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Home My WebLink AboutAppendix A - Notice of Preparation of Draft EIR and Scopoing Meeting City of Fontana Planning Division 8353 Sierra Avenue Fontana, CA 92335 Project Name: Fontana Corporate Center 1 Notice of Preparation of a Draft EIR and Scoping Meeting Date: August 13, 2021 To: Public Agencies and Interested Parties Subject: Notice of Preparation of a Draft Environmental Impact Report and Scoping Meeting Project Title: Fontana Corporate Center The City of Fontana, as lead agency under the California Environmental Quality Act (CEQA), will prepare an Environmental Impact Report (EIR) for the Fontana Corporate Center project (the “Project”). In accordance with Section 15082 of the CEQA Guidelines, the City has issued this Notice of Preparation (NOP) to provide responsible agencies, trustee agencies, and other interested parties with information describing the proposed Project and its potential environmental effects. The purpose of this notice is to: 1) serve as the Notice of Preparation of an Environmental Impact Report for the Office of Planning and Research (OPR), Responsible Agencies, public agencies involved in funding or approving the project, and Trustee Agencies responsible for natural resources affected by the project, pursuant to CEQA Guidelines Section 15082; 2) advise and solicit comments and suggestions regarding the preparation of the EIR, environmental issues to be addressed in the EIR, and any other related issues, from interested parties, including interested or affected members of the public; and 3) advertise a public meeting to solicit comments from public agencies and interested parties regarding the scope of study in the EIR. Project Location The Project Site is located at 13592 Slover Avenue (APNs: 0238-062-36 and -39), which is north of Slover Avenue, east of Commerce Way, and west of Mulberry Avenue, in the City of Fontana, San Bernardino County, California (see Figure 1, Regional Map and Figure 2, Vicinity Map). Under existing conditions, the Project Site is occupied by the Clark Pacific company and is used for the manufacture of construction materials. Project Description The Project provides for the development of the approximately 18.5-acre Project Site with a two-building industrial complex containing a total of approximately 355,000 square feet of building floor area and associated facilities, including but not limited to a loading/unloading area with loading dock doors and trailer parking spaces, passenger vehicle parking, landscaping, and connections to existing utility infrastructure (see Figure 3, Conceptual Site Plan). The proposed buildings each would be approximately 49 feet tall and would T FONTANA CALIFORNIA City of Fontana NOTICE OF PREPARATION Project Name: Fontana Corporate Center 2 be constructed of concrete tilt-up panels, with decorative building elements provided at office areas (e.g., colored glass, metal canopies, wood siding). The Project is being developed on a speculative basis and is expected to operate 24 hours per day, 7 days per week. The proposed Project is consistent with the Fontana General Plan Land Use Map and the Fontana Gateway Specific Plan. The Project requires City of Fontana approval of the following entitlements: Design Review. EIR Scope CEQA Guidelines Section 15063 grants Lead Agencies the ability to bypass preparation of an Initial Study and proceed with preparation of an EIR in instances where an EIR is clearly required for a project. In this instance, the City of Fontana in its capacity as Lead Agency for the proposed Project has determined that the Project clearly has the potential to result in significant environmental effects and that an EIR shall be prepared that addresses the following environmental considerations: •Aesthetics •Agriculture and Forestry Resources •Air Quality •Biological Resources •Cultural Resources •Energy •Geology and Soils •Greenhouse Gas Emissions •Hazards and Hazardous Materials •Hydrology and Water Quality •Land Use and Planning •Mineral Resources •Noise •Population and Housing •Public Services •Transportation •Tribal Cultural Resources •Utilities and Service Systems •Wildfire The EIR will assess the effects of the Project on the environment, identify potentially significant impacts, identify feasible mitigation measures to reduce or eliminate potentially significant environmental impacts, and discuss potentially feasible alternatives to the Project that may accomplish basic objectives while lessening or eliminating any potentially significant Project-related impacts. Opportunity for Public Review and Comment This Notice is available for review on the City’s website at: https://www.fontana.org/2137/Environmental- Documents. The City of Fontana would like to receive your input on the scope of the information and analysis to be included in the EIR. Due to time limits, as established by CEQA, your response should be sent at the earliest possible date, but no later than thirty (30) days after publication of this notice. Please submit your comments by 5:00 p.m. on September 13, 2021 by mail or e-mail to: Cecily Session-Goins Phone: (909) 350-6723 City of Fontana Fax: (909) 350-7676 8353 Sierra Avenue Email: csgoins@fontana.org Fontana, CA 92335 City of Fontana Fontana Corporate Center Notice of Preparation August 13, 2021 3 Please include the name, phone number, and address of a contact person in your response. Scoping Meeting The City of Fontana will hold a public scoping meeting, where agencies, organizations, and members of the public will receive a brief presentation on the Project and will have the opportunity to provide comments on the scope of the information and analysis to be included in the EIR. The meeting will be held on: Date and Time: September 1, 2021 at 5:30 p.m. Place: Microsoft Teams Virtual Meeting Link to join on a computer or mobile app: https://bit.ly/2TRLHDA Or Dial-In Number: (805) 456-4438 Phone Conference ID: 837 190 850# Attachments: Figure 1 – Regional Map Figure 2 – Vicinity Map Figure 3 – Conceptual Site Plan -, 1------- : : I I L..!. - L--' -:-..---\~\, ~----L_:_•..,~:-_. ____ ...,... __ _,....,._......_liiiiiillillll . \ ~N(mID ~l!Jij~MIDNfi~ FONTANA ·----, ' I ,---.r-_,,_ __ _;---i' ' ,-_,J lJlE§J}lj;u&ru, I r m -----1 ,-r, /, ,,,.,..._--~-----"""=~-·---· --~.,._..-..,...~~ - IDNiF~IMID (1 __ J____ -- )··- RIVERSIDE ...... (•'j •. t"\ : • i. /i.1li:X!lil ' .,.. . '...-,, CORON\'.'\ .~ .---------: ,4 _ _,. Source(s): ESRI, RCTLMA (2021), SB County (2020) Figure 1 Regional Map Source(s): ESRI, Nearmap Imagery , (2021) RCTLMA (2021), SB County (2019) • i -0----500 1,000 2,000 ~~ L; L Feet l, .. H..oll Vicinity Map I 11 -. I Source(s): HPA (06-07-2021) --•---T -~ § BUILDING 2 I "' 143,063 SF 8 0 I • -•-+-- PROJECT INFORMATION Owner / Appllcant CP roNTANA LLC 100 BAYVIEW ORU.E, SUITE J\0 NE....,,,ORT BEACH. CA 92660 TEL: (9-49) 509-5000 fAX: (949) 509-5001 CQNT,t,,CT: ct.ARK NEUHOFT AddrHa of th• propertr NW CORNER OF SLOVER ANO ~UL8ERRY FONTANA, CA AHeHor'I-Parcel NumlMr 02J8-062-J6-0-000 02J8-062-J9-0-000 Zoning FONTANA GATEWAY (SP) GENERAL INDUSlRIAL (~-2)-G T _SQ__:_:_ Applc■nt•• R-str••■nt■tlw• HPA INC. 18831 BARDEEN AVENUE SUIT£ 100 IR.,.,NE.CA92612 TEL: {949)862-2173 CONTACT; NANCY PARK Code Analy•I■ CONSTRUCTION TYPE , Ul-8 OCCUPANT TYPE S-1 AND B BUILDING EO'JIPPED 'MTH FIRE SPRINKLER. "" IJ1J ~ fit I ---+--• I I 7- I -----+-· I + . r U) -'a· l5 BUILDING 1 8 299,390 S.F. § ·t !i! + l + --:-r- --i--~I- I _J I I -----+-· I S-L -0-V-E-R ---A-V-E N-U-E--+---- LEGAL DESCRIPTION THAT, ACCORDING TO THOSE PUBUC RECORDS \'MICH, UNDER THE RECORDING LAWS. IMPART CONSTRUCTIVE NOTICE or MATTERS RUATING TO THE INTEREST, IF ANY, ~ICH WAS (ACOUIREO) (RESERVED) 8Y CP FONTANA, LLC, A CALIFORNIA LIMllEO LIABILITY COMPANY PURSIJANT TO A GfWH DEED IN ANO TO TI-!E LAND DESCRIBED AS FOLLOWS: REAL PROPERTY IN THE CITY Of FONTANA, COUNT'!' Of SAN BERNARDINO, STATE: Of CALIFORNIA, DESCRIBED AS FOLLOWS· PARCTL A: (APN: 0238-062-36-0-000) ALL THAT PORTION Of THE SOUTI-1EAST 1/4 ~ S£CTION 21. TQv.t,,1SHIP 1 SOUTH, RANGE 6 'M::ST. SAN BERNARDINO BASE AND MERIDIAN, IN T1'1E COUNTY Of SAN BERNARDINO, STATE OF CALIFORNIA. ACCORDING TO UNIT[D STATES GO\£RNMENT PLAT THEREOF, DESCRIBED AS FOLLOWS BEGINNING Ar A POINT IN TI-IE SOUTHERLY UNE Of THE LAND OF THE SOUll-lERN PACIFlC RAILROAD COMPANY, 100 FEET 'MOE, AS SHOWN ON SAID MA?, ~STANT SOUTH 68' 22' 00" \litST, ~EASURED ALONG SAID SOUTHERLY LINE 695.31 FEET FROl,,I ITS INTERSECTION \'olTH THE E,._ST LINE Of SAID SECTION 21; THENCE CONTINUING ALONG SAID SOUTl,ERL Y LINE SOUTll 88" 22" 00" WEST, 957.54 FEET: rnENCE 50Ulr,EAST£RLY AND SOUTHERLY ALONG Tr,£ ARC Of A CURVE, CONCAVE SOUTH'M:STERLY, HA\IING A RADIUS Of 487.68 ffET (A RADIAL LINE TO SAID CURii!: AT SAJD POINT BEARS SOUTH 17" 54' 5'4-" WEST) THROUGH A CENlRAL ANGLE Of 72· 41' 16", AN ARC DISTANCE Of 61!1.69 FEET; Tl-lENCE SOUTI-1 O" 36' 10• l'o!:ST ALONG A LINE PARALLEL 'MTH, AND DISTANT 'M::STERL Y 1.309.29 f£ET, MEASURED AT RIGHT ANGLES FROM Tl-IE EAST LINE OF SECTION 28, 10WNSHIP 1 SOUTH, RANCE 6 'M:ST. AS SHOWN ON SAID l.4AP, ANO ITS NORT!-,ERLY PRCX.ONGAnON TANGENT TO SAID CURVE A DISTANCE Of' 22J.24 f'EET 'TO A POINT IN THE NQRT!-, LINE OF SLOVER AVENUE, 80 FEET WIDE, AS SHOWN ON SAID MAP; THENCE NORTll 89" 18' ~5· EAST ALONG SAID NORTH LINE, 614.42 FEET TO A POINT THAT IS SOUTH 89° 18' 55" WEST 695.20 FEET DISTANT ALONG SAID NOATI-1 LINE FROM THE EAST UN£ Of SAID SECTION 21: rnENCE NORTH O" 36' 10" EAST. 712.38 FEET TO TllE POINT Of BEGINNING PARCEL 8: (APN: D238-062-39-0-000) PARCEL NO. 2 OF" PARCEL MAP NO. 8616, IN THE COUNTY OF SAN BERNAROINO. STATE Of CALIFORNIA, AS PER PLAT RECOflDED IN BOOK 90 or MAPS. PAGES 57 AND 58 Of PARCEL MAPS, RECORDS Of SAID COUNTY. TABULATION -:.:.-:7!~ -··«•-(f"•1f") v ... ..,.. .... !l?•ttl v.,•-f!fl•7••) -· .. ,-e,if,11') -.,r,1e-, .. , ,;~~·~.,~· .... ~--~iic-----a:,.~.a:-"'· T!WlBl,AIIQIG!'IDo'IIEI .,._(10-•"'l ...,_.l'I.Wll_,.llO ZctlllCCRDliANCIRJlroJ ~~-----•·°'"""'-"•ll>Zl<I ...,..,••nns•ea•1,,,,.., ~-------~--•·1-~ni-.1 __ ., -~ -~-•-Jl','•--•-. .,,-r.-.,._ .. ,_ ... ~_ .. ,..., .. ,.,,_ ·~- AERIAL MAP l _j j-,~ !: ,. ii Figure 3 Conceptual Site Plan STATE OF CALIFORNIA Gavin Newsom, Governor NATIVE AMERICAN HERITAGE COMMI SSION Page 1 of 5 August 16, 2021 Cecily Session-Goins City of Fontana 8353 Sierra Ave Fontana, CA 92335 Re: 2021080279, Fontana Corporate Center Project, San Bernardino County Dear Ms. Session-Goins: The Native American Heritage Commission (NAHC) has received the Notice of Preparation (NOP), Draft Environmental Impact Report (DEIR) or Early Consultation for the project referenced above. The California Environmental Quality Act (CEQA) (Pub. Resources Code §21000 et seq.), specifically Public Resources Code §21084.1, states that a project that may cause a substantial adverse change in the significance of a historical resource, is a project that may have a significant effect on the environment. (Pub. Resources Code § 21084.1; Cal. Code Regs., tit.14, §15064.5 (b) (CEQA Guidelines §15064.5 (b)). If there is substantial evidence, in light of the whole record before a lead agency, that a project may have a significant effect on the environment, an Environmental Impact Report (EIR) shall be prepared. (Pub. Resources Code §21080 (d); Cal. Code Regs., tit. 14, § 5064 subd.(a)(1) (CEQA Guidelines §15064 (a)(1)). In order to determine whether a project will cause a substantial adverse change in the significance of a historical resource, a lead agency will need to determine whether there are historical resources within the area of potential effect (APE). CEQA was amended significantly in 2014. Assembly Bill 52 (Gatto, Chapter 532, Statutes of 2014) (AB 52) amended CEQA to create a separate category of cultural resources, “tribal cultural resources” (Pub. Resources Code §21074) and provides that a project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment. (Pub. Resources Code §21084.2). Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource. (Pub. Resources Code §21084.3 (a)). AB 52 applies to any project for which a notice of preparation, a notice of negative declaration, or a mitigated negative declaration is filed on or after July 1, 2015. If your project involves the adoption of or amendment to a general plan or a specific plan, or the designation or proposed designation of open space, on or after March 1, 2005, it may also be subject to Senate Bill 18 (Burton, Chapter 905, Statutes of 2004) (SB 18). Both SB 18 and AB 52 have tribal consultation requirements. If your project is also subject to the federal National Environmental Policy Act (42 U.S.C. § 4321 et seq.) (NEPA), the tribal consultation requirements of Section 106 of the National Historic Preservation Act of 1966 (154 U.S.C. 300101, 36 C.F.R. §800 et seq.) may also apply. The NAHC recommends consultation with California Native American tribes that are traditionally and culturally affiliated with the geographic area of your proposed project as early as possible in order to avoid inadvertent discoveries of Native American human remains and best protect tribal cultural resources. Below is a brief summary of portions of AB 52 and SB 18 as well as the NAHC’s recommendations for conducting cultural resources assessments. Consult your legal counsel about compliance with AB 52 and SB 18 as well as compliance with any other applicable laws. CHAIRPERSON Laura Miranda Luiseño VICE CHAIRPERSON Reginald Pagaling Chumash SECRETARY Merri Lopez-Keifer Luiseño PARLIAMENTARIAN Russell Attebery Karuk COMMISSIONER William Mungary Paiute/White Mountain Apache COMMISSIONER Julie Tumamait-Stenslie Chumash COMMISSIONER [Vacant] COMMISSIONER [Vacant] COMMISSIONER [Vacant] EXECUTIVE SECRETARY Christina Snider Pomo NAHC HEADQUARTERS 1550 Harbor Boulevard Suite 100 West Sacramento, California 95691 (916) 373-3710 nahc@nahc.ca.gov NAHC.ca.gov Page 2 of 5 AB 52 AB 52 has added to CEQA the additional requirements listed below, along with many other requirements: 1. Fourteen Day Period to Provide Notice of Completion of an Application/Decision to Undertake a Project: Within fourteen (14) days of determining that an application for a project is complete or of a decision by a public agency to undertake a project, a lead agency shall provide formal notification to a designated contact of, or tribal representative of, traditionally and culturally affiliated California Native American tribes that have requested notice, to be accomplished by at least one written notice that includes: a. A brief description of the project. b. The lead agency contact information. c. Notification that the California Native American tribe has 30 days to request consultation. (Pub. Resources Code §21080.3.1 (d)). d. A “California Native American tribe” is defined as a Native American tribe located in California that is on the contact list maintained by the NAHC for the purposes of Chapter 905 of Statutes of 2004 (SB 18). (Pub. Resources Code §21073). 2. Begin Consultation Within 30 Days of Receiving a Tribe’s Request for Consultation and Before Releasing a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report: A lead agency shall begin the consultation process within 30 days of receiving a request for consultation from a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project. (Pub. Resources Code §21080.3.1, subds. (d) and (e)) and prior to the release of a negative declaration, mitigated negative declaration or Environmental Impact Report. (Pub. Resources Code §21080.3.1(b)). a. For purposes of AB 52, “consultation shall have the same meaning as provided in Gov. Code §65352.4 (SB 18). (Pub. Resources Code §21080.3.1 (b)). 3. Mandatory Topics of Consultation If Requested by a Tribe: The following topics of consultation, if a tribe requests to discuss them, are mandatory topics of consultation: a. Alternatives to the project. b. Recommended mitigation measures. c. Significant effects. (Pub. Resources Code §21080.3.2 (a)). 4. Discretionary Topics of Consultation: The following topics are discretionary topics of consultation: a. Type of environmental review necessary. b. Significance of the tribal cultural resources. c. Significance of the project’s impacts on tribal cultural resources. d. If necessary, project alternatives or appropriate measures for preservation or mitigation that the tribe may recommend to the lead agency. (Pub. Resources Code §21080.3.2 (a)). 5. Confidentiality of Information Submitted by a Tribe During the Environmental Review Process: With some exceptions, any information, including but not limited to, the location, description, and use of tribal cultural resources submitted by a California Native American tribe during the environmental review process shall not be included in the environmental document or otherwise disclosed by the lead agency or any other public agency to the public, consistent with Government Code §6254 (r) and §6254.10. Any information submitted by a California Native American tribe during the consultation or environmental review process shall be published in a confidential appendix to the environmental document unless the tribe that provided the information consents, in writing, to the disclosure of some or all of the information to the public. (Pub. Resources Code §21082.3 (c)(1)). 6. Discussion of Impacts to Tribal Cultural Resources in the Environmental Document: If a project may have a significant impact on a tribal cultural resource, the lead agency’s environmental document shall discuss both of the following: a. Whether the proposed project has a significant impact on an identified tribal cultural resource. b. Whether feasible alternatives or mitigation measures, including those measures that may be agreed to pursuant to Public Resources Code §21082.3, subdivision (a), avoid or substantially lessen the impact on the identified tribal cultural resource. (Pub. Resources Code §21082.3 (b)). Page 3 of 5 7. Conclusion of Consultation: Consultation with a tribe shall be considered concluded when either of the following occurs: a. The parties agree to measures to mitigate or avoid a significant effect, if a significant effect exists, on a tribal cultural resource; or b. A party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached. (Pub. Resources Code §21080.3.2 (b)). 8. Recommending Mitigation Measures Agreed Upon in Consultation in the Environmental Document: Any mitigation measures agreed upon in the consultation conducted pursuant to Public Resources Code §21080.3.2 shall be recommended for inclusion in the environmental document and in an adopted mitigation monitoring and reporting program, if determined to avoid or lessen the impact pursuant to Public Resources Code §21082.3, subdivision (b), paragraph 2, and shall be fully enforceable. (Pub. Resources Code §21082.3 (a)). 9. Required Consideration of Feasible Mitigation: If mitigation measures recommended by the staff of the lead agency as a result of the consultation process are not included in the environmental document or if there are no agreed upon mitigation measures at the conclusion of consultation, or if consultation does not occur, and if substantial evidence demonstrates that a project will cause a significant effect to a tribal cultural resource, the lead agency shall consider feasible mitigation pursuant to Public Resources Code §21084.3 (b). (Pub. Resources Code §21082.3 (e)). 10. Examples of Mitigation Measures That, If Feasible, May Be Considered to Avoid or Minimize Significant Adverse Impacts to Tribal Cultural Resources: a. Avoidance and preservation of the resources in place, including, but not limited to: i. Planning and construction to avoid the resources and protect the cultural and natural context. ii. Planning greenspace, parks, or other open space, to incorporate the resources with culturally appropriate protection and management criteria. b. Treating the resource with culturally appropriate dignity, taking into account the tribal cultural values and meaning of the resource, including, but not limited to, the following: i. Protecting the cultural character and integrity of the resource. ii. Protecting the traditional use of the resource. iii. Protecting the confidentiality of the resource. c. Permanent conservation easements or other interests in real property, with culturally appropriate management criteria for the purposes of preserving or utilizing the resources or places. d. Protecting the resource. (Pub. Resource Code §21084.3 (b)). e. Please note that a federally recognized California Native American tribe or a non-federally recognized California Native American tribe that is on the contact list maintained by the NAHC to protect a California prehistoric, archaeological, cultural, spiritual, or ceremonial place may acquire and hold conservation easements if the conservation easement is voluntarily conveyed. (Civ. Code §815.3 (c)). f. Please note that it is the policy of the state that Native American remains and associated grave artifacts shall be repatriated. (Pub. Resources Code §5097.991). 11. Prerequisites for Certifying an Environmental Impact Report or Adopting a Mitigated Negative Declaration or Negative Declaration with a Significant Impact on an Identified Tribal Cultural Resource: An Environmental Impact Report may not be certified, nor may a mitigated negative declaration or a negative declaration be adopted unless one of the following occurs: a. The consultation process between the tribes and the lead agency has occurred as provided in Public Resources Code §21080.3.1 and §21080.3.2 and concluded pursuant to Public Resources Code §21080.3.2. b. The tribe that requested consultation failed to provide comments to the lead agency or otherwise failed to engage in the consultation process. c. The lead agency provided notice of the project to the tribe in compliance with Public Resources Code §21080.3.1 (d) and the tribe failed to request consultation within 30 days. (Pub. Resources Code §21082.3 (d)). The NAHC’s PowerPoint presentation titled, “Tribal Consultation Under AB 52: Requirements and Best Practices” may be found online at: http://nahc.ca.gov/wp-content/uploads/2015/10/AB52TribalConsultation_CalEPAPDF.pdf Page 4 of 5 SB 18 SB 18 applies to local governments and requires local governments to contact, provide notice to, refer plans to, and consult with tribes prior to the adoption or amendment of a general plan or a specific plan, or the designation of open space. (Gov. Code §65352.3). Local governments should consult the Governor’s Office of Planning and Research’s “Tribal Consultation Guidelines,” which can be found online at: https://www.opr.ca.gov/docs/09_14_05_Updated_Guidelines_922.pdf. Some of SB 18’s provisions include: 1. Tribal Consultation: If a local government considers a proposal to adopt or amend a general plan or a specific plan, or to designate open space it is required to contact the appropriate tribes identified by the NAHC by requesting a “Tribal Consultation List.” If a tribe, once contacted, requests consultation the local government must consult with the tribe on the plan proposal. A tribe has 90 days from the date of receipt of notification to request consultation unless a shorter timeframe has been agreed to by the tribe. (Gov. Code §65352.3 (a)(2)). 2. No Statutory Time Limit on SB 18 Tribal Consultation. There is no statutory time limit on SB 18 tribal consultation. 3. Confidentiality: Consistent with the guidelines developed and adopted by the Office of Planning and Research pursuant to Gov. Code §65040.2, the city or county shall protect the confidentiality of the information concerning the specific identity, location, character, and use of places, features and objects described in Public Resources Code §5097.9 and §5097.993 that are within the city’s or county’s jurisdiction. (Gov. Code §65352.3 (b)). 4. Conclusion of SB 18 Tribal Consultation: Consultation should be concluded at the point in which: a. The parties to the consultation come to a mutual agreement concerning the appropriate measures for preservation or mitigation; or b. Either the local government or the tribe, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached concerning the appropriate measures of preservation or mitigation. (Tribal Consultation Guidelines, Governor’s Office of Planning and Research (2005) at p. 18). Agencies should be aware that neither AB 52 nor SB 18 precludes agencies from initiating tribal consultation with tribes that are traditionally and culturally affiliated with their jurisdictions before the timeframes provided in AB 52 and SB 18. For that reason, we urge you to continue to request Native American Tribal Contact Lists and “Sacred Lands File” searches from the NAHC. The request forms can be found online at: http://nahc.ca.gov/resources/forms/. NAHC Recommendations for Cultural Resources Assessments To adequately assess the existence and significance of tribal cultural resources and plan for avoidance, preservation in place, or barring both, mitigation of project-related impacts to tribal cultural resources, the NAHC recommends the following actions: 1. Contact the appropriate regional California Historical Research Information System (CHRIS) Center (http://ohp.parks.ca.gov/?page_id=1068) for an archaeological records search. The records search will determine: a. If part or all of the APE has been previously surveyed for cultural resources. b. If any known cultural resources have already been recorded on or adjacent to the APE. c. If the probability is low, moderate, or high that cultural resources are located in the APE. d. If a survey is required to determine whether previously unrecorded cultural resources are present. 2. If an archaeological inventory survey is required, the final stage is the preparation of a professional report detailing the findings and recommendations of the records search and field survey. a. The final report containing site forms, site significance, and mitigation measures should be submitted immediately to the planning department. All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum and not be made available for public disclosure. b. The final written report should be submitted within 3 months after work has been completed to the appropriate regional CHRIS center. Page 5 of 5 3. Contact the NAHC for: a. A Sacred Lands File search. Remember that tribes do not always record their sacred sites in the Sacred Lands File, nor are they required to do so. A Sacred Lands File search is not a substitute for consultation with tribes that are traditionally and culturally affiliated with the geographic area of the project’s APE. b. A Native American Tribal Consultation List of appropriate tribes for consultation concerning the project site and to assist in planning for avoidance, preservation in place, or, failing both, mitigation measures. 4. Remember that the lack of surface evidence of archaeological resources (including tribal cultural resources) does not preclude their subsurface existence. a. Lead agencies should include in their mitigation and monitoring reporting program plan provisions for the identification and evaluation of inadvertently discovered archaeological resources per Cal. Code Regs., tit. 14, §15064.5(f) (CEQA Guidelines §15064.5(f)). In areas of identified archaeological sensitivity, a certified archaeologist and a culturally affiliated Native American with knowledge of cultural resources should monitor all ground-disturbing activities. b. Lead agencies should include in their mitigation and monitoring reporting program plans provisions for the disposition of recovered cultural items that are not burial associated in consultation with culturally affiliated Native Americans. c. Lead agencies should include in their mitigation and monitoring reporting program plans provisions for the treatment and disposition of inadvertently discovered Native American human remains. Health and Safety Code §7050.5, Public Resources Code §5097.98, and Cal. Code Regs., tit. 14, §15064.5, subdivisions (d) and (e) (CEQA Guidelines §15064.5, subds. (d) and (e)) address the processes to be followed in the event of an inadvertent discovery of any Native American human remains and associated grave goods in a location other than a dedicated cemetery. If you have any questions or need additional information, please contact me at my email address: Andrew.Green@nahc.ca.gov. Sincerely, Andrew Green Cultural Resources Analyst cc: State Clearinghouse r arb.ca.gov 1001 I Street • P.O. Box 2815 • Sacramento, California 95812 (800) 242-4450 September 16, 2021 Cecily Session-Goins Assistant Planner City of Fontana 8353 Sierra Avenue Fontana, California 92335 csgoins@fontana.org Dear Cecily Session-Goins: Thank you for providing the California Air Resources Board (CARB) with the opportunity to comment on the Notice of Preparation (NOP) for the Fontana Corporation Center (Project) Draft Environmental Impact Report (DEIR), State Clearinghouse No. 2021080279. The Project proposes the construction and operation of two industrial buildings totaling approximately 355,000 square feet on an 18.5 acre site. The Project-site is located within the City of Fontana (City), California, which is the lead agency for California Environmental Quality Act (CEQA) purposes. Industrial development, such as the proposed Project, can result in high daily volumes of heavy-duty diesel truck traffic and operation of on-site equipment (e.g., forklifts and yard tractors) that emit toxic diesel emissions, and contribute to regional air pollution and global climate change.1 The Project will expose nearby communities to elevated levels of air pollution. Residences are located south east of the Project with the closest residences located approximately 2,550 feet from the Project’s south eastern boundary. In addition to residences, Henry J. Kaiser High School, Chaparral Elementary School, Shadow Hills Elementary School, Southridge Middle School and Live Oak Elementary School are located within 2 miles of the Project. These communities are surrounded by existing toxic diesel PM emission sources, which include existing industrial sources, the Ontario International Airport, Chino Airport, and vehicular traffic along Interstate 10 (I-10), Interstate 15 (I-15), and State Route 60 (SR-60). Due to the Project’s proximity to residences and schools already burdened by multiple sources of air pollution, CARB is concerned with the potential cumulative health impacts associated with the construction and operation of the Project. CARB has reviewed the NOP and is concerned about the air pollution and health risk impacts that would result from the proposed Project. 1.With regard to greenhouse gas emissions from this project, CARB has been clear that local governments and project proponents have a responsibility to properly mitigate these impacts. CARB’s guidance, set out in detail in the Scoping Plan issued in 2017, makes clear that in CARB’s expert view, local mitigation is critical to achieving climate goals and reducing greenhouse gases below levels of significance. CALIFORNIA AIR RESOURCES BOARD Gavin Newsom, Governor Jared Blumenfeld, Cal EPA Secretary Liane M. Randolph, Chair Cecily Session-Goins September 16, 2021 Page 2 2 The DEIR Should Quantify and Discuss the Potential Cancer Risks from Project Operation Since the Project is near residences and schools that are already burdened by multiple air pollution sources, CARB urges the City and applicant to prepare a health risk assessment (HRA) for the Project. The HRA should account for all potential operational health risks from Project-related diesel PM emission sources, including, but not limited to, back-up generators, on-site diesel-powered equipment, and heavy‑duty trucks. The HRA should also determine if the operation of the Project in conjunction with past, present, and reasonably foreseeable future projects or activities would result in a cumulative cancer risk impact on nearby residences. To reduce diesel PM exposure and associated cancer risks, CARB urges the City and applicant to include all applicable air pollution reduction measures listed in Attachment A of this letter. Since the Project description provided in the NOP does not explicitly state that the proposed industrial land uses would not be used for cold storage, there is a possibility that trucks and trailers visiting the Project-site would be equipped with TRUs.2 TRUs on trucks and trailers can emit large quantities of diesel exhaust while operating within the Project-site. Residences and other sensitive receptors (e.g., daycare facilities, senior care facilities, and schools) located near where these TRUs could be operating, would be exposed to diesel exhaust emissions that would result in a significant cancer risk impact to the nearby community. If the Project would be used for cold storage, CARB urges the City to model air pollutant emissions from on-site TRUs in the DEIR, as well as include potential cancer risks from on-site TRUs in the Project’s HRA. If the Project will not be used for cold storage, CARB urges the City to include one of the following design measures in the DEIR: •A Project design measure requiring contractual language in tenant lease agreements that prohibits tenants from operating TRUs within the Project-site; or •A condition requiring a restrictive covenant over the parcel that prohibits the applicant’s use of TRUs on the property unless the applicant seeks and receives an amendment to its conditional use permit allowing such use. The HRA prepared in support of the Project should be based on the latest Office of Environmental Health Hazard Assessment’s (OEHHA) guidance (2015 Air Toxics Hot Spots Program Guidance Manual for Preparation of Health Risk Assessments),3 CARB’s Hot Spots Analysis and Reporting Program (HARP2 model), and the South Coast Air Quality Management District’s (SCAQMD) CEQA Air Quality Handbook.4 The Project’s mobile 2.TRUs are refrigeration systems powered by integral diesel engines that protect perishable goods during transport in an insulated truck and trailer vans, rail cars, and domestic shipping containers. 3.Office of Environmental Health Hazard Assessment (OEHHA). Air Toxics Hot Spots Program Guidance Manual for Preparation of Health Risk Assessments. February 2015. Accessed at: https://oehha.ca.gov/media/downloads/crnr/2015guidancemanual.pdf. 4.SCAQMD’s 1993 Handbook can be found at: http://www.aqmd.gov/home/rules-compliance/ceqa/air-quality- analysis-handbook. Cecily Session-Goins September 16, 2021 Page 3 3 diesel PM emissions used to estimate the Project’s cancer risk impacts should be based on CARB’s latest 2021 Emission Factors model (EMFAC2021). Mobile emission factors can be easily obtained by running the EMFAC2021 Web Database: https://arb.ca.gov/emfac/. The HRA should evaluate and present the existing baseline (current conditions), future baseline (full build-out year, without the Project), and future year with the Project. The health risks modeled under both the existing and the future baselines should reflect all applicable federal, state, and local rules and regulations. By evaluating health risks using both baselines, the public and planners will have a complete understanding of the potential health impacts that would result from the Project. The DEIR Should Quantify and Discuss the Potential Cancer Risks from Project Construction In addition to the health risks associated with operational diesel PM emissions, health risks associated with construction diesel PM emissions should also be included in the air quality section of the DEIR and the Project’s HRA. Construction of the Project would result in short- term diesel PM emissions from the use of both on-road and off-road diesel equipment. The OEHHA guidance recommends assessing cancer risks for construction projects lasting longer than two months. Since construction would very likely occur over a period lasting longer than two months, the HRA prepared for the Project should include health risks for existing residences near the Project-site during construction. The HRA should account for all diesel PM emission sources related to Project construction, including, but not limited to, off-road mobile equipment, diesel generators, and on-road heavy-duty trucks. As previously stated in Section I of this letter, the cancer risks evaluated in the construction HRA should be based on the latest OEHHA guidance, CARB’s HARP2 model, and SCAQMD’s CEQA guidance. The cancer risks reported in the HRA should be calculated using the latest emission factors obtained from CARB’s latest EMFAC (currently EMFAC 2021) and off-road models. Conclusion To reduce the exposure of toxic diesel PM emissions in disadvantaged communities already impacted by air pollution, the final design of the Project should include all existing and emerging zero-emission technologies to minimize diesel PM and NOx emissions, as well as the greenhouse gases that contribute to climate change. CARB encourages the City and applicant to implement the applicable measures listed Attachment A of this letter. Given the breadth and scope of projects subject to CEQA review throughout California that have air quality and greenhouse gas impacts, coupled with CARB’s limited staff resources to substantively respond to all issues associated with a project, CARB must prioritize its substantive comments here based on staff time, resources, and its assessment of impacts. CARB’s deliberate decision to substantively comment on some issues does not constitute an Cecily Session-Goins September 16, 2021 Page 4 4 admission or concession that it substantively agrees with the lead agency’s findings and conclusions on any issues on which CARB does not substantively submit comments. CARB appreciates the opportunity to comment on the NOP for the Project and can provide assistance on zero-emission technologies and emission reduction strategies, as needed. Please include CARB on your State Clearinghouse list of selected State agencies that will receive the DEIR as part of the comment period. If you have questions, please contact Stanley Armstrong, Air Pollution Specialist via email at stanley.armstrong@arb.ca.gov. Sincerely, Robert Krieger, Branch Chief, Risk Reduction Branch Attachment cc: State Clearinghouse state.clearinghouse@opr.ca.gov Carlo De La Cruz, Senior Campaign Representative, Sierra Club carlo.delacruz@sierraclub.org Lijin Sun, Program Supervisor, CEQA Intergovernmental Review, South Coast Air Quality Management District lsun@aqmd.gov Morgan Capilla, NEPA Reviewer, U.S. Environmental Protection Agency, Air Division, Region 9 capilla.morgan@epa.gov Taylor Thomas, Research and Policy Analyst, East Yard Communities for Environmental Justice tbthomas@eycej.org Stanley Armstrong, Air Pollution Specialist, Risk Reduction Branch Cecily Session-Goins September 16, 2021 Page 6 6 Attachment A 1 Attachment A Recommended Air Pollution Emission Reduction Measures for Warehouses and Distribution Centers The California Air Resources Board (CARB) recommends developers and government planners use all existing and emerging zero to near-zero emission technologies during project construction and operation to minimize public exposure to air pollution. Below are some measures, currently recommended by CARB, specific to warehouse and distribution center projects. These recommendations are subject to change as new zero-emission technologies become available. Recommended Construction Measures 1. Ensure the cleanest possible construction practices and equipment are used. This includes eliminating the idling of diesel-powered equipment and providing the necessary infrastructure (e.g., electrical hookups) to support zero and near-zero equipment and tools. 2. Implement, and plan accordingly for, the necessary infrastructure to support the zero and near-zero emission technology vehicles and equipment that will be operating on site. Necessary infrastructure may include the physical (e.g., needed footprint), energy, and fueling infrastructure for construction equipment, on-site vehicles and equipment, and medium-heavy and heavy-heavy duty trucks. 3.In construction contracts, include language that requires all off-road diesel-powered equipment used during construction to be equipped with Tier 4 or cleaner engines, except for specialized construction equipment in which Tier 4 engines are not available. In place of Tier 4 engines, off-road equipment can incorporate retrofits, such that, emission reductions achieved are equal to or exceed that of a Tier 4 engine. 4.In construction contracts, include language that requires all off-road equipment with a power rating below 19 kilowatts (e.g., plate compactors, pressure washers) used during project construction be battery powered. 5.In construction contracts, include language that requires all heavy-duty trucks entering the construction site, during the grading and building construction phases be model year 2014 or later. All heavy-duty haul trucks should also meet CARB’s lowest optional low-oxides of nitrogen (NOx) standard starting in the year 2022.1 1.In 2013, CARB adopted optional low-NOx emission standards for on-road heavy-duty engines. CARB encourages engine manufacturers to introduce new technologies to reduce NOx emissions below the current mandatory on-road heavy-duty diesel engine emission standards for model-year 2010 and later. CARB’s 2 6. In construction contracts, include language that requires all construction equipment and fleets to be in compliance with all current air quality regulations. CARB is available to assist in implementing this recommendation. Recommended Operation Measures 1. Include contractual language in tenant lease agreements that requires tenants to use the cleanest technologies available, and to provide the necessary infrastructure to support zero-emission vehicles and equipment that will be operating on site. 2. Include contractual language in tenant lease agreements that requires all loading/unloading docks and trailer spaces be equipped with electrical hookups for trucks with transport refrigeration units (TRU) or auxiliary power units. This requirement will substantially decrease the amount of time that a TRU powered by a fossil-fueled internal combustion engine can operate at the project site. Use of zero-emission all-electric plug-in TRUs, hydrogen fuel cell transport refrigeration, and cryogenic transport refrigeration are encouraged and can also be included in lease agreements.2 3. Include contractual language in tenant lease agreements that requires all TRUs entering the project-site be plug-in capable. 4. Include contractual language in tenant lease agreements that requires future tenants to exclusively use zero-emission light and medium-duty delivery trucks and vans. 5. Include contractual language in tenant lease agreements that requires all service equipment (e.g., yard hostlers, yard equipment, forklifts, and pallet jacks) used within the project site to be zero-emission. This equipment is widely available and can be purchased using incentive funding from CARB’s Clean Off-Road Equipment Voucher Incentive Project (CORE).3 6. Include contractual language in tenant lease agreements that requires all heavy-duty trucks entering or on the project site to be model year 2014 or later, expedite a transition to zero-emission vehicles, and be fully zero-emission beginning in 2023. A list of commercially available zero-emission trucks can be obtained from the the Hybrid and Zero-emission Truck and Bus Voucher Incentive Project (HVIP).4 Additional insentive funds can be obtained from the Carl Moyer Program and Voucher Incentive Program.5 7. Include contractual language in tenant lease agreements that requires the tenant to be in, and monitor compliance with, all current air quality regulations for on-road trucks optional low-NOx emission standard is available at: https://ww2.arb.ca.gov/our-work/programs/optional- reduced-nox-standards . 2. CARB’s technology assessment for transport refrigerators provides information on the current and projected development of TRUs, including current and anticipated costs. The assessment is available at: https://www.arb.ca.gov/msprog/tech/techreport/tru_07292015.pdf 3 Clean Off-Road Equipment Voucher Incentive Project. Accessible at: https://californiacore.org/how-to- participate/ 4 Zero-Emission Truck and Bus Voucher Incentive Project. Accessible at: https://californiahvip.org/ 5 Carl Moyer Program and Voucher Incentive Program. https://ww2.arb.ca.gov/carl-moyer-program-apply 3 including CARB’s Heavy-Duty (Tractor-Trailer) Greenhouse Gas Regulation,6 Advanced Clean Trucks Regulation,7 Periodic Smoke Inspection Program (PSIP),8 and the Statewide Truck and Bus Regulation.9 8. Include contractual language in tenant lease agreements restricting trucks and support equipment from idling longer than two minutes while on site. 9. Include rooftop solar panels for each proposed warehouse to the extent feasible, with a capacity that matches the maximum allowed for distributed solar connections to the grid. 10. Include contractual language in tenant lease agreements, requiring the installing of vegetative walls10 or other effective barriers that separate loading docks and people living or working nearby. 11. Include contractual language in tenant lease agreements, requiring all emergency generators to be powered by a non-diesel fuel. 12. The project should be constructed to meet CalGreen Tier 2 green building standards, including all provisions related to designated parking for clean air vehicles, electric vehicle charging, and bicycle parking, and achieve a certification of compliance with LEED green building standards. 6. In December 2008, CARB adopted a regulation to reduce greenhouse gas emissions by improving the fuel efficiency of heavy-duty tractors that pull 53-foot or longer box-type trailers. The regulation applies primarily to owners of 53-foot or longer box-type trailers, including both dry-van and refrigerated-van trailers, and owners of the heavy-duty tractors that pull them on California highways. CARB’s Heavy-Duty (Tractor-Trailer) Greenhouse Gas Regulation is available at: https://ww2.arb.ca.gov/our-work/programs/ttghg 7 On June 25, 2020, CARB approved the Advanced Clean Trucks Regulation. The regulation requires manufacturers to start the transition from diesel trucks and vans to zero-emission trucks beginning in 2024. The rule is expected to result in about 100,000 electric trucks in California by the end of 2030 and about 300,000 by 2035. CARB is expected to consider a fleet regulation in 2021 that would be compatible with the Advanced Clean Trucks regulation, requiring fleets to purchase a certain percentage of zero-emission trucks and vans for their fleet operations. https://ww2.arb.ca.gov/our-work/programs/advanced-clean-trucks 8. The PSIP program requires that diesel and bus fleet owners conduct annual smoke opacity inspections of their vehicles and repair those with excessive smoke emissions to ensure compliance. CARB’s PSIP program is available at: https://www.arb.ca.gov/enf/hdvip/hdvip.htm 9. The regulation requires that newer heavier trucks and buses must meet particulate matter filter requirements beginning January 1, 2012. Lighter and older heavier trucks must be replaced starting January 1, 2015. By January 1, 2023, nearly all trucks and buses will need to have 2010 model-year engines or equivalent. CARB’s Statewide Truck and Bus Regulation is available at: https://www.arb.ca.gov/msprog/onrdiesel/onrdiesel.htm 10. Effectiveness of Sound Wall-Vegetation Combination Barriers as Near-Roadway Pollutant Mitigation Strategies (2017) is available at: https://ww2.arb.ca.gov/sites/default/files/classic//research/apr/past/13-306.pdf CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE “Bringing People Together to Improve Our Social and Natural Environment” Mailing Address Physical Address Tel: 951-360-8451 P.O. Box 33124 3840 Sunnyhill Drive, Suite A Fax: 951-360-5950 Jurupa Valley CA 92519 Jurupa Valley CA 92509 www.ccaej.org September 14, 2021 Cecily Session-Goins City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Submitted via email to csgoins@fontana.org Re: Fontana Corporate Center Notice of Preparation (SCH #2021080279) Dear Cecily, I am writing on behalf of the Center for Community Action and Environmental Justice to provide comments for the Notice of Preparation (SCH #2021080279) for the Fontana Corporate Center (“Project”) which has been proposed there in the city. We are concerned to see that another project of this type and size is moving forward there in Fontana. Over the last several years, the community has become increasingly overburdened by these uses, something which is reflected in the fact that it has a CalEnviroScreen score of 95. Pollutants continue to pose a threat to the community and it is imperative that those concerns are addressed as part of the EIR process for the Project. Finally, I attempted to attend the scoping meeting for the Project which was scheduled for September 1, 2021 at 5:30 PM and shared the information with community members to also attend, but was unable to join by either the Webex platform or via the phone number. Thank you for taking the time to receive these comments on this Project. If there are any further questions, please do not hesitate to reach out for clarification. Sincerely, Marven Norman Policy Specialist CCAEJ is a long-standing community based organization with over 40 years of experience advocating for stronger regulations through strategic campaigns and building a base of community power. Most notably, CCAEJ’s founder Penny Newman won a landmark federal case against Stringfellow Construction which resulted in the `Stringfellow Acid Pits’ being declared one of the first Superfund sites in the nation. CCAEJ prioritizes community voices as we continue our grassroots efforts to bring lasting environmental justice to the Inland Valley Region. CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE “Bringing People Together to Improve Our Social and Natural Environment” Mailing Address Physical Address Tel: 951-360-8451 P.O. Box 33124 3840 Sunnyhill Drive, Suite A Fax: 951-360-5950 Jurupa Valley CA 92519 Jurupa Valley CA 92509 www.ccaej.org Figure 1. CalEnviroScreen 4.0 score for census tract 6071002204 where the Project is proposed to be located. ~ Draft CalEnviroScreen 4.0 fromOEHHA CalEnwoScreenW"b••·· Abou, w := E. G1Lt l1cf St ----------....,---:~:::========: S;m•Bf.lfn11rd1no Fwy-~)l. "" .l\n.i,. @..Zoom to Census Tract: 6071002204 (Population: 6,863) Bl X The resu s for eac indica1or range from 0-100 and represe e pe.-cen ·te ranking of censustraa 6071002204 relative to ot e, census traas. M•ffillwt#MM4 C6IE viroScreen 4.0 Pe.-cen ·1e Pollution Burden Percen ·1e Popula on Chareaeristics Percentile 05 98 77 Ozone 92 Pe iculete Maner __ 5 9~ Diesel Particulate Maner 90 oxic Releases 100 Tra c Pesticides Drinki g Water Lead from Housing Environmental Effects leanup s· es Groundwater Threats ezardo s Waste Impaired W6rnrs Solid Waste Sensitive Po ulations Asthma Low Birth Wejght Cerdiov,;scular Disease SociOQ(lQnomic Factors Education Linguistic Isolation Poverty Unemployment Housing Burden Puri:in A.-w~ 70 0 68 47 90 32 0 95 72 31 86 80 79 78 79 51 September 13, 2021 Ms. Cecily Session-Goins City of Fontana, Planning Division 8353 Sierra Avenue Fontana, California 92335 Phone: (909) 350-6723 E-mail: csgoins@fontana.org RE: SCAG Comments on the Notice of Preparation of a Draft Environmental Impact Report for the Fontana Corporate Center [SCAG NO. IGR10463] Dear Ms. Session-Goins, Thank you for submitting the Notice of Preparation of a Draft Environmental Impact Report for the Fontana Corporate Center (“proposed project”) to the Southern California Association of Governments (SCAG) for review and comment. SCAG is responsible for providing informational resources to regionally significant plans, projects, and programs per the California Environmental Quality Act (CEQA) to facilitate the consistency of these projects with SCAG’s adopted regional plans, to be determined by the lead agencies.1 Pursuant to Senate Bill (SB) 375, SCAG is the designated Regional Transportation Planning Agency under state law and is responsible for preparation of the Regional Transportation Plan (RTP) including the Sustainable Communities Strategy (SCS). SCAG’s feedback is intended to assist local jurisdictions and project proponents to implement projects that have the potential to contribute to attainment of Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) goals and align with RTP/SCS policies. Finally, SCAG is also the authorized regional agency for Inter-Governmental Review (IGR) of programs proposed for Federal financial assistance and direct Federal development activities, pursuant to Presidential Executive Order 12372. SCAG staff has reviewed the Notice of Preparation of a Draft Environmental Impact Report for the Fontana Corporate Center in San Bernardino County. The proposed project includes the construction of a two-building industrial complex containing about 355,000 square feet of building floor area and associated facilities on an 18.5-acre site. When available, please email environmental documentation to IGR@scag.ca.gov providing, at a minimum, the full public comment period for review. If you have any questions regarding the attached comments, please contact the Intergovernmental Review (IGR) Program, attn.: Anita Au, Senior Regional Planner, at (213) 236-1874 or IGR@scag.ca.gov. Thank you. Sincerely, Frank Wen, Ph.D. Manager, Planning Strategy Department 1 Lead agencies such as local jurisdictions have the sole discretion in determining a local project’s consistency with the 2020 RTP/SCS (Connect SoCal) for the purpose of determining consistency for CEQA. .... ·•-. --- ai-~™ INNOVATING FOR A BETTER TOMORROW SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS 900 Wilshire Blvd., Ste. 1700 Los Angeles, CA 90017 T: (213) 236-1800 www.scag.ca.gov REGIONAL COUNCIL OFFICERS President Clint Larimore, Eastvale First Vice President Jan C. Harnik, Riverside County Transportation Commission Second Vice President Carmen Ramirez, County of Ventura Immediate Past President Rex Richardson, Long Beach COMMITTEE CHAIRS Executive/Administration Clint Larimore, Eastvale Community, Economic & Human Development Jorge Marquez, Covina Energy & Environment David Pollock, Moorpark Transportation Sean Ashton, Downey September 13, 2021 SCAG No. IGR10463 Ms. Session-Goins Page 2 COMMENTS ON THE NOTICE OF PREPARATION OF A DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE FONTANA CORPORATE CENTER [SCAG NO. IGR10463] CONSISTENCY WITH CONNECT SOCAL SCAG provides informational resources to facilitate the consistency of the proposed project with the adopted 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS or Connect SoCal). For the purpose of determining consistency with CEQA, lead agencies such as local jurisdictions have the sole discretion in determining a local project’s consistency with Connect SoCal. CONNECT SOCAL GOALS The SCAG Regional Council fully adopted Connect SoCal in September 2020. Connect SoCal, also known as the 2020 – 2045 RTP/SCS, builds upon and expands land use and transportation strategies established over several planning cycles to increase mobility options and achieve a more sustainable growth pattern. The long-range visioning plan balances future mobility and housing needs with goals for the environment, the regional economy, social equity and environmental justice, and public health. The goals included in Connect SoCal may be pertinent to the proposed project. These goals are meant to provide guidance for considering the proposed project. Among the relevant goals of Connect SoCal are the following: SCAG CONNECT SOCAL GOALS Goal #1: Encourage regional economic prosperity and global competitiveness Goal #2: Improve mobility, accessibility, reliability and travel safety for people and goods Goal #3: Enhance the preservation, security, and resilience of the regional transportation system Goal #4: Increase person and goods movement and travel choices within the transportation system Goal #5: Reduce greenhouse gas emissions and improve air quality Goal #6: Support healthy and equitable communities Goal #7: Adapt to a changing climate and support an integrated regional development pattern and transportation network Goal #8: Leverage new transportation technologies and data-driven solutions that result in more efficient travel Goal #9: Encourage development of diverse housing types in areas that are supported by multiple transportation options Goal #10: Promote conservation of natural and agricultural lands and restoration of habitats For ease of review, we encourage the use of a side-by-side comparison of SCAG goals with discussions of the consistency, non-consistency or non-applicability of the goals and supportive analysis in a table format. Suggested format is as follows: September 13, 2021 SCAG No. IGR10463 Ms. Session-Goins Page 3 SCAG CONNECT SOCAL GOALS Goal Analysis Goal #1: Encourage regional economic prosperity and global competitiveness Consistent: Statement as to why; Not-Consistent: Statement as to why; Or Not Applicable: Statement as to why; DEIR page number reference Goal #2: Improve mobility, accessibility, reliability and travel safety for people and goods Consistent: Statement as to why; Not-Consistent: Statement as to why; Or Not Applicable: Statement as to why; DEIR page number reference etc. etc. Connect SoCal Strategies To achieve the goals of Connect SoCal, a wide range of land use and transportation strategies are included in the accompanying twenty (20) technical reports. Of particular note are multiple strategies included in Chapter 3 of Connect SoCal intended to support implementation of the regional Sustainable Communities Strategy (SCS) framed within the context of focusing growth near destinations and mobility options; promoting diverse housing choices; leveraging technology innovations; supporting implementation of sustainability policies; and promoting a Green Region. To view Connect SoCal and the accompanying technical reports, please visit the Connect SoCal webpage. Connect SoCal builds upon the progress from previous RTP/SCS cycles and continues to focus on integrated, coordinated, and balanced planning for land use and transportation that helps the SCAG region strive towards a more sustainable region, while meeting statutory requirements pertinent to RTP/SCSs. These strategies within the regional context are provided as guidance for lead agencies such as local jurisdictions when the proposed project is under consideration. The 2020 Connect SoCal also identifies a goods movement system in the SCAG region and develops strategies to address expected growth trends and demands in goods movement. For further information on the goods movement strategies, please see the 2020 Connect SoCal Goods Movement Technical Report. For further information on industrial development and warehousing in Southern California, please see “Industrial Warehousing in the SCAG Region”. DEMOGRAPHICS AND GROWTH FORECASTS A key, formative step in projecting future population, households, and employment through 2045 for Connect SoCal was the generation of a forecast of regional and county level growth in collaboration with expert demographers and economists on Southern California. From there, jurisdictional level forecasts were ground-truthed by subregions and local agencies, which helped SCAG identify opportunities and barriers to future development. This forecast helps the region understand, in a very general sense, where we are expected to grow, and allows SCAG to focus attention on areas that are experiencing change and may have increased transportation needs. After a year-long engagement effort with all 197 jurisdictions one-on-one, 82 percent of SCAG’s 197 jurisdictions provided feedback on the forecast of future growth for Connect SoCal. SCAG also sought feedback on potential sustainable growth strategies from a broad range of stakeholder groups – including local jurisdictions, county transportation commissions, other partner agencies, industry groups, community-based organizations, and the general public. Connect SoCal utilizes a bottom- up approach in that total projected growth for each jurisdiction reflects feedback received from jurisdiction staff, including city managers, community development/planning directors, and local staff. Growth at the neighborhood level (i.e., transportation analysis zone (TAZ) reflects entitled projects and adheres to current general and specific plan maximum densities as conveyed by jurisdictions (except in cases where entitled projects and development September 13, 2021 SCAG No. IGR10463 Ms. Session-Goins Page 4 agreements exceed these capacities as calculated by SCAG). Neighborhood level growth projections also feature strategies that help to reduce greenhouse gas emissions (GHG) from automobiles and light trucks to achieve Southern California’s GHG reduction target, approved by the California Air Resources Board (CARB) in accordance with state planning law. Connect SoCal’s Forecasted Development Pattern is utilized for long range modeling purposes and does not supersede actions taken by elected bodies on future development, including entitlements and development agreements. SCAG does not have the authority to implement the plan -- neither through decisions about what type of development is built where, nor what transportation projects are ultimately built, as Connect SoCal is adopted at the jurisdictional level. Achieving a sustained regional outcome depends upon informed and intentional local action. To access jurisdictional level growth estimates and forecasts for years 2016 and 2045, please refer to the Connect SoCal Demographics and Growth Forecast Technical Report. The growth forecasts for the region and applicable jurisdictions are below. Adopted SCAG Region Wide Forecasts Adopted City of Fontana Forecasts Year 2020 Year 2030 Year 2035 Year 2045 Year 2020 Year 2030 Year 2035 Year 2045 Population 19,517,731 20,821,171 21,443,006 22,503,899 222,314 247,196 260,700 286,666 Households 6,333,458 6,902,821 7,170,110 7,633,451 55,139 64,192 68,719 77,772 Employment 8,695,427 9,303,627 9,566,384 10,048,822 59,265 65,619 68,796 75,149 MITIGATION MEASURES SCAG staff recommends that you review the Final Program Environmental Impact Report (Final PEIR) for Connect SoCal for guidance, as appropriate. SCAG’s Regional Council certified the PEIR and adopted the associated Findings of Fact and a Statement of Overriding Considerations (FOF/SOC) and Mitigation Monitoring and Reporting Program (MMRP) on May 7, 2020 and also adopted a PEIR Addendum and amended the MMRP on September 3, 2020 (please see the PEIR webpage and scroll to the bottom of the page for the PEIR Addendum). The PEIR includes a list of project-level performance standards-based mitigation measures that may be considered for adoption and implementation by lead, responsible, or trustee agencies in the region, as applicable and feasible. Project-level mitigation measures are within responsibility, authority, and/or jurisdiction of project-implementing agency or other public agency serving as lead agency under CEQA in subsequent project- and site- specific design, CEQA review, and decision-making processes, to meet the performance standards for each of the CEQA resource categories. SENT VIA E-MAIL: September 1, 2021 csgoins@fontana.org Cecily Session-Goins, Assistant Planner City of Fontana, Planning Division 8353 Sierra Avenue Fontana, California 92335 Notice of Preparation of a Draft Environmental Impact Report for the Fontana Corporate Center South Coast Air Quality Management District (South Coast AQMD) staff appreciates the opportunity to comment on the above-mentioned document. Our comments are recommendations on the analysis of potential air quality impacts from the Proposed Project that should be included in the Draft Environmental Impact Report (EIR). Please send a copy of the Draft EIR upon its completion and public release directly to South Coast AQMD as copies of the Draft EIR submitted to the State Clearinghouse are not forwarded. In addition, please send all appendices and technical documents related to the air quality, health risk, and greenhouse gas analyses and electronic versions of all emission calculation spreadsheets, and air quality modeling and health risk assessment input and output files (not PDF files). Any delays in providing all supporting documentation for our review will require additional review time beyond the end of the comment period. CEQA Air Quality Analysis Staff recommends that the Lead Agency use South Coast AQMD’s CEQA Air Quality Handbook and website1 as guidance when preparing the air quality and greenhouse gas analyses. It is also recommended that the Lead Agency use the CalEEMod2 land use emissions software, which can estimate pollutant emissions from typical land use development and is the only software model maintained by the California Air Pollution Control Officers Association. South Coast AQMD has developed both regional and localized significance thresholds. South Coast AQMD staff recommends that the Lead Agency quantify criteria pollutant emissions and compare the emissions to South Coast AQMD’s CEQA regional pollutant emissions significance thresholds3 and localized significance thresholds (LSTs)4 to determine the Proposed Project’s air quality impacts. The localized analysis can be conducted by either using the LST screening tables or performing dispersion modeling. The Lead Agency should identify any potential adverse air quality impacts that could occur from all phases of the Proposed Project and all air pollutant sources related to the Proposed Project. Air quality impacts from both construction (including demolition, if any) and operations should be calculated. Construction-related air quality impacts typically include, but are not limited to, emissions from the use of heavy-duty equipment from grading, earth-loading/unloading, paving, architectural coatings, off-road 1 South Coast AQMD’s CEQA Handbook and other resources for preparing air quality analyses can be found at: http://www.aqmd.gov/home/rules-compliance/ceqa/air-quality-analysis-handbook. 2 CalEEMod is available free of charge at: www.caleemod.com. 3 South Coast AQMD’s CEQA regional pollutant emissions significance thresholds can be found at: http://www.aqmd.gov/docs/default-source/ceqa/handbook/scaqmd-air-quality-significance-thresholds.pdf. 4 South Coast AQMD’s guidance for performing a localized air quality analysis can be found at: http://www.aqmd.gov/home/regulations/ceqa/air-quality-analysis-handbook/localized-significance-thresholds. J1it1 South Coast ~Air Quality Management District mJm 21865 Copley Drive, Diamond Bar, CA 91 765-4 I 78 r.l.!ltLl!J (909) 396-2000 , www.aqmd.gov Cecily Session-Goins 2 September 1, 2021 mobile sources (e.g., heavy-duty construction equipment) and on-road mobile sources (e.g., construction worker vehicle trips, material transport trips, and hauling trips). Operation-related air quality impacts may include, but are not limited to, emissions from stationary sources (e.g., boilers and air pollution control devices), area sources (e.g., solvents and coatings), and vehicular trips (e.g., on- and off-road tailpipe emissions and entrained dust). Air quality impacts from indirect sources, such as sources that generate or attract vehicular trips, should be included in the analysis. Furthermore, emissions from the overlapping construction and operational activities should be combined and compared to South Coast AQMD’s regional air quality CEQA operational thresholds to determine the level of significance. If the Proposed Project generates diesel emissions from long-term construction or attracts diesel-fueled vehicular trips, especially heavy-duty diesel-fueled vehicles, it is recommended that the Lead Agency perform a mobile source health risk assessment5. In the event that implementation of the Proposed Project requires a permit from South Coast AQMD, South Coast AQMD should be identified as a Responsible Agency for the Proposed Project in the Draft EIR. The assumptions in the air quality analysis in the EIR will be the basis for evaluating the permit under CEQA and imposing permit conditions and limits. Questions on permits should be directed to South Coast AQMD’s Engineering and Permitting staff at (909) 396-3385. The California Air Resources Board’s (CARB) Air Quality and Land Use Handbook: A Community Health Perspective6 is a general reference guide for evaluating and reducing air pollution impacts associated with new projects that go through the land use decision-making process with additional guidance on strategies to reduce air pollution exposure near high-volume roadways available in CARB’s technical advisory7. South Coast AQMD staff is concerned about potential public health impacts of siting warehouses within close proximity of sensitive land uses, especially in communities that are already heavily affected by the existing warehouse and truck activities. The South Coast AQMD’s Multiple Air Toxics Exposure Study (MATES IV), completed in May 2015, concluded that the largest contributor to cancer risk from air pollution is diesel particulate matter (DPM) emissions8. According to the MATES IV Carcinogenic Risk interactive Map, the area surrounding the Proposed Project has an estimated cancer risk over 472 in one million, and air toxics cancer risk is higher than 55 percent of the South Coast AQMD population9. Operation of warehouses generates and attracts heavy-duty diesel-fueled trucks that emit DPM. When the health impacts from the Proposed Project are added to those existing impacts, residents living in the communities surrounding the Proposed Project will possibly face an even greater exposure to air pollution and bear a disproportionate burden of increasing health risks. Mitigation Measures In the event that the Proposed Project results in significant adverse air quality impacts, CEQA requires that all feasible mitigation measures that go beyond what is required by law be utilized to minimize these impacts. Any impacts resulting from mitigation measures must also be analyzed. Several resources to assist the Lead Agency with identifying potential mitigation measures for the Proposed Project include 5 South Coast AQMD’s guidance for performing a mobile source health risk assessment can be found at: http://www.aqmd.gov/home/regulations/ceqa/air-quality-analysis-handbook/mobile-source-toxics-analysis. 6 CARB’s Air Quality and Land Use Handbook: A Community Health Perspective can be found at: http://www.arb.ca.gov/ch/handbook.pdf. 7 CARB’s technical advisory can be found at: https://www.arb.ca.gov/ch/landuse.htm. 8 South Coast AQMD. August 2021. Multiple Air Toxics Exposure Study in the South Coast Air Basin V. Available at: http://www.aqmd.gov/home/air-quality/air-quality-studies/health-studies/mates-v. 9 South Coast AQMD. MATES V Data Visualization Tool. Accessed at: https://experience.arcgis.com/unsupported- browser/index.html. Cecily Session-Goins 3 September 1, 2021 South Coast AQMD’s CEQA Air Quality Handbook1, South Coast AQMD’s Mitigation Monitoring and Reporting Plan for the 2016 Air Quality Management Plan10, and Southern California Association of Government’s Mitigation Monitoring and Reporting Plan for the 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy11. Mitigation measures for operational air quality impacts from mobile sources that the Lead Agency should consider in the Draft EIR may include the following: • Require zero-emissions (ZE) or near-zero emission (NZE) on-road haul trucks such as heavy- duty trucks with natural gas engines that meet the CARB’s adopted optional NOx emissions standard at 0.02 grams per brake horsepower-hour (g/bhp-hr), if and when feasible. Given the state’s clean truck rules and regulations aiming to accelerate the utilization and market penetration of ZE and NZE trucks such as the Advanced Clean Trucks Rule12 and the Heavy- Duty Low NOx Omnibus Regulation13, ZE and NZE trucks will become increasingly more available to use. The Lead Agency should require a phase-in schedule to incentive the use of these cleaner operating trucks to reduce any significant adverse air quality impacts. South Coast AQMD staff is available to discuss the availability of current and upcoming truck technologies and incentive programs with the Lead Agency. At a minimum, require the use of 2010 model year14 that meet CARB’s 2010 engine emissions standards at 0.01 g/bhp-hr of particulate matter (PM) and 0.20 g/bhp-hr of NOx emissions or newer, cleaner trucks. Include environmental analyses to evaluate and identify sufficient electricity and supportive infrastructures in the Energy and Utilities and Service Systems Sections in the CEQA document, where appropriate. Include the requirement in applicable bid documents, purchase orders, and contracts. Operators shall maintain records of all trucks associated with project construction to document that each truck used meets these emission standards, and make the records available for inspection. The Lead Agency should conduct regular inspections to the maximum extent feasible to ensure compliance. • Limit the daily number of trucks allowed at the Proposed Project to levels analyzed in the Final CEQA document. If higher daily truck volumes are anticipated to visit the site, the Lead Agency should commit to re-evaluating the Proposed Project through CEQA prior to allowing this higher activity level. • Provide electric vehicle (EV) charging stations or at a minimum, provide the electrical infrastructure and electrical panels should be appropriately sized. Electrical hookups should be provided for truckers to plug in any onboard auxiliary equipment. 10 South Coast AQMD’s 2016 Air Quality Management Plan can be found at: http://www.aqmd.gov/docs/default- source/Agendas/Governing-Board/2017/2017-mar3-035.pdf (starting on page 86). 11 Southern California Association of Governments’ 2020-2045 RTP/SCS can be found at: https://www.connectsocal.org/Documents/PEIR/certified/Exhibit-A_ConnectSoCal_PEIR.pdf. 12 CARB. June 25, 2020. Advanced Clean Trucks Rule. Accessed at: https://ww2.arb.ca.gov/our-work/programs/advanced-clean- trucks. 13 CARB has recently passed a variety of new regulations that require new, cleaner heavy-duty truck technology to be sold and used in state. For example, on August 27, 2020, CARB approved the Heavy-Duty Low NOx Omnibus Regulation, which will require all trucks to meet the adopted emission standard of 0.05 g/hp-hr starting with engine model year 2024. Accessed at: https://ww2.arb.ca.gov/rulemaking/2020/hdomnibuslownox. 14 CARB adopted the statewide Truck and Bus Regulation in 2010. The Regulation requires diesel trucks and buses that operate in California to be upgraded to reduce emissions. Newer heavier trucks and buses must meet particulate matter filter requirements beginning January 1, 2012. Lighter and older heavier trucks must be replaced starting January 1, 2015. By January 1, 2023, nearly all trucks and buses will need to have 2010 model year engines or equivalent. More information on the CARB’s Truck and Bus Regulation is available at: https://www.arb.ca.gov/msprog/onrdiesel/onrdiesel.htm. Cecily Session-Goins 4 September 1, 2021 Mitigation measures for operational air quality impacts from other area sources that the Lead Agency should consider in the Draft EIR may include the following: • Maximize use of solar energy by installing solar energy arrays. • Use light colored paving and roofing materials. • Utilize only Energy Star heating, cooling, and lighting devices, and appliances. • Use of water-based or low VOC cleaning products that go beyond the requirements of South Coast AQMD Rule 1113. Design considerations for the Proposed Project that the Lead Agency should consider to further reduce air quality and health risk impacts include the following: • Clearly mark truck routes with trailblazer signs, so that trucks will not travel next to or near sensitive land uses (e.g., residences, schools, day care centers, etc.). • Design the Proposed Project such that truck entrances and exits are not facing sensitive receptors and trucks will not travel past sensitive land uses to enter or leave the Proposed Project site. • Design the Proposed Project such that any check-in point for trucks is inside the Proposed Project site to ensure that there are no trucks queuing outside. • Design the Proposed Project to ensure that truck traffic inside the Proposed Project site is as far away as feasible from sensitive receptors. • Restrict overnight truck parking in sensitive land uses by providing overnight truck parking inside the Proposed Project site. On May 7, 2021, South Coast AQMD’s Governing Board adopted Rule 2305 – Warehouse Indirect Source Rule – Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program, and Rule 316 – Fees for Rule 2305. Rules 2305 and 316 are new rules that will reduce regional and local emissions of nitrogen oxides (NOx) and particulate matter (PM), including diesel PM. These emission reductions will reduce public health impacts for communities located near warehouses from mobile sources that are associated with warehouse activities. Also, the emission reductions will help the region attain federal and state ambient air quality standards. Rule 2305 applies to owners and operators of warehouses greater than or equal to 100,000 square feet. Under Rule 2305, operators are subject to an annual WAIRE Points Compliance Obligation that is calculated based on the annual number of truck trips to the warehouse. WAIRE Points can be earned by implementing actions in a prescribed menu in Rule 2305, implementing a site-specific custom plan, or paying a mitigation fee. Warehouse owners are only required to submit limited information reports, but they can opt in to earn Points on behalf of their tenants if they so choose because certain actions to reduce emissions may be better achieved at the warehouse development phase, for instance the installation of solar and charging infrastructure. Rule 316 is a companion fee rule for Rule 2305 to allow South Coast AQMD to recover costs associated with Rule 2305 compliance activities. Since the Proposed Project consists of the development of two warehouses totaling 355,000 square feet, the Proposed Project’s warehouses owners and operators will be required to comply with Rule 2305 once the warehouses are occupied. Therefore, South Coast AQMD staff recommends that the Lead Agency review South Coast AQMD Rule 2305 to determine the potential WAIRE Points Compliance Obligation for future operators and explore whether additional project requirements and CEQA mitigation measures can be identified and implemented at the Proposed Project that may help future warehouse operators meet their compliance obligation15. South Coast AQMD staff is available to answer questions concerning Rule 2305 implementation and compliance by phone or email at (909) 396-3140 or waire-program@aqmd.gov. 15 South Coast AQMD Rule 2305 – Warehouse Indirect Source Rule – Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program. Accessed at: http://www.aqmd.gov/docs/default-source/rule-book/reg-xxiii/r2305.pdf. Cecily Session-Goins 5 September 1, 2021 For implementation guidance documents and compliance and reporting tools, please visit South Coast AQMD’s WAIRE Program webpage16. South Coast AQMD staff is available to work with the Lead Agency to ensure that air quality, greenhouse gas, and health risk impacts from the Proposed Project are accurately evaluated and mitigated where feasible. If you have any questions regarding this letter, please contact me at lsun@aqmd.gov. Sincerely, Lijin Sun Lijin Sun Program Supervisor, CEQA IGR Planning, Rule Development & Area Sources LS SBC210817-07 Control Number 16 South Coast AQMD WAIRE Program. Accessed at: http://www.aqmd.gov/waire.