pool chemical, petroleum products and paint products. The gas station will store gasoline. I hereby certify that the statements furnished above, and in the attached exhibits, present the data and information required for adequate evaluation of this project to the best of my ability that the facts,statements,and information presented are true and correct to the best of my knowledge and belief. I further understand that additional information may be uired to be submitted before an adequate evaluation can be made by the City ontapa: Date: D F'�l a Signature:/ 7 ' Title:Joh Clarke - Vice President of Real Estate Page 6 of 6 C I T Y O F 12:36 pm FONTANA City of Fontana 09/24/2012 8353 Sierra Avenue Fontana, CA 92335 (909) 350-7640 C At 1 F O R NtA. Planning Invoice Case No: SPA12-000002 Invoice Date: 09/24/2012 Parcel No: 024009104 Project Type: SPA Project Subtype: AMENDMENT Site Address: 16733 S HIGHLAND AV, FONTANA, CA 92336 Owner Information Applicant Information Paver of Fee Information WAL-MART STORES INC WAL-MART STORES INC WAL-MART STORES INC PO BOX 8050 MS 0555 BENTONVILLE AR PO BOX 8050 MS 0555 BENTONVILLE AR PO BOX 8050 MS 0555 BENTONVILLE A BENTONVILLE AR, 727128050 BENTONVILLE AR, 727128050 BENTONVILLE AR, 727128050 Description: MAL-MART PROPOSED AMENDMENT TO THE CURRENT SPECIFIC PLAN TO ALLOW THE WAL-MART STORE. Fee Amount Due SPECIFIC PLAN APPLICATION AMENDMENT DEPOSIT 12,972.50 PUBLICATION NOTICE 100.00 ARCHIVE 30.00 Ljt vJ ,L? a.; • Fee Totals: $13,102.50 Invoiced By:JSD PLANNING Copy COF_Pln_ProjInvoice.rpt Page 1 of 1 CI?IIf f:; s TIM S mmo- C ! 7 Y OF FONTANA 12:33 pm City of Fontana 09/24/2012 I. 8353 Sierra Avenue Fontana, CA 92335 F R (909) 350-7640 Planning Invoice Case No: CUP12-000027 Invoice Date: 09/24/2012 Parcel No: 024009104 Project Type: CUP Project Subtype: ABC-TYPE 21 OFF Site Address: 16733 S HIGHLAND AV, FONTANA, CA 92336 Owner Information Applicant Information Payer of Fee Information WAL-MART STORES INC WAL-MART STORES INC WAL-MART STORES INC PO BOX 8050 MS 0555 BENTONVILLE AR PO BOX 8050 MS 0555 BENTONVILLE AR PO BOX 8050 MS 0555 BENTONVILLE A BENTONVILLE AR, 727128050 BENTONVILLE AR, 727128050 BENTONVILLE AR, 727128050 Description: MAL-MART Fee Amount Due CONDITIONAL USE PERMIT POLICE REVIEW 40.00 ABC LICENSE NEW(NO EXISTING CUP) 1,285.00 ARCHIVE 30.00 FAIL) 2 Fee Totals: $1,355.00 Invoiced By:1SD PLANNING Copy COF_Pln_Projlnvoice.rpt Page 1 of 1 C s `1-1'AS NOS a t r r Of FONT.A \ City of Fontana 12:30 pm w y 09/24/2012 8353 Sierra Avenue Fontana, CA 92335 O R N (909) 350-7640 CALIFIA Planning Invoice Case No: DRP12-000017 Invoice Date: 09/24/2012 Parcel No: 024009104 Project Type: DRP Project Subtype: COMMERCIAL Site Address: 16733 S HIGHLAND AV, FONTANA, CA 92336 Owner Information Applicant Information Paver of Fee Information MR JASON SHERIDAN WAL-MART STORES INC WAL-MART STORES INC WAL-MART STORES INC PO BOX 8050 MS 0555 BENTONVILLE AR PO BOX 8050 MS 0555 BENTONVILLE AR PO BOX 8050 MS 0555 BENTONVILLE A BENTONVILLE AR, 727128050 BENTONVILLE AR,AR 727128050 BENTONVILLE AR, AR 727128050 Description: MAL-MART PROPOSAL TO REVIEW THE SITE AND ARCHITECTURAL REVIEW FOR THE CONSTRUCTION OF A NEW WAL-MART STORE OF APPROXIMATELY 196,024 SQ.FT.,RESTAURANT SPACE OF APPROXIMATELY 18,815 SQ.FT.,RETAIL SPACE OF APPROXIMATELY 22,465 SQ.FT.,AND GAS STATION OF APPROXIMATELY 4,080 SQ.FT. Fee Amount Due FISH&GAME FILING MITIGATED NEGATIVE DECLARATION 2,101.50 CLERK OF THE BOARD FILING FEE 50.00 DESIGN REVIEW ENGINEERING REVIEW 1,340.00 COMMERCIAL/INDUSTRIAL>20 AC 12,203.00 CECIA r•• „, INITIAL STUDY/NEGATIVE DECLARATION 1,375.00 SE!' 2 4 . ,. PUBLICATION NOTICE 100.00 PROJECT SIGN DEPOSIT 300.00 C:4;;, ,r POLICE REVIEW 82.00 ENVIRONMENTAL SWQMP PC 1,400.00 DESIGN REVIEW-FIRE 802.00 ARCHIVE 30.00 Fee Totals: $19,783.50 Invoiced By:JSD PLANNING Copy COF_Pln_Projlnvoice.rpt Page 1 of 1 011141 ,;:.,,<, II . • OF q1:7...z.,:!s; RECki.) PI:: 7.4).-,-..,■:: 1..Apii:ci:::1 F:E6TFF. mr_iiif.:- c.:,ff,2,11i4i:ji:::..i .i.,•:_p_i ... GRESHAM SAVAGE Ma1ou.Miraflores(vGreshamSavage.com • San Bernardino Oi I ice (91)9)890-4499 • fix(909)890-9877 Transmittal To: Pete Ritchey Nasland Engineering 4740 Ruffner Street San Diego, CA 92111 From: Malou Miraflores Date: September 19, 2012 Re: Fontana N&S Notary Acknowledgment Pages Enclosed please find: O For your files. O For your information. XFor your use. O For review and/or comments. El In accordance with your request. O Please sign and return. O Please telephone me. Comments: Pete — please incorporate an acknowledgment page to each of the Fontana applications. Thanks CiflUitC 3751) linkcrsity Avenue, Suite 250 • Riverside, California )2501 550 East Hospitality I ane, Suite 301) • San Bernardino. California 92408 501 W. Broady+ay, Suite 801) • San Diego, California 92101 (ireshamSa5 age.corn wt,:7-I,,01(111,, Iti) ( 5, tilrri (112-111 .+0`01 i 1 ACKNOWLEDGMENT State of Arkansas County of Benton I ss. I On .4_ ./ 411 %i . 1/2- fore me, i i , i�j,,,,,._ , Notary Public, s ersonally appeared �. '- ,c , who proved to me on the basis of satisfactory evidence to be the person(s)-whose name(s)' is/.axx-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/he /their'authorized capacityfies), and that by his/her/their signatures(eron the instrument the person or the entity upon behalf of which the personWacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Arkansas that the foregoing paragraph is true and correct. ` ►BENttp,,,', WITNESS my hand and official seal. �J`�P`...•No 7�FTj,��,, C. 3 r. .-- ° NOTARY • PUBL\G _ i .•• ftIrsi_/A__∎ ' Ate1-!/./. /�� '�����iii�tNitntttN������````• Sign. (seal) ACKNOWLEDGMENT State of Arkansas County of Benton } ss. On b e me, � ' 1�;�i A Notary Public,personally appeared , who proved to me on the basis of satisfactory evidence to be the person('whose name(,$). is/axe-subscribed to the within instrument and acknowledged to me that he/sh executed the same in his/het/their authorized capacity(ics), and that by his/he ,fir signatures(rsf on the instrument the person or the entity upon behalf of which the personcted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Arkansas that the foregoing paragraph is true and correct. E//////////// WITNESS my hand and official seal. 01"0•' ;. , :' NOTAR Y` ' a IP .0 p c � .•• : : .• ,/ 10: S'gnatur (seal) Exhibit B Statement of Justification Conditional Use Permit for the Sale of Alcoholic Beverages Walmart engages in general retail sales and will provide consumers with a wide variety of merchandise, groceries and services separate from alcoholic beverages, which are offered as a secondary item to other merchandise. The approval of this Conditional Use Permit ("CUP") will allow Walmart to add wine, beer and liquor to its extensive inventory, and enhance the value of the store as a destination for"one-stop shopping". Walmart is prepared to sell alcoholic beverages at this location responsibly and in compliance with California law. The large store atmosphere, the well-lit parking lot, the training program, the security cameras, and Walmart's "Responsible Sale of Alcohol Policy", are all conducive to the responsible sale of alcoholic beverages at Walmart. With these security and educational measures in place, the addition of alcoholic beverages to the general merchandise inventory will increase customer convenience, without any detrimental impact on surrounding land uses. Below are specific facts in order to support the necessary findings under Fontana Municipal Code Section 30-46: Finding 1: The proposed use is consistent with the general plan and the applicable land use zone. Facts in Support of Finding: The site has a General Plan designation of General Commercial (C-G) and is zoned "Fontana Promenade Specific Plan", with a Specific Plan Land Use Designation of Commercial/Retail. A Specific Plan Amendment is being sought concurrently with this CUP application, in order to allow a greater building square footage and to allow for other uses that are proposed for the overall shopping center development in which the Walmart store will be located. Once the Specific Plan Amendment is approved, the overall development and proposed operations of the Walmart store will comply with the Fontana Promenade Specific Plan in every respect. The sale of alcoholic beverages will be an incidental use to the overall general retail sales proposed at this site, and will thus be consistent with the general plan and applicable land use zone. Finding 2: The site for the intended use is adequate in size, shape topography, accessibility, and other physical characteristics to accommodate the use and all the required provisions of this chapter including yards, setbacks, walls or fences, landscaping and other applicable regulations. Facts in Support of Finding: The site will consist of a 180,856 square foot Walmart store situated on approximately 19.72 acres (as part of a larger, 241,978 square foot shopping center on 27.41 acres). Ample customer access to the site will be provided by a signalized access point and one right-in/right-out entrance off of Highland Avenue; one signalized access point and one right-in/right-out entrance off of Sierra Avenue; and two unsignalized access points off of Juniper Avenue (trucks will access the site via the northerly entrance off of Juniper Avenue). The sale of alcoholic beverages will comprise only a small portion of the overall retail sales at this site, the size and configuration of which is adequate to accommodate the larger retail use. As shown on the Site Plan (Exhibit C), the site will comply with all yard, setback, wall, fence, landscaping and other applicable regulations under both the Fontana Municipal Code and the Fontana Promenade Specific Plan. Finding 3: Adequate streets and highways exist to carry the type and quantity of traffic anticipated by the proposed land use, and adequate access to utilities and other services exists. Facts in Support of Finding: The site is located at the southwestern corner of Sierra Avenue and S. Highland Avenue, just south of the State Route 210 Freeway. The project site is bounded by Juniper Avenue to the west, S. Highland Avenue to the north, Sierra Avenue to the east, and Baseline Avenue to the south. Sierra Avenue is the major north/south arterial thoroughfare through the central part of the City of Fontana that connects Interstate 15, State Route 210 and Interstate 10. Development standards and design guidelines limit direct access from Sierra Avenue from adjacent private properties to achieve desired traffic flows. According to Section 2.6 of the Fontana Promenade Specific Plan, additional right-of-way dedications are required for improvements to the streets adjacent to the Specific Plan area, including Sierra Avenue, Juniper Avenue, Walnut Avenue and Baseline Avenue. All necessary utility connections will be provided prior to the Walmart store opening for business. (See Utility Plan, Exhibit D). The existing streets and highways are anticipated to adequately accommodate the traffic volumes that will be generated by the Walmart store as a whole, and existing utility systems and City services will be adequate to meet the demands of the Walmart store. To the extent that the environmental impact report ("EIR") prepared for the Walmart project identifies any significant traffic, utility or public services impacts, Walmart will be required to mitigate these impacts to the extent feasible, either through the installation of improvements or payment of fair share fees. Finding 4: The proposed use at the specific location will be compatible with surrounding properties and there will be no adverse effect to surrounding properties or their permitted uses. and Finding 5: The proposed use will be organized, designed, constructed, operated and maintained so as to be compatible with the character of the area as intended by the general plan. Facts in Support of Findings: Walmart will provide alcoholic beverages as one component of its grocery sales, similar to most supermarkets. Walmart's internal policies and procedures will ensure that the sale of alcoholic beverages is compatible with the character of the area, and that there will be no adverse effect to surrounding properties or their permitted uses (such as increased crime), by preventing the sale of alcohol to minors; preventing theft of alcoholic beverages; and prohibiting loitering and/or consumption of alcoholic beverages on the premises through the following measures: State-of-the-Art Cash Registers: Walmart's cash registers employ state of the art technology designed to help cashiers confirm a customer's age as part of every alcohol sales transaction. Location of the Alcohol Display: Walmart displays alcohol away from the entrance of the store. Locating the alcohol display on the side of the store discourages theft. Also, the size of the store and the parking lot distinguish Walmart from a neighborhood liquor store, and decrease the likelihood customers will come to a Walmart to purchase alcohol only. Security Cameras: Walmart will secure the alcohol display by repositioning one or more security cameras at a location where Walmart Asset Protection employees can monitor the alcohol display area. Tapes of the camera footage will be stored on site and can be made available to local law enforcement upon request. Walmart already positions security cameras above the cashier registers to monitor sales transactions. The cameras allow Walmart to confirm whether cashiers input the required driver's license information when prompted to do so by the cash register (see the attached Responsible Vendor of Alcohol policy). The cameras record cashiers who "override" the cash register instead of checking a driver's license, and provide Walmart a tape to use when terminating a cashier. When Walmart hires a cashier, the employee is advised of Walmart's corporate policy, which provides for the termination of any cashier who sells alcohol to a minor. Responsible Alcohol Sales Training Program: Walmart trains all cashiers and managers to sell alcohol in compliance with California law using a computer- based training program and in methods to spot fake identification. An employee must score 100%on the final test to begin working as a cashier. Security in the Walmart Parking Lot: The Walmart parking lot is well-lit,and the continual presence of employees retrieving shopping carts discourages loitering. Furthermore, Walmart maintains a strict policy regarding the consumption of alcohol on the premises. Finding 6: Any adverse effects upon the surrounding properties are justified by the benefits conferred upon neighborhoods or the community as a whole, and those potential adverse effects to the health, safety and general welfare of the community shall be minimized. Facts in Support of Finding: Walmart's inventory includes a wide variety of products not typically located within any one retail establishment, of which alcoholic beverages only comprise a small part. The difference or uniqueness of Walmart's "one-stop shopping" approach is in the convenience it provides to the customer. The approval of this CUP will allow Walmart to add beer, wine and liquor to its extensive inventory, and enhance the value of the store as a destination for one-stop shopping in a safe, well-lit environment. Furthermore, by providing one-stop shopping, the premises will provide a convenience to the community that may result in fewer vehicle trips and less traffic congestion. The closest full-service supermarket to the site is Ralphs, which is located approximately 1.5 miles away,north of State Route 210. This Ralphs supermarket is not within the same census tract(Census Tract 23.01)that will be served by the Walmart store. There are currently only four active licenses issued by the California Department of Alcoholic Beverage Control within the census tract in which the site is located, and a total of six licenses are allowed. Thus, the area currently does not have an overconcentration of alcoholic beverage sales establishments. In fact, none of the existing licenses within this census tract is for a full-service supermarket, where customers could purchase a full range of groceries in addition to alcoholic beverages. Accordingly, approval of this CUP will fill a current need that exists in this community for residents to be able to purchase groceries, general merchandise and alcoholic beverages in one, convenient location close to home rather than have to drive to multiple stores to purchase desired products. Wal-Mart Stores, .Inc. — Responsible Vendor of Alcohol. Because Wal-Mart takes its responsibilities as a good corporate citizen seriously, Wal-Mart trains its associates and managers on responsible policies and procedures for selling alcohol to the public. The policy focuses on preventing sales to minors,to already intoxicated customers, and during prohibited times and days. Summary of Alcohol Policy Our policies prohibit underage sales and are reinforced with technology,training,monitoring, and discipline. In order to prevent such sales, Wal-Mart has instituted the following procedures: • Instruct store associates on Wal-Mart's Identification Policy,which outlines the following: o Approved forms of ID—all of which are government-issued o Pointers for spotting fake IDs and intoxicated customers. o "ACE" steps for complying with law: • Assess—Assess whether the customer appears under 27 (40—After May, 1,2008) • Check—Check for ID and birth date • Enter—Enter date of birth into register to determine age Technology: • Registers perform an integral role in our Training: alcohol sales compliance program by helping to • New employee orientation for store prevent sales to minors and sales during managers includes alcohol compliance restricted hours. training. • Register Prompts in Place to Prevent Sales to • When a store obtains an alcohol license, Minors: all associates who act, or might act, as o When an alcoholic beverage is scanned: cashiers must take an alcohol compliance • The register stops the transaction and asks computer-based training(CBL)program if the customer appears to be under 27 and score 100%. years old(under 40 in some markets). • Associates are required to score 100%on • The associate must then enter the the alcohol CBL within 15 days of the customers' Date of Birth before the stores' license issuance or hire date. transaction can proceed. • All associates who are coded as cashiers o Cashiers must require ID from any customer must retake the alcohol CBL yearly upon who appears to be under the age of 27. In the anniversary of their date of hire. This some markets,the age to request ID is anyone ensures that associates are trained under 40. The ID 40 Program will be in place annually. nationwide by May 1, 2008. • Training includes information on how to • Restricted Hours: turn down alcohol sales. o Registers are programmed with applicable alcohol sales days and hours by the home office. Monitoring: o If an associate attempts to sell alcohol during a • Where required by law, customer service prohibited time,the register will stop the managers(CSMs)must complete transaction. transactions for employees under 21. o Generally,these prompts are set according to state law. o If the locality in which a particular store has Discipline: more restrictive hours of alcohol sales than the Associates who violate this policy will be state,hours of sale are set based on the local terminated and not eligible for rehire. rule. w 1365-Cahforma ABC ProccJures--24U390 I W1365-000 640137 EXHIBIT A PROJECT DESCRIPTION The proposed Project consists of the construction of an approximately 241,978 square foot shopping center on approximately 27.41 acres, located at the southwestern corner of Sierra Avenue and S. Highland Avenue, south of the State Route 210 Freeway. The project site is bounded by Juniper Avenue to the west, S. Highland Avenue to the north, Sierra Avenue to the east, and Baseline Avenue to the south. Proposed customer access to the Project will be provided by a signalized access point.and one right-in/right-out entrance off of Highland Avenue; one signalized access point and one right-in/right-out entrance off of Sierra Avenue; and two unsignalized access points off of Juniper Avenue (trucks will access the Project site via the northerly entrance off of Juniper Avenue). The site will be subdivided into eight parcels. The largest parcel (approximately 19.72 acres) will be the location of a Walmart and associated parking stalls. The proposed uses and configuration for the seven outparcels are as follows: Outparcel Proposed Use Acreage± Square Footage 1 Restaurant 1.34 7,255 2 Fast Food 0.76 3,570 3 Retail 0.58 5,270 4 Retail 1.76 17,195 5 Fast Food 1.05 3,995 6 Fast Food 0.85 3,995 7 Gas station 1.35 4,080 The Walmart store will be approximately 180,856 square feet in size,with all appurtenant structures and facilities, and will offer groceries and general retail merchandise, including alcoholic beverages for off-site consumption. The Walmart will include a 5,793 square foot outdoor garden center with an exterior customer pick-up facility for prepaid bagged garden supplies, such as potting soil and mulch. The exterior pick-up facility will have an attendant to assist with customer loading, but will not accommodate direct sales as all supplies picked up from the exterior pick-up facility will be prepaid. The exterior pick-up facility will operate during the same hours as the garden center. The Walmart will also include a 5-bay tire and lube facility, which will provide routine servicing and maintenance of vehicles, including tire service and oil changes. The Walmart may have outdoor seasonal sales in the parking lot, and may conduct sidewalk sales along the front of the store. Finally,the Walmart will include a pharmacy with a drive-through lane. The Walmart may also include a medical clinic; a vision and hearing care center; food service; a photo studio and photo finishing center; a banking center and other similar accessory uses. The Walmart will include truck doors and loading facilities. The Walmart will operate 24 hours a day. Entitlements Needed: • Specific Plan Amendment(Fontana Promenade Specific Plan) • Conditional Use Permit(required for the sale of alcoholic beverages) • Design Review • Tentative Parcel Map Exhibit E Justification for Specific Plan Amendment: Fontana Promenade Specific Plan The Project is located within "Planning Area 1" of the Fontana Promenade Specific Plan ("Specific Plan"), with a land use designation of "Commercial/Retail". Within this Planning Area,the following uses are currently prohibited: individual retail uses that exceed 75,000 square feet of ground floor footprint; grocery stores over 25,000 square feet; gas stations; and fast food restaurants with drive-through. (Existing Specific Plan § 4.2.1). The proposed Project consists of the construction of an approximately 241,978 square foot shopping center, which will be anchored by a 180,856 square foot Walmart store with a full grocery department. Outparcels within the shopping center are proposed to include smaller retail uses, a convenience store with gas station, and several drive-through fast-food restaurants. The Project would not be permitted under the existing Specific Plan, and would not be financially viable if required to conform to the existing Specific Plan limitations. Accordingly, in order to accommodate the greater square footage and proposed uses within the Project, the Specific Plan will need to be amended to eliminate the prohibition of buildings over 75,000 square feet, and eliminate the prohibited uses referenced above. With these proposed changes to accommodate the Project, the combined maximum area of commercial building area within the Specific Plan will not exceed 525,000 square feet, which is well within the maximum 664,000 square feet of commercial building area allowed under existing Specific Plan Section 4.1.3. With the completion of the I-210 east to Sierra Avenue, the Specific Plan area represents a significant "gateway" location into this rapidly growing area of Fontana. The proposed Project and Specific Plan Amendment would be consistent with the General Plan's intent for this area as a "Growth Area", by providing for commercial retail development on a site which is currently vacant and underutilized. In addition, the proposed Specific Plan amendment would achieve General Plan and Specific Plan policies and objectives in the following ways: • Create a successful commercial center that is adaptive to current market and fiscal conditions, and that is competitive with other major retail activity centers in surrounding cities; • Meet the rapidly growing residential population needs in this area while capturing revenues that are currently being lost to surrounding communities, and create new sources of sales tax revenue for the City of Fontana; • Contribute to the balance of jobs and housing by stimulating employment opportunities in Fontana and providing for employment-generating commercial retail uses within the Specific Plan area; and • Capitalize on the proximity of the I-210 and Sierra Avenue by maximizing commercial development within these transportation corridors. Certifications I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Developer's Proiect Engineer Signature Tom/' Signature Date Pete Ritchey-Nasland Engineering MI I/we certify that I/we am/are the legal owner of the project and hereby accept responsibility for the implementation of the provisions of this SWQMP as long as I/we retain ownership of this property and that upon the sale of this land, I/we will deliver this plan to the future owner and inform him of the requirement to implement the plan. Owner(s)Signature John Clarke VP of Real Estate-Wal-Mart Stores,Inc. Na Title .lg►/ ign- re Date for use by City of Fontana only Environmental Section Approval of SWQMP I, and /or personnel acting under my direction and supervision, have reviewed this SWQMP and find that it meets the requirements set forth in the City of Fontana's Storm Water Ordinance. Acceptance or approval of this Storm Water Quality Management Plan in no way precludes the authority of this agency to require modification to the plan as conditions warrant nor does this agency take responsibility for performance of BMPs provided for in the Plan. Signature Date of SWQMP Approval e" � Stewart Title of California, Inc SteV�t 0 c r ' 760 West Main Street • ON1P El Centro, CA 92243 .tltie of callfornia, inc. (760)335-3980 Phone PRELIMINARY REPORT Order Number : 429968 Title Unit Number : 7434 Your File Number : 11000031337 In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc. hereby reports that it is prepared to issue,or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,insuring against loss which may be sustained by reason of any defect,lien or encumbrance not shown or referenced to as an Exception on Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forms. • The printed Exceptions and Exclusions from the coverage and Limitations on covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause,all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limits of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read.They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully.The exceptions and exclusions are meant to provide you with notice of matters,which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens,defects,and encumbrances affecting title to the land. This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance a binder or commitment should be requested. Dated as of: April 25,2012 at 7:30 a.m. Update No. 1 Kaz Bernath,Title Officer When replying,please contact: Stephanie Natalino Stewart National Title Services 2 N La Salle St Ste 1400 Chicago,Illinois 60602-4037 (312) 849-4400 File Number: 429968 Page 1 of 9 PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report is: 0 California Land Title Association Standard Coverage Policy O American Land Title Association Owners Policy ❑ American Land Title Association Residential Title Insurance Policy ❑American Land Title Association Loan Policy CLTA/ALTA Homeowners Policy 0 ALTA Short Form Residential Loan Policy(06/16/07) ❑ 2006 ALTA Loan Policy ®Preliminary Report SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: Fee Title to said estate or interest at the date hereof is vested in: Wal-Mart Stores,Inc.,a Delaware corporation File Number: 429968 Page 2 of 9 LEGAL DESCRIPTION The land referred to herein is situated in the State of California,County of San Bernardino,City of Fontana,and described as follows: PARCEL 1: THE SOUTH HALF OF LOT 26 OF ORANGE HEIGHTS,IN THE CITY OF FONTANA,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 19,PAGE 23 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, EXCEPTING THEREFROM,THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE SOUTH HALF OF THE NORTH HALF OF SAID LOT 26,PER A DEED RECORDED AS INSTRUMENT NO. 89-305315,OFFICIAL { RECORDS, SAID POINT BEING ON THE EASTERLY 30.00 FOOT HALF WIDTH SIDELINE OF JUNIPER AVENUE AS SHOWN ON SAID MAP;THENCE ALONG THE SOUTH LINE OF SAID SOUTH HALF OF THE NORTH HALF,NORTH 89°47'33" EAST 1,197.49 FEET TO THE WESTERLY 30.00 FOOT HALF WIDTH SIDELINE OF SIERRA AVENUE AS SHOWN ON SAID MAP;THENCE ALONG SAID SIDELINE, SOUTH 00° 16'44" EAST 144.65 FEET;THENCE SOUTH 90°00'00"WEST 36.00 FEET;THENCE NORTH 00° 16'44"WEST 112.14 FEET;THENCE NORTH 45° 13' 12"WEST 32.49 FEET;THENCE,PARALLEL TO THE NORTH LINE OF THE SOUTH HALF OF SAID LOT 26, SOUTH 89°50'00"WEST 1,111.49 FEET;THENCE SOUTH 44°46'55"WEST 38.21 FEET TO THE EASTERLY SIDELINE OF SAID JUNIPER AVENUE;THENCE ALONG SAID EASTERLY SIDELINE l] NORTH 00° 16'33" WEST 35.52 FEET TO THE POINT OF BEGINNING,AS DEEDED TO THE CITY OF FONTANA,IN DEED RECORDED AUGUST 11, 1997 AS INSTRUMENT NO.97-287985,OFFICIAL RECORDS. (APN: 0240-091-04) PARCEL 2: THE EASTERLY 755.472 FEET OF THE NORTH HALF OF THE NORTH HALF OF LOT 27,ORANGE HEIGHTS ACRES,AS PER MAP RECORDED IN BOOK 19,PAGE 23 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY. EXCEPTING THEREFROM,THAT PORTION CONVEYED TO THE CITY OF FONTANA,BY DEED RECORDED FEBRUARY 6,2002 AS INSTRUMENT NO. 20020060616, OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THE EASTERLY 36.00 FEET OF THE NORTH HALF OF LOT 27, ORANGE HEIGHTS ACRES,IN THE CITY OF FONTANA,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 19,PAGE 23 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.THE EASTERLY LINE OF SAID LOT 27 BEING A LINE PARALLEL WITH AND 30.00 FEET WESTERLY OF THE CENTERLINE OF SIERRA AVENUE(SHOWN AS MAGNOLIA AVENUE ON SAID MAP OF ORANGE HEIGHTS ACRES). (APN:0240-091-05) File Number: 429968 Page 3 of9 PARCEL 3: THE NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF LOT 27,ORANGE HEIGHTS ACRES,AS PER MAP RECORDED IN BOOK 19,PAGE 23 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY. EXCEPTING THEREFROM,THAT PORTION CONVEYED TO THE CITY OF FONTANA,BY DEED RECORDED FEBRUARY 6,2002 AS INSTRUMENT NO.20020060616 OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THE EASTERLY 36.00 FEET OF THE NORTH HALF OF LOT 27,ORANGE HEIGHTS ACRES,IN THE CITY OF FONTANA,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 19,PAGE 23 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE EASTERLY LINE OF SAID LOT 27 BEING A LINE PARALLEL WITH AND 30.00 FEET WESTERLY OF THE CENTERLINE OF SIERRA AVENUE(SHOWN AS MAGNOLIA AVENUE ON SAID MAP OF ORANGE HEIGHTS ACRES). (APN: 0240-091-06) PARCEL 4: THE SOUTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF LOT 27,ORANGE HEIGHTS ACRES,AS PER MAP RECORDED IN BOOK 19,PAGE 23 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF FONTANA,BY DEED RECORDED FEBRUARY 6,2002 AS INSTRUMENT NO.20020060616 OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THE EASTERLY 36.00 FEET OF THE NORTH HALF OF LOT 27,ORANGE HEIGHTS ACRES,IN THE CITY OF FONTANA,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 19,PAGE 23 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE EASTERLY LINE OF SAID LOT 27 BEING A LINE PARALLEL WITH AND 30.00 FEET WESTERLY OF THE CENTERLINE OF SIERRA AVENUE(SHOWN AS MAGNOLIA AVENUE ON SAID MAP OF ORANGE HEIGHTS ACRES). (APN: 0240-091-07) PARCEL 5: THE NORTH HALF OF THE NORTH HALF OF LOT 27,ORANGE HEIGHTS ACRES,AS PER MAP RECORDED 1N BOOK 19,PAGE 23 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY. EXCEPTING THEREFROM,THE EASTERLY 755.472 FEET THEREOF. (APN:0240-091-23) File Number: 429968 Page 4 of 9 PARCEL 6: THE SOUTH HALF OF LOT 27 OF ORANGE HEIGHTS ACRES,IN THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 19 OF MAPS,PAGE • 23,RECORDS OF SAID COUNTY. EXCEPTING THAT PORTION CONVEYED TO THE CITY OF FONTANA,BY DEED RECORDED DECEMBER 20,2001 AS INSTRUMENT NO. 582778,IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, (APN: 0240-091-08) ff� • (End of Legal Description) 1 File Number: 429968 Page 5 of 9 SCHEDULE B At the date hereof,exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows: Taxes: A. Intentionally deleted. ti B. Intentionally deleted, C. Intentionally deleted, D. Intentionally deleted. E. Intentionally deleted. F. Intentionally deleted. G. The lien of supplemental taxes,if any,assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75)of the Revenue and Taxation Code of the State of California. H. Assessments,if any,for Community Facility Districts affecting said land which may exist by virtue of assessment maps or notices filed by said districts. Said assessments are collected with the County Taxes. I. Property taxes,which are a lien not yet due and payable,including any assessments collected with taxes,to be levied for the fiscal year 2012—2013. Exceptions: 1. Water rights,claims or title to water in or under said land,whether or not shown by the public records. 2. The rights of the public in and to that portion of the herein described land lying within Juniper and Sierra Avenues. 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Purpose: pipelines Recorded: April 4, 1893 in Book 332,Page 278 of Deeds 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document: In favor of: II.E.Harris and Priscilla Harris Purpose: pipeline Recorded: July 6, 1908 in Book 419,Page 318 of Deeds 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document: In favor of: Frank C.Platt Investment Company Purpose: pipe line File Number: 429968 Page 6 of 9 Recorded: February 26, 1914 in Book 546,Page 23 of Deeds 6. Matters contained in an instrument entitled"Memorandum Agreement"dated May 31,2000,by and between Hux Kuo Dou,et al.and Cox PCS Assets,LLC upon the terms therein provided recorded July 6,2001,as Instrument No.01-263853 of Official Records. 7. An unrecorded lease with certain terms,,covenants and provisions set forth therein Dated May 31,2000 Lessor Hux Kuo Dou and Hui Ping Dou Lessee Cox PCS Assets,L.L.C. Disclosed by Memorandum Agreement Recorded July 6,2001 as Instrument No. 01-263853,Official Records The matters contained in an instrument Entitled Assignment of Lease dated December 02,2004 By and between Sierra Highland LLC and Wal-Mart Stores,Inc. upon the terms and conditions and covenants therein provided Recorded December 02,2004 as Instrument No 04-889521 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document: In favor of: City of Fontana Purpose: street,highway and public utilities Recorded: February 6,2002 as Instrument No.02-60620,Official Records 9. Matters contained in an instrument entitled"Memorandum of Option Agreement"dated December 2, 2004,by and between Wal-Mart Stores,Inc.and Pacific/Costanzo-Lewis upon the terms therein provided recorded December 2,2004,as Instrument No. 04-889520 of Official Records. 10. Intentionally deleted. 11. Intentionally deleted. 12. Rights of tenants in possession as tenants only under unrecorded leases. 13. Intentionally deleted. 14. Rights or claims of parties in possession and easements or claims of easements not shown by the public records,boundary line disputes overlaps,encroachments,and any matters not of record,which would be disclosed by an accurate survey,and inspection of the land. 15. The effect of a memorandum of agreement dated September 3,2011,by and between Global Signal Acquisitions III,LLC and MetroPCS California,LLC,recorded January 17,2012,as Instrument No. 2012-0017736,of Official Records. (Affects Parcel 1) (End of Exceptions) File Number: 429968 Page 7 of 9 NOTES AND REQUIREMENTS Please be advised that our search did not disclose any open deeds of trust of record.If you should have knowledge of any outstanding obligation,please contact your title officer immediately for further review. j 1 1 1 1 1 File Number: 429968 Page 8 of 9 CALIFORNIA "GOOD FUNDS" LAW California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds received by Stewart Title of California, Inc. via wire transfer may be disbursed upon receipt. Funds received via cashier's checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit. If funds are received by any other means, recording and/or disbursement may be delayed, and you should contact your title or escrow officer. • All escrow and sub-escrow funds received will be deposited with other escrow funds in one or more non- interest bearing escrow accounts in a financial institution selected by Stewart Title of California, Inc.. Stewart Title of California, Inc. may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution,and Stewart Title of California, Inc. shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by Stewart Title of California, Inc.. Such benefits shall be deemed additional compensation to Stewart Title of California, .Inc. for its services in connection with the escrow or sub-escrow. If any check submitted is dishonored upon presentation for payment, you are authorized to notify all principals and/or their respective agents of such nonpayment. File Number: 429968 Page 9 of 9 1 I■ Q7 a 1 01 fit n• to �6 ►— a1� — —�Y-- ,--- _— —inHw�„-- f N '17i-.0 /4, Will anal :rfet ` ,q 0 H ; rl r b ` . . ! ; C) f1 et M m a '9Y WI ,n 10'l 'nr SO'I 'oY 90Y G V U k C II Zi '11 1 [ It ! ° a 7 �' r∎-•..° jZ I OD N SI C)0 LI CO Ia C 1.. ° 11 1 9 L 9 9 y a.m Op I 1.....4. k c b I /1 4 `Z 96o4�nt I Nom cc.— C 9; O 9 I w .�. d' • I f ....wool.r! spa »Itll h o C x0 �� '0 1t'nt N O O tr1-a-¢ I 1./' w t�pd a 'AC mtn I. 1I �.St; 2 o-Z 'JD -nt ,4I 9 '31 91'6 I ° 00 N .31 0t) I \.. C) / I w _ s ,rri� ' • — Q o./— vi I 90 1 r 14 et J n'Yi I t -I---•'d I V:;.`it 4. I .0 M •I. m /\LI?,,o ('�Y Oil ?• I OTm I \°` 141 S i Ott r1' I 1.k U i4 I LVII • E as n 6s 41 _ r 1 • 'i'4! > C 4i I a .ef tt a w°. 1 yyj l 0— r« I—_ r m e M C '3r ti•i - If / f I- -•�/ i N 0 - ., j I r� o0 !r dl� •s M f O. 1 ) 90 10Yd MO 71ST S95Y 4� a.e° - w 4.ZV © Ir p�av or'1 I. 1 'Jnd '71d °. F n'141 p• ee w a as•s.w [• © • 9 ``4 I S0 1�2 e.J. xm I 1 LASH m a. !.`; �m� `" a, /S If Of'tY a ea III 01 0 i. 1 �.•,11� er 3Y III e°o a l ��.�' lr ..-a a • • f en z r`rrr r 1 • • 0 ° .........s.L.. ''.. 1 Y a.a.a,■••.I- 3 RN 3 A V ----.—_....._ --.-—T...-- ---—N-IV-1.119-H1 N.-I a • 6 - 1a a F T A,, 6111 ' ' wW '' `o s Description: San Bernardino,CA Assessor Map 240.9 Page: 1 of 1 Order: 429968 Comment: _ - - - -- ... .--- - ---- - - - EXHIBIT A PROJECT DESCRIPTION The proposed Project consists of the construction of an approximately 241,978 square foot shopping center on approximately 27.41 acres, located at the southwestern corner of Sierra Avenue and S. Highland Avenue, south of the State Route 210 Freeway. The project site is bounded by Juniper Avenue to the west, S. Highland Avenue to the north, Sierra Avenue to the east, and Baseline Avenue to the south. Proposed customer access to the Project will be provided by a signalized access point.and one right-in/right-out entrance off of Highland Avenue; one signalized access point and one right-in/right-out entrance off of Sierra Avenue; and two unsignalized access points off of Juniper Avenue (trucks will access the Project site via the northerly entrance off of Juniper Avenue). The site will be subdivided into eight parcels. The largest parcel (approximately 19.72 acres) will be the location of a Walmart and associated parking stalls. The proposed uses and configuration for the seven outparcels are as follows: Outparcel Proposed Use * : .Acreage t: Square Footage 1 Restaurant 1.34 7,255 2 Fast Food 0.76 3,570 3 Retail 0.58 5,270 4 Retail 1.76 17,195 5 Fast Food 1.05 3,995 6 Fast Food 0.85 3,995 7 Gas station 1.35 4,080 The Walmart store will be approximately 180,856 square feet in size,with all appurtenant structures and facilities, and will offer groceries and general retail merchandise, including alcoholic beverages for off-site consumption. The Walmart will include a 5,793 square foot outdoor garden center with an exterior customer pick-up facility for prepaid bagged garden supplies, such as potting soil and mulch. The exterior pick-up facility will have an attendant to assist with customer loading, but will not accommodate direct sales as all supplies picked up from the exterior pick-up facility will be prepaid. The exterior pick-up facility will operate during the same hours as the garden center. The Walmart will also include a 5-bay tire and lube facility, which will provide routine servicing and maintenance of vehicles, including tire service and oil changes. The Walmart may have outdoor seasonal sales in the parking lot, and may conduct sidewalk sales along the front of the store.Finally,the Walmart will include a pharmacy with a drive-through lane. The Walmart may also include a medical clinic; a vision and hearing care center; food service; a photo studio and photo finishing center; a banking center and other similar accessory uses. The Walmart will include truck doors and loading facilities. The Walmart will operate 24 hours a day. Entitlements Needed: • Specific Plan Amendment(Fontana Promenade Specific Plan) • Conditional Use Permit(required for the sale of alcoholic beverages) • Design Review • Tentative Parcel Map Exhibit B Statement of Justification Conditional Use Permit for the Sale of Alcoholic Beverages Walmart engages in general retail sales and will provide consumers with a wide variety of merchandise, groceries and services separate from alcoholic beverages, which are offered as a secondary item to other merchandise. The approval of this Conditional Use Permit ("CUP") will allow Walmart to add wine, beer and liquor to its extensive inventory,and enhance the value of the store as a destination for"one-stop shopping". Walmart is prepared to sell alcoholic beverages at this location responsibly and in compliance with California law. The large store atmosphere, the well-lit parking lot, the training program, the security cameras, and Walmart's "Responsible Sale of Alcohol Policy", are all conducive to the responsible sale of alcoholic beverages at Walmart. With these security and educational measures in place, the addition of alcoholic beverages to the general merchandise inventory will increase customer convenience, without any detrimental impact on surrounding land uses. Below are specific facts in order to support the necessary findings under Fontana Municipal Code Section 30-46: Finding 1: The proposed use is consistent with the general plan and the applicable land use zone. Facts in Support of Finding: The site has a General Plan designation of General Commercial (C-G) and is zoned "Fontana Promenade Specific Plan", with a Specific Plan Land Use Designation of Commercial/Retail. A Specific Plan Amendment is being sought concurrently with this CUP application, in order to allow a greater building square footage and to allow for other uses that are proposed for the overall shopping center development in which the Walmart store will be located. Once the Specific Plan Amendment is approved, the overall development and proposed operations of the Walmart store will comply with the Fontana Promenade Specific Plan in every respect. The sale of alcoholic beverages will be an incidental use to the overall general retail sales proposed at this site, and will thus be consistent with the general plan and applicable land use zone. Finding 2: The site for the intended use is adequate in size, shape topography, accessibility, and other physical characteristics to accommodate the use and all the required provisions of this chapter including yards, setbacks, walls or fences, landscaping and other applicable regulations. Facts in Support of Finding: The site will consist of a 180,856 square foot Walmart store situated on approximately 19.72 acres (as part of a larger, 241,978 square foot shopping center on 27.41 acres). Ample customer access to the site will be provided by a signalized access point and one right-in/right-out entrance off of Highland Avenue; one signalized access point and one right-in/right-out entrance off of Sierra Avenue; and two unsignalized access points off of Juniper Avenue (trucks will access the site via the northerly entrance off of Juniper Avenue). The sale of alcoholic beverages will comprise only a small portion of the overall retail sales at this site, the size and configuration of which is adequate to accommodate the larger retail use. As shown on the Site Plan (Exhibit C), the site will comply with all yard, setback, wall, fence, landscaping and other applicable regulations under both the Fontana Municipal Code and the Fontana Promenade Specific Plan. Finding 3: Adequate streets and highways exist to carry the type and quantity of traffic anticipated by the proposed land use, and adequate access to utilities and other services exists. Facts in Support of Finding: The site is located at the southwestern corner of Sierra Avenue and S. Highland Avenue, just south of the State Route 210 Freeway. The project site is bounded by Juniper Avenue to the west, S. Highland Avenue to the north, Sierra Avenue to the east, and Baseline Avenue to the south. Sierra Avenue is the major north/south arterial thoroughfare through the central part of the City of Fontana that connects Interstate 15, State Route 210 and Interstate 10. Development standards and design guidelines limit direct access from Sierra Avenue from adjacent private properties to achieve desired traffic flows. According to Section 2.6 of the Fontana Promenade Specific Plan, additional right-of-way dedications are required for improvements to the streets adjacent to the Specific Plan area, including Sierra Avenue, Juniper Avenue, Walnut Avenue and Baseline Avenue. All necessary utility connections will be provided prior to the Walmart store opening for business. (See Utility Plan, Exhibit D). The existing streets and highways are anticipated to adequately accommodate the traffic volumes that will be generated by the Walmart store as a whole, and existing utility systems and City services will be adequate to meet the demands of the Walmart store. To the extent that the environmental impact report ("EIR") prepared for the Walmart project identifies any significant traffic, utility or public services impacts, Walmart will be required to mitigate these impacts to the extent feasible, either through the installation of improvements or payment of fair share fees. Finding 4: The proposed use at the specific location will be compatible with surrounding properties and there will be no adverse effect to surrounding properties or their permitted uses. and Finding 5: The proposed use will be organized,designed,constructed,operated and maintained so as to be compatible with the character of the area as intended by the general plan. Facts in Support of Findings: Walmart will provide alcoholic beverages as one component of its grocery sales, similar to most supermarkets. Walmart's internal policies and procedures will ensure that the sale of alcoholic beverages is compatible with the character of the area, and that there will be no adverse effect to surrounding properties or their permitted uses (such as increased crime), by preventing the sale of alcohol to minors; preventing theft of alcoholic beverages; and prohibiting loitering and/or consumption of alcoholic beverages on the premises through the following measures: State-of-the-Art Cash Registers: Walmart's cash registers employ state of the art technology designed to help cashiers confirm a customer's age as part of every alcohol sales transaction. Location of the Alcohol Display: Walmart displays alcohol away from the entrance of the store. Locating the alcohol display on the side of the store discourages theft. Also, the size of the store and the parking lot distinguish Walmart from a neighborhood liquor store, and decrease the likelihood customers will come to a Walmart to purchase alcohol only. Security Cameras: Walmart will secure the alcohol display by repositioning one or more security cameras at a location where Walmart Asset Protection employees can monitor the alcohol display area. Tapes of the camera footage will be stored on site and can be made available to local law enforcement upon request. Walmart already positions security cameras above the cashier registers to monitor sales transactions. The cameras allow Walmart to confirm whether cashiers input the required driver's license information when prompted to do so by the cash register (see the attached Responsible Vendor of Alcohol policy). The cameras record cashiers who "override" the cash register instead of checking a driver's license, and provide Walmart a tape to use when terminating a cashier. When Walmart hires a cashier, the employee is advised of Walmart's corporate policy, which provides for the termination of any cashier who sells alcohol to a minor. Responsible Alcohol Sales Training Program: Walmart trains all cashiers and managers to sell alcohol in compliance with California law using a computer- based training program and in methods to spot fake identification. An employee must score 100%on the final test to begin working as a cashier. Security in the Walmart Parking Lot: The Walmart parking lot is well-lit,and the continual presence of employees retrieving shopping carts discourages loitering. Furthermore, Walmart maintains a strict policy regarding the consumption of alcohol on the premises. Finding 6: Any adverse effects upon the surrounding properties are justified by the benefits conferred upon neighborhoods or the community as a whole, and those potential adverse effects to the health,safety and general welfare of the community shall be minimized. Facts in Support of Finding: Walmart's inventory includes a wide variety of products not typically located within any one retail establishment, of which alcoholic beverages only comprise a small part. The difference or uniqueness of Walmart's "one-stop shopping" approach is in the convenience it provides to the customer. The approval of this CUP will allow Walmart to add beer, wine and liquor to its extensive inventory, and enhance the value of the store as a destination for one-stop shopping in a safe,well-lit environment.Furthermore, by providing one-stop shopping, the premises will provide a convenience to the community that may result in fewer vehicle trips and less traffic congestion. The closest full-service supermarket to the site is Ralphs, which is located approximately 1.5 miles away,north of State Route 210.This Ralphs supermarket is not within the same census tract(Census Tract 23.01)that will be served by the Walmart store. There are currently only four active licenses issued by the California Department of Alcoholic Beverage Control within the census tract in which the site is located, and a total of six licenses are allowed. Thus, the area currently does not have an overconcentration of alcoholic beverage sales establishments. In fact, none of the existing licenses within this census tract is for a full-service supermarket,where customers could purchase a full range of groceries in addition to alcoholic beverages. Accordingly, approval of this CUP will fill a current need that exists in this community for residents to be able to purchase groceries, general merchandise and alcoholic beverages in one, convenient location close to home rather than have to drive to multiple stores to purchase desired products. Val-Mart Stores, .Inc. — Responsible Vendor of Alcohol Because Wal-Mart takes its responsibilities as a good corporate citizen seriously, Wal-Mart trains its associates and managers on responsible policies and procedures for selling alcohol to the public. The policy focuses on preventing sales to minors,to already intoxicated customers,and during prohibited times and days. Summary of Alcohol Policy Our policies prohibit underage sales and are reinforced with technology,training,monitoring,and discipline. In order to prevent such sales, Wal-Mart has instituted the following procedures: • Instruct store associates on Wal-Mart's Identification Policy,which outlines the following: o Approved forms of ID—all of which are government-issued o Pointers for spotting fake IDs and intoxicated customers. o "ACE"steps for complying with law: • Assess—Assess whether the customer appears under 27(40—After May, 1,2008) • Check—Check for ID and birth date • Enter—Enter date of birth into register to determine age Technology: • Registers perform an integral role in our Training: alcohol sales compliance program by helping to • New employee orientation for store prevent sales to minors and sales during managers includes alcohol compliance restricted hours. training. • Register Prompts in Place to Prevent Sales to • When a store obtains an alcohol license, Minors: all associates who act,or might act,as o When an alcoholic beverage is scanned: cashiers must take an alcohol compliance • The register stops the transaction and asks computer-based training(CBL)program if the customer appears to be under 27 and score 100%. years old(under 40 in some markets). • Associates are required to score 100%on • The associate must then enter the the alcohol CBL within 15 days of the customers' Date of Birth before the stores' license issuance or hire date. transaction can proceed. • All associates who are coded as cashiers o Cashiers must require ID from any customer must retake the alcohol CBL yearly upon who appears to be under the age of 27. In the anniversary of their date of hire. This some markets,the age to request ID is anyone ensures that associates are trained under 40. The ID 40 Program will be in place annually. nationwide by May 1,2008. • Training includes information on how to • Restricted Hours: turn down alcohol sales o Registers are programmed with applicable alcohol sales days and hours by the home office. Monitoring: o If an associate attempts to sell alcohol during a • Where required by law,customer service prohibited time,the register will stop the managers(CSMs)must complete transaction. transactions for employees under 21. o Generally,these prompts are set according to state law. o If the locality in which a particular store has Discipline: more restrictive hours of alcohol sales than the Associates who violate this policy will be state,hours of sale are set based on the local terminated and not eligible for rehire. rule. W 13651difomia ABC Pmoc klures—240390 1 W1365-000 640137 Exhibit E Justification for Specific Plan Amendment:Fontana Promenade Specific Plan The Project is located within "Planning Area 1" of the Fontana Promenade Specific Plan ("Specific Plan"), with a land use designation of "Commercial/Retail". Within this Planning Area,the following uses are currently prohibited: individual retail uses that exceed 75,000 square feet of ground floor footprint; grocery stores over 25,000 square feet; gas stations; and fast food restaurants with drive-through. (Existing Specific Plan §4.2.1). The proposed Project consists of the construction of an approximately 241,978 square foot shopping center, which will be anchored by a 180,856 square foot Walmart store with a full grocery department. Outparcels within the shopping center are proposed to include smaller retail uses,a convenience store with gas station,and several drive-through fast-food restaurants. The Project would not be permitted under the existing Specific Plan, and would not be financially viable if required to conform to the existing Specific Plan limitations. Accordingly, in order to accommodate the greater square footage and proposed uses within the Project, the Specific Plan will need to be amended to eliminate the prohibition of buildings over 75,000 square feet, and eliminate the prohibited uses referenced above. With these proposed changes to accommodate the Project, the combined maximum area of commercial building area within the Specific Plan will not exceed 525,000 square feet, which is well within the maximum 664,000 square feet of commercial building area allowed under existing Specific Plan Section 4.1.3. With the completion of the I-210 east to Sierra Avenue, the Specific Plan area represents a significant "gateway" location into this rapidly growing area of Fontana. The proposed Project and Specific Plan Amendment would be consistent with the General Plan's intent for this area as a "Growth Area", by providing for commercial retail development on a site which is currently vacant and underutilized. In addition, the proposed Specific Plan amendment would achieve General Plan and Specific Plan policies and objectives in the following ways: • Create a successful commercial center that is adaptive to current market and fiscal conditions, and that is competitive with other major retail activity centers in surrounding cities; • Meet the rapidly growing residential population needs in this area while capturing revenues that are currently being lost to surrounding communities, and create new sources of sales tax revenue for the City of Fontana; • Contribute to the balance of jobs and housing by stimulating employment opportunities in Fontana and providing for employment-generating commercial retail uses within the Specific Plan area;and • Capitalize on the proximity of the 1-210 and Sierra Avenue by maximizing commercial development within these transportation corridors. .a m 0 CO o CO 1: CU CO 2 in 0 a ai cc ai a fa .E a L ►�" r Stewart Title of California, Inc St. --v wa t c ' 760 West Main Street V� oN,► E Centro,CA 92243 .title of California, Inc. (760)335-3980 Phone PRELIMINARY REPORT Order Number : 429968 Title Unit Number : 7434 Your File Number : 11000031337 In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc. hereby reports that it is prepared to issue,or cause to be issued,as of the date hereof,a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,insuring against loss which may be sustained by reason of any defect,lien or encumbrance not shown or referenced to as an Exception on Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause,all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limits of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read.They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully.The exceptions and exclusions are meant to provide you with notice of matters,which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens,defects,and encumbrances affecting title to the land. This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance a binder or commitment should be requested. Dated as of: April 25,2012 at 7:30 a.m. Update No. 1 Kaz Bernath,Title Officer When replying,please contact: Stephanie Natalino Stewart National Title Services 2 N La Salle St Ste 1400 Chicago,Illinois 60602-4037 (312) 849-4400 File Number: 429968 Page 1 of 9 PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report is: ❑ California Land Title Association Standard Coverage Policy ❑American Land Title Association Owners Policy ❑ American Land Title Association Residential Title Insurance Policy ❑American Land Title Association Loan Policy ❑CLTA/ALTA Homeowners Policy ❑ALTA Short Form Residential Loan Policy(06/16/07) ❑2006 ALTA Loan Policy ©Preliminary Report SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: Fee Title to said estate or interest at the date hereof is vested in: Wal-Mart Stores,Inc.,a Delaware corporation File Number: 429968 Page 2 of 9 LEGAL DESCRIPTION The land referred to herein is situated in the State of California,County of San Bernardino,City of Fontana,and described as follows: PARCEL 1: THE SOUTH HALF OF LOT 26 OF ORANGE HEIGHTS,IN THE CITY OF FONTANA,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 19,PAGE 23 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, EXCEPTING THEREFROM,THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE SOUTH HALF OF THE NORTH HALF OF SAID LOT 26,PER A DEED RECORDED AS INSTRUMENT NO.89-305315,OFFICIAL { RECORDS,SAID POINT BEING ON THE EASTERLY 30.00 FOOT HALF WIDTH SIDELINE OF JUNIPER AVENUE AS SHOWN ON SAID MAP;THENCE ALONG THE SOUTH LINE OF SAID 4 SOUTH HALF OF THE NORTH HALF,NORTH 89°47'33"EAST 1,197.49 FEET TO THE WESTERLY 30.00 FOOT HALF WIDTH SIDELINE OF SIERRA AVENUE AS SHOWN ON SAID MAP;THENCE ALONG SAID SIDELINE,SOUTH 00° 16'44"EAST 144.65 FEET;THENCE SOUTH 90°00'00"WEST 36.00 FEET;THENCE NORTH 00°16'44"WEST 112.14 FEET;THENCE NORTH 45° 13'12"WEST 32.49 FEET;THENCE,PARALLEL TO THE NORTH LINE OF THE SOUTH HALF OF SAID LOT 26, SOUTH 89°50'00"WEST 1,111.49 FEET;THENCE SOUTH 44°46'55"WEST 38.21 FEET TO THE EASTERLY SIDELINE OF SAID JUNIPER AVENUE;THENCE ALONG SAID EASTERLY SIDELINE NORTH 00° 16'33" WEST 35.52 FEET TO THE POINT OF BEGINNING,AS DEEDED TO THE CITY OF FONTANA,IN DEED RECORDED AUGUST 11, 1997 AS INSTRUMENT NO.97-287985,OFFICIAL RECORDS. (APN: 0240-091-04) PARCEL 2: THE EASTERLY 755.472 FEET OF THE NORTH HALF OF THE NORTH HALF OF LOT 27,ORANGE HEIGHTS ACRES,AS PER MAP RECORDED IN BOOK 19,PAGE 23 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY. EXCEPTING THEREFROM,THAT PORTION CONVEYED TO THE CITY OF FONTANA,BY DEED RECORDED FEBRUARY 6,2002 AS INSTRUMENT NO.20020060616,OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THE EASTERLY 36.00 FEET OF THE NORTH HALF OF LOT 27,ORANGE HEIGHTS ACRES,IN THE CITY OF FONTANA,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 19,PAGE 23 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.THE EASTERLY LINE OF SAID LOT 27 BEING A LINE PARALLEL WITH AND 30.00 FEET WESTERLY OF THE CENTERLINE OF SIERRA AVENUE(SHOWN AS MAGNOLIA AVENUE ON SAID MAP OF ORANGE HEIGHTS ACRES). (APN: 0240-091-05) File Number: 429968 Page 3 of 9 PARCEL 3: THE NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF LOT 27,ORANGE HEIGHTS ACRES,AS PER MAP RECORDED IN BOOK 19,PAGE 23 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY. EXCEPTING THEREFROM,THAT PORTION CONVEYED TO THE CITY OF FONTANA,BY DEED RECORDED FEBRUARY 6,2002 AS INSTRUMENT NO.20020060616 OFFICIAL RECORDS, ; DESCRIBED AS FOLLOWS: THE EASTERLY 36.00 FEET OF THE NORTH HALF OF LOT 27,ORANGE HEIGHTS ACRES,IN THE CITY OF FONTANA,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 19,PAGE 23 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE EASTERLY LINE OF SAID LOT 27 BEING A LINE PARALLEL WITH AND 30.00 FEET WESTERLY OF THE CENTERLINE OF SIERRA AVENUE(SHOWN AS MAGNOLIA AVENUE ON SAID MAP OF ORANGE HEIGHTS ACRES). (APN: 0240-091-06) PARCEL 4: THE SOUTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF LOT 27,ORANGE HEIGHTS ACRES,AS PER MAP RECORDED IN BOOK 19,PAGE 23 OF MAPS,IN THE OFFICE OF WE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF FONTANA,BY DEED RECORDED FEBRUARY 6,2002 AS INSTRUMENT NO.20020060616 OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THE EASTERLY 36.00 FEET OF THE NORTH HALF OF LOT 27,ORANGE HEIGHTS ACRES,IN THE CITY OF FONTANA,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 19,PAGE 23 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE EASTERLY LINE OF SAID LOT 27 BEING A LINE PARALLEL WITH AND 30.00 FEET WESTERLY OF THE CENTERLINE OF SIERRA AVENUE(SHOWN AS MAGNOLIA AVENUE ON SAID MAP OF ORANGE HEIGHTS ACRES). (APN:0240-091-07) PARCEL 5: THE NORTH HALF OF THE NORTH HALF OF LOT 27,ORANGE HEIGHTS ACRES,AS PER MAP RECORDED 1N BOOK 19,PAGE 23 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY. EXCEPTING THEREFROM,THE EASTERLY 755.472 FEET THEREOF. (APN:0240-091-23) File Number: 429968 Page 4 of 9 PARCEL 6: THE SOUTH HALF OF LOT 27 OF ORANGE HEIGHTS ACRES,IN THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 19 OF MAPS,PAGE 23,RECORDS OF SAID COUNTY. EXCEPTING THAT PORTION CONVEYED TO THE CITY OF FONTANA,BY DEED RECORDED DECEMBER 20,2001 AS INSTRUMENT NO. 582778,IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. (APN:0240-091-08) (End of Legal Description) • File Number: 429968 Page S of 9 SCHEDULE B At the date hereof,exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows: Taxes: A. Intentionally deleted. B. Intentionally deleted. C. Intentionally deleted. D. Intentionally deleted. E. Intentionally deleted. I I F. Intentionally deleted. G. The lien of supplemental taxes,if any,assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75)of the Revenue and Taxation Code of the State of California. H. Assessments,if any,for Community Facility Districts affecting said land which may exist by virtue of assessment maps or notices filed by said districts. Said assessments are collected with the County Taxes. I. Property taxes,which are a lien not yet due and payable,including any assessments collected with taxes,to be levied for the fiscal year 2012—2013. Exceptions: 1. Water rights,claims or title to water in or under said land,whether or not shown by the public records. 2. The rights of the public in and to that portion of the herein described land lying within Juniper and Sierra Avenues. 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Purpose: pipelines Recorded: April 4, 1893 in Book 332,Page 278 of Deeds 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document: In favor of: H.E.Harris and Priscilla Harris Purpose: pipeline Recorded: July 6, 1908 in Book 419,Page 318 of Deeds 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document: In favor of: Frank C.Platt Investment Company Purpose: pipe line File Number: 429968 Page 6 of 9 Recorded: February 26, 1914 in Book 546,Page 23 of Deeds 6. Matters contained in an instrument entitled"Memorandum Agreement"dated May 31,2000,by and between Hux Kuo Dou,et al. and Cox PCS Assets,LLC upon the terms therein provided recorded July 6,2001,as Instrument No.01-263853 of Official Records. 7. An unrecorded lease with certain terms,covenants and provisions set forth therein Dated May 31,2000 Lessor flux Kuo Dou and Hui Ping Dou Lessee Cox PCS Assets,L.L.C. Disclosed by Memorandum Agreement Recorded July 6,2001 as Instrument No.01-263853,Official Records The matters contained in an instrument Entitled Assignment of Lease dated December 02,2004 By and between Sierra Highland LLC and Wal-Mart Stores,Inc.upon the terms and conditions and covenants therein provided Recorded December 02,2004 as Instrument No 04-889521 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document: In favor of: City of Fontana Purpose: street,highway and public utilities Recorded: February 6,2002 as Instrument No.02-60620,Official Records 9. Matters contained in an instrument entitled"Memorandum of Option Agreement"dated December 2, 2004,by and between Wal-Mart Stores,Inc.and Pacific/Costanzo-Lewis upon the terms therein provided recorded December 2,2004,as Instrument No.04-889520 of Official Records. 10. Intentionally deleted. 11. Intentionally deleted. 12. Rights of tenants in possession as tenants only under unrecorded leases. 13. Intentionally deleted. 14. Rights or claims of parties in possession and easements or claims of easements not shown by the public records,boundary line disputes overlaps,encroachments,and any matters not of record,which would be disclosed by an accurate survey,and inspection of the land. 15. The effect of a memorandum of agreement dated September 3,2011,by and between Global Signal Acquisitions III,LLC and MetroPCS California,LLC,recorded January 17,2012,as Instrument No. 2012-0017736,of Official Records. (Affects Parcel 1) (End of Exceptions) File Number: 429968 Page 7 of 9 NOTES AND REQUIREMENTS • Please be advised that our search did not disclose any open deeds of trust of record.If you should have • knowledge of any outstanding obligation,please contact your title officer immediately for further review. { { 1 1 File Number 429968 Page 8 of 9 CALIFORNIA "GOOD FUNDS" LAW California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds received by Stewart Title of California, Inc. via wire transfer may be disbursed upon receipt. Funds received via cashier's checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit. If funds are received by any other means, recording and/or disbursement may be delayed, and you should contact your title or escrow officer. All escrow and sub-escrow funds received will be deposited with other escrow funds in one or more non- interest bearing escrow accounts in a financial institution selected by Stewart Title of California, Inc.. Stewart Title of California, Inc. may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution,and Stewart Title of California,Inc. shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by Stewart Title of California,Inc.. Such benefits shall be deemed additional compensation to Stewart Title of California, Inc. for its services in connection with the escrow or sub-escrow. If any check submitted is dishonored upon presentation for payment, you are authorized to notify all principals and/or their respective agents of such nonpayment. 1 • File Number: 429968 Page 9 of 9 i i o E •00i-.1 II I�g 41'414 test' it•14t • Zt fi a t•• I i '5. c � v •DY 00'1 11,WI ••nt tl•I 'OY/OY , 4 .... . ? II S► oYI f 1E n t oc1 D G° lz ' 0 ©0 0 .o • 0 zaG °� YI 41 sl 1 u u n L' ` 2 ► 9 L i 9 a'.. iD 8 1 �`Ic 'v I ti ib ' oN ` oa,� 1'N I no 0 x P s�m.4 'mit «IC mx V1-0Q I ^� Quint r 1 a o v I 61 a{ ®• `Srau 1 JD d « 1 imu� I ®1 Mi n r• Wen o- JDdtilee Oil 'I I I I IM w � OY li•i « 1 0 / . N t'}Y Ili; I �� a� I wtr g Dim 31 g,E I z • Y 4 , '8Y ie'i I c X964: f1 I Liz• I I 'N 9}•� '�Y 1l'I 1 ' � 8 ,� 60 cE '; @c. r 9a d•,4i • I t Q I i1e /. I t M I Cn[y ++ .- Z{ I n -- • 'SY YO.1 )A`'. - ± so • 0.0 ChM I `� im S s s 9Z 1a nIq �r4� 1 1: —Hum_—__ __—_------r--o- MI Ea--a1 -•--'. • f 0 .it yt © 1I M WI . N i k C ] - - I t1 'nY WE it — IT �� f ij� —-• �'• d t CO t - r a� w ,• - 0/ DM NO}ISf ITSi ,j ▪ o 11, _ i 1'it It in ST't 1 1 ,J `DEd ,. 41.141 Cl 1 V ua F a M1 o , © •® �o 4 1 9 'we • ^ °'t AMU I "10 e 111, 11' , ° °..SIC 1 MP Cos / — J, a ` ': Di .0.r• i ` 'so .1 u Y Y+ • l. Y , y . ` ex y 1 may„, .._..- — sl -119.4 4 r oa M gs .. t0 e' st E .)',` .4. aw s2 F.o P. Description: San Bernardino/CA Assessor Map 240.9 Page: 1 of 1 • Order_ 429968 Comment: a N C CO CI. 13 v v 7 'a W CC n