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HomeMy WebLinkAboutFontana Square Project Public Draft Initial Study Mitigated Negative Declaration MC No. 20-083 CITY OF FONTANA FONTANA SQUARE PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION December 2022 Prepared By: Kimley-Horn and Associates, Inc. 3880 Lemon Street, Suite 420 Riverside, CA 92501 MC No. 20-083 Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page i Table of Contents 1.0 INTRODUCTION & PURPOSE OF THE MITIGATED NEGATIVE DECLARATION ................................ 1 1.1 Project Overview ............................................................................................................... 1 1.2 Purpose and Scope of the Initial Study/Mitigated Negative Declaration ............................. 1 1.3 Summary of Findings ......................................................................................................... 1 1.4 Mitigation Measures ......................................................................................................... 1 1.5 Environmental Resource Topics ......................................................................................... 2 1.6 Report Organization .......................................................................................................... 2 1.7 Initial Study Public Review Process .................................................................................... 3 2.0 DESCRIPTION OF PROPOSED PROJECT ......................................................................................... 4 2.1 Location, Setting, Proposed Project ................................................................................... 4 2.2 Proposed Project ............................................................................................................... 5 3.0 INITIAL STUDY CHECKLIST .......................................................................................................... 52 Environmental Factors Potentially Affected ................................................................................ 55 4.0 ENVIRONMENTAL ANALYSIS ...................................................................................................... 56 Aesthetics................................................................................................................................... 56 Agriculture and Forestry REsources ............................................................................................ 60 Air Quality .................................................................................................................................. 62 Biological Resources ................................................................................................................... 80 Cultural Resources ...................................................................................................................... 94 Energy ...................................................................................................................................... 102 Geology and Soils ..................................................................................................................... 107 Greenhouse gas Emissions ........................................................................................................ 115 Hazards and Hazardous Materials ............................................................................................. 131 Hydrology and Water Quality ................................................................................................... 136 Mineral Resources .................................................................................................................... 145 Noise ........................................................................................................................................ 147 Population and Housing ............................................................................................................ 165 Public Services .......................................................................................................................... 167 Recreation ................................................................................................................................ 170 Transportation ......................................................................................................................... 171 Tribal Cultural REsources .......................................................................................................... 176 Utilities And Service Systems .................................................................................................... 181 Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page ii Wildfire .................................................................................................................................... 187 MANDATORY FINDINGS OF SIGNIFICANCE ................................................................................ 191 5.0 REFERENCES ............................................................................................................................. 193 Tables Table 1: Existing Land Use Designation and Zoning District ...................................................................... 4 Table 2: Parking Requirements ................................................................................................................ 7 Table 3: Other Permits and Approvals.................................................................................................... 52 Table 4: Ambient Air Quality Data .......................................................................................................... 65 Table 5: Sensitive Receptors .................................................................................................................. 66 Table 6: South Coast Air Quality Management District Emissions Thresholds ............................................. 66 Table 7: Local Significance Thresholds for Construction/Operations (Maximum Pounds Per Day) .......... 67 Table 8: Construction-Related Emissions ............................................................................................... 70 Table 9: Long-Term Operational Emissions ............................................................................................ 71 Table 10: Equipment-Specific Grading Rates .......................................................................................... 74 Table 11: Localized Significance of Construction Emissions .................................................................... 75 Table 12: Localized Significance of Operational Emissions ...................................................................... 75 Table 13: Cultural Resources and Reports Located Within One Mile of the Project Site .......................... 96 Table 14: Construction-Related Greenhouse Gas Emissions ................................................................. 120 Table 15: Project Greenhouse Gas Emissions ....................................................................................... 121 Table 16: Regional Transportation Plan/Sustainable Communities Strategy Consistency ...................... 124 Table 17: Project Consistency with Applicable CARB Scoping Plan Measures ....................................... 126 Table 18: Existing Traffic Noise Levels .................................................................................................. 149 Table 19: Human Reaction and Damage to Buildings for Continuous or Frequent Intermittent Vibrations .. 150 Table 20: Sensitive Receptors .............................................................................................................. 151 Table 21: Typical Construction Noise Levels ......................................................................................... 155 Table 22: Project Construction Noise Levels at Nearest Receptor ......................................................... 157 Table 23: Existing and Project Traffic Noise Levels ............................................................................... 159 Table 24: Horizon Year and Horizon Year Plus Project Traffic Noise Levels ........................................... 159 Table 25: Typical Construction Equipment Vibration Levels ................................................................. 161 Table 26: Cumulative Traffic Noise Levels ............................................................................................ 163 Table 27 – SBCTA VMT Screening Tool Results ..................................................................................... 173 Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page iii Exhibits Exhibit 1: Regional Location ................................................................................................................... 14 Exhibit 2: Local Vicinity .......................................................................................................................... 16 Exhibit 3: Aerial View ............................................................................................................................. 18 Exhibit 4: Project Site Plan ..................................................................................................................... 20 Exhibit 5: Banquet Hall Elevations .......................................................................................................... 22 Exhibit 6: Banquet Hall Floor Plan .......................................................................................................... 24 Exhibit 7: Holiday Inn Express Hotel & Suites Elevations ........................................................................ 26 Exhibit 8: Staybridge Suites Elevations ................................................................................................... 28 Exhibit 9: Dual Brand Hotel Floor Plan ................................................................................................... 30 Exhibit 10: C-Store/Restaurant Elevations .............................................................................................. 32 Exhibit 11: C-Store/Restaurant Floor Plan .............................................................................................. 34 Exhibit 12: In-N-Out Elevations .............................................................................................................. 36 Exhibit 13: In-N-Out Floor Plan .............................................................................................................. 38 Exhibit 14a: Preliminary Landscape Plan ................................................................................................ 40 Exhibit 14b: Preliminary Landscape Plan ................................................................................................ 42 Exhibit 14c: Preliminary Landscape Plan ................................................................................................ 44 Exhibit 15: Conceptual Utility Plan ......................................................................................................... 46 Exhibit 16: Street Light Improvement Plan ............................................................................................. 48 Exhibit 17: Conceptual Grading Plan ...................................................................................................... 50 Appendices Appendix A Air Quality Assessment Appendix B Habitat Assessment Appendix C Cultural Resources Assessment Appendix D Greenhouse Gas Emissions Assessment Appendix E Water Quality Management Plan Appendix F Drainage Study Appendix G Noise Assessment Appendix H Traffic Impact Analysis Appendix I Shared Parking Assessment Appendix J Water Supply Assessment Appendix K Sewer Availability Letter Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page iv This page intentionally left blank. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 1 1.0 INTRODUCTION & PURPOSE OF THE MITIGATED NEGATIVE DECLARATION 1.1 Project Overview This Initial Study/Mitigated Negative Declaration (IS/MND) was prepared by Kimley-Horn and Associates (Kimley-Horn) for the City of Fontana (City) to assess whether the implementation of the Fontana Square Project (“Project or proposed Project”), located 16014 S. Highland Avenue, south of State Route (SR) 210 (SR 210), north of south Highland Avenue, west of Catawba, and east of Citrus Avenue, in the City of Fontana. This IS/MND was prepared pursuant with the requirements set in the California Environmental Quality Act (CEQA) to determine significant impacts on specific environmental areas. Where a potentially significant impact may occur, appropriate mitigation measures(s) have been identified to avoid or mitigation the potential impact to a less than significant level. 1.2 Purpose and Scope of the Initial Study/Mitigated Negative Declaration In accordance with the California Environmental Quality Act (CEQA) (California Public Resources Code [PRC] Section 21000 et seq.) and its Guidelines (California Code of Regulations [CCR], Title 14, Section 15000 et seq.), this IS/MND has been prepared to evaluate the potential environmental effects associated with the construction and operation of the Fontana Square Project. Pursuant to Section 15367 of the State CEQA Guidelines, the City of Fontana (City) is the lead agency for the Project. The lead agency is the public agency that has the principal responsibility for carrying out or approving a project. As set forth in the State CEQA Guidelines Section 15070, an Initial Study leading to a Mitigated Negative Declaration (IS/MND) can be prepared when the Initial Study has identified potentially significant environmental impacts, but revisions have been made to a project, prior to public review of the Initial Study, that would avoid or mitigate the impacts to a level considered less than significant; and there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment. 1.3 Summary of Findings Section 3.0 of this document contains the Environmental Checklist that was prepared for the proposed project pursuant to CEQA requirements. The Environmental Checklist indicates whether the proposed Project would not result in significant impacts with the implementation of mitigation measures, as identified where applicable throughout this document. 1.4 Mitigation Measures State CEQA Guidelines Section 15041, Authority to Mitigate, gives the lead agency for a project the authority to require feasible changes in any or all activities involved in the project in order to substantially lessen or avoid significant effects on the environment, consistent with applicable Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 2 constitutional requirements such as the “nexus” and “rough proportionality” standards. CEQA Guidelines Section 15364 defines “feasible” as capable of being accomplished in a successful manner within a reasonable period of time, considering economic, environmental, legal, social, and technological factors. Mitigation measures will be adopted to reduce the environmental impacts to less than significant levels. Several forms of mitigation under CEQA Section 15370 are summarized as follow: • Avoiding the impact by not taking a certain action(s) • Minimizing impacts by limiting the degree or magnitude of the action and its implementation. • Rectifying the impact by repairing, rehabilitating, or restoring the impact environment. • Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action • Compensating for the impact by replacing or providing substitute resources or environment. Avoiding impacts is the preferred form of mitigation, followed by minimizing or rectifying the impact to less than significant levels. Compensating for impacts would be pursued if no other form of mitigation is not feasible. 1.5 Environmental Resource Topics This IS/MND evaluates the proposed Project’s impacts on the following resource topics: • Aesthetics • Hydrology and Water Quality • Agricultural and Forestry Resources • Land Use and Planning • Air Quality • Mineral Resources • Biological Resources • Noise • Cultural Resources • Population and Housing • Energy • Public Services • Geology and Soils • Transportation • Greenhouse Gas Emissions • Utilities and Service Systems • Hazardous and Hazardous Materials • Wildfire 1.6 Report Organization This document has been organized into the following sections: Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 3 Section 1.0 Introduction & Purpose of the Initial Study/Mitigated Negative Declaration. This section provides an introduction and overview describing the conclusions of the Initial Study. Section 2.0 Description of Proposed Project. This section identifies key project characteristics and includes a list of anticipated discretionary actions. Section 3.0 Initial Study Checklist. The Environmental Checklist Form provides an overview of the potential impacts that may or may not result from Project implementation. Section 4.0 Environmental Analysis. This section contains an analysis of environmental impacts identified in the Environmental Checklist Form. Section 5.0 References. The section identifies resources used to prepare the Initial Study. 1.7 Initial Study Public Review Process The Initial Study and a Notice of Intent (NOI) to adopt an MND will be distributed to responsible and trustee agencies, other affected agencies, and other parties for a 20-day public review period. Written comments regarding this MND should be addressed to: Salvador Quintanilla Senior Planner Planning Department City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 4 2.0 DESCRIPTION OF PROPOSED PROJECT 2.1 Location, Setting, Proposed Project Project Location The proposed Project site is located at 16014 S. Highland Avenue, south of State Route (SR) 210 (SR 210), north of south Highland Avenue, west of Catawba, and east of Citrus Avenue, in the City of Fontana (Assessor's Parcel Numbers [APNs]: 0228-301-01 through -08, 0228-310-20, -21, -22, -23, 0228-310-33 through -49, -51, and 52). The Project site is bounded by SR 210 to the north, S. Highland Avenue and single-family residential to the south, Citrus Avenue and vacant land to the east, and Catawba Avenue and vacant land to the west; refer to Exhibit 1, Regional Location. Existing Conditions The Project site is a vacant rectangular-shaped site on 8.876-acres. Historical images show that the Project site was previously developed on the southern half of the site with residential dwelling units; refer to Exhibit 2, Local Vicinity. The Project site is currently vacant and shows signs of ruderal grasses, but no native habitat remains on-site; refer to Exhibit 3, Aerial View. Existing General Plan Land Use and Zoning Designations The City’s General Plan Update 2015 – 2035 (General Plan) Land Use Map was updated and adopted on November 13, 2018.1 Furthermore, the City’s Zoning Map was updated on September 10, 2019.2 The Project site has a General Plan land use designation of General Commercial (C-G) and is within the General Commercial (C-2) Zoning District. Adjacent land use and zoning designations are listed in Table 1, Existing Land Use Designation and Zoning District. Table 1: Existing Land Use Designation and Zoning District Location General Plan Land Use Designation Zoning District Project Site (C-G) General Commercial (C-2) General Commercial North SR-210 - Right-Of-Way (ROW) and (C-G) General Commercial SR-210 - Right-Of-Way (ROW) and Sierra Lakes Specific Plan South (R-SF) Single-Family Residential (2.1-5 du/ac) (R-1) Single-Family Residential (2.1-5 du/ac) East (C-G) General Commercial (C-2) General Commercial West (R-SF) Single-Family Residential (2.1-5 du/ac) (R-1) Single-Family Residential (2.1-5 du/ac) Sources: • City of Fontana, State of California General Plan Land Use Map (Adopted November 13, 2018), accessible at https://www.fontana.org/DocumentCenter/View/26777/Land-Use-Map---Exhibit-158 and City of Fontana, State of California Zoning District Map (Last revised April 18, 2017). • City of Fontana. (2019). Zoning District Map. Available at https://www.fontana.org/DocumentCenter/View/30623/Zoning-District-Map. Accessed on March 10, 2021. 1 City of Fontana. (2018). General Plan Land Use Map. Available at https://www.fontana.org/DocumentCenter/View/26777/Land-Use-Map--- Exhibit-158. Accessed on July 15, 2020. 2 City of Fontana. (2019). Zoning District Map. Available at https://www.fontana.org/DocumentCenter/View/30623/Zoning-District-Map. Accessed on July 15, 2020. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 5 2.2 Proposed Project The proposed Project is a commercial development composed of a banquet hall (Development A), a Holiday Inn Express Hotel & Suite and a Staybridge Suites (Development B), a convenience (C-Store)/Restaurant (Development C), and an In-N-Out Burger (Development D). The establishments would be generally located closer to the northern property boundary with most of the vehicle parking stalls along S. Highland Avenue, Citrus Avenue. Parking is also provided throughout the site and between the various establishments. The development would be buffered by decorative landscaping throughout the perimeter of the site. Main ingress and egress to the site would be via a 52’-foot-wide driveway (Driveway No.1), divided a raised median, located directly across from Tokay Avenue. Driveway No.1 would allow for full ingress movements on all directions and would allow southbound, eastbound, and westbound egress onto Tokay Avenue and S. Highland Avenue. Driveway No. 2 is a 35’-foot-wide driveway located on the southwest corner of the site, directly across from Jacaranda Avenue. Driveway No.3 is an approximately 23’-foot-wide-driveway, located on the northwest corner of the site with direct access to Catawba Avenue. Driveway No. 4 is a 35’-foot-wide driveway located southeast portion of the site, directly across Cherimoya Avenue. The proposed development buildings would vary in heights. The tallest structure would be Development B with 5-stories at 65’-7” high. The proposed Project will include trash enclosures throughout the site serving each of the proposed uses. The trash enclosures will have a locking roll-up door and locking device to discourage illegal dumping. The proposed Project will include a fire access route, fire hydrants, and speed humps throughout the site. Table 2, Parking Requirements, provides a breakdown of the parking needs for the proposed development. Also refer to Exhibit 4, Project Site Plan. Due to the variety of services provided on-site, it is anticipated that Development B will operate 24/7, 7 day per weeks, 365 days a year. However, the balance of the proposed developments would operate during regular business hours for that type of development. Development Area (A): Banquet Hall The proposed Project consists of the construction of a new two-story (approximately 32’) banquet hall (38,907-square-feet (SF)) with an 810-seat capacity; refer to Exhibit 5, Banquet Hall Elevations. The banquet hall would be located on the northwest corner of the site on 1.65-acres of the overall Project site. The banquet hall would be bordered by landscaping, vehicle parking, a 12x45 loading area, trash enclosure, Driveway No.3, and SR-210 to the north. To the south, the banquet hall is surrounded by standard and electric vehicle (EV) parking stalls, landscaping, two porch areas, Driveway No. 2, and S. Highland Avenue. To the east of the banquet hall is additional landscaping, standard parking stalls, and Development B. To the west, the banquet hall is bordered by a pedestrian sidewalk, standard vehicle parking and an existing liquor store, not part of the proposed Project. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 6 The main entrance for guests would be provided on the south side of the banquet hall via two lobbies located on the southeast and southwest corners of the building. The Banquet Hall would provide a full kitchen, break room, dish washer, two dry storage rooms, walk in cooler, walk in freezer, men’s & women’s restrooms, and two bride rooms; refer to Exhibit 6, Banquet Hall Floor Plan. The banquet hall is required to provide a minimum of 209 parking spaces: consistent with the City’s parking requirements. Development A would share parking with the Developments B, C, and D via a shared-parking agreement with the other on-site businesses that are part of the proposed Project. Development Area (B): Holiday Inn Express Hotel & Suites and Staybridge Suites Development B would be a combined 121,094-SF, double branded 5-story hotel building, approximately 65’-7” in height; refer to Exhibit 7, Holiday Inn Express Hotel & Suites Elevations, and Exhibit 8, Staybridge Suites Elevations. The proposed use would be generally located on the western half of the site on 2.28-acres of the overall Project site. Development B would be surrounded by a pool, patio, vehicle parking, landscaping, a 12’x45’ loading dock, and SR-210 to the north; vehicle parking stalls, landscaping, S. Highland Avenue, and Driveway No, 1 to the south; landscaping, vehicle parking stalls, and Development A; vehicle parking, internal sidewalk, and Development C The main entrance for guest would be provided on the south side of the building via one lobby located on the southwest corner of the building. Development B would provide 184 hotel rooms and associated amenities such as pool, hot tub, and patio; refer to Exhibit 9, Dual Brand Hotel Floor Plan. Development B will provide 184 parking spaces, plus 10 employee parking spaces which is consistent with the City’s minimum parking standards. Development Area (C): C-Store Area/Restaurant Development D would be approximately 5,000-SF, one-story building, approximately 32’-10” in height; refer to Exhibit 10, C-Store/Restaurant Elevations. The proposed use would be generally located on the eastern portion of the site and would have an approximate 3,750-square-feet of seating area. Development C would be bordered by 12’X70’ loading area and a trash compartment to the north; vehicle parking stalls, landscaping, Driveway No. 4, and S. Highland Avenue to the south; parking stalls, a pedestrian sidewalk, and Development D to the east; vehicle parking, a pedestrian sidewalk, and Development B to the west. The main entrance would be provided on the southeast corner of the building. Development C would provide sit-down dining opportunities, but tenants are to be determined; refer to Exhibit 11, C-Store/Restaurant Floor Plan. Development C will provide 38 parking spaces which is consistent with the City’s minimum parking standards. Development Area (D): In-N-Out Burger Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 7 Development E would be a 3,885-SF, one-story building, approximately 23’-0” in height; refer to Exhibit 12, In-N-Out Elevations. The proposed use would be located on the northeast portion of the site and would have an approximate 3,885-square-feet of seating area. Development D would be bordered by the drive-thru and SR-210 to the north; by guest outdoor seating area, vehicle parking stalls, landscaping, and S. Highland Avenue to the south; outdoor seating area and a double-lane drive-thru, landscaping, and Citrus Avenue to the east; internal driving aisle and Development C to the west. The main entrance would be provided on the south side of the building. Development D would provide sit-down dining; refer to Exhibit 13, In-N-Out Floor Plan. Development D will provide 59 parking spaces which is consistent with the City’s minimum parking standards. Parking Pursuant to Table 30-685A of the Fontana Municipal Code, the Project proposes the following parking data, as identified in Table 2 below: Table 2: Parking Requirements Development Area Parking Standard1 Parking Required (A): Banquet Hall 1/40 @8,630 Net Seating Sq.Ft. + Office Parking 214 (B): Holiday Inn Express Hotel & Suite and Staybridge Suites 1 Space: 1 Room @ 184 Rooms + Employee Parking 194 Employee Stalls (C): C-Store Area/Restaurant 1 Space: 100 Sq.Ft. @ 3,750 Sq.Ft. 38 (D): In-N-Out Burger 1/75 @ 3,885 Sq.Ft. + Outdoor seating 59 Gross Parking Required 505 Gross Parking Required (After 15% Reduction) 430 Gross Parking Provided2 455 Parking Surplus (Deficit) 25 Note: 1City of Fontana Municipal Code, Section 30-685. 2Parking for the Project site was analyzed through a site-specific parking analysis. The individual commercial developments have a shared- parking agreement that allows the sharing of parking areas to supplement the parking needs of the overall site. Based on the City of Fontana’s Municipal Code, the gross parking requirement for the Project is estimated to be 505 parking spaces. Based on a preliminary Shared Parking analysis, the shared parking reduction factor is estimated to be 15%, resulting in an adjusted parking requirement for the project of 50 parking spaces. As noted above, the project would provide 455 parking spaces. The 15% parking reduction identified in the Shared Parking Analysis is based on the Urban Land Institute’s (ULI) Shared Parking (3rd Edition) methodology. Source: Kimley-Horn. March 2021. Shared Parking Analysis. Landscaping According to City landscape standards, the Project is required to provide landscaping equivalent to a minimum of 15 percent of the site area, excluding building footprints, which would equate to 48,319-square-feet of minimum required site landscaping. The Project is anticipated to provide 68,488-square-feet of site landscaping or approximately 23.5 percent of the site area excluding building footprints. Landscaping areas bordering the southern property line will double as bio retention areas, identified as Bio Retation Area No. 1 through 4. Refer to Exhibits 14a through 14c, Preliminary Landscape Plan. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 8 Utilities The following are the existing on-site/adjacent utilities: • Two existing 5” inch water lines traversing the water lines in an east-west direction (to be removed). • A 17 3/8” existing water main runs along S. Highland Avenue, just south of the southern property line. • Existing street lighting is located on the northeast and southeast corners. • Seven sewer manholes are located along S. Highland Avenue. • An 8” sewer lines run along S. Highland Avenue which will be used to tie into from the Project site. The following are the proposed utilities: An 8” inch water line will be installed across the Project site. The water line will traverse the width of the site in an east-west direction along the northern property line and just south of the various developments. The northern water line and southern water line will be connected via water lines traversing in a north-south direction between Developments C and D, and between Developments A and B, and just west of Development A. Similarly, an 8” sewer line will run just south of the various developments, just west of Development A, and along the northern property line. The sewer lines connect to 4” cleanouts at various points, including along the northern property line, just above Development B, at a 6” cleanout just south of Development C, and an 8” cleanout near Driveway No. 2. Development A • Development A will include a 6” cleanout, 6” sewer line, a 6” fire/water line, and a 3” domestic water line that will connect to the proposed 8” water and sewer lines running east-west just south of Development A. Additionally, Development A would include a fully automatic fire sprinkler system. Development A would meet the fire flow requirements which is 1,750 gallons per minute gal/m (reduced 50% due to full sprinkler system) at 20 pounds per square inch (PSI) residual pressure. Development B • Development B will include an 8” cleanout, 8” sewer line, a 4” domestic water line, a 6” fire waterline, and an 8” fire water line. All utilities would connect to the 8” water and sewer lines running east-west just south of Development B. Additionally, Development B would include a fully automatic fire sprinkler system. Development B would meet the fire flow requirements which is 3,750 gallons per minute gal/m (reduced 50% due to full sprinkler system) at 20 (PSI) residual pressure. Development C Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 9 • Development C would include a 6” sewer line, a 1-1/2” domestic water line, and a 4” fire water line. The sewer line would connect to the 6” sewer line running south of the Development C, the water line would connect eastward to the 8” water line, and the fire water line would connect to the 8” water line running along the norther property line. Development D • Development D would include a 6” sewer line, a 2” domestic water service of 1-1/2” meter, 1-1/2” irrigation meter off a 1” meter, and a 6” fire line. All utility boxes are to be underground; refer to Exhibit 15, Conceptual Utility Plan. Lighting The Project would adhere to the city standard of one-foot candle minimum for all entrances, exits, pedestrian paths, parking lots, and activity areas. The Project will reflect all light fixtures on the site plan. All such areas will be illuminated during all hours of darkness and all luminaries will be vandal-resistant fixtures. The type of lighting will be fluorescent, white L.E.D.s or metal halide. Refer to Exhibit 16, Street Light Improvement Plan. Construction The Project is anticipated to be developed in one phase. Upon Project approval, construction is anticipated to occur over a duration of approximately 18 months, beginning in the last quarter of 2022and culminating in the first quarter of 2024. Construction activities would include the construction of a 6’-foot high concrete masonry units (CMU)/glass perimeter wall, fire access route, decorative paving, electrical vehicle charging stations. Off-site improvements include perimeter curb and gutter along Citrus Avenue and S. Highland Avenue. Additionally, the Project would provide 57’-foot half right-of-way (ROW) on Citrus Avenue, would stripe a 200’-foot long southbound right-turn lane on Citrus Avenue, an 8’-foot storage lane. The Project would provide a 104’-foot ROW near Driveway No. 2 and a 52’-foot half ROW near Driveway No. 1. As part of the site’s grading activities, it is anticipated that the site would export 3,512.50 cubic yards (CY) of soil and import 5,490.50 CY of soil; refer to Exhibit 17, Conceptual Grading Plan. Tentative Parcel Map No. 20-021 The Project includes the request to approve Tentative Parcel Map No. 20021 to combine thirty- one parcels into four individual parcels. Conditional Use Permit No. 20-025 The Project includes the request to approve Conditional Use Permit No. 20025 for an 83-room Holiday Inn hotel. Conditional Use Permit No. 20-026 Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 10 The Project includes the request to approve Conditional Use Permit No. 20026 for a 99-room Staybridge Suites hotel. Development Review Permit No. 20-031 The Project includes the request for architectural review of the two proposed hotels, two eating establishments, and the banquet hall located on the northwest corner of S. Highland Avenue and Citrus Avenue (APNs: 0228-301-01 through -08, 0228-310-20, -21, -22, -23, 0228-310-33 through -49, -51, and 52). Variance No. 20-0001 The Project includes the request to reduce the rear landscape setback abutting Interstate 10 (I- 10) from 25 feet to two feet in a partial location at the rear setback area abutting parking spaces. Project Approvals The City as the Lead Agency is responsible for preparing reviewing and adopting the MND before it may consider issuing the following approvals: site plan, tentative parcel map, conditional use permits, off-site and on-site construction permits, sewer connection approval, and storm drain connection approval. Other permits required for the Project may include, but are not limited to, the following: issuance of encroachment permits for driveways, and utilities; security and parking area lighting; permits; building permits; grading permits; tenant improvement permits; and permits for new utility connections. Project Features and Compliance Measures SC AQ-1: Prior to the issuance of grading permits, the City Engineer shall confirm that the Grading Plan, Building Plans and Specifications require all construction contractors to comply with South Coast Air Quality Management District’s (SCAQMD’s) Rules 402 and 403 to minimize construction emissions of dust and particulates. The measures include, but are not limited to, the following: • Portions of a construction site to remain inactive longer than a period of three months would be seeded and watered until grass cover is grown or otherwise stabilized. • All on-site roads would be paved as soon as feasible or watered periodically or chemically stabilized. Prior to Issuance of Grading Permits Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 11 • All material transported off-site would be either sufficiently watered or securely covered to prevent excessive amounts of dust. • The area disturbed by clearing, grading, earthmoving, or excavation operations would be always minimized. • Where vehicles leave a construction site and enter adjacent public streets, the streets would be swept daily or washed down at the end of the workday to remove soil tracked onto the paved surface. SC CUL-1 If human remains are encountered during the undertaking, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. Per California Code, Health and Safety Code - HSC § 7050.5: (b) In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined, in accordance with Chapter 10 (commencing with Section 27460) of Part 3 of Division 2 of Title 3 of the Government Code , that the remains are not subject to the provisions of Section 27491 of the Government Code or any other related provisions of law concerning investigation of the circumstances, manner and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative, in the manner provided in Section 5097.98 of the Public Resources Code. The coroner shall make his or her determination within two During grading activities. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 12 working days from the time the person responsible for the excavation, or his or her authorized representative, notifies the coroner of the discovery or recognition of the human remains. (c) If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 13 This page intentionally left blank. Project Site City of Fontana Exhibit 1: Regional Location City of Fontana Fontana Square Project Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 15 This page intentionally left blank. LEGEND Parcels Project Site Exhibit 2: Local Vicinity City of Fontana Fontana Square Project Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 17 This page intentionally left blank. Exhibit 3: Aerial View City of Fontana Fontana Square Project Project Site Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 19 This page intentionally left blank. FRONTPORCH CANOPY ABOVE PATIO POOL VEST.001 CANOPY ABOVE INTERSTATE FREEWAY 210 CITRUS AVECHERIMOYA TOKAY JACARANDA S. HIGHLAND AVECATAWBA AVENUEAVEENUE AVENUEAVENUEPARCEL 1 PARCEL 2 PARCEL 3 PARCEL 4 NOTE: REFER DETAILED IN-N-OUT PLANS ALONGWITH THIS SUBMITTAL Exhibit 4: Project Site Plan City of Fontana Fontana Square Project Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 21 This page intentionally left blank. (SOUTH) (NORTH) Exhibit 5: Banquet Hall Elevations City of Fontana Fontana Square Project Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 23 This page intentionally left blank. 136'-338" 33'-6"34'-338"30'-0"38'-0"4 2 4 4 2 5 5 4 4 4 4 1 AIRCURTAIN 5 5 5 5 5 5 4 4 4 4 1 5 5 5 5 5 5 55 5 2 2 4 4 2 2 2 2 4 3 2 2 2 2 3 3 3 1 2 2 2 2 2 2 2 4 4 4 G1 G1 G1 G1 G1 G1 G1 G1 G1 G1 G1 G1 G1 G1G1 G1 G1 G22 G22 G23G20 G21 G22 G22 G19 G16 G15 G14 G17 G18 G10 G11 G4a G9 G23 G3 G4aG3 G3 G12 G13 G1 G8 G7 G6 G5 G1 G5 G7 C1C1 C2 C2 C2 C3 C2 D1 D2 D2 7'-4" 136'-338"210'-938"60'-1"15'-718"42'-014"20'-278"15'-2"9'-358"2'-3"18'-5"5'-1158"31'-1034"28'-8"12'-1078"22'-1178"4'-11"49'-378"60'-1"31'-1034"28'-8"12'-1078"22'-1178"4'-11"49'-378"210'-938"7'-4"15'-718"42'-014"20'-278"15'-2"9'-358"2'-3"18'-5"5'-1158" Exhibit 6: Banquet Hall Floor Plan City of Fontana Fontana Square Project Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 25 This page intentionally left blank. Exhibit 7: Holiday Inn Express Hotel & Suites Elevations City of Fontana Fontana Square Project Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 27 This page intentionally left blank. Exhibit 8: Staybridge Suites Elevations City of Fontana Fontana Square Project Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 29 This page intentionally left blank. 2 4 5 7 9 10 11 12 13 14 15 16 18 19 A B C D E H I 8 17136 J F G K L M STUDIO KINGCUSTOMISESTUDIO KINGADASTUDIO KINGADA STUDIO KING A ELECTRICAL STORAGECORR. BSTUDIO KING A GUESTSTORAGE LOW ROOF STORAGEVEST.GUESTSTORAGE GUESTSTORAGE GUESTSTORAGE GUESTSTORAGE ELEV. LOBBY HOUSEKEEPING ELEV. 2 ELEV. 1 STAIR #1 CANOPY BELOW RD M1.1M1.1 ONE BEDROOMKING STUDIO KING ASTUDIO KING ASTUDIO KING ASTUDIO KING ASTUDIO KING A STUDIO KING ASTUDIO KING ASTUDIO KING ASTUDIO KING A STUDIO KING A ACC. ONEBEDROOM KING 1A3.2.0 2A3.2.0 2 A3.2.0 3A3.2.0LINENCHUTE IDF FEFE RD KING ONE BEDROOMKING STUDIO KING A KINGSUITE STUDIO KING A STUDIO KING A STUDIO KING A STUDIO KING A KING KING KING DOUBLE QUEEN SUITE ACC.DOUBLE QUEEN DOUBLE QUEEN SUITE DOUBLE QUEEN KING KING STUDIO QUEENQUEEN STUDIO KING A DOUBLE QUEEN DOUBLE QUEEN STAIR #2 UP DN ELECTRICAL ELEV. 2 ELEV. 1 DOUBLE QUEEN ACC.KINGSUITE HOUSEKEEPING LOW ROOF LOW ROOF UP DN KING WIDE STUDIO KING A 17'-514"17'-8"17'-8"17'-8"17'-514"23'-212"17'-514"17'-8"17'-1058"9'-018"27'-6"27'-6"4'-2" 1'-478" 26'-1"31'-7"23'-212"52'-1178"9'-018"60'-6"4'-2"7'-1058"10'-018"17'-8"17'-514"7'-1058"5'-6"16'-358"3'-712"19'-3"53'40'32'-778"136'-738"38'-758"17'-514"7'-1058"5'-6"9'-938"3'-712"73'-878"43'-712"136'-738"4'-2" 27'-6"5'-6"27'-6"9'-018"17'-1058"17'-8"17'-514"23'-212"17'-514"17'-8"17'-8"17'-8"17'-514"26'-1"5'-6"26'-1" 1'-478"60'-6"9'-018"17'-1034"17'-8"17'-514"23'-212"69'-514" 4'-1" 14'-934"58'-738" 296'-978"19'-3"19'-3"13'-9"13'-2"13'-2"12'-11"53'18'-238"16'-358"87'-1012"18'-238"9'-938"5'-6"26'-1"5'-6"26'-1" 1'-478" 296'-978"3'-078"10'-1112"4'-2" Exhibit 9: Dual Brand Hotel Floor Plan City of Fontana Fontana Square Project Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 31 This page intentionally left blank. Exhibit 10: C-Store/Restaurant Elevations City of Fontana Fontana Square Project Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 33 This page intentionally left blank. 7'-914"18'-878"7'-1058"7'-0"7'-0"13'-314"27'-9" 5'-612"4'-634"7'-0"45'-934" 62'-11" 3'-8" 24'-778"3'-8"3'-8"25'-078"3'-8"22'-518"29'-914"6'-558"20'-934"24'-5"25'-534"24'-314"5'-358"3'-8"15'-018"3'-814"4'-514"3'-814"13'-212"3'-814"6'-314"3'-814"19'-1138"3'-8"79'-534"35'-1178"16'-1158"3'-8"37'-10"3'-8"3'-8"28'-558"3'-8"79'-534"35'-4"13'-734"10'-0"3'-1118" 3'-8"25'-278" 3'-8"3'-8" 24'-758"3'-8" 62'-11" Exhibit 11: C-Store/Restaurant Floor Plan City of Fontana Fontana Square Project Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 35 This page intentionally left blank. 13'-7"23'-0"19'-10"13'-7"19'-10"23'-0"EAST ELEVATION NORTH ELEVATION Exhibit 12: In-N-Out Elevations City of Fontana Fontana Square Project Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 37 This page intentionally left blank. Exhibit 13: In-N-Out Floor Plan City of Fontana Fontana Square Project FIRE RISER ROOM PREP AREA 105 COOLER 106 DINING ROOM 100 VESTIBULE 116 SELF SERVINGBAR AREA KITCHEN AREA 103 DRIVE THRU CL CLCL POTATO PEELING 107 KITCHEN ACCESSORY AREA104 POTATO STORAGE 115 DRESSING 109 DRESSING 110 OFFICE 108 MIS ROOM 108A 74 seats A12.0 1 2 3 4 2A 1 4 54A 3A 3 9 10 8 2 C1 C1 C C F G H I J B A A12.0 5 6 7 8 SERVING AREA102 A12.1 1 2 3 A12.1 1 4 5 6 A12.0 9 101112 A12.1 9 7 8 A12.114 151617A12.1 10 111213 A12.1 18 192021 A12.1 30 313233 E E1 K L A12.11819 20 21 ℄ A12.0 14 15 16 13 A12.09 14A15.0 5A15.0 14A15.0 5A15.0 1 A16.0 5 A15.0 BA10.0 2A8.0 AA10.0 AA10.0 D A10.1 2A9.0 CA10.1 BA10.01A8.0 CA10.1EA10.1 1A9.0 1A16.0 5A16.1 1A16.0 5A15.0 11A14.0 14A17.0 14A17.0 5A15.0 6A15.0 1A16.0 1A15.0 2A15.0 4A15.01A15.0 SIM 4A15.06A15.01A15.02A15.01A16.01A15.0 3A16.1 5A16.1 12A16.0 12A16.0 SIM 3 A19.0 7A14.0 10A14.0 6A14.0 8A14.0 7A17.0 5A17.0 3A16.1 5 A15.0 GENERAL NOTES C 13A16.1 A12.017 SCALE: 1 A5.0 FLOOR PLAN 1/4" = 1'-0" CCLLL 5A15.01A16.0 1 A16.0 5 A15.0 2 A16.0 OPP. 9 A17.0FA10.1 CLLC HALLWAY111 WOMEN'S113 RESTROOM VESTIBULE 114 6 6A 7 MEN'S 112 A12.1 22 232425 A12.1 26 272829 A19.0/1 1 24 1/A19.03 2/A19.0234 2/A19.01 7A14.0 SIM.";EXIT";EXIT 5A20.0 9A20.0 Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 39 This page intentionally left blank. Exhibit 14a: Preliminary Landscape Plan City of Fontana Fontana Square Project Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 41 This page intentionally left blank. Exhibit 14b: Preliminary Landscape Plan City of Fontana Fontana Square Project Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 43 This page intentionally left blank. Exhibit 14c: Preliminary Landscape Plan City of Fontana Fontana Square Project Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 45 This page intentionally left blank. FRONTPORCH PATIO POOL VEST.001 FF=1506.00 FF=1504.50 FF=1507.40 FF=1506.75Exhibit 15: Conceptual Utility Plan City of Fontana Fontana Square Project Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 47 This page intentionally left blank. SLOPE FRONTPORCH CANOPY ABOVE CANOPY ABOVE PATIO POOL VEST.001 Exhibit 16: Street Light Improvement Plan City of Fontana Fontana Square Project Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 49 This page intentionally left blank. FRONTPORCH PATIO POOL VEST.001 FF=1504.50 FF=1506.00 FF=1506.75FF=1507.40 PROJECT Exhibit 17: Conceptual Grading Plan City of Fontana Fontana Square Project Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 51 This page intentionally left blank. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 52 3.0 INITIAL STUDY CHECKLIST 1. Project title: Fontana Square Project 2. Lead agency name and address: City of Fontana 8353 Sierra Avenue Fontana, CA 92335 3. Contact person and phone number: Salvador Quintanilla, Senior Planner (909) 350-6656 4. Project location: The proposed Project site is located at 16014 S. Highland Avenue, south of State Route (SR) 210 (SR 210), north of south Highland Avenue, west of Catawba, and east of Citrus Avenue, in the City of Fontana (Assessor's Parcel Numbers [APNs]: 0228-301-01 through -08, 0228-310-20, -21, -22, -23, 0228-310-33 through -49, -51, and 52). The Project site is bounded by SR 210 to the north, S. Highland Avenue and single-family residential to the south, Citrus Avenue and vacant land to the east, and Catawba Avenue and vacant land to the west. 5. Project applicant’s/sponsor's name and address: Ray Allard Citrus Development, LLC 16866 Seville Avenue Fontana, CA 92335 6. General plan designation: Current: General Commercial (C-G) Proposed: No change. 7. Zoning designation: Current: General Commercial (C-2) Proposed: No change 8. Other public agencies whose approval is required: Table 3: Other Permits and Approvals Agency Permit or Approval Fontana Fire Protection District Building Plan check and approval. Review for compliance with 2019 California Fire Code, 2019 California Building Code, California Health & Safety Code and Fontana Municipal Code. Plans for fire detection and alarm systems, and automatic sprinklers. Fontana Water Company Letter of authorization/consent for proposed improvements to provide water supply connection to new development. Southern California Edison Company (SCE) Letter of authorization/consent for proposed improvements to provide electrical supply connection to new development. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 53 9. Project summary: The proposed Project is a commercial development composed of a banquet hall (Development A), a Holiday Inn Express Hotel & Suite and a Staybridge Suites (Development B), a C-Store/Restaurant (Development C), and an In-N-Out Burger (Development D). The establishments would be generally located closer to the northern property boundary with most of the vehicle parking stalls along S. Highland Avenue and Citrus Avenue. Parking is also provided throughout the site and between the various establishments. The development would be buffered by decorative landscaping throughout the perimeter of the site. Main ingress and egress to the site would be via a 52’-foot-wide driveway (Driveway No.1), divided by a raised median, located directly across from Tokay Avenue. Driveway No.1 would allow for full ingress movements on all directions but would only allow eastbound and westbound egress onto S. Highland Avenue. Driveway No. 2 is a 35’- foot-wide driveway located on the southwest corner of the site, directly across from Jacaranda Avenue. Driveway No.3 is an approximately 23’-foot-wide-driveway located on the northwest corner of the site with direct access to Catawba Avenue. Driveway No. 4 is a 35’-foot-wide driveway located southeast portion of the site, directly across Cherimoya Avenue. The proposed development buildings would vary in heights. The tallest structure would be Development B with 5-stories at approximately 65-7” high. The proposed Project will include trash enclosures throughout the site serving each of the proposed uses. The trash enclosures will have a locking roll-up door and locking device to discourage illegal dumping. The proposed Project will include a fire access route and gates equipped with a Knox box system for fire access, fire hydrants, and speed humps throughout the site. 10. Have California Native American tribes traditionally and culturally affiliated with the Project area requested consultation pursuant to PRC Section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? NOTE: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See PRC Section 21080.3.2.) Information may also be available from the California Native American Heritage Commission’s (NAHC) Sacred Lands File per PRC Section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that PRC Section 21082.3(c) contains provisions specific to confidentiality. The city completed the Assembly Bill (AB) 52 tribal consultation for the proposed Project. In March 2021, the city initiated tribal consultation with interested California Native American tribes consistent with AB52. The city requested consultation from the following tribes: the Gabrieleño Band of Mission Indians – Kizh Nation, San Manuel Band of Mission Indians (San Manuel), Soboba Band of Luiseño Indians, Torres Martinez Desert Cahuilla Indians, and the San Gabriel Band of Mission Indians. The Gabrieleño Band of Mission Indians – Kizh Nation requested consultation with the city about the Project. The consultation occurred on March 15, 2021. At the conclusion of the consultation, the Gabrieleño Band of Mission Indians – Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 54 Kizh Nation identified a potential to impact tribal cultural resources and for this reason requested that Mitigation Measures TCR-1 through TCR-3 be implemented. Refer to Section 18 of this document for additional information. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 55 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. Aesthetics Air Quality Agricultural and Forestry Resources Biological Resources Cultural Resources Energy Geology/Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services Recreation Transportation Tribal Cultural Resources Utilities/Service Systems Wildfire Mandatory Findings of Significance DETERMINATION: Based on this initial evaluation (check one): I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. CERTIFICATION: Signature _____ Date CDR+J Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 56 4.0 ENVIRONMENTAL ANALYSIS AESTHETICS ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 1. AESTHETICS. Except as provided in Public Resources Code Section 21099, would the Project: a) Would the project have a substantial adverse effect on a scenic vista? X b) Would the project substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? X c) Would the project, in non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? X d) Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X Regional Context The City of Fontana is in southern San Bernardino County and adjacent to major highways, including Interstate-10 (I-10), Interstate-15 (I-15) and State Route 210 (SR 210). The City of Fontana encompasses approximately 42 square miles of incorporated area, with an additional fifteen square miles under the City’s Sphere of Influence (SOI). This land area consists of large residential communities, shopping centers, and heavy and light industrial uses increasing towards the north and southwest. The city is bordered by the City of Rancho Cucamonga to the west, City of Rialto to the east, City of Riverside to the southeast and City of Jurupa Valley to the south. Scenic Views Under CEQA, a scenic vista is defined as a viewpoint that provides expansive views of a highly valued landscape for the benefit of the public. The city is located on the desert valley floor between the San Gabriel Mountains to the north and the Jurupa Hills to the south. Panoramic scenic view corridors towards the mountains and views of the city from the mountains dominate the City’s visual landscape character. Fontana’s open space consists of a mix of foothill natural areas, utility corridors, and parks. Open space is also found in northern Fontana at the base of Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 57 the San Gabriel Mountains and to the south in the Jurupa Hills. 3 The General Plan does not officially designate any scenic vistas near the Project site, but the San Bernardino Mountains (7.0 miles) and San Gabriel Mountains (2.5 miles) can be seen to the north. Scenic Resources within Scenic Highways Scenic highways and routes are a unique component of the regions circulation system as they traverse areas of scenic or aesthetic value. The purpose of the California Scenic Highway Program, which was established in 1963, is to “Preserve and protect scenic highway corridors from change which would diminish the aesthetic value of lands adjacent to highways.”4 This program provides guidance for signage, aesthetics, grading, and screening to help maintain the scenic value of the roadway.5 No highways within the City are eligible or are officially designated state or county scenic highways. Therefore, the provisions of the California Scenic Highway Program do not apply. a) Would the project have a substantial adverse effect on a scenic vista? Less Than Significant Impact. The Project site is located approximately 2.5 miles south of the base of the San Gabriel Mountains, approximately 7.0 miles southwest of the San Bernardino Mountains, and approximately 7.0 miles north of the Jurupa Hills. The proposed development buildings would vary in heights. The tallest structure would be Development B with 5-stories at 65’-7” high applicable to the C-2 district. (See City Municipal Code, Section 30-949.) The Project site is surrounded by vacant land to the east, SR 210 to the north, residential units to the south, an existing liquor store and vacant land to the west. Viewsheds of the mountains to the north and south would not be compromised since the proposed buildings would be separated by the Project’s proposed lot and setbacks via the proposed landscaping. Due to the vast distance from prominent scenic features in the area, proposed building heights, and the required distance created between residential viewsheds to the south, impacts associated with scenic vistas would be less than significant. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. b) Would the project substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? 3 City of Fontana. 2019. Fontana Forward General Plan Update 2015-2035 – Draft Environmental Impact Report. 4 Caltrans. (2011) District 3 – Scenic Highway Program. Accessed March 11, 2021. Available at https://dot.ca.gov/caltrans-near-me/district-3/d3- programs/d3-maintenance/d3-scenic-hwy- program#:~:text=California%27s%20Scenic%20Highway%20Program%20was%20created%20by%20the,Streets%20and%20Highway%20Code %2C%20Section%20260%20et%20seq. 5 Caltrans. (2011) District 3 – Scenic Highway Program. Accessed March 11, 2021. Available at https://dot.ca.gov/caltrans-near-me/district-3/d3- programs/d3-maintenance/d3-scenic-hwy- program#:~:text=California%27s%20Scenic%20Highway%20Program%20was%20created%20by%20the,Streets%20and%20Highway%20Code %2C%20Section%20260%20et%20seq. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 58 No Impact. As described above, no highways within the City are eligible or officially designated state or county scenic highways. The closest Officially Designated State Scenic Highway is Route 330 located in San Bernardino County, approximately 14.6 miles to the east, at the base of the San Bernardino Mountains. Therefore, the proposed Project would not substantially damage scenic resources within a State Scenic Highway. No impact would occur. Mitigation Measures: No mitigation is required. Level of Significance: No impact. c) Would the project, in non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less Than Significant Impact. The Project site is a vacant site with ruderal vegetation. The surrounding area to the north is fully developed with SR-210, residential uses to the south, vacant land to the east and west. The Project would fully improve the current vacant parcels and commercial uses with associated development features such as landscaping, security lighting, vehicle parking, and other typical amenities of commercial developments, consistent with the City’s General Plan and Municipal code to improve the aesthetic nature of the Project site. Therefore, the change in visual character would not significantly impact the site or the surrounding area. Impacts would be less than significant. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. d) Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less Than Significant Impact. Existing sources of light and glare in the immediate Project area include streetlights, outdoor safety and security lighting associated with adjacent developments, and the residential development in the general area to the south. The Project side does not generate any existing night-time lighting. Project construction would be limited to daytime hours (unless otherwise approved by the City of Fontana), and nighttime lighting would not be required until the Project is operational. Therefore, no short-term impacts associated with light, and glare would occur. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 59 The Project would include security lighting and nighttime lighting throughout the Project site including street lighting; refer to Exhibit 17. Consistent with Section No. 30-184 (Light and Glare) of the City’s Municipal Code6, all lighting used on the Project site is required to be directed and/or shielded to minimize the light from adversely affecting adjacent properties, and no structures or features that create adverse glare effects are permitted. This would require all exterior lighting to be shielded/hooded to prevent light trespass onto nearby properties. In the lighting analysis conducted for the Project, illumination results showed that lighting is expected to only exceed several feet beyond the Project site perimeter. The applicant will also verify the dimensional accuracy of the lighting analysis along with compliance with any applicable electrical, lighting, or energy code to ensure that lighting is maintained on-site. Although some new reflective improvements (i.e., windows and building front treatments) would be introduced to the site, the Project would not be a source of glare in the Project area. This is mainly due to the use of non-reflective building materials included in the Project design features such as stone, stucco, shingles, and metal wall panels all using dark or earth-tone colors, which would minimize the reflectiveness of these improvements. Therefore, long-term impacts associated with light, and glare would be less than significant. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. Cumulative Impacts The potential aesthetic impacts related to views, aesthetics, and light and glare are site-specific. The Project would be consistent with current land use and zoning designations and would adhere to applicable state and local codes and regulations. Therefore, all Project-related impacts would be less than significant. 6 City of Fontana. 2019. Chapter 30 – Zoning and Development Code. Available at https://library.municode.com/ca/fontana/codes/code_of_ordinances?nodeId=CO_CH30ZODECO, accessed on March 13, 2021. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 60 AGRICULTURE AND FORESTRY RESOURCES ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 2. AGRICULTURE AND FORESTRY RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the Project: a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? X b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract? X c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? X d) Would the project result in the loss of forest land or conversion of forest land to non-forest use? X e) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use or conversion of forest land to non- forest use? X a-e) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract? Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? Would the project result in the loss of forest land or conversion of forest land to non-forest use? Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 61 No Impact (a-e). The Project site has not been historically used for agricultural purposes. According to the California Department of Conservation (DOC) Important Farmland Map, the Project site is designated as Urban and Built-Up Land. According to DOC, Urban and Built-up Land is used for residential, industrial, commercial, construction, institutional, public administrative purposes, railroad yards, cemeteries, airports, golf courses, sanitary landfills, sewage treatment plants, water control structures, and other development purposes such as highways, railroads, and other transportation facilities mapped as a part of Urban and Built-up Land, if they are a part of the surrounding urban areas.7 The Project site is in an area surrounded by existing and planned residential and commercial uses. Therefore, the Project site does not meet the definition of lands designated as forestland or timberland as defined by PRC Sections 12220(g), 4526, and 51104(g). The Project site is not used and has not been used in the past for agricultural purposes. The Project site is not classified as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland). Furthermore, the Project site is not subject of a Williamson Act Contract. Implementation of Project would be consistent with existing land use and zoning designations and would not cause rezoning of forest land (as defined in PRC Section 12220(g)), timberland (as defined by PRC Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g)); the existing Project site land use designation and zoning is General Commercial. Overall, the Project would not propose any changes in the existing environment which would result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use. No impacts related to the loss of agricultural resources would occur. Mitigation Measures: No mitigation is required. Level of Significance: No impact. Cumulative Impacts The proposed Project would have no impact on agricultural and forestry resources since the surrounding uses are currently used for commercial or residential purposes. Therefore, implementation of the Project would not contribute to a cumulatively considerable impact in the conversion of Farmland to non-farmland. 7 California Department of Conservation. (2020). Important Farmland Finder. Retrieved from: https://maps.conservation.ca.gov/DLRP/CIFF/. Accessed March 14, 2021. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 62 AIR QUALITY ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project: a) Would the project conflict with or obstruct implementation of the applicable air quality plan? X b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? X c) Would the project expose sensitive receptors to substantial pollutant concentrations? X d) Would the project result in other emissions (such as those leading to odors adversely affecting a substantial number of people)? X An Air Quality Assessment was prepared for the proposed Project by Kimley-Horn and Associates in December 2021. This report is summarized below and are included as Appendix A of this Initial Study. The original Project assumptions for the preparation of the Air Quality Study assumed the development of approximately 195,906 square feet of commercial space, inclusive of 235 combined hotel rooms between two hotels (Holiday Inn and Staybridge Suites). Additionally, the model assumed 450 vehicle parking spaces. The model output with the original assumptions resulted in a less than significant impact on all aspects regarding potential impacts to Air Quality. The proposed Project has been revised to include the consolidation of the two hotels into a single shared building totaling 184 hotel rooms, an increase of 4,973 square feet in the size of the banquet hall, and the increase in parking spaces to 455. Overall, the revised Project would decrease the total development area by 23,530 SF and decrease the number of daily vehicle trips by 180. As explained and documented in the Air Quality Consistency Analysis Memorandum included in Appendix A, the updated Project would generate fewer overall emissions than the original proposal and thus would not result in any air quality impacts beyond those identified in the Air Quality Study; as a result, use of the Air Quality study, including the data presented below, for the updated Project is appropriate (and conservative). Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 63 Construction emissions and operational emissions would continue to be less than significant with implementation of Standard Condition AQ-1. Air Pollutants of Concern The air pollutants emitted into the ambient air by stationary and mobile sources are regulated by state and federal laws. These regulated air pollutants are known as “criteria air pollutants” and are categorized into primary and secondary pollutants. Primary air pollutants are emitted directly from sources. Carbon monoxide (CO), reactive organic gases (ROG), nitrogen oxide (NOX), sulfur dioxide (SO2), coarse particulate matter (PM10), fine particulate matter (PM2.5), and lead (Pb) are primary air pollutants. Of these, CO, NOX, SO2, PM10, and PM2.5 are criteria pollutants. ROG and NOX are criteria pollutant precursors and form secondary criteria pollutants through chemical and photochemical reactions in the atmosphere. For example, the criteria pollutant ozone (O3) is formed by a chemical reaction between ROG and NOX in the presence of sunlight. O3 and nitrogen dioxide (NO2) are the principal secondary pollutants. Toxic Air Contaminants Toxic air contaminants (TACs) are airborne substances that can cause short‐term (acute) or long‐ term (i.e., chronic, carcinogenic, or cancer-causing) adverse human health effects (i.e., injury or illness). TACs include both organic and inorganic chemical substances. They may be emitted from a variety of common sources including gasoline stations, automobiles, dry cleaners, industrial operations, and painting operations. The current California list of TACs includes more than 200 compounds, including particulate emissions from diesel‐fueled engines. The California Air Resources Board (CARB) identified diesel particulate matter (DPM) as a toxic air contaminant. DPM differs from other TACs in that it is not a single substance but rather a complex mixture of hundreds of substances produced when an engine burns diesel fuel. DPM is a concern because it causes lung cancer; many compounds found in diesel exhaust are carcinogenic. DPM includes the particle-phase constituents in diesel exhaust. The chemical composition and particle sizes of DPM vary between different engine types (heavy-duty, light- duty), engine operating conditions (idle, accelerate, decelerate), fuel formulations (high/low sulfur fuel), and the year of the engine. Some short-term (acute) effects of diesel exhaust include eye, nose, throat, and lung irritation, and diesel exhaust can cause coughs, headaches, light- headedness, and nausea. DPM poses the greatest health risk among the TACs. Almost all diesel exhaust particle mass is 10 microns or less in diameter. Due to their extremely small size, these particles can be inhaled and eventually trapped in the bronchial and alveolar regions of the lung. Ambient Air Quality CARB monitors ambient air quality at approximately 250 air monitoring stations across the State. These stations usually measure pollutant concentrations ten feet above ground level; therefore, air quality is often referred to in terms of ground-level concentrations. Existing levels of ambient Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 64 air quality, historical trends, and projections near the Project are documented by measurements made by the South Coast Air Quality Management District (SCAQMD), the air pollution regulatory agency in the South Coast Air Basin (SCAB) that maintains air quality monitoring stations which process ambient air quality measurements. Pollutants of concern in the SCAB include O3, PM10, and PM2.5. The closest air monitoring station to the Project that monitors ambient concentrations of these pollutants is the Fontana-Arrow Monitoring Station (located approximately 3.0 miles to the southwest). Local air quality data from 2018 to 2020 are provided in Table 4, Ambient Air Quality Data, which lists the monitored maximum concentrations and number of exceedances of state or federal air quality standards for each year. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 65 Table 4: Ambient Air Quality Data Criteria Pollutant 2018 2019 2020 Ozone (O3) 1 1-hour Maximum Concentration (ppm) 0.141 0.124 0.151 8-hour Maximum Concentration (ppm) 0.111 0.109 0.111 Number of Days Standard Exceeded CAAQS 1-hour (>0.09 ppm) 38 41 56 NAAQS 8-hour (>0.070 ppm) 69 67 89 Carbon Monoxide (CO) 1 1-hour Maximum Concentration (ppm) 5.41 2.75 5.46 Number of Days Standard Exceeded NAAQS 1-hour (>35 ppm) 0 0 0 CAAQS 1-hour (>20 ppm) 0 0 0 Nitrogen Dioxide (NO2) 1 1-hour Maximum Concentration (ppm) 0.063 0.076 0.066 Number of Days Standard Exceeded NAAQS 1-hour (>0.100 ppm) 0 0 0 CAAQS 1-hour (>0.18 ppm) 0 0 0 Particulate Matter Less Than 10 Microns (PM10) 1 National 24-hour Maximum Concentration 64.1 88.8 76.8 State 24-hour Maximum Concentration 61.5 85.1 73.6 State Annual Average Concentration (CAAQS=20 µg/m3) — — — Number of Days Standard Exceeded NAAQS 24-hour (>150 µg/m3) 0 0 0 CAAQS 24-hour (>50 µg/m3) 8 11 6 Particulate Matter Less Than 2.5 Microns (PM2.5) 1 National 24-hour Maximum Concentration 29.2 81.3 57.6 State 24-hour Maximum Concentration 29.2 81.3 57.6 Number of Days Standard Exceeded NAAQS 24-hour (>35 µg/m3) 0 3 4 Notes: NAAQS = National Ambient Air Quality Standards; CAAQS = California Ambient Air Quality Standards; ppm = parts per million. µg/m3 = micrograms per cubic meter; – = not measured 1 Measurements taken at the Fontana-Arrow Monitoring Station at 14360 Arrow Boulevard, Fontana, California 92335 (CARB# 36197) Source: All pollutant measurements are from the CARB Aerometric Data Analysis and Management system database (https://www.arb.ca.gov/adam) except for CO, which were retrieved from the CARB Air Quality and Meteorological Information System (https://www.arb.ca.gov/aqmis2/aqdselect.php). Sensitive Receptors Sensitive populations are more susceptible to the effects of air pollution than is the general population. Sensitive receptors that are in proximity to localized sources of toxics are of particular concern. Land uses considered sensitive receptors include residences, schools, playgrounds, childcare centers, long‐term health care facilities, rehabilitation centers, convalescent centers, and retirement homes. Sensitive land uses surrounding the Project consist mostly of residential communities. Sensitive land uses near the Project include single-family residential homes, approximately 105 feet to the south on the opposite side of S. Highland Avenue, single-family residential homes approximately 270 feet to the west on Highland Avenue, and a school, A.B. Miller High School, located approximately 1,600 feet to the southeast of the Project. Sensitive land uses nearest to the Project are shown in Table 5, Sensitive Receptors. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 66 Table 5: Sensitive Receptors Receptor Description Distance and Direction from the Project Single-Family Residences 105 feet to the south Single-Family Residences 270 feet to the west Fontana A.B. Miller High School 1,600 feet to the southeast Source: Google Earth, 2021. Methodology Based upon the criteria derived from Appendix G of the CEQA Guidelines, a Project normally would have a significant effect on the environment if it would: • Conflict with or obstruct implementation of the applicable air quality plan. • Result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is in nonattainment under an applicable state or federal ambient air quality standard. • Expose sensitive receptors to substantial pollutant concentrations. • Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people. SCAQMD Thresholds The significance criteria established by SCAQMD may be relied upon to make the above determinations. According to the SCAQMD, an air quality impact is considered significant if the Project would violate any ambient air quality standard, contribute substantially to an existing or projected air quality violation, or expose sensitive receptors to substantial pollutant concentrations. The SCAQMD has established thresholds of significance for air quality during construction and operational activities of land use development projects, as shown in Table 6, South Coast Air Quality Management District Emissions Thresholds. Table 6: South Coast Air Quality Management District Emissions Thresholds Criteria Air Pollutants and Precursors Emissions (Maximum Pounds Per Day) Construction-Related Operational-Related Reactive Organic Gases (ROG) 75 55 Nitrogen Oxides (NOX) 100 55 Carbon Monoxide (CO) 550 550 Sulfur Oxides (SOX) 150 150 Coarse Particulates (PM10) 150 150 Fine Particulates (PM2.5) 55 55 Source: South Coast Air Quality Management District, South Coast AQMD Air Quality Significance Thresholds, April 2019. Localized Carbon Monoxide Along with the daily thresholds listed above, development associated with the Project would also be subject to ambient air quality standards. These are addressed through an analysis of localized CO impacts. The significance of localized impacts depends on whether ambient CO levels near Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 67 the Project above state and federal CO standards are (the more stringent California standards are 20 ppm for 1-hour and 9 ppm for 8-hour). The SCAB has been designated as attainment under the 1-hour and 8-hour standards. Localized Significance Thresholds In addition to the CO hotspot analysis, the SCAQMD developed Localized Significance Thresholds (LSTs) for emissions of NO2, CO, PM10, and PM2.5 generated at new development sites (off-site mobile source emissions are not included in the LST analysis). LSTs represent the maximum emissions that can be generated at a project without expecting to cause or substantially contribute to an exceedance of the most stringent state or federal ambient air quality standards. LSTs are based on the ambient concentrations of that pollutant within the Project source receptor area (SRA), as demarcated by the SCAQMD, and the distance to the nearest sensitive receptor. LST analysis for construction is applicable for all projects that disturb 5-acres or less on a single day. The Project site is located within SCAQMD SRA 34. For informational purposes, Table 7, Local Significance Thresholds for Construction/Operations, shows the LSTs for a 1-acre, 2-acre, and 5-acre project in SRA 34 within 25 meters of the Project. Table 7 shows that the LSTs increase as acreages increase. In addition, LSTs also increase as distances between the source and receptors increase. It should be noted that LSTs are screening thresholds and are therefore conservative. The construction LST acreage is determined based on daily acreage disturbed. The operational LST acreage is based on the total area of the Project site. Table 7: Local Significance Thresholds for Construction/Operations (Maximum Pounds Per Day) Project Size Nitrogen Oxide (NOx) Carbon Monoxide (CO) Coarse Particulates (PM10) Fine Particulates (PM2.5) 1 Acre 118/118 667/667 4/1 3/1 2 Acres 170/170 972/972 7/2 4/1 5 Acres 270/270 1,746/1,746 14/4 8/2 Source: South Coast Air Quality Management District, Localized Significance Threshold Methodology, July 2008. Construction and Operations Air quality impact analysis considers construction and operational impacts associated with the Project. Where criteria air pollutant quantification was required, emissions were modeled using the California Emissions Estimator Model (CalEEMod). CalEEMod is a Statewide land use emissions computer model designed to quantify potential criteria pollutant emissions associated with both construction and operations from a variety of land use projects. Air quality impacts were assessed according to methodologies recommended by CARB and the SCAQMD. Construction equipment, trucks, worker vehicles, and ground-disturbing activities associated with Project construction would generate emissions of criteria air pollutants and precursors. Daily regional construction emissions are estimated by assuming construction occurs at the earliest feasible date (i.e., a conservative estimate of construction activities) and applying off-road, fugitive dust, and on-road emissions factors in CalEEMod. Project operations would result in emissions of area sources (consumer products), energy sources (natural gas usage), and mobile sources (motor vehicles from Project generated vehicle Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 68 trips). Project-generated increases in operational emissions would be predominantly associated with motor vehicle use. The increase of traffic over existing conditions because of the Project was obtained from the Project’s Traffic Impact Analysis (TIA) prepared by Kimley-Horn (October 2021). Other operational emissions from area, energy, and stationary sources were quantified in CalEEMod based on land use activity data. a) Would the project conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact. As part of its enforcement responsibilities, the Environmental Protection Agency (EPA) requires each state with nonattainment areas to prepare and submit a State Implementation Plan that demonstrates the means to attain the federal standards. The State Implementation Plan must integrate federal, state, and local plan components and regulations to identify specific measures to reduce pollution in nonattainment areas, using a combination of performance standards and market-based programs. Similarly, under State law, the CCAA requires an air quality attainment plan to be prepared for areas designated as nonattainment regarding the state and federal ambient air quality standards. Air quality attainment plans outline emissions limits and control measures to achieve and maintain these standards by the earliest practical date. The Project is located within the SCAB, which is under the jurisdiction of the SCAQMD. The SCAQMD is required, pursuant to the FCAA, to reduce emissions of criteria pollutants for which the SCAB is in nonattainment. To reduce such emissions, the SCAQMD drafted the adopted 2016 AQMP. The 2016 AQMP establishes a program of rules and regulations directed at reducing air pollutant emissions and achieving state (California) and national air quality standards. The 2016 AQMP is a regional and multi-agency effort including the SCAQMD, CARB, SCAG, and EPA. The plan’s pollutant control strategies are based on the latest scientific and technical information and planning assumptions, including SCAG’s growth projections and RTP/SCS, updated emission inventory methodologies for various source categories, and SCAG’s latest growth forecasts. SCAG’s latest growth forecasts were defined in consultation with local governments and with reference to local general plans. The Project is subject to the SCAQMD’s AQMP. Criteria for determining consistency with the AQMP are defined by the following indicators: ▪ Consistency Criterion No. 1: The Project will not result in an increase in the frequency or severity of existing air quality violations, or cause or contribute to new violations, or delay the timely attainment of air quality standards or the interim emissions reductions specified in the AQMP. ▪ Consistency Criterion No. 2: The Project will not exceed the assumptions in the AQMP, or increments based on the years of the Project build-out phase. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 69 According to the SCAQMD’s CEQA Air Quality Handbook, the purpose of the consistency finding is to determine if a project is inconsistent with the assumptions and objectives of the regional air quality plans, and thus if it would interfere with the region’s ability to comply with CAAQS and NAAQS. The violations to which Consistency Criterion No. 1 refers are CAAQS and NAAQS. As shown in Table 8, Construction-Related Emissions and Table 9, Long-Term Operational Emissions below. The Project would not exceed the construction or operational standards; therefore, the Project would not contribute to an existing air quality violation. Thus, the Project would be consistent with the first criterion. Concerning Consistency Criterion No. 2, the AQMP contains air pollutant reduction strategies based on SCAG’s latest growth forecasts, and SCAG’s growth forecasts were defined in consultation with local governments and with reference to local general plans. The Project site has a General Plan land use designation of General Commercial (C-G) and is within the General Commercial (C-2) Zoning District. The Project is consistent with the City’s General Plan Land Use Designations and the Zoning Designations and would not require a General Plan Amendment (GPA) and/or a Zone Change. As such, the Project is consistent with SCAG’s latest growth forecasts. Thus, the Project is consistent with the second criterion. Therefore, impacts would be less than significant. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is non-attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact. Construction Emissions Construction associated with the Project would generate short-term emissions of criteria air pollutants. The criteria pollutants of primary concern within the Project area include O3-precursor pollutants (i.e., ROG and NOX) and PM10 and PM2.5. Construction-generated emissions are short term and of temporary duration, lasting only as long as construction activities occur, but would be considered a significant air quality impact if the volume of pollutants generated exceeds the SCAQMD’s thresholds of significance. Construction results in the temporary generation of emissions resulting from site grading, road paving, motor vehicle exhaust associated with construction equipment and worker trips, and the movement of construction equipment, especially on unpaved surfaces. Emissions of airborne particulate matter are largely dependent on the amount of ground disturbance associated with site preparation activities as well as weather conditions and the appropriate application of water. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 70 The duration of construction activities associated with the Project is estimated to last approximately 18 months. Construction-generated emissions associated the Project were calculated using the CARB-approved CalEEMod computer program, which is designed to model emissions for land use development projects, based on typical construction requirements. See Appendix A: Air Quality Modeling Data of the AQ Assessment for more information regarding the construction assumptions used in the AQ Assessment. Predicted maximum daily construction-generated emissions for the Project are summarized in Table 8, Construction-Related Emissions. Fugitive dust emissions may have a substantial, temporary impact on local air quality. In addition, fugitive dust may be a nuisance to those living and working in the Project vicinity. Uncontrolled dust from construction can become a nuisance and potential health hazard to those living and working nearby. SCAQMD Rules 402 and 403 (prohibition of nuisances, watering of inactive and perimeter areas, track out requirements, etc.), are applicable to the Project and were applied in CalEEMod to minimize fugitive dust emissions. Standard Condition (SC) AQ-1 requires the implementation of Rule 402 and 403 dust control techniques to minimize PM10 and PM2.5 concentrations. Table 8: Construction-Related Emissions Construction Year Pollutant (Maximum Pounds per Day) Reactive Organic Gases (ROG) Nitrogen Oxide (NOx) Carbon Monoxide (CO) Sulfur Dioxide (SO2) Coarse Particulate Matter (PM10) Fine Particulate Matter (PM2.5) 2022 4.29 33.13 41.99 0.09 9.47 5.47 2023 28.34 17.92 25.78 0.06 3.52 1.45 SCAQMD Threshold 75 100 550 150 55 150 Exceed SCAQMD Threshold? No No No No No No Notes: SCAQMD Rule 403 Fugitive Dust applied. The Rule 403 reduction/credits include the following: properly maintain mobile and other construction equipment; replace ground cover in disturbed areas quickly; water exposed surfaces three times daily; cover stockpiles with tarps; water all haul roads twice daily; and limit speeds on unpaved roads to 15 miles per hour. Reductions percentages from the SCAQMD CEQA Handbook (Tables XI-A through XI-E) were applied. No mitigation was applied to construction equipment. Refer to Appendix A for Model Data Outputs. Source: CalEEMod version 2016.3.2. Refer to Appendix A of AQ Assessment for model outputs. As shown in Table 8 above, all criteria pollutant emissions would remain below their respective thresholds. While impacts would be considered less than significant, the Project would be subject to SCAQMD Rules 402 and 403, described in SC AQ-1. The proposed Project construction emissions would not worsen ambient air quality, create additional violations of federal and State standards, or delay SCAB’s goal for meeting attainment standards. Operational Emissions Project-generated emissions would be primarily associated with motor vehicle use and area sources, such as the use of landscape maintenance equipment and architectural Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 71 coatings. Long-term operational emissions attributable to the Project are summarized in Table 9, Long-Term Operational Emissions. Each of these sources are described below. ▪ Area Source Emissions. Area source emissions would be generated due to consumer products (e.g., fertilizers/pesticides, detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints, etc.), architectural coating, and gasoline- powered landscaping equipment that were previously not present on the site. ▪ Energy Source Emissions. Energy source emissions would be generated due to electricity and natural gas usage associated with the Project. Primary uses of electricity and natural gas by the Project would be for space heating and cooling, water heating, ventilation, lighting, appliances, and electronics. ▪ Mobile Source. Mobile sources are emissions from motor vehicles, including tailpipe and evaporative emissions. Depending upon the pollutant being discussed, the potential air quality impact may be of either regional or local concern. For example, ROG, NOX, PM10, and PM2.5 are all pollutants of regional concern. NOX and ROG react with sunlight to form O3, known as photochemical smog. Additionally, wind currents readily transport PM10 and PM2.5. However, CO tends to be a localized pollutant, dispersing rapidly at the source. ▪ Project-generated vehicle emissions are based on the trip generation within the Project Traffic Impact Analysis and incorporated into CalEEMod as recommended by the SCAQMD. Per the TIA, the Project would generate 4,924 daily vehicle trips. Table 9: Long-Term Operational Emissions Source Pollutant (Maximum Pounds per Day) Reactive Organic Gases (ROG) Nitrogen Oxide (NOx) Carbon Monoxide (CO) Sulfur Dioxide (SO2) Coarse Particulate Matter (PM10) Fine Particulate Matter (PM2.5) Unmitigated Area Source Emissions 4.40 <0.01 0.05 0.00 <0.01 <0.01 Energy Emissions 0.61 5.52 4.63 0.03 0.42 0.42 Mobile Emissions 13.79 7.23 81.45 0.67 14.49 4.85 Total Emissions 18.79 12.75 86.13 0.70 14.92 5.27 SCAQMD Threshold 55 55 550 150 150 55 Exceeds Threshold? No No No No No No With GHG Mitigation Area Source Emissions 4.40 <0.01 0.05 0.00 <0.01 <0.01 Energy Emissions 0.49 4.44 3.73 0.03 0.34 0.34 Mobile Emissions 13.58 6.57 72.39 0.55 11.81 3.96 Total Emissions 18.47 11.01 76.17 0.58 12.15 4.30 SCAQMD Threshold 55 55 550 150 150 55 Exceeds Threshold? No No No No No No Source: CalEEMod version 2016.3.2. Refer to Appendix A of AQ Assessment for model outputs. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 72 As shown in Table 9, unmitigated operational emissions would remain below the SCAQMD criteria pollutant thresholds. Although mitigation is not required to reduce pollutants below SCAQMD criteria pollutant thresholds, mitigation is required to reduce greenhouse gas (GHG) emissions below City thresholds. Table 9 includes air quality improvements resulting from GHG mitigation for informational purposes only. All criteria pollutant emissions would remain below their respective thresholds during Project operations. Therefore, the Project would result in a less than significant impact. Cumulative Short-Term Emissions The SCAB is designated nonattainment for O3, PM10, and PM2.5 for State standards and nonattainment for O3 and PM2.5 for Federal standards. Appendix D of the SCAQMD White Paper on Potential Control Strategies to Address Cumulative Impacts from Air Pollution (2003) notes that projects that result in emissions that do not exceed the project specific SCAQMD regional thresholds of significance should result in a less than significant impact on a cumulative basis unless there is other pertinent information to the contrary. The mass-based regional significance thresholds published by the SCAQMD are designed to ensure compliance with both NAAQS and CAAQS and are based on an inventory of projected emissions in the SCAB. Therefore, if a project is estimated to result in emissions that do not exceed the thresholds, the project’s contribution to the cumulative impact on air quality in the SCAB would not be cumulatively considerable. As shown in Table 8, Project construction-related emissions by themselves would not exceed the SCAQMD significance thresholds for criteria pollutants. Therefore, the proposed Project would not generate a cumulatively considerable contribution to air pollutant emissions during construction. The SCAQMD has developed strategies to reduce criteria pollutant emissions outlined in the AQMP pursuant to the FCAA mandates. The analysis assumed fugitive dust controls would be utilized during construction, including frequent water applications. SCAQMD rules, mandates, and compliance with adopted AQMP emissions control measures would also be imposed on construction projects throughout the SCAB, which would include related projects. Compliance with SCAQMD rules and regulations would further reduce the Project construction-related impacts. Therefore, Project-related construction emissions, combined with those from other projects in the area, would not substantially deteriorate local air quality. Construction emissions associated with the Project would not result in a cumulatively considerable contribution to significant cumulative air quality impacts. Cumulative Long-Term Impacts The SCAQMD has not established separate significance thresholds for cumulative operational emissions. The nature of air emissions is largely a cumulative impact. As a result, no single project is sufficient in size to, by itself, result in nonattainment of ambient air quality standards. Instead, individual project emissions contribute to existing cumulatively significant adverse air quality impacts. The SCAQMD developed the operational thresholds of significance based on the level above which individual project Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 73 emissions would result in a cumulatively considerable contribution to the SCAB’s existing air quality conditions. Therefore, a project that exceeds the SCAQMD operational thresholds would also be a cumulatively considerable contribution to a significant cumulative impact. As shown in Table 9 above, the Project operational emissions would not exceed SCAQMD thresholds. As a result, operational emissions associated with the Project would not result in a cumulatively considerable contribution to significant cumulative air quality impacts. Additionally, adherence to SCAQMD rules and regulations would alleviate potential impacts related to cumulative conditions on a project-by-project basis. Project operations would not contribute a cumulatively considerable net increase of any nonattainment criteria pollutant. Standard Conditions: SC AQ-1 Prior to the issuance of grading permits, the Building Official shall confirm that the Grading Plan, Building Plans and Specifications require all construction contractors to comply with SCAQMD’s Rules 402 and 403 to minimize construction emissions of dust and particulates. The measures include, but are not limited to, the following: • Portions of a construction site to remain inactive longer than a period of three months will be seeded and watered until grass cover is grown or otherwise stabilized. • All on-site roads will be paved as soon as feasible or watered periodically or chemically stabilized. • All material transported off-site will be either sufficiently watered or securely covered to prevent excessive amounts of dust. • The area disturbed by clearing, grading, earthmoving, or excavation operations will be minimized at all times. • Where vehicles leave a construction site and enter adjacent public streets, the streets will be swept daily or washed down at the end of the workday to remove soil tracked onto the paved surface. Level of Significance: Less than significant impact c) Would the project expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact. Localized Construction Significance Analysis The nearest sensitive receptors are the single-family residences located 105 feet (32 meters) to the south of the Project on the opposite side of South Highland Avenue. To identify impacts to sensitive receptors, the SCAQMD recommends addressing LSTs for Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 74 construction. LSTs were developed in response to SCAQMD Governing Boards' Environmental Justice Enhancement Initiative (I-4). The SCAQMD provided the Final Localized Significance Threshold Methodology (dated June 2003 [revised 2008]) for guidance. The LST methodology assists lead agencies in analyzing localized impacts associated with Project-specific emissions. Since CalEEMod calculates construction emissions based on the number of equipment hours and the maximum daily soil disturbance activity possible for each piece of equipment, Table 10, Equipment-Specific Grading Rates, is used to determine the maximum daily disturbed acreage for comparison to LSTs. The appropriate SRA for the localized significance thresholds is the Central San Bernardino Valley (SRA 34) since this area includes the Project. LSTs apply to CO, NO2, PM10, and PM2.5. The SCAQMD produced look-up tables for projects that disturb areas less than or equal to 5 acres in size. Project construction is anticipated to disturb a maximum of 3.5 acres in a single day. As the LST guidance provides thresholds for projects disturbing 1-, 2-, and 5-acres in size and the thresholds increase with size of the site, the LSTs for a 3.5-acre threshold for were interpolated and utilized for this analysis. Table 10: Equipment-Specific Grading Rates Construction Phase Equipment Type Equipment Quantity Acres Graded per 8-Hour Day Operating Hours per Day Acres Graded per Day Site Preparation Tractors 4 0.5 8 2.0 Dozers 3 0.5 8 1.5 Total Acres Graded per Day 3.5 Source: CalEEMod version 2020.4.0. Refer to Appendix A for model outputs. The SCAQMD’s methodology states that “off-site mobile emissions from the Project should not be included in the emissions compared to LSTs.” Therefore, only emissions included in the CalEEMod “on-site” emissions outputs were considered. The nearest sensitive receptors are the single-family residences located 105 feet (32 meters) south of the Project. LST thresholds are provided for distances to sensitive receptors of 25, 50, 100, 200, and 500 meters. Therefore, LSTs for receptors have been conservatively interpolated for a distance of 30 meters and utilized in this analysis. Table 11, Localized Significance of Construction Emissions, shows the results of localized emissions during construction. This table represents the worst-case scenario and are based on peak earthwork volumes anticipated. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 75 Table 11: Localized Significance of Construction Emissions Construction Activity Emissions (Maximum Pounds Per Day) Nitrogen Oxide (NOx) Carbon Monoxide (CO) Coarse Particulate Matter (PM10) Fine Particulate Matter (PM2.5) Demolition (2022) 25.72 20.59 3.43 1.49 Site Preparation (2022) 33.08 19.70 9.28 5.42 Grading (2022) 20.86 15.27 3.70 2.20 Building Construction (2022) 15.62 16.36 0.81 0.76 Building Construction (2023) 14.38 16.24 0.70 0.66 Paving (2023) 11.12 14.58 0.57 0.52 Architectural Coating (2023) 1.30 1.81 0.07 0.07 SCAQMD Localized Screening Threshold (adjusted for 3.5 acres at 30 meters) 226 1,473 15 6 Exceed SCAQMD Threshold? No No No No Source: CalEEMod version 2016.3.2. Refer to Appendix A for model outputs. Table 11 above shows that the maximum daily emissions of pollutants during each phase of construction would not result in significant concentrations of pollutants at nearby sensitive receptors. Significant impacts would not occur concerning LSTs during construction. Localized Operational Significance Analysis Interpolated LSTs for receptors located at 30 meters for SRA 34 were used in this analysis. The project site is approximately 8.7 acres, the 5-acre threshold was conservatively used for evaluation of operational emissions. As noted above, the LSTs increase as site acreage increases. Therefore, the 5-acre LSTs are conservative for evaluation of an 8.7-acre site. The on-site operational emissions are compared to the LST thresholds in Table 12, Localized Significance of Operational Emissions. Table 12 shows that the maximum daily emissions of these pollutants during Project operations would not result in significant concentrations of pollutants at nearby sensitive receptors. Therefore, the Project would result in a less than significant impact concerning LSTs during operational activities. Table 12: Localized Significance of Operational Emissions Activity Emissions (Maximum Pounds Per Day) Nitrogen Oxide (NOx) Carbon Monoxide (CO) Coarse Particulate Matter (PM10) Fine Particulate Matter (PM2.5) On-Site and Mobile Source Emissions 5.52 4.68 0.42 0.42 SCAQMD Localized Screening Threshold (5 acres at 30 meters) 276 1,876 5 2 Exceed SCAQMD Threshold? No No No No Source: CalEEMod version 2020.4.0. Refer to Appendix A for model outputs. Criteria Pollutant Health Impacts On December 24, 2018, the California Supreme Court issued an opinion identifying the need to provide sufficient information connecting a project’s air emissions to health impacts or explain why such information could not be ascertained (Sierra Club v. County of Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 76 Fresno [Friant Ranch, L.P.] [2018] Cal.5th, Case No. S219783). As noted above, the Project’s operational emissions would not exceed the SCAQMD’s significance thresholds, resulting in less than significant long-term air quality impacts. NOX and ROG are precursor emissions that form ozone in the atmosphere in the presence of sunlight where the pollutants undergo complex chemical reactions. It takes time and the influence of meteorological conditions for these reactions to occur, so ozone may be formed at a distance downwind from the sources. Breathing ground-level ozone can result health effects that include reduced lung function, inflammation of airways, throat irritation, pain, burning, or discomfort in the chest when taking a deep breath, chest tightness, wheezing, or shortness of breath. In addition to these effects, evidence from observational studies strongly indicates that higher daily ozone concentrations are associated with increased asthma attacks, increased hospital admissions, increased daily mortality, and other markers of morbidity. The consistency and coherence of the evidence for effects upon asthmatics suggests that ozone can make asthma symptoms worse and can increase sensitivity to asthma triggers. According the SCAQMD’s 2016 AQMP, ozone, NOX, and ROG have been decreasing in the Basin since 1975 and are projected to continue to decrease in the future. Although vehicle miles traveled in the Basin continue to increase, NOX and ROG levels are decreasing because of the mandated controls on motor vehicles and the replacement of older polluting vehicles with lower-emitting vehicles. NOX emissions from electric utilities have also decreased due to the use of cleaner fuels and renewable energy. The 2016 AQMP demonstrates how the SCAQMD’s control strategy to meet the 8-hour ozone standard in 2023 would lead to sufficient NOX emission reductions to attain the 1-hour ozone standard by 2022. In addition, since NOX emissions also lead to the formation of PM2.5, the NOX reductions needed to meet the ozone standards will likewise lead to improvement of PM2.5 levels and attainment of PM2.5 standards. The SCAQMD’s air quality modeling demonstrates that NOX reductions prove to be much more effective in reducing ozone levels and will also lead to significant improvement in PM2.5 concentrations. NOX-emitting stationary sources regulated by the SCAQMD include Regional Clean Air Incentives Market (RECLAIM) facilities (e.g., refineries, power plants, etc.), natural gas combustion equipment (e.g., boilers, heaters, engines, burners, flares) and other combustion sources that burn wood or propane. The 2016 AQMP identifies robust NOX reductions from new regulations on RECLAIM facilities, non-refinery flares, commercial cooking, and residential and commercial appliances. Such combustion sources are already heavily regulated with the lowest NOX emissions levels achievable but there are opportunities to require and accelerate replacement with cleaner zero-emission alternatives, such as residential and commercial furnaces, pool heaters, and backup power equipment. The AQMD plans to achieve such replacements through a combination of regulations and incentives. Technology-forcing regulations can drive development and Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 77 commercialization of clean technologies, with future year requirements for new or existing equipment. Incentives can then accelerate deployment and enhance public acceptability of new technologies. The 2016 AQMD also emphasizes that beginning in 2012, continued implementation of previously adopted regulations will lead to NOX emission reductions of 68 percent by 2023 and 80 percent by 2031. With the addition of 2016 AQMP proposed regulatory measures, a 30 percent reduction of NOX from stationary sources is expected in the 15-year period between 2008 and 2023. This is in addition to significant NOX reductions from stationary sources achieved in the decades prior to 2008. As previously discussed, localized effects of on-site Project emissions on nearby receptors were found to be less than significant (refer to Table 11 and Table 12). The LSTs represent the maximum emissions from a project that are not expected to cause or contribute to an exceedance of the most stringent applicable state or federal ambient air quality standard. The LSTs were developed by the SCAQMD based on the ambient concentrations of that pollutant for each SRA and distance to the nearest sensitive receptor. The ambient air quality standards establish the levels of air quality necessary, with an adequate margin of safety, to protect public health, including protecting the health of sensitive populations such as asthmatics, children, and the elderly. However, as discussed above, neither the SCAQMD nor any other air district currently have methodologies that would provide Lead Agencies and CEQA practitioners with a consistent, reliable, and meaningful analysis to correlate specific health impacts that may result from a proposed project’s mass emissions. Information on health impacts related to exposure to ozone and particulate matter emissions published by the U.S. EPA and CARB have been summarized above and discussed in the Regulatory Framework section. Health studies are used by these agencies to set the NAAQS and CAAQS. Carbon Monoxide Hotspots An analysis of CO “hot spots” is needed to determine whether the change in the level of service of an intersection resulting from the Project would have the potential to result in exceedances of the CAAQS or NAAQS. It has long been recognized that CO exceedances are caused by vehicular emissions, primarily when vehicles are idling at intersections. Vehicle emissions standards have become increasingly stringent in the last 20 years. Currently, the CO standard in California is a maximum of 3.4 grams per mile for passenger cars (requirements for certain vehicles are more stringent). With the turnover of older vehicles, introduction of cleaner fuels, and implementation of control technology on industrial facilities, CO concentrations have steadily declined. Accordingly, with the steadily decreasing CO emissions from vehicles, even very busy intersections do not result in exceedances of the CO standard. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 78 The South Coast Air Basin (SCAB) was re-designated as attainment for CO in 2007 and is no longer addressed in the SCAQMD’s AQMP. The 2003 AQMP is the most recent version that addresses CO concentrations. As part of the SCAQMD CO Hotspot Analysis, the Wilshire Boulevard/Veteran Avenue intersection, one of the most congested intersections in Southern California with an average daily traffic (ADT) volume of approximately 100,000 vehicles per day, was modeled for CO concentrations. This modeling effort identified a CO concentration high of 4.6 ppm, which is well below the 35-ppm Federal standard. Based on data within the Project Traffic Impact Analysis, the surrounding roadways would have maximum ADT volume of 44,541 during the horizon year plus Project scenario. Therefore, the Project would not produce the volume of traffic required to generate a CO hot spot in the context of SCAQMD’s CO Hotspot Analysis. As the CO hotspots were not experienced at the Wilshire Boulevard/Veteran Avenue intersection even as it accommodates 100,000 vehicles daily, it can be reasonably inferred that CO hotspots would not be experienced at any vicinity intersections resulting from 4,924 additional vehicle trips attributable to the Project. Therefore, the Project would not result in a CO hotspot and impacts would be less than significant. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. d) Would the project result in other emissions (such as those leading to odors adversely affecting a substantial number of people)? Less Than Significant Impact. Construction Odors that could be generated by construction activities are required to follow SCAQMD Rule 402 to prevent odor nuisances on sensitive land uses. SCAQMD Rule 402, Nuisance, states: A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health, or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. During construction-related activities, some odors (not substantial pollutant concentrations) that may be detected are those typical of construction vehicles (e.g., diesel exhaust from grading and construction equipment). These odors are a temporary short-term impact that is typical of construction projects, are not expected to affect a substantial number of people and would disperse rapidly. Furthermore, odors that could be generated by construction activities are required to follow SCAQMD Rule 402 (Nuisance) to prevent odor nuisances on sensitive land uses. Therefore, impacts related to Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 79 odors associated with the Project’s construction-related activities would be less than significant. Operations The SCAQMD CEQA Air Quality Handbook identifies certain land uses as sources of odors. These land uses include agriculture (farming and livestock), wastewater treatment plants, food processing plants, chemical plants, composting facilities, refineries, landfills, dairies, and fiberglass molding. The Project would not include any of the land uses that have been identified by the SCAQMD as odor sources. Therefore, the proposed Project would not create objectionable odors. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. Cumulative Impacts The cumulative setting for air quality includes the City of Fontana and SCAB. SCAB is designated as a nonattainment area for State standards of ozone, PM10, and PM2.5. The SCAB is designated as a nonattainment area for federal standards of ozone and PM2.5, attainment, and serious maintenance for federal PM10 standards, and is designated as unclassified or attainment for all other pollutants. Cumulative growth in population and vehicle use could inhibit efforts to improve regional air quality and attain the ambient air quality standards. The SCAQMD’s approach to assessing cumulative impacts is based on the AQMP forecasts of attainment of ambient air quality standards in accordance with requirements of the FCAA and CCAA. As discussed above, the proposed Project would be consistent with the AQMP, which is intended to bring SCAB into attainment for all criteria pollutants. Since the Project’s estimated construction and operational emissions would not exceed the applicable SCAQMD daily significance thresholds that are designed to assist the region in attaining both NAAQS and CAAQS, cumulative impacts would be less than significant. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 80 BIOLOGICAL RESOURCES ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 4. BIOLOGICAL RESOURCES. Would the project: a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? X c) Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological X d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X A Habitat Assessment (HA) was prepared for the proposed Project by ELMT Consulting (ELMT) on May 4, 2021. The report is summarized below and is included as Appendix B, of this Initial Study/Mitigated Negative Declaration. Methodology A literature review and records search were conducted to determine which special-status biological resources have the potential to occur on or within the general vicinity of the Project Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 81 site. In addition to the literature review, a general habitat assessment or field investigation of the Project site was conducted to document existing conditions and assess the potential for special- status biological resources to occur within the Project site. Literature Review Prior to conducting the field investigation, a literature review and records search was conducted for special-status biological resources potentially occurring on or within the vicinity of the Project site. Previously recorded occurrences of special-status plant and wildlife species and their proximity to the Project site were determined through a query of the CDFW’s QuickView Tool in the Biogeographic Information and Observation System (BIOS), CNDDB Rarefind 5, the California Native Plant Society’s (CNPS) Electronic Inventory of Rare and Endangered Vascular Plants of California, Calflora Database, compendia of special-status species published by CDFW, and the United States Fish and Wildlife Service (USFWS) species listings. All available reports, survey results, and literature detailing the biological resources previously observed on or within the vicinity of the Project site were reviewed to understand existing site conditions and note the extent of any disturbances that have occurred within the Project site that would otherwise limit the distribution of special-status biological resources. Standard field guides and texts were reviewed for specific habitat requirements of special-status and non- special-status biological resources, as well as the following resources: • Google Earth Pro historic aerial imagery (1985-2020). • United States Department of Agriculture (USDA) Natural Resource Conservation Service (NRCS), Soil Survey8; • USFWS Critical Habitat designations for Threatened and Endangered Species; and • USFWS Endangered Species Profiles. The literature review provided a baseline from which to inventory the biological resources potentially occurring within the project site. The CNDDB database was used, in conjunction with ArcGIS software, to locate the nearest recorded occurrences of special-status species and determine the distance from the project site. Habitat Assessment/Field Investigation Following the literature review, biologists Travis J. McGill and Jacob H. Lloyd Davies inventoried and evaluated the condition of the habitat within the project on April 4, 2021. Plant communities and land cover types identified on aerial photographs during the literature review were verified by walking meandering transects throughout the project site. In addition, aerial photography was reviewed prior to the site investigation to locate potential natural corridors and linkages that may support the movement of wildlife through the area. These areas identified on aerial photography were then walked during the field investigation. 8 A soil series is defined as a group of soils with similar profiles developed from similar parent materials under comparable climatic and vegetation conditions. These profiles include major horizons with similar thickness, arrangement, and other important characteristics, which may promote favorable conditions for certain biological resources. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 82 Results Soil Series Assessment On-site and adjoining soils were researched prior to the field investigation using the USDA NRCS Soil Survey for San Bernardino County, California. In addition, a review of the local geological conditions and historical aerial photographs was conducted to assess the ecological changes that the project site has undergone. Plant Communities Plant communities were mapped using 7.5-minute USGS topographic base maps and aerial photography. The plant communities were classified in accordance with Sawyer, Keeler-Wolf and Evens (2009), delineated on an aerial photograph, and then digitized into GIS ArcView. The ArcView application was used to compute the area of each plant community and/or land cover type in acres. Plants Common plant species observed during the field investigation were identified by visual characteristics and morphology in the field and recorded in a field notebook. Unusual and less- familiar plants were photographed in the field and identified in the laboratory using taxonomic guides. Taxonomic nomenclature used in this study follows the 2012 Jepson Manual (Hickman 2012). In this report, scientific names are provided immediately following common names of plant species (first reference only). Wildlife Wildlife species detected during the field investigation by sight, calls, tracks, scat, or other sign were recorded during surveys in a field notebook. Field guides used to assist with identification of wildlife species during the survey included The Sibley Field Guide to the Birds of Western North America (Sibley 2003), A Field Guide to Western Reptiles and Amphibians (Stebbins 2003), and A Field Guide to Mammals of North America (Reid 2006). Although common names of wildlife species are well standardized, scientific names are provided immediately following common names in this report (first reference only). Topography and Soils The Project site is located at an approximate elevation of 1,500 feet above mean sea level with no areas of topographic relief. There are a few elevated areas (mounds) onsite from soil/material stockpiling. Based on the NRCS USDA Web Soil Survey, the Project site is historically underlain by Soboba gravelly loamy sand (0 to 9 percent slopes). Soils on-site have been mechanically disturbed and compacted from historic agricultural activities, stockpiling activities, and on-site and surrounding development. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 83 Vegetation Due to historic and existing land uses, no native plant communities or natural communities of special concern were observed on or adjacent to the Project site. The Project site consists of a mixture of developed and undeveloped land that was historically used for agricultural purposes, supported housing developments, and/or has undergone routine weed abatement. These disturbances have eliminated the natural plant communities that once occurred on and surrounding the Project site. The Project site consists of one (1) vegetation community, non- native grassland, and two (2) land cover types that would be classified as disturbed and developed. Non-Native Grassland The non-native grassland community is dominated by non-native grasses such as ripgut brome (Bromus diandrus), wild oat (Avena fatua), and long beaked filaree (Erodium botrys) and other weedy/early successional species. Other plant species observed in the non-native grassland community include Spanish lotus (Acmispon americanus), puncture vine (Tribulus terrestris), tumbling pigweed (Amaranthus albus), western ragweed (Ambrosia psilostachya), doveweed (Croton capitatus), sun cups (Camissoniopsis bistorta), tacolote (Centaurea melitensis), Jimson weed (Datura stramonium), fiddleneck (Amsinckia sp.), and common cryptantha (Cryptantha intermedia). This plant community is found on the southern half of the Project site that historically supported residential developments. Disturbed Disturbed land occurs in the northern half of the project site. These areas have been subject to a routine soil/material stockpiling activities, which continue to persist onsite. These areas support minimal non-native/ruderal plant species. Developed The northwest boundary of the Project site supports developed land in the form of an existing asphalt road, and on the southeast corner of the site in the form of a concrete walkway. Wildlife Plant communities provide foraging habitat, nesting/denning sites, and shelter from adverse weather or predation. This section provides a discussion of those wildlife species that were observed or are expected to occur within the project site. The discussion is to be used a general reference and is limited by the season, time of day, and weather conditions in which the field investigation was conducted. Wildlife detections were based on calls, songs, scat, tracks, burrows, and direct observation. The project site provides limited habitat for wildlife species except those adapted to a high degree of anthropogenic disturbances and development. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 84 Fish No fish or hydrogeomorphic features (e.g., creeks, ponds, lakes, reservoirs) with frequent sources of water that would support populations of fish were observed on or within the vicinity of the Project site. Therefore, no fish are expected to occur and are presumed absent from the Project site. Amphibians No amphibians or hydrogeomorphic features (e.g., creeks, ponds, lakes, reservoirs) with frequent sources of water that would support populations of amphibians were observed on or within the vicinity of the Project site. Therefore, no amphibians are expected to occur and are presumed absent from the Project site. Reptiles The Project site provides marginal foraging and cover habitat for a limited variety of reptile species adapted to a high degree of anthropogenic disturbance. The only reptile species observed during the field investigation was western side-blotched lizard (Uta stansburiana elegans). Common reptilian species adapted to a high degree of human disturbance that could potentially occur on-site include and great basin fence lizard (Sceloporus occidentalis longipes) and San Diego alligator lizard (Elgaria multicarinata webbii). Birds The Project site provides suitable foraging and nesting habitat for a variety of bird species adapted to a high degree of anthropogenic disturbance. Bird species detected during the field investigation include northern mockingbird (Mimus polyglottos), Say’s phoebe (Sayornis saya), house finch (Haemorhouse mexicanus), lesser goldfinch (Spinus psaltria), Cassin’s kingbird (Tyrannus vociferans), bushtit (Psaltriparus minimus), mourning dove (Zenaida macroura), rock pigeon (Columbia liva), and western meadowlark (Sturnella neglecta). Mammals The Project site provides marginal foraging and cover habitat for a mammalian species adapted to a high degree of anthropogenic disturbance. The only mammalian species detected during the field investigation was desert cottontail (Sylvilagus audubonii). Common mammalian species adapted to a high degree of human disturbance that could potentially occur on-site include opossum California ground squirrel (Otospermophilus beecheyi), opossum (Didelphis virginiana), and raccoon (Procyon lotor). Nesting Birds No active nests or birds displaying nesting behavior were observed during the field survey, which was conducted during breeding season. Although subjected to routine disturbance, the ornamental vegetation found on-site has the potential to provide suitable nesting habitat for Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 85 year-round and seasonal avian residents, as well as migrating songbirds that could occur in the area that area adapted to urban environments. (Charadrius vociferans). No raptors are expected to nest on-site due to lack of suitable nesting opportunities. Nesting birds are protected pursuant to the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (Sections 3503, 3503.5, 3511, and 3513 prohibit the take, possession, or destruction of birds, their nests, or eggs). If construction occurs between February 1st and August 31st, a pre-construction clearance survey for nesting birds shall be conducted within three (3) days of the start of any vegetation removal or ground disturbing activities to ensure that no nesting birds will be disturbed during construction. Migratory Corridors and Linkages Habitat linkages provide connections between larger habitat areas that are separated by development. Wildlife corridors are similar to linkages but provide specific opportunities for animals to disperse or migrate between areas. A corridor can be defined as a linear landscape feature of sufficient width to allow animal movement between two comparatively undisturbed habitat fragments. Adequate cover is essential for a corridor to function as a wildlife movement area. It is possible for a habitat corridor to be adequate for one species yet still inadequate for others. Wildlife corridors are features that allow for the dispersal, seasonal migration, breeding, and foraging of a variety of wildlife species. Additionally, open space can provide a buffer against both human disturbance and natural fluctuations in resources. According to the San Bernardino County General Plan, the project site has not been identified as occurring within a Wildlife Corridor or Linkage. As designated by the San Bernardino County General Plan Open Space Element, major open space areas documented in the vicinity of the project site include the Lytle Creek Wash, located approximately 3.4 miles to the northeast. The proposed project will be confined to existing areas that have been heavily disturbed and are isolated from regional wildlife corridors and linkages. In addition, there are no riparian corridors, creeks, or useful patches of steppingstone habitat (natural areas) within or connecting the site to a recognized wildlife corridor or linkage. As such, implementation of the proposed project is not expected to impact wildlife movement opportunities. Therefore, impacts to wildlife corridors or linkages are not expected to occur. Special-Status Biological Resources The CNDDB Rarefind 5 and the CNPS Electronic Inventory of Rare and Endangered Vascular Plants of California were queried for reported locations of special-status plant and wildlife species as well as special-status natural plant communities in the Devore USGS 7.5-minute quadrangle. Only one quadrangle was queried since the project site is surrounded by existing development and does not connect with any natural areas or native plant communities in the region. The habitat assessment evaluated the conditions of the habitat(s) within the boundaries of the project site Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 86 to determine if the existing plant communities, at the time of the survey, have the potential to provide suitable habitat(s) for special-status plant and wildlife species. The literature search identified twenty (20) special-status plant species, forty-one (41) special- status wildlife species, and three (3) special-status plant communities as having potential to occur within the Devore USGS 7.5-minute quadrangle. Special-status plant and wildlife species were evaluated for their potential to occur within the project site based on habitat requirements, availability, and quality of suitable habitat, and known distributions. Species determined to have the potential to occur within the general vicinity of the project site is presented in Attachment D: Potentially Occurring Special-Status Biological Resources. Special-Status Plants According to the CNDDB and CNPS, twenty (20) special-status plant species have been recorded in the Devore quadrangle (refer to Attachment D). No special-status plant species were observed on-site during the habitat assessment. Most of the project site has been subject to anthropogenic disturbances from historic agricultural activities, soil/material stockpiling, and surrounding development. These disturbances have reduced the suitability of the habitat to support special- status plant species known to occur in the general vicinity of the project site. Based on habitat requirements for specific special-status plant species and the availability and quality of habitats needed by each species, it was determined that the project site does not provide suitable habitat for any of the special-status plant species known to occur in the area and are presumed to be absent from the project site. No focused surveys are recommended. Special-Status Wildlife According to the CNDDB, forty-one (41) special-status wildlife species have been reported in the Devore quadrangle (refer to Attachment D). No special-status wildlife species were observed onsite during the habitat assessment. The project site consists of vacant, undeveloped land that has been subject to a variety of anthropogenic disturbances and is surrounded by existing development. These disturbances have eliminated the natural plant communities that once occurred onsite which has reduced potential foraging and nesting/denning opportunities for wildlife species. Based on habitat requirements for specific species and the availability and quality of onsite habitats, it was determined that the proposed project site has a low potential to provide suitable habitat for Cooper’s hawk (Accipiter cooperii), burrowing owl, California horned lark (Eremophila alpestric actia), prairie falcon (Falco mexicanus), and loggerhead shrike (Lanius ludovicianus). Further it was determined that the project site does not provide suitable habitat for any of the other special-status wildlife species known to occur in the area since the project site have been heavily disturbed from onsite disturbances and surrounding development. None of the species are federally or state listed as endangered or threatened. To ensure impacts to the species do not occur from implementation of the proposed project, a pre-construction Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 87 nesting bird clearance survey shall be conducted prior to ground disturbance. With implementation of the pre-construction nesting bird clearance survey, impacts to the species will be less than significant and no mitigation will be required. Based on regional significance, the potential occurrence of burrowing owl and San Bernardino kangaroo rat within the project site is described below. Burrowing Owl The burrowing owl is currently listed as a California Species of Special Concern. It is a grassland specialist distributed throughout western North America where it occupies open areas with short vegetation and bare ground within shrub, desert, and grassland environments. Burrowing owls use a wide variety of arid and semi-arid environments with well-drained, level to gently sloping areas characterized by sparse vegetation and bare ground (Haug and Didiuk 1993; Dechant et al. 1999). Burrowing owls are dependent upon the presence of burrowing mammals (such as ground squirrels) whose burrows are used for roosting and nesting (Haug and Didiuk 1993). The presence or absence of colonial mammal burrows is often a major factor that limits the presence or absence of burrowing owls. Where mammal burrows are scarce, burrowing owls have been found occupying man-made cavities, such as buried and non-functioning drainpipes, stand-pipes, and dry culverts. Burrowing mammals may burrow beneath rocks and debris or large, heavy objects such as abandoned cars, concrete blocks, or concrete pads. They also require open vegetation allowing line-of-sight observation of the surrounding habitat to forage as well as watch for predators. The project site is unvegetated and/or vegetated with a variety of low-growing plant species that allow for line-of-sight observation favored by burrowing owls. However, no burrowing owls or recent sign (i.e., pellets, feathers, castings, or whitewash) was observed during the field investigation. Further, no suitable burrows (>4 inches) were observed during the field investigation. In addition, tall fences, powerlines, and ornamental trees surround the project site, which decreases the likelihood that burrowing owls would occur on the project site as these features provide perching opportunities for larger raptor species (i.e., red-tailed hawk [Buteo jamaicensis]) that prey on burrowing owls. Based on the results of the field investigation, it was determined that the project site has a low potential to provide suitable habitat for burrowing owls and focused surveys are not recommended. However, a pre-construction burrowing owl clearance survey shall be conducted prior to development to ensure burrowing owl remain absent from the project site. San Bernardino Kangaroo Rat The San Bernardino kangaroo rat, federally and State listed as endangered, is one of several kangaroo rat species in its range know to occur in the area. San Bernardino kangaroo rat historically ranged from the San Bernardino Valley in San Bernardino County to southwest Perris, Bautista Canyon, and Murrieta Hot Springs in Riverside County, with at least 25 separate localities Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 88 identified. Currently, populations of the San Bernardino kangaroo rat are limited to seven widely separated locations in San Bernardino and Riverside Counties, four of which (City Creek, Etiwanda, Reche Canyon, and South Bloomington) support only small, remnant populations. The Santa Ana River, Lytle and Cajon washes, and the San Jacinto River support the largest extant concentrations of San Bernardino kangaroo rat and the largest areas of habitat for this species (approximately 3,200 acres total) (USFWS 2009). San Bernardino kangaroo rat is found primarily on sandy and loamy sand substrates, where they can readily excavate simple, shallow burrows. This is almost exclusively associated with Riversidean alluvial fan sage scrub (RAFSS) habitats, a relatively uncommon desert-influenced plant community in southern California that develops on alluvial fans and floodplains subjected to scouring and deposition (USFWS 2009). Adjacent upland habitat provide refuge for San Bernardino kangaroo rat during flood events. Animals occupying this refugia habitat are able to repopulate core habitat areas within the floodplain following major flood events. Most of the drainages have been historically altered as a result of flood control efforts and the resulting increased use of river resources, including mining, off-road vehicle use and road and housing development. This increased use of river resources has resulted in a reduction in both the amount and quality of habitat available for the San Bernardino kangaroo rat. The past habitat losses and potential future losses prompted the emergency listing of the San Bernardino kangaroo rat as an endangered species (USFWS, 1998a). The project site and surrounding area are no longer exposed to fluvial processes needed to maintain the intermediate RAFSS habitat that would be required for long-term San Bernardino kangaroo rat conservation. The site has been isolated from the influences of the alluvial fans extending out of the San Gabriel Mountains since the late 1950s from the construction of Interstate 15, construction of Interstate 210, and channelization of the drainages extending out of the San Gabriel Mountains for flood control purposes. Further, the project site is not located within federally designated Critical Habitat for San Bernardino kangaroo rat. Due to the history of agricultural use, including the removal of native habitat and several decades of farming/manipulating native soils, the loss of fluvial scouring due to flood control activities, and isolation from known occupied habitat, the project site no longer supports native RAFSS habitat. Further the site is no longer accessible to San Bernardino kangaroo rat due to the fragmentation and isolation of the project site from native habitats from on the San Gabriel alluvial fans. No sign of San Bernardino kangaroo rat use was found within the project site or neighboring areas. San Bernardino kangaroo rat is presumed absent, and no further studies are recommended. Special-Status Plant Communities According to the CNDDB, three (3) special-status plant communities have been reported in the Devore USGS 7.5-minute quadrangle: Riversidean Alluvial Fan Sage Scrub, southern riparian Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 89 forest, and Southern Sycamore Alder Riparian Woodland. Based on the results of the field investigation, no special-status plant communities were observed onsite. Therefore, no special- status plant communities will be impacted by project implementation. Critical Habitats Under the federal Endangered Species Act, “Critical Habitat” is designated at the time of listing of a species or within one year of listing. Critical Habitat refers to specific areas within the geographical range of a species at the time it is listed that include the physical or biological features that are essential to the survival and eventual recovery of that species. Maintenance of these physical and biological features requires special management considerations or protection, regardless of whether individuals or the species are present or not. All federal agencies are required to consult with the USFWS regarding activities they authorize, fund, or permit which may affect a federally listed species or its designated Critical Habitat. The purpose of the consultation is to ensure that projects will not jeopardize the continued existence of the listed species or adversely modify or destroy its designated Critical Habitat. The designation of Critical Habitat does not affect private landowners, unless a project they are proposing is on federal lands, uses federal funds, or requires federal authorization or permits (e.g., funding from the Federal Highways Administration or a Clean Water Act Permit from the United States Army Corps of Engineers). If a there is a federal nexus, then the federal agency that is responsible for providing the funding or permit would consult with the USFWS. The project site is not located within federally designated Critical Habitat. The nearest designated Critical Habitat is located approximately 0.5 mile north of the project site for San Bernardino kangaroo rat. Therefore, the loss or adverse modification of Critical Habitat from site development will not occur and consultation with the USFWS for impacts to Critical Habitat will not be required for implementation of the proposed project. a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less Than Significant Impact with Mitigation Incorporated. As noted above, there is no evidence of candidate, sensitive, or special status species on the Project site. Implementation of the proposed Project would not cause a substantial adverse effect either directly or through habitat modifications on any special-status biological resources, special-status plants, or special-status wildlife. Although none of the aforementioned species are federally or state listed as endangered or threatened. To ensure impacts to the aforementioned species do not occur from implementation of the proposed Project, a pre-construction nesting bird clearance survey Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 90 (Mitigation Measure BIO-1) shall be conducted prior to ground disturbance. With implementation of the pre-construction nesting bird clearance survey, impacts to the aforementioned species will be less than significant. Mitigation Measures: BIO-1 Migratory Bird Treaty Act and Fish and Game Code. Nesting birds are protected pursuant to the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (Sections 3503, 3503.5, 3511, and 3513 prohibit the take, possession, or destruction of birds, their nests, or eggs). To protect migratory bird species, a nesting bird clearance survey shall be conducted prior to any ground disturbance or vegetation removal activities that may disrupt the birds during the nesting season. If construction occurs between February 1st and August 31st, a pre-construction clearance survey for nesting birds shall be conducted within three (3) days of the start of any vegetation removal or ground disturbing activities to ensure that no nesting birds will be disturbed during construction. The biologist conducting the clearance survey shall document a negative survey with a brief letter report indicating that no impacts to active avian nests will occur. If an active avian nest is discovered during the pre-construction clearance survey, construction activities shall stay outside of a no-disturbance buffer. The size of the no-disturbance buffer will be determined by the wildlife biologist and will depend on the level of noise and/or surrounding anthropogenic disturbances, line of sight between the nest and the construction activity, type and duration of construction activity, ambient noise, species habituation, and topographical barriers. These factors will be evaluated on a case-by-case basis when developing buffer distances. Limits of construction to avoid an active nest will be established in the field with flagging, fencing, or other appropriate barriers; and construction personnel will be instructed on the sensitivity of nest areas. A biological monitor shall be present to delineate the boundaries of the buffer area and to monitor the active nest to ensure that nesting behavior is not adversely affected by the construction activity. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, construction activities within the buffer area can occur. Mitigation Measure: MM BIO-1. Level of Significance: Less than Significant impact with Mitigation. b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? No Impact. Jurisdictional Drainage and Wetlands Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 91 Aerial photography was reviewed prior to conducting a field investigation to locate and inspect any potential natural drainage features, ponded areas, or water bodies that may fall under the jurisdiction of the United States Army Corps of Engineers (Corps), Regional Water Quality Control Board (Regional Board), or CDFW. In general, surface drainage features indicated as blue-line streams on USGS maps that are observed or expected to exhibit evidence of flow are considered potential riparian/riverine habitat and are also subject to state and federal regulatory jurisdiction. In addition, ELMT reviewed jurisdictional waters information through examining historical aerial photographs to gain an understanding of the impact of land-use on natural drainage patterns in the area. The USFWS National Wetland Inventory (NWI) and Environmental Protection Agency (EPA) Water Program “My Waters” data layers were also reviewed to determine whether any hydrologic features and wetland areas have been documented on or within the vicinity of the Project site. Jurisdictional Areas No jurisdictional drainage and/or wetland features were observed on the Project site during the habitat assessment that would be considered jurisdictional by the Corps, Regional Board, or CDFW. A query of the NWI database found no potential blueline streams, riverine, or other aquatic resources within or adjacent to the Project site. Results suggest that Project implementation would not result in any impact to jurisdictional resources. Mitigation Measures: No mitigation is required. Level of Significance: No impact. c) Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological? No Impact. Refer to response b) above. No signs of jurisdictional water or other traces of wetlands occur on site. No impact would occur. Mitigation Measures: No mitigation is required. Level of Significance: No impact. d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less than Significant. As discussed above, the Project site provides suitable foraging and nesting habitat for a variety of bird species adapted to a high degree of anthropogenic disturbance. However, no active nests or birds displaying nesting behavior were observed during the field survey. Additionally, according to the San Bernardino County General Plan, Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 92 the project site has not been identified as occurring within a Wildlife Corridor or Linkage. As designated by the San Bernardino County General Plan Open Space Element, major open space areas documented in the vicinity of the Project site include the Lytle Creek Wash, located approximately 3.4 miles to the northeast. As such, implementation of the proposed project is not expected to impact wildlife movement opportunities. Therefore, impacts to wildlife corridors or linkages are not expected to occur. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact. Due to historic and existing land uses, no native plant communities or natural communities of special concern were observed on or adjacent to the Project site. The Project site consists of a mixture of developed and undeveloped land that was historically used for agricultural purposes, supported housing developments, and has undergone routine weed abatement. These disturbances have eliminated the natural plant communities that once occurred on and surrounding the Project site. Additionally, as described in the Biological Resources Assessment, ornamental trees surround the Project site. The City of Fontana’s Municipal Code (FMC) 28-61 outlines provisions and guidelines for tree removal, installation, preservation, and maintenance within the City; this is especially important when considering native and special status tree species within the City. All trees that are intended for removal as part of a project require a removal permit and must be approved by the Planning Director. However, none of these trees were identified as protected species under the City of Fontana Municipal Code, et seq. Since the Project would not conflict with any local policy or ordinances protecting biological resources, such as tree preservation policy or ordinance, no impact would occur. Mitigation Measures: No mitigation is required. Level of Significance: No impact. f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Less Than Significant Impact. The Project site is not located with an adopted Habitat Conservation Plan or other approved local, regional, or State habitat conservation plan, and does not contain a special plant or animal species, impacts would be less than significant. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 93 Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. Cumulative Impacts The proposed Project would result in no significant impacts to biological resources with the implementation of Mitigation Measure BIO-1. The chances of cumulative impacts occurring because of Project implementation plus implementation of other projects in the region is not likely since all proposed projects would be subject to individual project-level environmental review. Since there would be no significant project-specific impacts and due to the Project’s compliance with existing laws and regulations in place to protect biological resources, the potential incremental effects of the proposed Project would not be cumulatively considerable. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 94 CULTURAL RESOURCES ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 5. CULTURAL RESOURCES. Would the Project: a) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5? X b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? X c) Would the project disturb any human remains, including those interred outside of dedicated cemeteries? X This section discusses the historic and archaeological resources that may be impacted due to Project Implementation. Cultural resources are defined as places, objects, and settlements that reflect group or individual religious, archaeological, architectural, or paleontological activities. Such resources provide information on scientific progress, environmental adaptations, group ideology, or other human advancements. By statute, CEQA is primarily concerned with two classes of cultural resources: “historical resources,” which are defined in PRC Section 21084.1 and CEQA Guidelines Section 15064.5, and “unique archaeological resources,” which are defined in PRC Section 21083.2. Tribal cultural resources are generally described as sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe and are further defined in PRC Section 21074(a)(1)(A) and (B). Refer to the Tribal Cultural Resources section of this document for additional information. The information and analysis in this section is based on the proposed Project’s Cultural Resources Assessment (BCR Consulting, October 2021; see Appendix C of this Initial Study), the City of Fontana General Plan (2007), City of Fontana General Plan Update 2015 – 2035 (2018), and applicable consultation. Historical Resources Historical resources consist of any object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California. Generally, a resource shall be considered by the lead agency to be ‘historically significant’ if the resource meets the criteria for listing in the California Register of Historical Resources” (Cal. Code Regs. tit. 14(3), Section 15064.5(a)(3)). Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 95 Archaeological Resources Archaeological resources are any material remains of human life or activities which are at least 100 years of age, and which are of archaeological interest. The Archaeological Resources Protection Act of 1979 governs the excavation of archaeological sites on federal and Indian lands in the United States, and the removal and disposition of archaeological collections from those sites. Paleontological Resources Paleontology, exclusive of the study of human fossils, is a natural science closely associated with geology and biology. In geologically diverse California, vertebrate, invertebrate, and plant fossils are usually found in sedimentary and metasedimentary deposits. CEQA provides guidance relative to significant impacts on paleontological resources, indicating that a project would have a significant impact on paleontological resources if it disturbs or destroys a unique paleontological resource or site or unique geologic feature. Section 5097.5 of the California Public Resources Code specifies that any unauthorized removal of paleontological remains is a misdemeanor. Furthermore, California Penal Code Section 622.5 sets the penalties for damage or removal of paleontological resources. CEQA documentation prepared for projects would be required to analyze paleontological resources in connection with the CEQA process to disclose potential impacts. As of January 2018, paleontological resources are considered in the geological rather than cultural category. Therefore, paleontological resources are discussed in Geology and Soils discussion. Methodology9 Records Search Prior to fieldwork, an archaeological records search was conducted by SCCIC staff using data on file at California State University, Fullerton. This included a review of all recorded historic and prehistoric cultural resources, as well as a review of known cultural resources within 0.5 mile of the Project site and survey and excavation reports generated from projects completed within 0.5 miles of the Project site. In addition, a review was conducted of the National Register of Historic Places (National Register), the California Register of Historical Resources (California Register), and documents and inventories from the California Office of Historic Preservation including the lists of California Historical Landmarks, California Points of Historical Interest, Listing of National Register Properties, and the Built Environment Resource Directory (BERD). BCR Consulting performed additional research by studying available aerial photographs of the Project (USDA 1936, 1938, 1948, 1952, 1959, 1966, 1980, 1994, 2002) 9 BCR Consulting LLC. (2021). Cultural Resources Assessment; Methodology. Accessed October 2021. Refer to Appendix C for more information. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 96 Field Survey A pedestrian cultural resources field survey of the Project site was conducted on March 17, 2021. The survey was conducted by walking parallel transects spaced approximately 15 meters apart across 100 percent of the project site. Transect intervals were narrowed to between one and five meters where resources were identified. Soil exposures, including natural and artificial clearings were carefully inspected for evidence of cultural resources. Cultural Resources were recorded per the California OHP Instructions for Recording Historical Resources in the field using: • Detailed notetaking on DPR Forms (Appendix A of the Cultural Report) • Hand-held Garmin Positioning systems for mapping purposes • Digital photography of all cultural resources (Appendix A and B of the Cultural Report) Results10 Research Records search results conducted by SCCIC staff using data on file at California State University, Fullerton indicate that 24 previous cultural resources assessments have been conducted within a 0.5-mile radius of the Project site, resulting in the recordation of 24 historic-period cultural resources. Of these, one cultural resources assessment (SB-2621) has assessed the Project site and no cultural resources have been previously identified within the Project site. The records search results are summarized in Table 13, Cultural Resources and Reports Located Within One Mile of the Project Site, and a full bibliography is provided in Appendix E of the Cultural Report, provided as Appendix C of this Initial Study. Table 13: Cultural Resources and Reports Located Within One Mile of the Project Site USGS 7.5 Min Quad. Cultural Resources Within One Mile of Project Site Studies Within One Mile Devore, Calif. (1988) P-36-6251: historic-period foundation (200 ft E) P-36-7326: historic-period foundation/dump (½ mile W) P-36-7327: historic-period well (1/5 Mile SE) P-36-14191: historic-period structure (1/10-mile SE) P-36-14192: historic-period structure (3/5-mile W) P-36-14193: historic-period structure (3/5-mile W) P-36-14194: historic-period structure (1/5-mile W) P-36-14195: historic-period structure (3/5-mile NW) P-36-14196: historic-period structure (1/10-mile NW) P-36-14197: historic-period structure (1/10-mile E) P-36-14198: historic-period structure (1/10-mile E) P-36-14199: historic-period structure (1/4-mile E) P-36-14200: historic-period structure (1/4-mile E) P-36-14201: historic-period structure (1/2-mile E) P-36-15291: historic-period structure (1/4-mile E) P-36-15376: Historic-Period District (4/5-mile N) P-36-19910: historic-period structure (2/5-mile S) P-36-19911: historic-period structure (1/4-mile SE) SB-438, 1011, 1189, 1611, 1737, 1983, 2064, 2096, 2621*, 2765, 2766, 3172, 3173, 4018, 4020, 4022, 4207, 4209, 4548, 5095, 6016, 6392, 6414, 6450 10 BCR Consulting LLC. (2020). Cultural Resources Assessment; Results. Accessed September 9, 2020. Refer to Appendix C for more information. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 97 USGS 7.5 Min Quad. Cultural Resources Within One Mile of Project Site Studies Within One Mile P-36-19912: historic-period structure (1/4-mile SE) P-36-19913: historic-period structure (3/5-mile E) P-36-20915: historic-period structure (2/5-mile NW) P-36-20916: historic-period structure (1/4-mile NW) P-36-20917: historic-period structure (4/5-mile NW) P-36-20918: historic-period structure (4/5-mile NW) Source: BCR Consulting, LLC. October 2021. Cultural Resources Assessment. Review of historic aerial photographs and San Bernardino County Assessor’s Office records has revealed that the Project site was vacant until construction of residences along the south border of the Project property began in 1952. By 1953 residences located at 15956, 15966, 15984, 16006, and 16024 Torrey Avenue were constructed. Additional residences were constructed, filling the southern half of the project property by 1955. One additional residence was constructed by 1966 located at 92336 Highland Avenue, in the central portion of the north half of the project site. The residences on the south side of the project site were demolished between 1994 and 2002, most likely in 1996 when the city assumed ownership of the parcels (San Bernardino County Assessor 2021; USDA 1936, 1938, 1948, 1952, 1959, 1966, 1980, 1994, 2002). Field Survey During the field survey, BCR Consulting identified site KIM2104-H-1 a historic-period utility alignment, running through the center of the Project site in an east to west direction. This resource is described in detail below. There is approximately 20 to 40 percent surface visibility within the Project site. All traces of the buildings that were visible in historic aerial photos in the southern portion of the site have been removed. Vegetation included dried seasonal grasses, non-native and native brush, and several species of deciduous trees. Sediments were dominated by fine gravel and sand. The resource is described as follows: KIM2104-H-1. This resource consists of a historic-period utility alignment made up of 11 wooden utility poles, eight of which are original and were installed before 1945 according to inspection date nails. The alignment is positioned in an east to west orientation and runs the length of the Project site (1,250 feet). Utilities are still actively being supplied by this alignment to the surrounding community. The eight historic-period poles in this segment of the alignment all feature one crossarm, and a guy wire. No other historic-period or prehistoric resources were identified during the survey, indicating low sensitivity for subsurface deposits in the Project site. Significance Evaluations During the field survey an historic-period utility alignment (KIM2104-H-1) was identified. CEQA calls for the evaluation and recordation of historic and archaeological resources. The criteria for determining the significance of impacts to cultural resources are based on Section 15064.5 of the CEQA Guidelines and Guidelines for the Nomination of Properties to the California Register. Properties eligible for listing in the California Register and subject to review under CEQA are those meeting the criteria for listing in the California Register, or designation under a local ordinance. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 98 Significance Criteria California Register of Historical Resources. The California Register criteria are based on National Register criteria. For a property to be eligible for inclusion on the California Register, one or more of the following criteria must be met: 1. It is associated with the events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the U.S. 2. It is associated with the lives of persons important to local, California, or U.S. history. 3. It embodies the distinctive characteristics of a type, period, region, or method of construction, represents the work of a master, possesses high artistic values; and/or 4. It has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation. In addition to meeting one or more of the above criteria, the California Register requires that sufficient time has passed since a resource’s period of significance to “obtain a scholarly perspective on the events or individuals associated with the resources.” (CCR 4852 [d][2]). The California Register also requires that a resource possess integrity. This is defined as the ability for the resource to convey its significance through seven aspects: location, setting, design, materials, workmanship, feeling, and association. Finally, CEQA requires that significant effects on unique archaeological resources be considered and addressed. CEQA defines a unique archaeological resource as any archaeological artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it meets any of the following criteria: 1. Contains information needed to answer important scientific research questions and there is a demonstrable public interest in that information. 2. Has a special and particular quality such as being the oldest of its type or the best available example of its type. 3. Is directly associated with a scientifically recognized important prehistoric or historic event or person. a & b) Would the project cause a substantial adverse change in the significance of a historical and archaeological resource pursuant to § 15064.5? Less than Significant with Mitigation Incorporated. Based on the significance criteria, research has failed to associate the historic-period utility alignment with any important events or persons (Criteria 1 and 2). The site does not embody any distinctive characteristics, represent the work of a master, or possess high artistic values (Criterion 3). Intensive survey has not identified any potential for the site to yield information important to the prehistory or history of the local area, California, or the nation (Criterion 4). The site is not recommended eligible for the California Register and is not Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 99 recommended a historical resource under CEQA. Finally, the site does not contain information relevant to important scientific research questions and lacks special or qualities. As such it is not a unique archaeological resource and is also not recommended a “historical resource” under CEQA and does not warrant further consideration. Based on these results BCR Consulting recommends that no additional cultural resource work or monitoring is necessary for any earthmoving proposed within the Project site. However, if previously undocumented cultural (historical or archaeological) resources are identified during earthmoving activities, Mitigation Measure (MM) CUL-1 shall be implemented. Mitigation Measures MM CUL-1 Historic Archaeological Resources a. If archaeological resources are unearthed by project construction activities, these shall be evaluated by a qualified archaeologist and tribal monitor/consultant. If the resources discovery of any tribal cultural or archaeological resources, construction activities in the immediate vicinity of the find shall cease until the find can be assessed. If all finds are Native American in origin, interested Tribes (as a result of correspondence with area Tribes) shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request preservation in place or recovery for educational purposes. Work may continue on other parts of the project while evaluation takes place. b. Preservation in place shall be the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavation to remove the resource along the subsequent laboratory processing and analysis. All Tribal Cultural Resources shall be returned to the Tribe. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to the Tribe or a local school or historical society in the area for educational purposes. c. Archaeological and Native American monitoring and excavation during construction projects shall be consistent with current professional standards. All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken. Principal personnel shall meet the Secretary of the Interior standards for archaeology and have a minimum of 10 years’ experience as a principal investigator working with Native American archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 100 Thus, a less than significant impact is anticipated on historical and archaeological resources from implementation of the proposed Project with implementation of MM CUL-1. Mitigation Measure: MM CUL-1. Level of Significance: Less than significant impact with Mitigation. c) Would the project disturb any human remains, including those interred outside of dedicated cemeteries? Less than Significant Impact. The Project site is not located within a known or suspected cemetery and the field survey revealed no known human remains within the Project site. Additionally, the results of the records search conducted through the Western Science Center (WSC) concluded that the Project area is mapped entirely as alluvial gravel and sand deposits dating from the Holocene period. While Holocene alluvial units are considered to be of high preservation value, material found is unlikely to be fossil material due to the relatively modern associated dates of the deposits. However, if development requires any substantial depth of disturbance, the likelihood of reaching Pleistocene alluvial sediments would increase. The WSC does not have localities within the Project area or within a 1-mile radius. While the presence of any fossil material is unlikely, if excavation activity disturbs deeper sediment dating to the earliest parts of the Holocene or Late Pleistocene periods, the potential for scientifically significant resources could increase. Based on the WSC results and history of the general Project area, excavation activity associated with the development of the Project area is unlikely to be paleontologically sensitive and a less than significant impact on human remains is anticipated, but caution during development shall be observed. The following Standard Condition would be carried out during Project construction. Standard Condition SC CUL-1 If human remains are encountered during the undertaking, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 101 Per California Code, Health and Safety Code - HSC § 7050.5: (b) In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined, in accordance with Chapter 10 (commencing with Section 27460) of Part 3 of Division 2 of Title 3 of the Government Code , that the remains are not subject to the provisions of Section 27491 of the Government Code or any other related provisions of law concerning investigation of the circumstances, manner and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative, in the manner provided in Section 5097.98 of the Public Resources Code. The coroner shall make his or her determination within two working days from the time the person responsible for the excavation, or his or her authorized representative, notifies the coroner of the discovery or recognition of the human remains. (c) If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. Mitigation Measure: No mitigation is required. Level of Significance: Less than significant impact. Cumulative Impacts The proposed Project would not create a significant cumulative impact to any known historical or archaeological resources or known human remains with implementation of SC-1. All proposed projects in the surround area would be subject to individual project-level environmental review. Since there would be no Project-specific impacts and due to existing laws and regulations in place to protect cultural resources and prevent significant impact to paleontological resources, the potential incremental effects of the proposed Project would not be cumulatively considerable. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 102 ENERGY ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 6. ENERGY. Would the Project: a) Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during Project construction or operation? X b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency? X Building Energy Conservation Standards Energy conservation standards for new residential and non-residential buildings were adopted by the California Energy Resources Conservation and Development Commission (now the California Energy Commission) in June 1977 and are updated every three years (Title 24, Part 6, of the California Code of Regulations). Title 24 requires the design of building shells and building components to conserve energy. The standards are updated periodically to allow for consideration and possible incorporation of new energy efficiency technologies and methods. On May 9, 2018, the California Energy Commission (CEC) adopted the 2019 Building Energy Efficiency Standards (Energy Code), which went into effect on January 1, 2020. The CEC is currently preparing the 2022 Energy Code, which will improve upon the 2019 Energy Code for new construction of, and additions and alterations to, residential and non-residential buildings. Proposed standards will be adopted in 2021 with an effective date of January 1, 2023. The California Energy Commission updates the standards every three years.11 The current 2019 Energy Code improve upon the previous 2016 Energy Code. Under the 2019 Title 24 standards, residential buildings are about 7 percent more energy efficient, and when the required rooftop solar is factored in for low-rise residential construction, residential buildings that meet 2019 Title 24 standards use about 53 percent less energy than those built to meet the 2016 standards. Non-residential buildings use about 30 percent less energy due mainly to lighting upgrades.12 Senate Bill 350 11 California Energy Commission, 2022 Building Energy Efficiency Standards, Available at: https://www.energy.ca.gov/programs-and- topics/programs/building-energy-efficiency-standards/2022-building-energy-efficiency, Accessed March 4, 2021. 12 California Energy Commission, 2019 Building Energy Efficiency Standards Frequently Asked Questions, Available at: https://ww2.energy.ca.gov/title24/2019standards/documents/Title_24_2019_Building_Standards_FAQ_ada.pdf, Accessed March 4, 2021. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 103 In September 2015, then California Governor Jerry Brown signed Senate Bill (SB) 350 (de León). This legislation established tiered increases to the Renewable Portfolio Standard—40 percent by 2024, 45 percent by 2027, and 50 percent by 2030. Senate Bill 100 SB 100, referred to as “The 100 Percent Clean Energy Act of 2019,” was signed into law by Governor Brown in September 2018 and increased the required Renewable Portfolio Standards established in SB 350. Under SB 100, the total kilowatt hours (kWh) of energy sold by electricity retailers to their end-use customers must consist of at least 50 percent renewable resources by 2026, 60 percent renewable resources by 2030, and 100 percent renewable resources by 2045. SB 100 also establishes a state policy that eligible renewable energy resources and zero-carbon resources supply 100 percent of all retail sales of electricity to California end-use customers and 100 percent of electricity procured to serve all State agencies by December 31, 2045. Under the bill, the State cannot increase carbon emissions elsewhere in the western grid or allow resource shuffling to achieve the 100 percent carbon-free electricity target. a) Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during Project construction or operation? Less Than Significant Impact with Mitigation. Electricity. Southern California Edison (SCE) provides electricity to the project area. The project is expected to use approximately 3,757,845 kilowatt-hours per year (kWh/year) based on California Emissions Estimator Model (CalEEMod); refer to Appendix D, Greenhouse Gas Study of this IS/MND. Project implementation would result in a permanent increase in electricity over existing conditions. The increased demand is expected to be adequately served by the existing SCE electrical facilities. Total electricity demand in SCE’s service area is forecast to increase by approximately 12,000 gigawatt- hours (GWh)—or 12 billion kWh—between 2015 and 2026.13 The increase in electricity demand from the project would represent an insignificant percent increase compared to overall demand in SCE’s service area. Therefore, projected electrical demand would not significantly impact SCE’s level of service. Based on the project schedule, the project would be required to comply with the 2019 Building Energy Efficiency Standards, which took effect on January 1, 2020. Prior to issuance of a building permit, the City of Fontana Building and Safety Department would review and verify that the project plans demonstrate compliance with the current version of the Building and Energy Efficiency Standards. The project would also be required adhere to the provisions of CALGreen, which establishes planning and design standards for sustainable site development, energy efficiency (in excess of the California Energy Code requirements), water conservation, material conservation, and internal air contaminants. 13 California Energy Commission, California Energy Demand 2018-2030 Revised Forecast, Figure 49 Historical and Projected Baseline Consumption SCE Planning Area, Available at: https://efiling.energy.ca.gov/getdocument.aspx?tn=223244, Accessed November 29, 2021. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 104 Project development would not interfere with achievement of the 60 percent Renewable Portfolio Standard set forth in SB 100 for 2030 or the 100 percent standard for 2045. These goals apply to SCE and other electricity retailers. As electricity retailers reach these goals, emissions from end user electricity use would decrease from current emission estimates. Natural Gas. Southern California Gas Company (SoCalGas) provides natural gas service to the project area. The project is expected to use approximately 16,537,393 kilo-British thermal units per year (KBTU/year) of natural gas based on California Emissions Estimator Model (CalEEMod); refer to Appendix D of this Initial Study. The increased demand is expected to be adequately served by the existing SoCalGas facilities. From 2020 to 2035, core demand is expected to decline from 934 million cubic feet (mcf) to 806 mcf, while supplies remain constant at 3.775 billion cubic feet per day (bcfd)14 from 2015 through 2035.15 Therefore, the natural gas demand from the proposed project would represent a nominal percentage of overall demand in SoCalGas’ service area. The proposed project would not result in a significant impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation. Fuel. During construction, transportation energy use depends on the type and number of trips, vehicle miles traveled, fuel efficiency of vehicles, and travel mode. Transportation energy use during construction would come from the transport and use of construction equipment, delivery vehicles and haul trucks, and construction employee vehicles that would use diesel fuel and/or gasoline. The use of energy resources by these vehicles would fluctuate according to the phase of construction and would be temporary. Most construction equipment during demolition and grading would be gas-powered or diesel- powered, and the later construction phases would require electricity-powered equipment. Impacts related to transportation energy use during construction would be temporary and would not require expanded energy supplies or the construction of new infrastructure; impacts would not be significant. During operations, energy consumption would be associated with visitor and employee vehicle trips; delivery and supply trucks; and trips by landscape and maintenance crews. The project is in an urbanized area, south of SR-210, and near gasoline fuel facilities and existing infrastructure. Consequently, the proposed project would not result in a substantial demand for energy that would require expanded supplies or the construction of other infrastructure or expansion of existing facilities. Existing rules and regulations concerning vehicle fuel consumption efficiencies (CAFE Standards)16 would ensure that vehicle trips generated by the proposed project would not be considered as inefficient, wasteful, or unnecessary. The proposed project would not result in wasteful, inefficient, 14 1 bcfd is equivalent to about 1.03 billion kBTU 15 California Gas and Electric Utilities, 2020 California Gas Report, Southern California Gas Company Annual Gas Supply 2020-2035 Table 1-SCG, Available at: https://www.socalgas.com/sites/default/files/2020-10/2020_California_Gas_Report_Joint_Utility_Biennial_Comprehensive_Filing.pdf, Accessed November 29, 2021. 16 U.S. Department of Transportation (2014). Corporate Average Fuel Economy Standards, Available at: https://www.transportation.gov/mission/sustainability/corporate-average-fuel-economy-cafe-standards, Accessed August 24, 2021. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 105 or unnecessary consumption of energy resources. Impacts are less than significant, and no mitigation is required. Although the Project does not require mitigation for energy consumption, the Project will be required to incorporate mitigation measures for greenhouse gas (GHG) emissions which will also have a beneficial impact on energy consumption. MM GHG-1 requires the Project to meet or exceed 2019 CALGreen Tier 2 standards. MM GHG-2 requires the Project to install solar panels, or other sources of renewable energy generation on-site, or otherwise acquire energy from the local utility that has been generated by renewable sources (for example, Southern California Edison Green Rate), that would provide 100 percent of the expected building load. MM GHG-3 requires the Project operator to prepare and submit a Transportation Demand Management (TDM) program that will reduce the use of single occupant vehicles by employees and reduce vehicle fuel consumption. Mitigation Measures: MM GHG-1, GHG-2, and GHG-3. Level of Significance: Less than significant impact with Mitigation. b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less Than Significant Impact. Project design and operation would comply with State Building Energy Efficiency Standards, appliance efficiency regulations, and green building standards. Project development would not cause inefficient, wasteful, and unnecessary energy consumption, and no adverse impact would occur. As one measure of energy conservation, the city participates in the California Energy Commission’s Gridscape Solutions grant. The grant demonstrates the business case for advanced micro-grids in support of California’s energy and Greenhouse Gases (GHG) policies to aid in the reduction of energy consumption and GHG emissions to meet the goals of AB 32. The proposed Project would not conflict with any applicable plan, policy or regulation of an agency adopted to reduce GHG emissions, including Title 24, AB 32, and SB 32. Therefore, the project would not conflict with any state or local plan for renewable energy or energy efficiency and impacts would be less than significant. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. Cumulative Impacts Construction and operations associated with implementation of the Project would not result in the inefficient or wasteful consumption of fuel and energy. New capacity or supplies of energy resources would not be required. Additionally, the Project would be subject to compliance with all Federal, State, and local requirements for energy efficiency. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 106 The anticipated impacts from the proposed Project, in conjunction with cumulative development in the site vicinity, would increase urbanization and result in increased energy consumption. Potential land use impacts are site-specific and require evaluation on a case-by-case basis. Each cumulative project would require separate discretionary approval and CEQA assessment, which would address potential energy consumption impacts and identify necessary mitigation measures, where appropriate. As noted above, the proposed Project would not result in significant energy consumption impacts. The proposed Project would not be considered inefficient, wasteful, or unnecessary with regard to energy. Thus, the proposed Project is not anticipated to result in a significant cumulative impact. Therefore, potential impacts are considered less than significant. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 107 GEOLOGY AND SOILS ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 7. GEOLOGY AND SOILS. Would the Project: a) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. x ii) Strong seismic ground shaking? x iii) Seismic-related ground failure, including liquefaction? x iv) Landslides? x b) Would the project result in substantial soil erosion or the loss of topsoil? x c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in on- or off- site landslide, lateral spreading, subsidence, liquefaction, or collapse? x d) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? x e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? x f) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? x Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 108 California Alquist-Priolo Earthquake Fault Zoning Act The purpose of the Alquist-Priolo Earthquake Fault Zoning Act (Act) is to provide for the adoption and administration of zoning laws, ordinances, rules, and regulations by cities and counties in implementation of the general plan to assist cities, counties, and state agencies in the exercise of their responsibility to prohibit the location of developments and structures for human occupancy across the trace of active faults. Further, it is the intent of this chapter to provide the citizens of the state with increased safety and to minimize the loss of life during and immediately following earthquakes by facilitating seismic retrofitting to strengthen buildings, including historical buildings, against ground shaking.17 Ground Shaking Ground shaking is a general term referring to all aspects of motion of the earth’s surface resulting from an earthquake and is normally the major cause of damage in seismic events. The extent of ground shaking is controlled by the magnitude and intensity of the earthquake, distance from the epicenter, and local geologic conditions. Magnitude is a measure of the energy released by an earthquake; it is assessed by seismographs. Intensity is a subjective measure of the perceptible effects of seismic energy at a given point and varies with distance from the epicenter and local geologic conditions. Ground shaking is the primary cause of damage and injury during earthquakes and can result in surface rupture, liquefaction, landslides, lateral spreading, differential settlement, tsunamis, building failure, and broken gas and other utility lines, leading to fire and other collateral damage. The intensity and severity of ground motion is dependent on the earthquake’s magnitude, distance from the epicenter and underlying soil and rock properties. Areas underlain by thick, saturated, unconsolidated soils will experience greater shaking motion than areas underlain by firm bedrock.18 Seismicity and Seismic Hazards, and Liquefaction The Cucamonga and San Jacinto faults, two of the most active faults in southern California, extend across the northern portion of the city of Fontana. Three possible faults have been mapped at depth under the city of Fontana and its area of interest. The city of Fontana also lies within a few miles of the San Andreas Fault. As a result, the entire study area is susceptible to very strong ground shaking, and some areas of the city can be impacted by surface fault rupture. Given that ground water may occur within 40 feet of the surface in that portion of the Lytle Creek channel located within the city, the channel is considered susceptible to liquefaction which is the sudden loss of soil shear strength and sudden increase in porewater pressure caused by shear strains, as could result from an earthquake. Other areas in the southern portion of the city may 17 State of California. (1994). CHAPTER 7.5. Earthquake Fault Zoning [2621 - 2630]. Available at https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=2.&chapter=7.5.&lawCode=PRC. Accessed March 14, 2021. 18 City of Fontana. (2018). Fontana Forward General Plan - Draft Environmental Impact Report; LHMP page 61. Accessed September 14, 2020. Available at https://www.fontana.org/DocumentCenter/View/29524/Draft-Environmental-Impact-Report-for-the-General-Plan-Update Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 109 also have a moderate susceptibility to liquefaction due to seasonal saturation of the near-surface sediments. The severity of an earthquake generally is expressed in two ways—magnitude and intensity. The energy released, as measured on the Moment Magnitude (MW) scale, represents the magnitude of an earthquake. The intensity of an earthquake is measured by the Modified Mercalli Intensity (MMI) scale, which emphasizes the seismic response at a subject site and measures ground- shaking severity according to damage done to structures, changes in the earth surface, and personal accounts.19 Landslides Shaking during an earthquake may lead to seismically induced landslides, especially in areas that have previously experienced landslides or slumps, in areas of steep slopes, or in saturated hillsides. The city is generally flat and not at risk from the threat of landslides. Potential areas where seismically induced landslides could occur are in the foothill portions of the city. Surface Fault Rupture Potential Surface rupture occurs when the ground surface is broken due to fault movement during a seismic event. The location of surface rupture generally can be assumed to be along an active major fault trace. Since there are no preventive measures to stop surface rupture, faults are identified with the purpose of delineating zones over the surface tract of potentially hazardous faults where construction shall be avoided. Soil Erosion Erosion refers to the removal of soil from exposed bedrock surfaces by water or wind. The effects of erosion are intensified with an increase in slope (as water moves faster, it gains momentum to carry more debris), the narrowing of runoff channels (which increases the velocity of water), and by the removal of groundcover (which leaves the soil exposed to erosive forces). Surface improvements, such as paved roads and buildings, decrease the potential for erosion on-site, but can increase the rate and volume of runoff, potentially causing off-site erosion. Subsidence Soil subsidence at the land surface can result from both natural and man-made phenomena. Natural phenomena that may induce subsidence include tectonic deformation and seismically induced settlements (liquefaction); soil consolidation; oxidation or dewatering of organic-rich soils; and collapse of subsurface cavities. Human activities that may help induce subsidence include decreases in pore pressure caused by the excessive withdrawal of subsurface fluids (pumping), including water and hydrocarbons. Soil Settlement 19 City of Fontana. 2019. Fontana Forward General Plan Update 2015-2035 – Draft Environmental Impact Report. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 110 Soil settlement is the condition where soils deform in a vertical direction when a vertical load is placed on top of it. The compression of the soil bed by the vertical load results from the characteristics of the soil particles that are contained in the soil bed, as the spaces that are filled with either air or water between the soil particles are squeezed out. According to the General Plan Environmental Impact Report (EIR), site-specific geotechnical investigation would, on a case- by-case basis, determine the potential for soil settlement in a given area to ensure that final project design incorporates all necessary and appropriate engineering features to reduce the potential geologic hazards. Expansive Soils Expansive soils are common throughout California and can cause damage to foundations and slabs, separation of masonry, or failure of paved surfaces unless properly treated during construction. Expansive soil conditions could cause damage to facility components if they are not designed with proper engineering and grading practices. The hazard for expansive behavior is considered a low risk for alluvial fan locations because soils in these areas are frequently saturated and generally do not contain clay-sized particles. a) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Less Than Significant Impact. The nearest Alquist-Priolo faults are the Lytle Creek and Cucamonga faults located more than approximately 2.8 miles north of the Project site.20 Furthermore, no faults traverse beneath the Project site.21 Therefore, since the Project site is not located in a designated earthquake fault zone or on an Alquist-Priolo Fault Zone, no impacts associated with fault rupture would occur. Impacts would be less than significant. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. ii) Strong seismic ground shaking? Less Than Significant Impact. Refer to Threshold 7 a-i, above. Although the Project is not located within or near an earthquake fault zone, southern California is prone to strong seismic activity which would expose the proposed Project strong seismic ground shaking through its lifespan. Consequently, the Project would comply with the seismic design parameters set forth in the latest California Building Code (CBC) which would minimize the 20 California Geological Survey (CGS). (2020). Data Viewer. Available at https://maps.conservation.ca.gov/cgs/DataViewer/ Accessed March 14, 2021. 21 California Geological Survey (CGS). (2020). Data Viewer. Available at https://maps.conservation.ca.gov/cgs/DataViewer/ Accessed March 14, 2021. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 111 potential of strong seismic ground shaking impacts. The CBC was adopted by all municipalities within southern California on January 1, 2017, and is updated every three years. The CBC provides procedures for earthquake-resistant structural design that include considerations for on-site soil conditions, occupancy, and the configuration of the structure including the structural system and height. With conformance to the CBC, a less than significant impact from ground shaking would occur. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. iii, and iv) Seismic-related ground failure, including liquefaction? And Landslides? Less Than Significant Impact. According to the San Bernardino County Map FH21C of the Devore Quadrangle22, the Project is not located in an area prone to seismic-related ground failure, liquefaction susceptibility, and landslide susceptibility. The nearest mapped liquefaction and landslide zones are located 2.6 miles north and of the site. Therefore, less than significant impacts would occur. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. b) Would the project result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact. Refer to Hydrology and Water Quality threshold a) through c) below for more information. The Project would implement a Water Quality Management Plan (WQMP) to comply with the requirements set by the City of Fontana and the NPDES Areawide Stormwater Program including the County’s Storm Water Pollution Prevention Plan (SWPPP), which includes but is not limited to erosion-control and sediment-control Best Management Practices (BMPs) that would meet or exceed measures required by the CGP to control potential construction-related pollutants. Erosion-control BMPs are designed to prevent erosion, whereas sediment controls are designed to trap sediment once it has been mobilized. During operations, the site would be paved throughout with associated Project components that would continue to be subject to the WQMP. Landscaping shall be maintained according to the Project’s WQMP via the SWPPP. Therefore, compliance with regional and local permitting and regulation would ensure soil erosion or loss of topsoil during construction and operations of the Project are less than significant. Mitigation Measures: No mitigation is required. 22 County of San Bernardino. 2010. Geologic Hazards Overlays. Available at http://www.sbcounty.gov/Uploads/lus/GeoHazMaps/FH21C_20100309.pdf, accessed on March 15, 2021. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 112 Level of Significance: Less than significant impact. c, d) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? And be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less Than Significant Impact. The City’s Local Hazard Mitigation Plan lists the types of geologic hazards known to occur in the city regarding slope instability, leading to possible mudflow, liquefaction, and collapsible or expansive soils. As discussed above, the Project site is not located in an area identified as susceptible to slope instability, landslide susceptibility, and liquefaction susceptibility.23 If expansive soils are encountered during site grading, special attention would be given to the Project’s design and maintenance. If any unusual conditions arise, additional studies and revised recommendations would be implemented. Therefore, impacts associated with unstable and expansive soils would be less than significant. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Less than Significant Impact. The Project will be connected to the City’s wastewater sewer system. No septic system will be part of the Project. As such, a less than significant impact associated with the septic tanks or alternative waste-water disposal system would occur as part of the proposed Project’s implementation and no mitigation is required. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. f) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less than Significant Impact with Mitigation. The Cultural Resources Assessment conducted for the Project site determined the geologic units underlying this Project are mapped primarily as alluvial sand and gravel deposits dating from the Holocene period, While Holocene alluvial units are of high preservation value, material found is unlikely to be fossil material due to the relatively modern associated dates of the soil deposits. If development requires any substantial depth of disturbance, the likelihood of reaching Pleistocene periods, the potential for the material to contain fossil resources would 23 DOC. 2021. Available at Data Viewer (ca.gov), accessed October 18, 2021. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 113 increase. However, it is worth noting that the Wester Science Center (WSC) does not have localities within the Project area or within a 1-mile radius. While the presence of any fossil material is unlikely, if excavation activity disturbs deeper sediment dating to the earliest parts of the Holocene or Late Pleistocene periods, the potential for the material to contain fossil resources would increase Excavation activity associated with the development of the project area is unlikely to be paleontologically sensitive, but in the event that paleontological resources are encountered during excavation/construction activities, implementation of MM GEO-1 would reduce impacts to the found paleontological resources to a less than significant impact. Mitigation Measure MM GEO-1 In the event that paleontological resources are found during excavation or grading activities, a Paleontological Construction Monitoring and Compliance Plan will be prepared and implemented to reduce potential impacts to paleontological resources to less than significant which includes the following. ▪ Prior to substantial excavations into older finer-grained Quaternary deposits, the Applicant shall retain a paleontological monitor, trained, and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of substantial earth-disturbing activities. ▪ Should fossils be found within an area being cleared or graded, earth-disturbing activities shall be diverted elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor shall immediately divert construction and notify the monitor of the find. ▪ All recovered fossils shall be prepared, identified, and curated for documentation in the summary report and transferred to an appropriate depository (i.e., San Bernardino County Museum). ▪ A summary report shall be submitted to City of Fontana. Collected specimens shall be transferred with copy of report to San Bernardino County Museum. ▪ The construction can re-commence with approval of the City of Fontana. Level of Significance: Less than significant impact with Mitigation incorporated. Cumulative Impacts The potential cumulative impact related to earth and geology is generally site-specific. The analysis herein determined that the proposed Project would not result in any significant impacts related to landform modification, grading, or the destruction of a geologically significant landform or feature with implementation of mitigation. Furthermore, the Project will comply with existing State and local laws and regulations set in place to protect people and property from substantial adverse geological and soils effects, including fault rupture, strong seismic Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 114 ground shaking, seismic-induced ground failure (including liquefaction), landslide and adverse effects from soil erosion, expansive soils, loss of topsoil, development on an unstable geologic unit. These existing laws and regulations, along with Project design features and mitigation required for the proposed Project, would render potentially adverse geological and soil affects less than significant. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 115 GREENHOUSE GAS EMISSIONS ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 8. GREENHOUSE GAS EMISSIONS. Would the Project: a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? X b) Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? X The following analysis is based on the Greenhouse Gas Emissions (GHGs) Assessment prepared by Kimley-Horn and Associates dated December 2021 and included as Appendix D. The original Project assumptions for the preparation of the Greenhouse Gas Emissions assumed the development of approximately 195,906 square feet of commercial space, inclusive of 235 combined hotel rooms between two hotels (Holiday Inn and Staybridge Suites). Additionally, the model assumed 450 vehicle parking spaces. The model output with the original assumptions resulted in a less than significant impact on all aspects regarding potential impacts to Greenhouse Gas Emissions. The Project has been revised to include the consolidation of the two hotels into a single shared building totaling 184 hotel rooms, an increase of 4,973 square feet in the size of the banquet hall, and the increase in parking spaces to 455. Overall, the updated Project would decrease the total development area by 23,530 SF and decrease the number of daily vehicle trips by 180. As explained and documented in the Greenhouse Gas Consistency Analysis Memorandum included in Appendix D, the updated Project would not generate more emissions than the original proposal and thus would not result in any greenhouse gas impacts beyond those identified in the GHG Emissions Assessment; as a result, use assessment, including the data presented below, for the updated Project is appropriate (and conservative).GHG emissions associated with the Project would continue to be less than significant with implementation of Mitigation Measures GHG-1 through GHG-4. Background The “greenhouse effect” is the natural process that retains heat in the troposphere, the bottom layer of the atmosphere. Without the greenhouse effect, thermal energy would “leak” into space resulting in a much colder and inhospitable planet. With the greenhouse effect, the global average temperature is approximately 61˚F (16˚C). Greenhouse gases (GHGs) are the components of the atmosphere responsible for the greenhouse effect. The amount of heat retained is proportional to the concentration of GHGs in the atmosphere. As more GHGs are Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 116 released into the atmosphere, GHG concentrations increase and the atmosphere retains more heat, increasing the effects of climate change. The Kyoto Protocol identified six gases for emission reduction targets: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFC), perfluorocarbons (PFC), and sulfur hexafluoride (SF6). When accounting for GHGs, all types of GHG emissions are expressed in terms of CO2 equivalents (CO2e) and are typically quantified in metric tons (MT) or million metric tons (MMT). Approximately 80 percent of the total heat stored in the atmosphere is caused by CO2, CH4, and N2O. These three gases are emitted by human activities as well as natural sources. Each of the GHGs affects climate change at different rates and persists in the atmosphere for varying lengths of time. Global warming potential (GWP) is the relative measure of the potential for a GHG to trap heat in the atmosphere. The GWP allows comparisons of the global warming impacts of different gases. Specifically, it is a measure of how much energy the emissions of one ton of a gas will absorb over a given period, relative to the emissions of one ton of CO2. The larger the GWP, the more that a given gas warms the Earth compared to CO2 over that period. GWPs provide a common unit of measure, which allows analysts to add up emissions estimates of different gases (e.g., to compile a national GHG inventory), and allows policymakers to compare emissions reduction opportunities across sectors and gases. GHGs, primarily CO2, CH4, and N2O, are directly emitted as a result of stationary source combustion of natural gas in equipment such as water heaters, boilers, process heaters, and furnaces. GHGs are also emitted from mobile sources such as on-road vehicles and off-road construction equipment burning fuels such as gasoline, diesel, biodiesel, propane, or natural gas (compressed or liquefied). Indirect GHG emissions result from electric power generated elsewhere (i.e., power plants) used to operate process equipment, lighting, and utilities at a facility. Included in GHG quantification is electric power which is used to pump the water supply (e.g., aqueducts, wells, pipelines) and disposal and decomposition of municipal waste in landfills.24 Regulations and Significance Criteria State California Air Resources Board The California Air Resources Board (CARB) is responsible for the coordination and oversight of State and local air pollution control programs in California. Various statewide and local initiatives to reduce California’s contribution to GHG emissions have raised awareness about climate change and its potential for severe long-term adverse environmental, social, and economic effects. California is a significant emitter of CO2 equivalents (CO2e) in the world and produced 418.2 million gross metric tons of CO2e in 2019.25 In the State, the transportation sector is the 24 California Air Resources Board, Climate Change Scoping Plan, 2008. 25 California Air Resources Board, Current California GHG Emission Inventory.2021 Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 117 largest emitter of GHGs, followed by industrial operations such as manufacturing and oil and gas extraction. The State of California legislature has enacted a series of bills that constitute the most aggressive program to reduce GHGs of any state in the nation. Some legislation, such as the landmark Assembly Bill (AB) 32, California Global Warming Solutions Act of 2006, was specifically enacted to address GHG emissions. Other legislation, such as Title 24 building efficiency standards and Title 20 appliance energy standards, were originally adopted for other purposes such as energy and water conservation, but also provide GHG reductions. This section describes the major provisions of the legislation. Assembly Bill 32 (California Global Warming Solutions Act of 2006) AB 32 instructs the CARB to develop and enforce regulations for the reporting and verification of statewide GHG emissions. AB 32 also directed CARB to set a GHG emissions limit based on 1990 levels, to be achieved by 2020. It set a timeline for adopting a scoping plan for achieving GHG reductions in a technologically and economically feasible manner. CARB Scoping Plan CARB adopted the Scoping Plan to achieve the goals of AB 32. The Scoping Plan established an overall framework for the measures that would be adopted to reduce California’s GHG emissions. CARB determined that achieving the 1990 emissions level would require a reduction of GHG emissions of approximately 29 percent below what would otherwise occur in 2020 in the absence of new laws and regulations (referred to as “business-as-usual”). The Scoping Plan evaluates opportunities for sector-specific reductions, integrates early actions and additional GHG reduction measures by both CARB and the State’s Climate Action Team, identifies additional measures to be pursued as regulations, and outlines the adopted role of a cap-and-trade program. Additional development of these measures and adoption of the appropriate regulations occurred through the end of 2013. Key elements of the Scoping Plan include: • Expanding and strengthening existing energy efficiency programs, as well as building and appliance standards. • Achieving a statewide renewables energy mix of 33 percent by 2020. • Developing a California cap-and-trade program that links with other programs to create a regional market system and caps sources contributing 85 percent of California’s GHG emissions (adopted in 2011). • Establishing targets for transportation related GHG emissions for regions throughout California and pursuing policies and incentives to achieve those targets (several sustainable community strategies have been adopted). • Adopting and implementing measures pursuant to existing State laws and policies, including California’s clean car standards, heavy-duty truck measures, the Low Carbon Fuel Standard (amendments to the Pavley Standard adopted 2009; Advanced Clean Car Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 118 standard adopted 2012), goods movement measures, and the Low Carbon Fuel Standard (adopted 2009). • Creating targeted fees, including a public goods charge on water use, fees on gasses with high global warming potential, and a fee to fund the administrative costs of the State of California’s long-term commitment to AB 32 implementation. In 2016, the Legislature passed Senate Bill (SB) 32, which codifies a 2030 GHG emissions reduction target of 40 percent below 1990 levels. With SB 32, the Legislature passed companion legislation, AB 197, which provides additional direction for developing the Scoping Plan. On December 14, 2017, CARB adopted a second update to the Scoping Plan.26 The 2017 Scoping Plan details how the State will reduce GHG emissions to meet the 2030 target set by Executive Order B-30-15 and codified by SB 32. Other objectives listed in the 2017 Scoping Plan are to provide direct GHG emissions reductions; support climate investment in disadvantaged communities; and support the Clean Power Plan and other Federal actions. SB 375 (The Sustainable Communities and Climate Protection Act of 2008) Signed into law on September 30, 2008, SB 375 provides a process to coordinate land use planning, regional transportation plans, and funding priorities to help California meet the GHG reduction goals established by AB 32. SB 375 requires metropolitan planning organizations to include sustainable community strategies in their regional transportation plans for reducing GHG emissions, aligns planning for transportation and housing, and creates specified incentives for the implementation of the strategies. Executive Order B-30-15 Issued on April 29, 2015, Executive Order B-30-15 established a California GHG reduction target of 40 percent below 1990 levels by 2030 and directed CARB to update the Climate Change Scoping Plan to express the 2030 target in terms of million metric tons of CO2e (MMTCO2e). The 2030 target acts as an interim goal on the way to achieving reductions of 80 percent below 1990 levels by 2050, a goal set by Executive Order S-3-05. The executive order also requires the State’s climate adaptation plan to be updated every three years and for the State to continue its climate change research program, among other provisions. With the enactment of SB 32 in 2016, the Legislature codified the goal of reducing GHG emissions by 2030 to 40 percent below 1990 levels. Regional South Coast Air Quality Management District Thresholds The South Coast Air Quality Management District (SCAQMD) formed a GHG California Environmental Quality Act (CEQA) Significance Threshold Working Group, which last met in September 2010, to provide guidance to local lead agencies on determining significance for GHG emissions in their CEQA documents. Although the last Working Group did not adopt a threshold 26 California Air Resources Board, California’s 2017 Climate Change Scoping Plan. Accessed December 9, 2021. https://www.arb.ca.gov/cc/scopingplan/scoping_plan_2017.pdf. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 119 for evaluating GHG emissions for development projects where SCAQMD is not the lead agency, it developed a tiered approach for evaluating such emissions. With the tiered approach, the Project is compared with the requirements of each tier sequentially and would not result in a significant impact if it complies with any tier. Tier 1 excludes projects that are specifically exempt from SB 97 from resulting in a significant impact. Tier 2 excludes projects that are consistent with a GHG reduction plan that has a certified final CEQA document and complies with AB 32 GHG reduction goals. Tier 3 excludes projects with annual emissions lower than a screening threshold. The SCAQMD released draft guidance regarding interim CEQA GHG significance thresholds. Based on a 90 percent capture rate, SCAQMD adopted a threshold of 10,000 metric tons of CO2e (MTCO2e) per year for industrial projects on December 5, 2008. A threshold of 3,000 MTCO2e per year for residential/commercial projects was proposed but has not been formally adopted. Under this proposal, non-industrial projects that emit fewer than 3,000 MTCO2e per year would be assumed to have a less than significant impact on climate change. Tier 4 consists of three decision tree options. Under the Tier 4 first option, SCAQMD initially outlined that a project would be excluded if design features and/or mitigation measures resulted in emissions 30 percent lower than business as usual emissions. However, the Working Group did not provide a recommendation for this approach. The Working Group folded the Tier 4 second option into the third option. Under the Tier 4 third option, a project would be excluded if it was below an efficiency-based threshold of 4.8 MTCO2e per service population per year. Tier 5 would exclude projects that implement offsite mitigation (GHG reduction projects) or purchase offsets to reduce GHG emission impacts to less than the proposed screening level. GHG efficiency metrics are utilized as thresholds to assess the GHG efficiency of a project on a per capita basis or on a service population basis (the sum of the number of jobs and the number of residents provided by a project) such that a project would allow for consistency with the goals of AB 32 (i.e., 1990 GHG emissions levels by 2020 and 2035). GHG efficiency thresholds can be determined by dividing the GHG emissions inventory goal of the State, by the estimated 2035 population and employment. This method allows highly efficient projects with higher mass emissions to meet the overall reduction goals of AB 32, and is appropriate, because the threshold can be applied evenly to all project types (residential or commercial/retail only and mixed use). Southern California Association of Governments (SCAG) On September 3, 2020, SCAG’s Regional Council adopted Connect SoCal (2020 - 2045 Regional Transportation Plan/Sustainable Communities Strategy [2020 RTP/SCS]). The RTP/SCS charts a course for closely integrating land use and transportation so that the region can grow smartly and sustainably. The strategy was prepared through a collaborative, continuous, and comprehensive process with input from local governments, county transportation commissions, tribal governments, non-profit organizations, businesses, and local stakeholders within the counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura. The RTP/SCS Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 120 is a long-range vision plan those balances future mobility and housing needs with economic, environmental, and public health goals. The SCAG region strives toward sustainability through integrated land use and transportation planning. The SCAG region must achieve specific federal air quality standards and is required by state law to lower regional GHG emissions. Methodology The Project’s construction and operational emissions were calculated using the CalEEMod version 202.4.0. Details of the modeling assumptions and emission factors are provided in Appendix D. For construction, CalEEMod calculates emissions from off-road equipment usage and on-road vehicle travel associated with haul, delivery, and construction worker trips. GHG emissions during construction were forecasted based on the proposed construction schedule and applying the mobile-source and fugitive dust emissions factors derived from CalEEMod. The Project’s construction-related GHG emissions would be generated from off-road construction equipment, on-road hauling, and vendor (material delivery) trucks, and worker vehicles. The Project’s operations related GHG emissions would be generated by vehicular traffic, area sources (e.g., landscaping maintenance, consumer products), electrical generation, natural gas consumption, water supply and wastewater treatment, and solid waste and were quantified with CalEEMod. a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less than significant impact with mitigation. Short-Term Construction Greenhouse Gas Emissions The Project would result in direct emissions of GHGs from construction. The approximate quantity of emissions generated by construction equipment utilized to build the Project is depicted in Table 14, Construction-Related Greenhouse Gas Emissions. Table 14: Construction-Related Greenhouse Gas Emissions Category MTCO2e 2022 Construction 601.75 2023 Construction 323.67 Total Construction Emissions 924.42 30-Year Amortized Construction 30.85 Source: CalEEMod version 2016.3.2. Refer to Appendix D for model outputs. As shown in Table 14, the Project would result in the generation of approximately 924.42 MTCO2e over the course of construction. Construction GHG emissions are typically summed and amortized over the lifetime of the Project (assumed to be 30 years), then added to the operational emissions.27 The amortized Project construction emissions would 27 The project lifetime is based on the standard 30-year assumption of the South Coast Air Quality Management District (South Coast Air Quality Management District, Minutes for the GHG CEQA Significance Threshold Stakeholder Working Group #13, August 26, 2009). Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 121 be 30.85 MTCO2e per year. Once construction is complete, the generation of these GHG emissions would cease. Long-Term Operational Greenhouse Gas Emissions Operational or long-term emissions occur over the life of the Project. GHG emissions would result from direct emissions such as Project generated vehicular traffic, on-site combustion of natural gas, and operation of any landscaping equipment. Operational GHG emissions would also result from indirect sources, such as off-site generation of electrical power, the energy required to convey water to, and wastewater from the Project, the emissions associated with solid waste generated from the Project, and any fugitive refrigerants from air conditioning or refrigerators. Total GHG emissions associated with the Project are summarized in Table 15, Project Greenhouse Gas Emissions. As shown in Table 15, the unmitigated Project would generate approximately 2,141.44 MTCO2e annually from both construction and onsite operation and 2,273.79 MTCO2e from mobile sources (vehicles accessing the Project site), for a combined total of 4,415.23 MTCO2e per year which exceeds the City’s 3,000 MTCO2e per year threshold for mixed use projects. Therefore, mitigation measures (MM) GHG-1 through GHG-4 are required to reduce Project emissions to less than significant levels. MM GHG-1 requires the Project to meet or exceed CALGreen Tier 2 standards to improve energy efficiency and MM GHG-2 requires that 100 percent of the electricity used by the Project be generated by a renewable energy source. MM GHG-3 requires the implementation of a transportation demand management (TDM) program to reduce single occupant vehicle trips and encourage public transit. MM GHG-4 requires the Project to divert 75 percent of waste from landfills. Table 15: Project Greenhouse Gas Emissions Emissions Source MTCO2e per Year Unmitigated Mitigated Stationary Sources Area Source 0.01 0.01 Energy1,2 1,933.71 1,557.62 Renewable Energy3 0.0 -669.87 Waste4 124.26 31.07 Water and Wastewater 52.61 52.61 Construction Amortized Over 30 Years 30.85 30.85 Subtotal 2,141.44 1,002.29 Mobile Source5 2,273.79 1,883.31 Total 4,415.23 2,885.60 Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 122 Project Threshold 3,000 3,000 Exceeds Threshold? Yes No Note: 1 Energy emissions includes MTCO2e from both natural gas and electricity generation. 2 MM GHG-1 requires the Project to meet or exceed CALGreen tier 2 standards. 3 MM GHG-2 requires 100 percent electricity to come from renewable sources, electricity generation for the Project will not generate GHG emissions. 4 MM GHG-4 requires the Project to divert 75 percent of waste from landfills. 5 MM GHG-3 requires the Project to implement a TDM Program. Source: CalEEMod version 2020.4.0. Refer to Appendix A for model outputs. With the implementation of MM GHG-1 through GHG-4, Project emissions are reduced to 2,885.60 MTCO2e which is below the 3,000 MTCO2e per year threshold. However, these emissions are based on the original Project assumptions. As stated previously, the Project has been revised to decrease the total development size by 23,530 SF and decrease the number of daily trips vehicle trips by 180. Therefore, total GHG emissions for the Project will be lower than those presented in Table 15. Therefore, Project impacts with regard to GHG will be less than significant with mitigation. Mitigation Measures: MM GHG-1 Prior to the issuance of a building permit, the Project Applicant shall provide documentation to the City of Fontana demonstrating that the Project will meet or exceed 2019 CALGreen Tier 2 standards. MM GHG-2 The project shall install solar photovoltaic (PV) panels or other source of renewable energy generation on-site, or otherwise acquire energy from the local utility that has been generated by renewable sources (for example, Southern California Edison Green Rate), that would provide 100 percent of the expected building load. The building shall include an electrical system and other infrastructure sufficiently sized to accommodate the PV arrays. The electrical system and infrastructure must be clearly labeled with noticeable and permanent signage. MM GHG-3 Prior to issuance of occupancy permits, the Project operator shall prepare and submit a Transportation Demand Management (TDM) program detailing strategies that would reduce the use of single occupant vehicles by employees by increasing the number of trips by walking, bicycle, carpool, vanpool, and transit. The TDM shall include, but is not limited to the following: ▪ Carpooling encouragement ▪ Ride-matching assistance ▪ Preferential carpool parking ▪ Flexible work schedules for carpools ▪ Half time transportation coordinator ▪ Vanpool assistance Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 123 ▪ Promote bicycling and walking through design features such as secure bicycle storage, showers for employees, lockers, etc. around the project site. MM GHG-4 The development shall divert a minimum of 75 percent of landfill waste. The Project Applicant or its successor in interest shall only contract for waste disposal services within a company that recycles waste in compliance with AB 341. Provide interior and exterior storage areas for recyclables and adequate recycling containers located in public areas. Recycling bins in the storage areas shall be included to promote recycling of paper, metal, glass, and other recyclable material. These bins shall be emptied and recycled accordingly as part of the proposed Project’s regular solid waste disposal program. This measure shall be implemented prior to issuance of occupancy permit. Level of Significance: Less than significant impact with Mitigations incorporated. b) Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less Than Significant Impact with Mitigation Incorporated. SCAG 2020- 2045 RTP/SCS Consistency On September 3, 2020, SCAG’s Regional Council adopted Connect SoCal (2020 – 2045 Regional Transportation Plan/Sustainable Communities Strategy [2020 RTP/SCS]). The RTP/SCS is a long-range visioning plan that balances future mobility and housing needs with economic, environmental, and public health goals. The RTP/SCS embodies a collective vision for the region’s future and is developed with input from local governments, county transportation commissions, tribal governments, nonprofit organizations, businesses, and local stakeholders in the counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura. SCAG’s RTP/SCS establishes GHG emissions goals for automobiles and light-duty trucks for 2020 and 2035 as well as an overall GHG target for the Project region consistent with both the target date of AB 32 and the post-2020 GHG reduction goals of Executive Orders 5-03-05 and B-30-15. The RTP/SCS contains over 4,000 transportation projects, ranging from highway improvements, railroad grade separations, bicycle lanes, new transit hubs and replacement bridges. These future investments were included in county plans developed by the six county transportation commissions and seek to reduce traffic bottlenecks, improve the efficiency of the region’s network, and expand mobility choices for everyone. The RTP/SCS is an important planning document for the region, allowing project sponsors to qualify for federal funding. The plan accounts for operations and maintenance costs to ensure reliability, longevity, and cost effectiveness. The RTP/SCS is also supported by a combination of transportation and land use strategies that help the region achieve state GHG emissions reduction goals and Federal Clean Air Act (FCAA) requirements, preserve open space areas, improve public health and roadway safety, support our vital goods movement industry, and utilize resources more efficiently. GHG emissions resulting from development-related mobile Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 124 sources are the most potent source of emissions, and therefore Project comparison to the RTP/SCS is an appropriate indicator of whether the Project would inhibit the post-2020 GHG reduction goals promulgated by the state. The Project’s consistency with the RTP/SCS goals is analyzed in detail in Table 16, Regional Transportation Plan/Sustainable Communities Strategy Consistency. Table 16: Regional Transportation Plan/Sustainable Communities Strategy Consistency SCAG Goals Compliance GOAL 1 : Encourage regional economic prosperity and global competitiveness. N/A: This is not a project-specific policy and is therefore not applicable. However, the Project is located on a vacant site and development of the site would contribute to regional economic prosperity. GOAL 2 : Improve mobility, accessibility, reliability, and travel safety for people and goods. N/A: This is not a transportation improvement project and is therefore not applicable. GOAL 3 : Enhance the preservation, security, and resilience of the regional transportation system. N/A: This is not a transportation improvement project and is therefore not applicable. GOAL 4 : Increase person and goods movement and travel choices within the transportation system. N/A: This is not a transportation improvement project and is therefore not applicable. GOAL 5 : Reduce greenhouse gas emissions and improve air quality. Consiste nt: The Project is located within an urban area in proximity to existing transportation routes and freeways. Location of the project within a developed area would reduce trip lengths, which would reduce GHG and air quality emissions. GOAL 6 : Support healthy and equitable communities Consiste nt: The Project does not exceed localized thresholds. Projects that do not exceed the SCAQMD’s LSTs would not violate any air quality standards or contribute substantially to an existing or projected air quality violation and result in no criteria pollutant health impacts. GOAL 7 : Adapt to a changing climate and support an integrated regional development pattern and transportation network. N/A: This is not a project-specific policy and is therefore not applicable. GOAL 8 : Leverage new transportation technologies and data-driven solutions that result in more efficient travel. N/A: This is not a project-specific policy and is therefore not applicable. GOAL 9: Encourage development of diverse housing types in areas that are supported by multiple transportation options. N/A: The Project involves development of restaurants and hotels but does not include housing. The Project is located within a relatively short walking distance to local bus routes. Goal 10: Promote conservation of natural and agricultural lands and restoration of habitats. N/A: This the Project is located on a previously developed site and is not located on agricultural lands. Source: Southern California Association of Governments, Regional Transportation Plan/Sustainable Communities Strategy (Connect SoCal), 2020. The goals stated in the RTP/SCS were used to determine consistency with the planning efforts previously stated. As shown in Table 16 above, the proposed Project would be Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 125 consistent with the stated goals of the RTP/SCS. Therefore, the proposed Project would not result in any significant impacts or interfere with SCAG’s ability to achieve the region’s post-2020 mobile source GHG reduction targets. Consistency with the CARB Scoping Plan The California State Legislature adopted AB 32 in 2006. AB 32 focuses on reducing GHGs (CO2, CH4, N2O, HFCs, PFCs, and SF6) to 1990 levels by the year 2020. Pursuant to the requirements in AB 32, CARB adopted the Climate Change Scoping Plan (Scoping Plan) in 2008, which outlines actions recommended to obtain that goal. The Scoping Plan provides a range of GHG reduction actions that include direct regulations, alternative compliance mechanisms, monetary and non-monetary incentives, voluntary actions, market-based mechanisms such as the cap-and-trade program, and an AB 32 implementation fee to fund the program. The 2017 Scoping Plan Update identifies additional GHG reduction measures necessary to achieve the 2030 target. These measures build upon those identified in the first update to the Scoping Plan in 2013. Although a number of these measures are currently established as policies and measures, some measures have not yet been formally proposed or adopted. It is expected that these actions to reduce GHG emissions will be adopted as required to achieve statewide GHG emissions targets. As shown in Table 17, Project Consistency with Applicable CARB Scoping Plan Measures, the Project is consistent with most of the strategies, while others are not applicable to the Project. As such, impacts related to consistency with the Scoping Plan would be less than significant. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 126 Table 17: Project Consistency with Applicable CARB Scoping Plan Measures Scoping Plan Sector Scoping Plan Measure Implementing Regulations Project Consistency Transportation California Cap-and- Trade Program Linked to Western Climate Initiative Regulation for the California Cap on GHG Emissions and Market- Based Compliance Mechanism October 20, 2015 (CCR 95800) Not applicable The Cap-and-Trade Program applies to large industrial sources such as power plants, refineries, and cement manufacturers. However, the regulation indirectly affects people who use the products and services produced by these industrial sources when increased cost of products or services (such as electricity and fuel) are transferred to the consumers. The Cap-and-Trade Program covers the GHG emissions associated with electricity consumed in California, generated in-state, or imported. Accordingly, GHG emissions associated with CEQA projects’ electricity usage are covered by the Cap- and-Trade Program. The Cap-and-Trade Program also covers fuel suppliers (natural gas and propane fuel providers and transportation fuel providers) to address emissions from such fuels and combustion of other fossil fuels not directly covered at large sources in the Program’s first compliance period. California Light-Duty Vehicle GHG Standards Pavley I 2005 Regulations to Control GHG Emissions from Motor Vehicles Pavley I 2005 Regulations to Control GHG Emissions from Motor Vehicles Consistent. This measure applies to all new vehicles starting with model year 2012. The Project would not conflict with its implementation as it would apply to all new passenger vehicles purchased in California. Passenger vehicles, model year 2012 and later, associated with construction and operation of the Project would benefit from implementation of the Pavley emissions standards. 2012 LEV III California GHG and Criteria Pollutant Exhaust and Evaporative Emission Standards Consistent. The LEV III amendments provide reductions from new vehicles sold in California between 2017 and 2025. Passenger vehicles associated with the site would comply with LEV III standards. Low Carbon Fuel Standard 2009 readopted in 2015. Regulations to Achieve GHG Emission Reductions Subarticle 7. Low Carbon Fuel Standard CCR 95480 Consistent. This measure applies to transportation fuels utilized by vehicles in California. The Project would not conflict with implementation of this measure. Motor vehicles associated with construction and operation of the Project would utilize low carbon transportation fuels as required under this measure. Regional Transportation- Related GHG Targets. SB 375. Cal. Public Resources Code §§ 21155, 21155.1, 21155.2, 21159.28 Consistent. The Project would provide development in the region that is consistent with the growth projections in the RTP/SCS. Goods Movement Goods Movement Action Plan January 2007 Not applicable. The Project does not propose any changes to maritime, rail, or intermodal facilities or forms of transportation. Medium/Heavy-Duty Vehicle 2010 Amendments to the Truck and Bus Regulation, the Drayage Truck Regulation, and the Tractor-Trailer GHG Regulation Consistent. This measure applies to medium and heavy-duty vehicles that operate in the state. The Project would not conflict with implementation of this measure. High Speed Rail Funded under SB 862 Not applicable. This is a statewide measure that cannot be implemented by a project applicant or Lead Agency. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 127 Scoping Plan Sector Scoping Plan Measure Implementing Regulations Project Consistency Electricity and Natural Gas Energy Efficiency Title 20 Appliance Efficiency Regulation Consistent. The Project would not conflict with implementation of this measure. The Project would comply with the latest energy efficiency standards. Title 24 Part 6 Energy Efficiency Standards for Residential and Non- Residential Building Title 24 Part 11 California Green Building Code Standards Renewable Portfolio Standard/Renewable Electricity Standard. 2010 Regulation to Implement the Renewable Electricity Standard (33% 2020) Consistent. The Project would obtain electricity from PV panels or purchase it from Southern California Edison (SCE) which will be generated by 100 percent renewable sources. Million Solar Roofs Program SB 350 Clean Energy and Pollution Reduction Act of 2015 (50% 2030) Million Solar Roofs Program Tax Incentive Program Consistent. This measure is to increase solar throughout California, which is being done by various electricity providers and existing solar programs. The program provides incentives that are in place at the time of construction. Water Water Title 24 Part 11 California Green Building Code Standards Consistent. The Project would comply with the CalGreen standards, which requires a 20 percent reduction in indoor water use. The Project would also comply with the City’s Water-Efficient Landscaping Regulations (Chapter 28, Article IV of the Fontana Municipal Code). SBX 7-7—The Water Conservation Act of 2009 Model Water Efficient Landscape Ordinance Green Buildings Green Building Strategy Title 24 Part 11 California Green Building Code Standards Consistent. The State is to increase the use of green building practices. The Project would implement required green building strategies through existing regulation that requires the Project to comply with various CalGreen requirements. The Project includes sustainability design features that support the Green Building Strategy. Industry Industrial Emissions 2010 CARB Mandatory Reporting Regulation Not applicable. The Mandatory Reporting Regulation requires facilities and entities with more than 10,000 MTCO2e of combustion and process emissions, all facilities belonging to certain industries, and all electric power entities to submit an annual GHG emissions data report directly to CARB. As shown above, total Project GHG emissions would not exceed 10,000 MTCO2e. Therefore, this regulation would not apply. Recycling and Waste Management Recycling and Waste Title 24 Part 11 California Green Building Code Standards Consistent. The Project would not conflict with implementation of these measures. The Project is required to achieve the recycling mandates via compliance with the CALGreen code. The city has consistently achieved its state recycling mandates. AB 341 Statewide 75 Percent Diversion Goal Forests Sustainable Forests Cap and Trade Offset Projects Not applicable. The Project is not located in a forested area. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 128 Scoping Plan Sector Scoping Plan Measure Implementing Regulations Project Consistency High Global Warming Potential High Global Warming Potential Gases CARB Refrigerant Management Program CCR 95380 Not applicable. The regulations are applicable to refrigerants used by large air conditioning systems and large commercial and industrial refrigerators and cold storage system. The Project would not conflict with the refrigerant management regulations adopted by CARB. Agriculture Agriculture Cap and Trade Offset Projects for Livestock and Rice Cultivation Not applicable. No grazing, feedlot, or other agricultural activities that generate manure occur currently exist on-site or are proposed to be implemented by the Project. Source: California Air Resources Board, California’s 2017 Climate Change Scoping Plan, November 2017 and CARB, Climate Change Scoping Plan, December 2008. As seen in Table 16 and Table 17, the Project would be consistent with all applicable plan goals. As shown in Table 15, the Project’s long-term unmitigated operational emissions would exceed the City’s GHG threshold of 3,000 MTCO2e. Therefore, the Project shall be required to implement MM GHG-1 through MM GHG-4 which will reduce annual GHG emissions below the City’s GHG threshold. With mitigation, the Project’s GHG emissions would be reduced to a less than significant level. Regarding goals for 2050 under Executive Order S-3-05, at this time it is not possible to quantify the emissions savings from future regulatory measures, as they have not yet been developed; nevertheless, it can be anticipated that operation of the proposed Project would benefit from the implementation of current and potential future regulations (e.g., improvements in vehicle emissions, SB 100/renewable electricity portfolio improvements, etc.) enacted to meet an 80 percent reduction below 1990 levels by 2050. The majority of the GHG reductions from the Scoping Plan would result from continuation of the Cap-and-Trade regulation. Assembly Bill 398 (2017) extends the state’s Cap-and- Trade program through 2030 and the Scoping Plan provide a comprehensive plan for the state to achieve its GHG targets through a variety of regulations enacted at the state level. Additional reductions are achieved from electricity sector standards (i.e., utility providers to supply 60 percent renewable electricity by 2030 and 100 percent renewable by 2045), doubling the energy efficiency savings at end uses, additional reductions from the LCFS, implementing the short-lived GHG strategy (e.g., hydrofluorocarbons), and implementing the Mobile Source Strategy and Sustainable Freight Action Plan. Several of the State’s plans and policies would contribute to a reduction in mobile source emissions from the Project. These include CARB’s Advanced Clean Truck Regulation, Executive Order N-79-20, CARB’s Mobile Source Strategy, CARB’s Sustainable Freight Action Plan, and CARB’s Emissions Reduction Plan for Ports and Goods Movement. CARB’s Advanced Clean Truck Regulation requires truck manufacturers to transition from diesel trucks and vans to electric zero-emission trucks beginning in 2024. By 2045, every new truck sold in California is required to be zero-emission. The Advanced Clean Truck Regulation accelerates the transition of zero-emission medium-and heavy-duty vehicles Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 129 from Class 2b to Class 8. Executive Order N-79-20 establishes the goal for all new passenger cars and trucks, as well as all drayage/cargo trucks and off-road vehicles and equipment, sold in California, will be zero-emission by 2035 and all medium and heavy-duty vehicles will be zero-emission by 2045. It also directs CARB to develop and propose rulemaking for passenger vehicles and trucks, medium-and heavy-duty fleets where feasible, drayage trucks, and off-road vehicles and equipment “requiring increasing volumes” of new ZEVs “towards the target of 100 percent.” CARB’s Mobile Source Strategy includes increasing ZEV buses and trucks, and their Sustainable Freight Action Plan improves freight system efficiency, utilizes near-zero emissions technology, and deployment of ZEV trucks. This Plan applies to all trucks accessing the Project site and may include existing trucks or new trucks that are part of the statewide goods movement sector. CARB’s Emissions Reduction Plan for Ports and Goods Movement identifies measures to improve goods movement efficiencies such as advanced combustion strategies, friction reduction, waste heat recovery, and electrification of accessories. While these measures are not directly applicable to the Project, any commercial activity associated with goods movement would be required to comply with these measures as adopted. The Project would not obstruct or interfere with efforts to increase ZEVs or state efforts to improve system efficiency. As discussed above, with the implementation of MM GHG-1 through MM GHG-4, the Project’s long-term operational and short-term construction GHG emissions would not exceed the City’s threshold of 3,000 MTCO2e per year. Additionally, the Project would be consistent with applicable regulations and goals. Therefore, the Project would have a less than significant impact. Mitigation Measures: MM GHG-1 through MM GHG-4. Level of Significance: Less than significant impact with Mitigations incorporated. Cumulative Impacts Cumulative Setting Climate change is a global problem. GHGs are global pollutants, unlike criteria air pollutants and TACs, which are pollutants of regional and local concern. Whereas pollutants with localized air quality effects have relatively short atmospheric lifetimes (about one day), GHGs have much longer atmospheric lifetimes of one year to several thousand years that allow them to be dispersed around the globe. Cumulative Impacts An individual project of this size and nature is of insufficient magnitude by itself to influence climate. GHG impacts are recognized as exclusively cumulative impacts; there are no non- cumulative GHG emission impacts from a climate change perspective. The additive effect of Project-related GHGs would not result in a reasonably foreseeable cumulatively considerable Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 130 contribution to global climate change. As discussed above, with MM GHG-1 through MM GHG-4, the Project-related GHG emissions would not exceed the City’s threshold of 3,000 MTCO2e. Therefore, the Project would result in a less than significant cumulative GHG impact. Mitigation Measures: MM GHG-1 through MM GHG-4. Level of Significance: Less than significant impact with mitigation. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 131 HAZARDS AND HAZARDOUS MATERIALS ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 9. HAZARDS AND HAZARDOUS MATERIALS. Would the Project: a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? X b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X d) Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? X f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X g) Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? X a, b) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? And create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less than Significant Impact. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 132 Construction Potentially hazardous materials would be handled on-site during Project construction activities which generally include the handling gasoline, diesel fuel, lubricants, and other petroleum-based products used to operate and maintain construction equipment. Handling of these potentially hazardous materials would be temporary and limited to the Project’s construction phase. Although these materials could be temporally stored on-site, storage would of any of these materials would comply with the guidelines established by the County’s SWPPP and the Project’s WQMP (refer to Hydrology and Water Quality threshold discussion below). The transport, removal, and disposal of hazardous materials during construction would be conducted by a permitted and licensed service provider consistent with federal, state, and local requirements including the EPA, the California Department of Toxic Substances Control (DTSC), the California Occupational Safety and Health Administration (Cal/OSHA), Caltrans, the Resource Conservation and Recovery Act, and the San Bernardino County Fire Department (the Certified Unified Program Agency for San Bernardino County) or through the Conditionally Exempt Small Quantity Generator (CESQG) Program. In addition, the Project would also comply with federal, state, and local requirements involving the transport, handling, removal, and disposal of hazardous materials from the Project site which would be conducted by a permitted and licensed service provider. Construction impacts in this regard would be less than significant. Operations Potentially hazardous materials associated with Project operations would include stormwater pollutants caused by runoff created by landscaping maintenance and stormwater runoff from the parking areas. Landscaping maintenance best management practices (BMPs) would be implemented according to the SWPPP’s Stormwater BMPs which would reduce pesticides and fertilizers from running off off-site. Stormwater pollutants of concern from the parking lot area would be mitigated using water reclamation systems, and/or storm drain covers. Other stormwater hazardous materials such as sediment, metals, oils and grease, trash/debris and other organic compounds would be captured by the Project’s proposed infiltration basin system to avoid stormwater runoff from seeping off-site. Some examples of BMPs that the Project would implement include but are not limited to the following: • Discharge of fertilizers, pesticides, or animal wastes to public Right‐of‐Way (ROW) or storm drains are prohibited. • Blowing sweeping of debris (leaf litter, grass clippings, litter, etc.) into public ROW or storm drains is prohibited. • Trash receptacles shall have a watertight lid and be covered or sheltered by a roof. • Discharge of paint or masonry wastes to public ROW or storm drains are prohibited. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 133 • Discharges of grease waste to public ROW or storm drains is prohibited. • Do not use detergents or other chemical additives when washing concrete sidewalks or building exteriors. The Project will comply with applicable federal, state, and local agencies and regulations regarding the transport, use, and disposal of hazardous materials. Furthermore, as mandated by the OSHA, a Material Safety Data Sheet would be prepared, documenting any hazardous materials in the Project that would inform employees and first responders as to the necessary remediation procedures in the case of accidental release. Therefore, construction and operational impacts associated with hazardous materials would be less than significant. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Less than Significant. The proposed Project is not located within a one-quarter mile from an existing or proposed school. The closest school is A.B. Miller High School, located approximately 0.8-miles southeast from the Project site. Additionally, the proposed Project would not contain any uses that are known to emit hazardous emissions or handle hazardous or acutely hazardous material, substances, or waste. As discussed above, direct, and indirect release of hazardous materials would be contained on-site through the use of BMPs and compliance with any applicable local, state, and federal laws pertaining to hazardous waste handling. Lastly, the Project would adhere to the SWPPP and the CESQG program that would further reduce exposure to hazardous materials. Impacts are expected to be less than significant. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. d) Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact. Consistent with American Society for Testing and Materials (ASTM) International E1527-13, environmental databases and records were reviewed to determine whether the Project site or surrounding properties are included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 134 (“Cortese” list).28 Review indicated that the Project site is not included on the Cortese list, and no surrounding properties are identified on this list of hazardous materials sites. These findings are reinforced in the City’s General Plan which notes that “there are no Superfund sites within the City of Fontana.”29 Therefore, no impact would occur in this regard. Mitigation Measures: No mitigation is required. Level of Significance: No impact. e) Would the project for a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? No Impact. The Project site is not located within an airport land use plan nor is located within two miles of a private or public airport, or within the vicinity of a private airstrip. The Project is consistent with the City’s land use and zoning designations. The closest airport is the Ontario International Airport, located approximately 11.0-miles southwest. No impact would occur in this regard. Mitigation Measures: No mitigation is required. Level of Significance: No impact. f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less than Significant. The City identifies factors contributing to the high, widespread wildfire risk in the City; these include: Narrow and often one-lane and/or dead-end roads complicating evacuation and emergency response, nature and frequency of ignitions and increasing population density leading to more ignitions; slope of the foothills; and residential development along the foothills.30 Additionally, the County of San Bernardino has adopted an Emergency Operations Plan (EOP) to identify evacuation routes, emergency facilities, and City personnel and equipment available to effectively deal with emergency situations. No revisions to the adopted EOP would be required as a result of the proposed Project. The nearest fire station is the San Bernardino County Fire Station 78, located approximately 0.8-miles south of the site and would not be impacted because primary access to all major roads would be maintained during construction. The proposed Project would not be located on a one-lane or dead-end road, is not near a hillside, and does not involve residential development along foothills. Additionally, the 28 DTSC. 2021. Cortese List. Available at: https://www.envirostor.dtsc.ca.gov/public/search?cmd=search&reporttype=CORTESE&site_type=CSITES,FUDS&status=ACT,BKLG,COM&rep orttitle=HAZARDOUS+WASTE+AND+SUBSTANCES+SITE+LIST+%28CORTESE%29. Accessed March 16, 2021. 29 City of Fontana. 2015 – 2035 General Plan Update. Chapter 11, Noise and Safety - Hazards and Hazardous Materials, page 11.7. 30 City of Fontana. 2017. Local Hazard Mitigation Plan. Available at https://www.fontana.org/DocumentCenter/View/27141/HMP-Fontana- 2017-Final, accessed on March 16, 2021. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 135 Project would be located on Citrus Avenue, a designated local truck route31 which can carry a lot of traffic and is beneficial in the event of an emergency. Because the Project would not introduce hazardous conditions or development near the foothills, because the Project is served by a nearby County Fire Station, and because the Project would be located along a major corridor able to accommodate a large amount of traffic in case an emergency would occur, impacts would be less than significant. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. g) Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? Less Than Significant Impact. As noted above, the city is prone to wildland fires in the foothills. According to CalFire, the Project site is not located in either a Very High Fire Hazard Severity Zone (VHFHSZ), High Fire Hazard Severity Zone (HFHSZ), or Moderate Fire Hazard Severity Zone (MFHSZ) as designated in the VHFHSZ Map.32 As such, a less than significant impact would occur. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. Cumulative Impacts The incremental effects of the proposed Project related to hazards and hazardous materials, if any, are anticipated to be minimal, and any effects would be site-specific. Therefore, implementation of the proposed Project would not result in incremental effects to hazards or hazardous materials that could be compounded or increased when considered together with similar effects from other past, present, and reasonably foreseeable probable future projects. The proposed Project would not result in cumulatively considerable impacts to or from hazards or hazardous materials. 31 City of Fontana. 2015 – 2035 General Plan Update. Exhibit 9.7 - Truck Routes. Available at https://www.fontana.org/DocumentCenter/View/28271/Complete-Document---Approved-General-Plan-Documents-11-13-2018. Accessed on March 16, 2021. 32 CalFire. 2021. California Fire Hazard Severity Zone Viewer. Available at: https://gis.data.ca.gov/datasets/789d5286736248f69c4515c04f58f414. Accessed March 16, 2021. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 136 HYDROLOGY AND WATER QUALITY ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 10. HYDROLOGY AND WATER QUALITY. Would the Project: a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? X b) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the Project may impede sustainable groundwater management of the basin? X c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: X i) Result in substantial erosion or siltation on- or off- site? X ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? X iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? X iv) Impede or redirect flood flows? X d) Would the project be located in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? X e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? X A Water Quality Management Plan were prepared by Ace Design and Construction on July 13, 2021. Additionally, a Drainage Study was also prepared by Ace Design and Construction on August 7, 2021. The studies are included in this Initial Study as Appendices E and F respectively, and the results are summarized herein. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 137 Surface Water Hydrology The city is located within the Lower Lytle Creek Watershed, which forms the northwest portion of the Santa Ana River Watershed and drains the eastern portion of the San Gabriel Mountains. Daytime temperatures in the summer months frequently exceed 100 degrees in the lower watershed and are about 10 to 15 degrees cooler in the upper watershed. Winter temperatures can fall below freezing throughout the entire watershed. The lower watershed averages 15 to 20 inches of rain annually while the upper watershed averages 35 inches annually. The Lower Lytle Creek Watershed covers an area of approximately 186 square miles with a mean annual runoff of roughly 31,720-acre-feet (af). Lytle Creek is a tributary of Warm Creek, which in turn is a tributary to the Santa Ana River (SAR), joining the main stem of the river in the vicinity of Prado Dam.33 Water Supply and Wastewater Fontana’s drinking water supply comes from a combination of surface water, subsurface aquifers, and imported water from Northern California. Drinking water is provided to Fontana and its Sphere of Influence primarily by three agencies: the Fontana Water Company (FWC), Cucamonga Valley Water District (CVWD), and the West Valley Water District (WVWD). Two other water agencies, the Crawford Canyon Water District, and the Marygold Mutual Water company, provide water for small portions of the northern and eastern parts of Fontana. Wastewater services are supplied by a regional authority, the Inland Empire Utilities Agency, which also provides other services. Ground Water Fontana Water Company’s (FWC) water supplies are reliant on groundwater from the Chino Basin, Rialto-Colton Basin, and No Man’s Land Basin. FWC also purchases imported water supplies from the Inland Empire Utilities Agency (IEUA) and San Bernardino Valley Municipal Water District (SBVMWD). According to the FWC 2015 Urban Water Management Plan (UWMP), FWC’s groundwater wells have a total pumping capacity of approximately 50,000 gallons per minute (gpm) and booster pumping facilities have a total design pumping capacity of +115,000 gpm.34 Potential Recycled Water Recycled water is municipal wastewater that has been treated to a specified quality to enable it to be used again. Since recycled water demand is highly dependent on its level of treatment, recycled water demand is more selective than potable or raw water demand. FWC currently does not receive recycled water from IEUA but utilizes their recycled water distribution system to service their customers with recycled water. 33 City of Fontana. General Plan Update Draft Environmental Impact Report. 2015-2035. Hydrology and Water Quality. Available at https://www.fontana.org/DocumentCenter/View/26720/58-Hydrology-and-Water-Quality. Accessed March 16, 2021. 34 Fontana Water Company. (2015). Urban Water Management Plan; Page 3-2. Available at https://www.fontanawater.com/wp- content/uploads/2018/10/San-Gabriel-Fontana_Amended-Final-December-2017-1.pdf. Accessed March 16, 2021. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 138 a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Less Than Significant with Mitigation. The California Porter‐Cologne Water Quality Control Act (Section 13000 (“Water Quality”) et seq., of the California Water Code), and the Federal Water Pollution Control Act Amendment of 1972 (also referred to as the Clean Water Act (CWA)) require comprehensive water quality control plans be developed for all waters within the State of California. The Project’s WQMP was created to comply with the requirements of the City of Fontana and the NPDES Areawide Stormwater Program. The Project owner is responsible for the implementation of the provisions of this plan and will ensure that this plan is amended as appropriate to reflect up‐to‐date conditions on the site consistent with the County’s SWPPP and the intent of the NPDES Permit for San Bernardino County and the incorporated cities of San Bernardino County within the Santa Ana Region until the WQMP is transferred to the Project’s new owner. Construction of the proposed Project and offsite improvements would involve clearing, soil stockpiling, grading, paving, utility installation, building construction, and landscaping activities, which would result in the generation of potential water quality pollutants such as silt, debris, chemicals, paints, and other solvents with the potential to adversely affect water quality. As such, short‐term water quality impacts have the potential to occur during construction of the Project in the absence of any protective or avoidance measures. Proposed site improvements include impervious paving areas, storm drain system and with an underground infiltration area, two new hotels, two restaurants, and other commercial uses, including covered trash enclosures and other associated amenities. An underground infiltration system with two hydrodynamic separators for pre‐treatment are proposed for water quality treatment. Landscaping areas will be provided throughout the development. All landscape areas shall be equipped with efficient irrigation improvements and consists of landscaping consistent with the City’s Landscape Ordinance. Outdoor activities for the Project are expected to include driving vehicles, parking, walking, trash pickup, typical maintenance activities. To minimize water quality impacts, both construction and operational activities are required to comply with the BMPs included in the WQMP. The BMPs identified in the WQMP are derived from the San Bernardino County’s Municipal SWMP and are consistent with the General Permit for Stormwater Discharge Associated with Construction Activity (Construction Activity General Permit). The WQMP identifies structural and programmatic BMPs and controls to minimize, prevent, and/or otherwise appropriately treat stormwater runoff flows before they are discharged from the site. Mandatory compliance with the WQMP BMPs would ensure that the Project does not violate any water quality standards or waste discharge requirements during long‐term operation. Mitigation Measures: Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 139 The City of Fontana’s Public Works Department (PWD) has requested that the following MMs are completed prior to receiving Certificate of Occupancy or Permit Approval: MM HYD-1 All commercial facilities conducting the following activities: (restaurant, food processing facilities, facilities maintained for the processing, filtering, softening, or conditioning of water) shall submit an Industrial Wastewater Discharge Permit, Environmental Control (FMC 23-218). Additionally, prior to issuance of construction permits, the Project is subject to the following MM HYD-2 Any facility proposing the discharge of non-domestic wastewater to the sanitary sewer shall demonstrate in the plan check process, through the submittal of detailed plans showing pretreatment facilities and operating procedures, that the user will pretreat wastewater to a level required to comply with FMC 23-136 - Concentration Limitations and/or FMC 23-138 – Applicability of Federal Categorical Pretreatment Standards, and/or any other applicable standard as established (FMC 23-186). MM HYD-3 All commercial or industrial facilities within the following categories: (restaurants or other food processing facilities) must install a gravity separation interceptor to comply with the requirements of the Fontana Municipal Code (FMC Section 23- 190) unless the requirement is modified by a variance issued by the Public Works Manager. ▪ For all restaurants or other food processing facilities (FMC 23-163). Conditional waivers for the grease interceptor requirement may be granted by the Public Works Manager in accordance with section 23-52 for those restaurants or food processing facilities determined not to have adverse effects on the Publicly Owned Treatment Works (POTW). Water quality impacts associated with the Project would be less than significant with implementation of Mitigation Measures HYD-1 through HYD-4. Mitigation Measures: MMsHYD-1 through HYD-4. Level of Significance: Less than significant impact with Mitigations incorporated. b) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Less Than Significant Impact. The proposed Project would be served with potable water by FWC which receives ground water resources from Chino Basin, Rialto-Colton Basin, and No Man’s Land Basin and imported water supplies from external sources. These sources would be used to service the proposed Project. The Project would implement a storm drain Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 140 system with an underground infiltration area that would utilize five basins along Highland Avenue and one at the northeast corner of Citrus Avenue. Therefore, the Project’s demand for domestic water service would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. Therefore, impacts would be less than significant. Please refer to the following threshold for more information about the proposed storm drainage system. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) Result in substantial erosion or siltation on- or off-site? Less Than Significant Impact. In the existing conditions, the site is undeveloped and majority of the site drains in south direction and there is an average fall of around 8-10 feet through the width of the site towards South Highland Avenue. South Highland Avenue slopes from east to west. In the proposed condition, the site is divided into six drainage areas (DA's). The majority of overflow would run from the retention basins to the existing public storm drainage facility on southeast corner of the site. The grading for the Project site and Bio Retention basins is planned in such a way that overflow from Bio Retention basins from two thirds of the site area is routed to the existing storm drain manhole, located in the South-East corner of the site on Citrus Avenue via a network of onsite storm drains. Implementation of the Project would include improvements to the existing the storm drain system with underground infiltration area which includes five basins along Highland Avenue and one at the northeast corner of Citrus Avenue. The DAs functions are noted below: 1. DA No. 1 – This 29,852-sf area consists of western half of the Banquet Hall building, Parking, and landscaped area in West part of the Project site. This area is proposed to drain into the landscape area along the Southern West corner. A bio retention area No. 1 of 1,490 sf flat area without under drains is proposed in the landscaped area to provide the necessary water quality treatment to the storm runoff. The overflow from this bio retention area is proposed to drain to South-West corner of site to S Highland Avenue. 2. DA No. 2 – This 84,552-sf area consists of eastern half of Banquet Hall building, western half of Holiday Inn Express Hotel & Suites building, Parking and landscaped area of the Project site. This area is proposed to drain into the landscape area along the S Highland Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 141 Avenue. A bio retention area #2 of 2,992 sf flat area without under drains is proposed in the landscaped area to provide the necessary water quality treatment to the storm runoff. The overflow from this bio-retention area is proposed to drain to S Highland Avenue. 3. DA No. 3 – This 53,325-sf area consists of eastern half of Holiday Inn Express Hotel & Suites building, Parking and landscaped area of the Project site. This area is proposed to drain into the landscape area along the S Highland Avenue. A bio retention area No. 3 of 2,085 sf flat area without under drains is proposed in the landscaped area to provide the necessary water quality treatment to the storm runoff. The overflow from this bio-retention area is proposed to drain to S Highland Avenue. 4. DA No. 4 – This 124,235-sf area consists of Staybridge Suites building, western portion of Restaurant building, Parking, and landscaped area in the center of the Project site. This area is proposed to drain into the landscape area along the S Highland Avenue. A bio-retention area No. 4 of 4,790 sf flat area without under drains is proposed in the landscaped area to provide the necessary water quality treatment to the storm runoff. The overflow from this bio retention area will flow to on-site storm drain network connected to the existing drainage manhole in the Southeast corner of project site in Citrus Avenue. 5. DA No. 5 – This 14,652-sf area consists of northern portion of In-N-Out Burger Store building and landscaped area in North-East corner of the Project site. This area is proposed to drain into the landscape area along the corner of Citrus Avenue. A bio retention area No. 5 of 940 sf flat area without under drains is proposed in the landscaped area to provide the necessary water quality treatment to the storm runoff. The overflow from this bio retention area will flow to onsite storm drain network connected to the existing drainage manhole in the Southeast corner of Project site in Citrus Avenue. 6. DA No. 6 – This 71,924-sf area consists of southern portion of In-N-Out Burger Store building, eastern portion of Restaurant building, Parking, and landscaped area in eastern corner of the Project site. This area is proposed to drain into the landscape area along the intersection of S Highland Avenue and Citrus Avenue. A bio retention area No. 6 of 3,790 sf flat area without under drains is proposed in the landscaped area to provide the necessary water quality treatment to the storm runoff. The overflow from this bio retention area will flow to on-site storm drain network connected to the existing drainage manhole in the Southeast corner of Project site in Citrus Avenue. Applicable Best Management Practices (BMPs) on Form 4.1-1 Non-Structural Sources Control BMPs provided in the WQMP and landscape maintenance protocols also provided and recommended in the WQMP report that would help minimize soil erosion. Therefore, any existing downstream channel and conveyance system will not be at risk of increased erosion due to project site developments. Due to the Project’s improvements to Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 142 the existing storm drain system and with the implementation of the BMPs, impacts would be less than significant. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. ii) Would the project substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite? Less than Significant Impact. As discussed above, surface runoff in both construction and operation phases would not runoff in a manner which would result in flooding. Project design features pursuant to the BMPs within the WQMP, which includes a new drainage system, would reduce the rate of runoff from project activities. Furthermore, the site does not include any streams or rivers, that would be altered by the proposed Project. Therefore, impacts would be less than significant. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. iii) Would the project create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Less than Significant Impact. On‐site stormwater runoff associated with the Project would be engineered to be conveyed through the proposed drainage system and to the bio- detention basins located throughout the site. Additionally, runoff minimizing landscape would be implanted. The water quality management plan concludes that the project would not adequately treat and retain the runoff, consistent with the San Bernardino County Hydrology Manual requirements. Therefore, less than significant impacts would occur. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. iv) Would the project impede or redirect flood flows? Less Than Significant Impact. Runoff from this area ultimately sheet flows towards the south and southeastern property corner. According to the WQMP, soils are adequate for infiltration and can be amended to improve infiltration capacity. Site slope is less than 15 percent. According to the WQMP, the Project will provide enough landscape area and as such enough natural infiltration capacity in the soil, and there would be no impact from runoff. Additionally, the Project would not change existing flow patterns. The Project would not exceed runoff as the Project provides sufficient infiltration capacity as discussed above in Response 10 (C, i). Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 143 Considering the Project and improvements to the underground infiltration system, on-site flooding would not occur nor redirect flood flows. In addition, stormwater management practices as required under City of Fontana Municipal Code, Section 28-111.5 would further reduce any impacts to a less than significant level. Therefore, impacts would be less than significant without mitigation incorporated. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. d) Would the project be located in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? No Impact. The Project site is located over 40 miles inland from the Pacific Ocean. Additionally, the Project is not located in a designated flood hazard area and is not located near a large body of water prone to flood hazards that could produce seiche events. Given the distance from the coast, the potential for the Project site to be inundated by a tsunami is negligible. therefore, the risk of mudflow is also negligible. No associated impacts are anticipated to occur. Mitigation Measures: No mitigation is required. Level of Significance: No impact. e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Less Than Significant Impact. The proposed Project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. The Project would be subject to create WQMP via the County’s SWPPP, as part of the NPDES permitting requirements. Impacts would be less than significant. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. Cumulative Impacts The potential impacts related to hydrology and stormwater runoff are generally site-specific. As explained above, the proposed Project will take the required steps to reduce hydrologic and runoff impacts, and implementation of the proposed Project would not result in significant impacts. As a result, no cumulative impacts are anticipated. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 144 Land Use and Planning ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 11. LAND USE AND PLANNING. Would the Project: a) Would the project physically divide an established community? X b) Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? X a) Would the project physically divide an established community? No Impact. The Project area is vacant with scattered vegetation. The Project proposes the development of a multi-tenant commercial development consistent with the existing land use designation and zoning district. The Project site would serve the community as a gathering area for shopping, dining, and lodging. The Project would not divide an established community. Therefore, no impacts would occur. Mitigation Measures: No mitigation is required. Level of Significance: No impact. b) Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Less than Significant Impact. The Project has a land use designation of General Commercial (C-G) and is within the General Commercial (C-2) Zoning District. The proposed Project is consistent with the zoning, but it will require the approval of CUP No. 20-025 and CUP No. 20-026 to allow the development of the hotels. Therefore, development of the proposed Project would not conflict with the City’s land use plan, policy, or regulation and therefore, would be less than significant. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. Cumulative Impacts Implementation of the Project would not create a significant impact to the surrounding region since the proposed Project components would be consistent with current land use and zoning designations. As a result, no cumulative impacts related to land use and planning would occur. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 145 MINERAL RESOURCES ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 12. MINERAL RESOURCES. Would the Project: a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b) Would the project result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X Mineral Resources Existing Conditions A mineral resource is any naturally occurring rock material with commercial value. The most valuable mineral resource in the area would be sand and gravel deposits extending southward from the San Gabriel Mountains. The General Plan does not contain policies that conflict with the recovery of future mineral resources. Therefore, significant mineral resource deposits would be protected if discovered in the foreseeable future. a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. The Data Basin Map for California Mineral Resources does not designate the Project site as containing mineral resources. In addition, while some amount of sand and gravel may exist in the city limits, none are expected in the Project site. Therefore, since the Project is not designated for mineral resource recovery and does not contain any known mineral resources, no impact would occur. Mitigation Measures: No mitigation is required. Level of Significance: No impact. b) Would the project result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. There are no locally important mineral resource recovery sites delineated in the City’s General Plan. Consequently, the proposed Project would not have an effect on locally important mineral resources recovery site and therefore, no impact would occur. Mitigation Measures: No mitigation is required. Level of Significance: No impact. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 146 Cumulative Impacts The analysis of potential impacts indicates that no significant impacts would result from the proposed Project. As a result, no cumulative impacts related to mineral resources would occur. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 147 NOISE ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 13. NOISE. Would the Project result in: a) Would the generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b) Would the project generate excessive groundborne vibration or groundborne noise levels? X c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X A Noise Assessment was prepared by Kimley-Horn in December 2021. The Noise calculations are included in this Initial Study as Appendix G, and the results are summarized herein. The original Project assumptions for the preparation of the Noise Study assumed the development of approximately 195,906 square feet of commercial space, inclusive of 235 combined hotel rooms between two hotels (Holiday Inn and Staybridge Suites). Additionally, the model assumed 450 vehicle parking spaces. The model output with the original assumptions resulted in a less than significant impact on all aspects regarding potential impacts to Noise. The proposed Project has been revised to include the consolidation of the two hotels into a single shared building totaling 184 hotel rooms, the 4,973 of banquet hall square feet increase, and the increase in parking spaces to 455. Overall, the revised Project would decrease the total development area by 23,530 SF and decrease the number of daily vehicle trips by 180. As a result of the Project update, it was determined that no updates to the original analysis is necessary because the original analysis conducted is more conservative than the revised Project. As such, a Noise Consistency Analysis Memorandum noting the lesser impacts from implementation of the proposed Project due to the overall Project reduction during construction activities, operations, and vibration would continue to be less than significant and analysis is documented and presented along with the original Noise Study as Appendix G. Sound and Environmental Noise Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 148 Acoustics is the science of sound. Sound can be described as the mechanical energy of a vibrating object transmitted by pressure waves through a medium (e.g., air) to human (or animal) ear. If the pressure variations occur frequently enough (at least 20 times per second), they can be heard and are called sound. The number of pressure variations per second is called the frequency of sound and is expressed as cycles per second, or hertz (Hz). Noise is defined as loud, unexpected, or annoying sound. In acoustics, the fundamental model consists of a noise source, a receptor, and the propagation path between the two. The loudness of the noise source, obstructions, or atmospheric factors affecting the propagation path, determine the perceived sound level and noise characteristics at the receptor. Acoustics deal primarily with the propagation and control of sound. A typical noise environment consists of a base of steady background noise that is the sum of many distant and indistinguishable noise sources. Superimposed on this background noise is the sound from individual local sources. These sources can vary from an occasional aircraft or train passing by to continuous noise from traffic on a major highway. Perceptions of sound and noise are highly subjective from person to person. Measuring sound directly in terms of pressure would require a large range of numbers. To avoid this, the decibel (dB) scale was devised. The dB scale uses the hearing threshold of 20 micro- pascals (µPa) as a point of reference, defined as 0 db. Other sound pressures are then compared to this reference pressure, and the logarithm is taken to keep the numbers in a practical range. The dB scale allows a million-fold increase in pressure to be expressed as 120 dB, and changes in levels correspond closely to human perception of relative loudness. Noise Descriptors The dB scale alone does not adequately characterize how humans perceive noise. The dominant frequencies of a sound have a substantial effect on the human response to that sound. Several rating scales have been developed to analyze the adverse effect of community noise on people. Because environmental noise fluctuates over time, these scales consider that the effect of noise on people is largely dependent on the total acoustical energy content of the noise, as well as the time of day when the noise occurs. The equivalent noise level (Leq) represents the continuous sound pressure level over the measurement period, while the day-night noise level (Ldn) and Community Equivalent Noise Level (CNEL) are measures of energy average during a 24-hour period, with dB weighted sound levels from 7:00 p.m. to 7:00 a.m. Most commonly, environmental sounds are described in terms of Leq that has the same acoustical energy as the summation of all the time-varying events. The A weighted decibel (dBA) sound level scale gives greater weight to the frequencies of sound to which the human ear is most sensitive. Because sound levels can vary markedly over a short period of time, a method for describing either the average character of the sound or the statistical behavior of the variations must be utilized. Most commonly, environmental sounds are described in terms of an average level that has the same acoustical energy as the summation of all the time- varying events. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 149 The scientific instrument used to measure noise is the sound level meter. Sound level meters can accurately measure environmental noise levels to within about plus or minus 1 dBA. Various computer models are used to predict environmental noise levels from sources, such as roadways and airports. The accuracy of the predicted models depends on the distance between the receptor and the noise source. Mobile Sources The Acoustical Assessment examined existing roadway noise levels for the roadway segments in the proposed Project vicinity, which are displayed in the following Table 18, Existing Traffic Noise Levels. Table 18: Existing Traffic Noise Levels Roadway Segment ADT dBA CNEL 100 Feet from Roadway Centerline Highland Avenue Beech Avenue to Citrus Avenue 7,014 62.7 Citrus Avenue to Oleander Avenue 11,327 64.9 Citrus Avenue SR-210 to Highland Avenue 36,783 70.0 Highland Avenue to Walnut Avenue 28,628 68.9 ADT = average daily trips; dBA = A-weighted decibels; CNEL= Community Equivalent Noise Level 1. Traffic noise levels are at 100 feet from the roadway centerline. Source: Based on traffic data provided by Kimley-Horn and Associates, Inc., October 2021. Refer to Appendix B for traffic noise modeling results of the noise analysis. As depicted in Table 18 above, the existing traffic-generated noise level on Project-vicinity roadways currently ranges from 62.7 dBA CNEL to 70.0 dBA CNEL 100 feet from the centerline. As previously described, CNEL is 24-hour average noise level with a 5 dBA “weighting” during the hours of 7:00 p.m. to 10:00 p.m. and a 10 dBA “weighting” added to noise during the hours of 10:00 p.m. to 7:00 a.m. to account for noise sensitivity in the evening and nighttime, respectively. Stationary Sources The primary sources of stationary noise in the Project vicinity are those associated with the liquor store to the west and residential properties to the south of the Project. The noise associated with these sources may represent a single-event noise occurrence or short-term noise. Other noises include mechanical equipment (e.g., heating ventilation and air conditioning [HVAC] equipment), dogs barking, idling vehicles, and residents talking. Groundborne Vibration Sources of groundborne vibrations include natural phenomena (earthquakes, volcanic eruptions, sea waves, landslides, etc.) or man-made causes (explosions, machinery, traffic, trains, construction equipment, etc.). Vibration sources may be continuous (e.g., factory machinery) or transient (e.g., explosions). Ground vibration consists of rapidly fluctuating motions or waves Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 150 with an average motion of zero. Several different methods are typically used to quantify vibration amplitude. One is the peak particle velocity (PPV); another is the root mean square (RMS) velocity. The PPV is defined as the maximum instantaneous positive or negative peak of the vibration wave. The RMS velocity is defined as the average of the squared amplitude of the signal. The PPV and RMS vibration velocity amplitudes are used to evaluate human response to vibration. Table 19, Human Reaction and Damage to Buildings for Continuous or Frequent Intermittent Vibrations, displays the reactions of people and the effects on buildings produced by continuous vibration levels. The annoyance levels shown in the table should be interpreted with care since vibration may be found to be annoying at much lower levels than those listed, depending on the level of activity or the sensitivity of the individual. To sensitive individuals, vibrations approaching the threshold of perception can be annoying. Low-level vibrations frequently cause irritating secondary vibration, such as a slight rattling of windows, doors, or stacked dishes. The rattling sound can give rise to exaggerated vibration complaints, even though there is very little risk of actual structural damage. In high noise environments, which are more prevalent where groundborne vibration approaches perceptible levels, this rattling phenomenon may also be produced by loud airborne environmental noise-causing induced vibration in exterior doors and windows. Table 19: Human Reaction and Damage to Buildings for Continuous or Frequent Intermittent Vibrations Maximum PPV (in/sec) Vibration Annoyance Potential Criteria Vibration Damage Potential Threshold Criteria FTA Vibration Damage Criteria 0.008 -- Extremely fragile historic buildings, ruins, ancient monuments -- 0.01 Barely Perceptible -- -- 0.04 Distinctly Perceptible -- -- 0.1 Strongly Perceptible Fragile buildings -- 0.12 -- -- Buildings extremely susceptible to vibration damage 0.12 -- -- Non-engineered timber and masonry buildings 0.2 -- Historic and some old buildings -- 0.25 -- Older residential structures Engineered concrete and masonry (no plaster) 0.3 Severe -- -- 0.4 -- New residential structures, Modern industrial/commercial buildings Reinforced-concrete, steel, or timber (no plaster) 0.5 -- Extremely fragile historic buildings, ruins, ancient monuments -- PPV = peak particle velocity; in/sec = inches per second; FTA = Federal Transit Administration Source: California Department of Transportation, Transportation and Construction Vibration Guidance Manual, 2020 and Federal Transit administration, Transit Noise and Vibration Assessment Manual, 2018. Ground vibration can be a concern in instances where buildings shake, and substantial rumblings occur. However, it is unusual for vibration from typical urban sources such as buses and heavy trucks to be perceptible. Common sources for groundborne vibration are planes, trains, and construction activities such as earthmoving which requires the use of heavy-duty earth moving Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 151 equipment. For the purposes of this analysis, a PPV descriptor with units of inches per second (in/sec) is used to evaluate construction-generated vibration for building damage and human complaints. Noise-Sensitive Receptors Noise exposure goals for various types of land uses reflect the varying noise sensitivities associated with those uses. Noise sensitive uses typically include residences, hospitals, schools, childcare facilities, and places of assembly. Vibration sensitive receivers are generally like noise sensitive receivers but may also include businesses, such as research facilities and laboratories that use vibration-sensitive equipment. Sensitive land uses near the Project include single-family residential homes, approximately 105 feet to the south on the opposite side of S. Highland Avenue, single-family residential homes approximately 270 feet to the west on Highland Avenue, and a school, A.B. Miller High School, located approximately 1,600 feet to the southeast of the Project. Sensitive land uses nearest to the Project are shown in Table 20, Sensitive Receptors. Table 20: Sensitive Receptors Receptor Description Distance and Direction from the Project Single-Family Residences 105 feet to the south Single-Family Residences 270 feet to the west Fontana A.B. Miller High School 1,600 feet to the southeast Source: Google Earth, 2021. Regulatory Setting California Government Code. California Government Code Section 65302(f) mandates that the legislative body of each county and city adopt a noise element as part of its comprehensive general plan. The local noise element must recognize the land use compatibility guidelines established by the State Department of Health Services. The guidelines rank noise land use compatibility in terms of “normally acceptable,” “conditionally acceptable,” “normally unacceptable,” and “clearly unacceptable” noise levels for various land use types. Single-family homes are “normally acceptable” in exterior noise environments up to 60 CNEL and “conditionally acceptable” up to 70 CNEL. Multiple-family residential uses are “normally acceptable” up to 65 CNEL and “conditionally acceptable” up to 70 CNEL. Schools, libraries, and churches are “normally acceptable” up to 70 CNEL, as are office buildings and business, commercial, and professional uses. California Code of Regulations, Title 24. The State’s noise insulation standards are codified in the CCR, Title 24: Part 1, Building Standards Administrative Code, and Part 2, California Building Code. These noise standards are applied to new construction in California for the purpose of interior noise compatibility from exterior noise sources. The regulations specify that acoustical studies must be prepared when noise-sensitive structures, such as residential buildings, schools, or hospitals, are located near major transportation noise sources, and where such noise sources create an exterior noise level of 65 dBA CNEL or higher. Acoustical studies that accompany building plans must demonstrate that the structure has been designed to limit interior noise in Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 152 habitable rooms to acceptable noise levels. For new residential buildings, schools, and hospitals, the acceptable interior noise limit for new construction is 45 dBA CNEL. City of Fontana General Plan. Adopted on November 13, 2018, the Fontana General Plan identifies noise standards that are used as guidelines to evaluate transportation noise level impacts35. These standards are also used to assess the long-term traffic noise impacts on specific land uses. According to the General Plan, land uses such as residences have acceptable exterior noise levels of up to 65 dBA CNEL. Based on the guidelines in the General Plan, an exterior noise level of 65 dBA CNEL is generally considered the maximum exterior noise level for sensitive receptors. Land uses near these significant noise-producers can incorporate buffers and noise control techniques including setbacks, landscaping, building transitions, site design, and building construction techniques to reduce the impact of excessive noise. Selection of the appropriate noise control technique would vary depending on the level of noise that needs to be reduced as well as the location and intended land use. The city has adopted the Noise and Safety section as a part of the General Plan Update 2015-2035. The Noise and Safety section specifies the maximum allowable unmitigated exterior noise levels for new developments impacted by transportation noise sources. Additionally, the Noise and Safety section identifies transportation noise policies designed to protect, create, and maintain an environment free of harmful noise that could impact the health and welfare of sensitive receptors. The following Fontana General Plan goals, policies, and actions for addressing noise are applicable to the Project: Goal 8: The City of Fontana protects sensitive land uses from excessive noise by diligent planning through 2035. Policy 8.2: Noise-tolerant land uses shall be guided into areas irrevocably committed to land uses that are noise-producing, such as transportation corridors. Policy 8.4: Noise spillover or encroachment from commercial, industrial, and educational land uses shall be minimized into adjoining residential neighborhoods or noise- sensitive uses. Action C: The State of California Office of Planning and Research General Plan Guidelines shall be followed with respect to acoustical study requirements. Goal 9: The City of Fontana provides a diverse and efficiently operated ground transportation system that generates the minimum feasible noise on its residents through 2035. Policy 9.1: All noise sections of the State Motor Vehicle Code shall be enforced. 35 City of Fontana, General Plan, 2018. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 153 Policy 9.2: Roads shall be maintained such that the paving is in good condition and free of cracks, bumps, and potholes. Action A: On-road trucking activities shall continue to be regulated in the City to ensure noise impacts are minimized, including the implementation of truck-routes based on traffic studies. Action B: Development that generates increased traffic and subsequent increases in the ambient noise level adjacent to noise-sensitive land uses shall provide appropriate mitigation measures. Action D: Explore the use of “quiet pavement” materials for street improvements. Goal 10: Fontana’s residents are protected from the negative effects of “spillover” noise. Policy 10.1: Residential land uses, and areas identified as noise-sensitive shall be protected from excessive noise from non-transportation sources including industrial, commercial, and residential activities and equipment. Action A: Projects located in commercial areas shall not exceed stationary-source noise standards at the property line of proximate residential or commercial uses. Action B: Industrial uses shall not exceed commercial or residential stationary source noise standards at the most proximate land uses. Action C: Non-transportation noise shall be considered in land use planning decisions. Action D: Construction shall be performed as quietly as feasible when performed in proximity to residential or other noise-sensitive land uses. City of Fontana Municipal Code. Standards established under the City of Fontana Municipal Code (Municipal Code) are used to analyze noise impacts originating from the Project. Operational noise impacts are typically governed by Fontana Municipal Code Sections 18-61 through 18-67. However, the city currently relies on delineated general industrial areas. According to the General Plan Noise and Safety section, these areas are buffered from residential uses through land use zoning that places either light industrial or commercial uses between the major manufacturers involved in heavy industrial uses and local residents. This separation of land uses means noise intrusion on conforming land uses is not a problem at this time. Guidelines for non-transportation and stationary noise source impacts from operations at private properties are found in the Zoning and Development Code in Chapter 30 of the Fontana Municipal Code. Applicable guidelines indicate that no person shall create or cause any sound exceeding the City’s stated noise performance standards measured at the property line of any residentially zoned property. Per Fontana Municipal Code Section 30-543(A), the performance standards for exterior noise emanating from any property are 70 dBA between the hours of 7:00 a.m. and 10:00 p.m. and 65 dBA during the noise-sensitive hours of 10:00 p.m. to 7:00 a.m. at Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 154 residential uses. For this analysis, a 65-dBA nighttime noise level standard is conservatively used to analyze potential noise impacts at off-site residential receptors within the City of Fontana. The City has also set restrictions to control noise impacts from construction activities. Section 18-63(b)(7) states that the erection (including excavation), demolition, alteration, or repair of any structure shall only occur between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and between the hours of 8:00 a.m. and 5:00 p.m. on Saturdays, except in the case of urgent necessity or as otherwise approved by the City of Fontana. Although the Fontana Municipal Code limits the hours of construction, it does not provide specific noise level performance standards for construction. Methodology Construction Construction noise levels are based on typical noise levels generated by construction equipment published by the Federal Transit Administration (FTA) and FHWA. Construction noise was assessed in dBA Leq. This unit was appropriate because Leq can be used to describe noise level from operation of each piece of equipment separately, and levels can be combined to represent the noise level from all equipment operating during a given period. FHWA’s Roadway Construction Noise Model (RCNM) was used to estimate construction noise at nearby sensitive receptors. For modeling purposes, construction equipment has been distributed evenly between the center of the construction site and the nearest receptor. To be conservative, the loudest and most used equipment was placed nearest the sensitive receptor. Noise level estimates do not account for the presence of intervening structures or topography, which may reduce noise levels at receptor locations. Therefore, the noise levels presented herein represent a conservative, reasonable worst-case estimate of actual temporary construction noise. Operations The analysis of the Without Project and With Project noise environments is based on noise prediction modeling and empirical observations. Reference noise level data are used to estimate the Project operational noise impacts from stationary sources. Noise levels are collected from field noise measurements and other published sources from similar types of activities are used to estimate noise levels expected with the Project’s stationary sources. The reference noise levels are used to represent a worst-case noise environment as noise level from stationary sources can vary throughout the day. Operational noise is evaluated based on the standards within the City’s Noise Ordinance and General Plan. The Without Project and With Project traffic noise levels in the Project vicinity were calculated using the FHWA Highway Noise Prediction Model (FHWA-RD-77-108). Vibration Ground-borne vibration levels associated with construction-related activities for the Project were evaluated utilizing typical ground-borne vibration levels associated with construction equipment, Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 155 obtained from FTA published data for construction equipment. Potential ground-borne vibration impacts related to building/structure damage and interference with sensitive existing operations were evaluated, considering the distance from construction activities to nearby land uses and typically applied criteria for structural damage and human annoyance. a) Would the project generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant Impact. Construction Construction noise typically occurs intermittently and varies depending on the nature or phase of construction (e.g., land clearing, grading, excavation, paving). Noise generated by construction equipment, including earth movers, material handlers, and portable generators, can reach high levels. During construction, exterior noise levels could affect the residential neighborhoods surrounding the construction site, including the single- family residential homes located approximately 105 feet to the south on the opposite side of S. Highland Avenue. However, it is acknowledged that construction activities would occur throughout the Project site and would not be concentrated at a single point near sensitive receptors. Construction activities would include site preparation, grading, building construction, paving, and architectural coating. Such activities would require concrete/industrial saws, excavators, and dozers during demolition; dozers and tractors during site preparation; excavators, graders, and dozers during grading; cranes, forklifts, generators, tractors, and welders during building construction; pavers, rollers, mixers, and paving equipment during paving; and air compressors during architectural coating. Typical operating cycles for these types of construction equipment may involve 1 or 2 minutes of full power operation followed by 3 to 4 minutes at lower power settings. Other primary sources of acoustical disturbance would be random incidents, which would last less than one minute (such as dropping large pieces of equipment or the hydraulic movement of machinery lifts). Noise generated by construction equipment, including earth movers, material handlers, and portable generators, can reach high levels. Typical noise levels associated with individual construction equipment are listed in Table 21, Typical Construction Noise Levels. Noise levels at 105 feet, the distance to the nearest sensitive receptor from the construction area, are included in Table 21. Table 21: Typical Construction Noise Levels Equipment Typical Noise Level (dBA) at 50 feet from Source Typical Noise Level (dBA) at 105 feet from Source1 Air Compressor 81 75 Backhoe 80 74 Compactor 82 76 Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 156 Table 21: Typical Construction Noise Levels Equipment Typical Noise Level (dBA) at 50 feet from Source Typical Noise Level (dBA) at 105 feet from Source1 Concrete Mixer 85 79 Concrete Pump 82 76 Concrete Vibrator 76 70 Crane, Derrick 88 82 Crane, Mobile 83 77 Dozer 85 79 Generator 81 76 Grader 85 79 Impact Wrench 85 79 Jack Hammer 88 82 Loader 85 74 Paver 89 79 Pneumatic Tool 85 79 Pump 76 70 Roller 85 79 Saw 76 70 Scraper 85 79 Shovel 82 76 Truck 84 78 1. Calculated using the inverse square law formula for sound attenuation: dBA2 = dBA1+20Log(d1/d2) Where: dBA2 = estimated noise level at receptor; dBA1 = reference noise level; d1 = reference distance; d2 = receptor location distance Source: Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual, September 2018. The noise levels calculated in Table 22, Project Construction Noise Levels at Nearest Receptor, show estimated exterior construction noise without accounting for attenuation from physical barriers or topography. Table 22 depicts a worst-case scenario for each phase of construction. Construction equipment has been distributed evenly between the center of the construction site and the nearest receptor. To be conservative, the loudest equipment was placed nearest the sensitive receptor. However, during construction, equipment would operate throughout the Project site and the associated noise levels would not occur at a fixed location for extended periods of time. The City’s Municipal Code does not establish quantitative construction noise standards. Instead, the Municipal Code establishes limited hours of construction activities. Municipal Code Section 18-63 states that construction activities may only take place between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and between the hours of 8:00 a.m. and 5:00 p.m. on Saturdays, except in the case of urgent necessity or as otherwise approved by the City of Fontana. However, this analysis conservatively uses the FTA’s threshold of 80 dBA (8-hour Leq) for residential uses and 85 dBA (8-hour Leq) for non-residential uses to evaluate construction noise impacts.36 36 Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual, Table 7-2, Page 179, September 2018. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 157 Table 22: Project Construction Noise Levels at Nearest Receptor Construction Phase Modeled Exterior Construction Noise Level (dBA Leq) Noise Threshold (dBA Leq) Exceed Threshold? Demolition 76.8 80 No Site Preparation 74.7 80 No Grading 75.1 80 No Building Construction/ Paving/Architectural Coating 73.3 80 No Note: Equipment distributed evenly between the center of the construction site and the nearest sensitive receptor. Source: Federal Highway Administration, Roadway Construction Noise Model, 2006. Refer to Appendix G for noise modeling results. Compliance with the Municipal Code would minimize impacts from construction noise, as construction would be limited to daytime hours on weekdays and Saturdays. By following Municipal Code standards, Project construction activities would result in a less than significant noise impact. Operations Implementation of the proposed Project would create new sources of noise in the project vicinity. The major noise sources associated with the Project that would potentially impact existing nearby residences include stationary noise equipment (i.e., trash compactors, air conditioners, etc.); parking areas (i.e., car door slamming, car radios, engine start-up, and car pass-by); and off-site traffic noise. Mechanical Equipment The nearest sensitive receptors to the Project site are the residences 105 feet south of the Project site. Potential stationary noise sources related to long-term operation of the Project would include mechanical equipment. Mechanical equipment (e.g., heating ventilation and air conditioning [HVAC] equipment) typically generates noise levels of approximately 52 dBA at 50 feet.37 Based on Project site plans, the nearest potential location for a HVAC unit would be located approximately 175 feet from the nearest residential property. At that distance, HVAC noise levels would attenuate to approximately 41.1 dBA, which is well below the City’s 65 dBA noise standard for residential uses. Operation of mechanical equipment would not increase ambient noise levels beyond the acceptable compatible land use noise levels. Further, it is noted that noise from stationary sources at the Project site would primarily occur during the daytime activity hours of 7:00 a.m. to 10:00 p.m. Therefore, the proposed project would result in a less than significant impact related to stationary noise levels. Parking Noise The Project would provide 452 parking stalls, with most of the vehicle parking located on south end of the site, along S. Highland Avenue and Citrus Avenue. Parking is also provided throughout the site and between the various establishments. Traffic associated with parking lots is typically not of sufficient volume to exceed community noise standards, 37 Elliott H. Berger, Rick Neitzel, and Cynthia A. Kladden, Noise Navigator Sound Level Database with Over 1700 Measurement Values, 2015. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 158 which are based on a time-averaged scale such as the CNEL scale. The instantaneous maximum sound levels generated by a car door slamming, engine starting up, and car pass- bys range from 53 to 61 dBA.38 Conversations in parking areas may also be an annoyance to adjacent sensitive receptors. Sound levels of speech typically range from 33 dBA at 50 feet for normal speech to 50 dBA at 50 feet for very loud speech.39 It should be noted that parking lot noises are instantaneous noise levels compared to noise standards in the hourly Leq metric, which are averaged over the entire duration of a time period. As a result, actual noise levels over time resulting from parking lot activities would be far lower than the reference levels identified above. For the purpose of providing a conservative, quantitative estimate of the noise levels that would be generated from the vehicles entering and exiting the parking lot, the methodology recommended by FTA for the general assessment of stationary transit noise sources is used. Using the methodology, the Project’s peak hourly noise level that would be generated by the on-site parking levels was estimated using the following FTA equation for a parking lot: Leq(h) = SELref + 10 log (NA/1,000) – 35.6 Where: Leq(h) = hourly Leq noise level at 50 feet SELref = reference noise level for stationary noise source represented in sound exposure level (SEL) at 50 feet NA = number of automobiles per hour 35.6 is a constant in the formula, calculated as 10 times the logarithm of the number of seconds in an hour Based on the peak hour trip generation rates in the Traffic Study, approximately 364 trips during peak hours would be made to the Project site each day. Using the FTA’s reference noise level of 92 dBA SEL40 at 50 feet from the noise source, the Project’s highest peak hour vehicle trips would generate noise levels of approximately 52.0 dBA Leq at 50 feet from the parking lot. The nearest sensitive receptor is 125 feet from a parking area. Based strictly on distance attenuation, parking lot noise at the nearest receptor would be 44 dBA which is below the City’s residential noise standard. Therefore, noise impacts from parking lots would be less than significant. Off-Site Traffic Noise Implementation of the Project would generate increased traffic volumes along nearby roadway segments. According to the Traffic Impact Study, the proposed Project would generate 4,573 daily trips which would result in noise increases on Project area roadways. In general, a traffic noise increase of less than 3 dBA is barely perceptible to people, while 38 Kariel, H. G., Noise in Rural Recreational Environments, Canadian Acoustics 19(5), 3-10, 1991. 39 Elliott H. Berger, Rick Neitzel, and Cynthia A. Kladden. Noise Navigator Sound Level Database with Over 1700 Measurement Values, July 6, 2010. 40 Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual, September 2018. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 159 a 5-dBA increase is readily noticeable.41 Generally, traffic volumes on Project area roadways would have to approximately double for the resulting traffic noise levels to increase by 3 dBA. Therefore, permanent increases in ambient noise levels of less than 3 dBA are considered to be less than significant. Traffic noise levels for roadways primarily affected by the Project were calculated using the FHWA’s Highway Noise Prediction Model (FHWA-RD-77-108). Traffic noise modeling was conducted for conditions with and without the Project, based on traffic volumes from the Traffic Impact Analysis. As indicated in Table 23, Opening Year and Opening Year Plus Project Traffic Noise Levels, Opening Year Plus Project traffic-generated noise levels on Project area roadways would range between 65.0 dBA CNEL and 70.8 dBA CNEL at 100 feet from the centerline, and the Project would result in a maximum increase of 1.4 dBA CNEL along Highland Avenue. Noise impacts from off-site traffic would be less than significant. Table 23: Existing and Project Traffic Noise Levels Roadway Segment Opening Year Opening Year Plus Project Project Change from Existing Conditions Significant Impact? ADT dBA CNEL1 ADT dBA CNEL1 Highland Avenue Citrus Avenue to Cypress Avenue 8,495 63.6 11,926 65.0 1.4 No Cypress Avenue to Sierra Avenue 14,280 65.9 14,738 66.0 0.1 No Citrus Avenue SR-210 to Highland Avenue 42,254 70.6 44,541 70.8 0.2 No Highland Avenue to Walnut Avenue 32,473 69.4 33,159 69.5 0.1 No ADT = average daily trips; dBA = A-weighted decibels; CNEL= Community Equivalent Noise Level 1. Traffic noise levels are at 100 feet from the roadway centerline. Source: Based on traffic data provided by Kimley-Horn and Associates, Inc., October 2021. Refer to Appendix G for traffic noise modeling results. The Horizon Year “2040 Without Project” and “2040 Plus Project” scenarios were also compared. As shown in Table 24, Horizon Year and Horizon Year Plus Project Traffic Noise Levels, roadway noise levels would range between 67.2 dBA CNEL and 70.8 dBA CNEL at 100 feet from the centerline, and the Project would result in a maximum increase of 0.8 dBA CNEL. As such, the Project would result in an increase of less than 3.0 dBA CNEL for the roadway segments analyzed and traffic noise. Noise impacts from off-site traffic would be less than significant in this regard. Table 24: Horizon Year and Horizon Year Plus Project Traffic Noise Levels Roadway Segment Horizon Year (2040) Horizon Year (2040) Plus Project Project Change from No Build Conditions Significant Impact? ADT dBA CNEL1 ADT dBA CNEL1 Slover Avenue Citrus Avenue to Cypress Avenue 16,200 66.4 19,631 67.2 0.8 No 41 Federal Highway Administration, Highway Traffic Noise Analysis and Abatement Policy and Guidance, Noise Fundamentals, https://www.fhwa.dot.gov/environMent/noise/regulations_and_guidance/polguide/polguide02.cfm, accessed March 11, 2020. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 160 Table 24: Horizon Year and Horizon Year Plus Project Traffic Noise Levels Roadway Segment Horizon Year (2040) Horizon Year (2040) Plus Project Project Change from No Build Conditions Significant Impact? ADT dBA CNEL1 ADT dBA CNEL1 Cypress Avenue to Sierra Avenue 21,700 67.7 22,158 67.8 0.1 No Citrus Avenue SR-210 to Highland Avenue 42,254 70.6 44,541 70.8 0.2 No Highland Avenue to Walnut Avenue 32,473 69.4 33,159 69.5 0.1 No ADT = average daily trips; dBA = A-weighted decibels; CNEL= Community Equivalent Noise Level 1. Traffic noise levels are at 100 feet from the roadway centerline. Source: Based on traffic data provided by Kimley-Horn and Associates, Inc., October 2021. Refer to Appendix G for traffic noise modeling results. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. b) Would the project generate excessive groundborne vibration or groundborne noise levels? Less than Significant Impact. Increases in ground-borne vibration levels attributable to the proposed Project would be primarily associated with short‐term construction‐related activities. The Federal Transit Administration (FTA) has published standard vibration velocities for construction equipment operations in their 2018 Transit Noise and Vibration Impact Assessment Manual. The types of construction vibration impacts include human annoyance and building damage. The Federal Transit Administration (FTA) has published standard vibration velocities for construction equipment operations. In general, the FTA architectural damage criterion for continuous vibrations (i.e., 0.2 in/sec) appears to be conservative. The types of construction vibration impacts include human annoyance and building damage. Human annoyance occurs when construction vibration rises significantly above the threshold of human perception for extended periods of time. Building damage can be cosmetic or structural. Ordinary buildings that are not particularly fragile would not experience any cosmetic damage (e.g., plaster cracks) at distances beyond 30 feet. This distance can vary substantially depending on the soil composition and underground geological layer between vibration source and receiver. In addition, not all buildings respond similarly to vibration generated by construction equipment. For example, for a building that is constructed with reinforced concrete with no plaster, the FTA guidelines show that a vibration level of up to 0.20 in/sec is considered safe and would not result in any construction vibration damage. Table 25, Typical Construction Equipment Vibration Levels, lists vibration levels at 25 feet and 30 feet for typical construction equipment. Ground-borne vibration generated by construction equipment spreads through the ground and diminishes in magnitude with Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 161 increases in distance. As indicated in Table 25, based on FTA data, vibration velocities from typical heavy construction equipment operations that would be used during Project construction range from 0.003 to 0.089 in/sec PPV at 25 feet from the source of activity. Table 25: Typical Construction Equipment Vibration Levels Equipment Peak Particle Velocity at 25 Feet (in/sec) Peak Particle Velocity at 15 Feet (in/sec)1 Peak Particle Velocity at 35 Feet (in/sec)1 Large Bulldozer 0.089 0.1915 0.0537 Caisson Drilling 0.089 0.1915 0.0537 Loaded Trucks 0.076 0.1635 0.0459 Jackhammer 0.035 0.0753 0.0211 Small Bulldozer/Tractors 0.003 0.0065 0.0018 1. Calculated using the following formula: PPVequip = PPVref x (25/D)1.5, where: PPVequip = the peak particle velocity in in/sec of the equipment adjusted for the distance; PPVref = the reference vibration level in in/sec from Table 7-4 of the Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual, 2018; D = the distance from the equipment to the receiver. Source: Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual, 2018. The nearest structure is a small storage building associated with the liquor store located approximately 15 feet to the west of the active construction zone. Using the calculation shown in Table 25, at 15 feet the vibration velocities from construction equipment would not exceed 0.1915 in/sec PPV, which is below the FTA’s 0.20 in/sec PPV threshold for building damage. The nearest occupied building is the liquor store located approximately 35 feet from the active construction zone. At 35 feet, the vibration velocities from construction equipment would not exceed 0.0537 in/sec PPV, which is below the FTA’s 0.10 in/sec PPV annoyance threshold. It is also acknowledged that construction activities would occur throughout the Project site and would not be concentrated at the point closest to the nearest structure. Therefore, vibration impacts associated with the proposed Project would be less than significant. Once operational, the Project would not be a significant source of groundborne vibration. Groundborne vibration surrounding the Project currently result from heavy-duty vehicular travel (e.g., refuse trucks, heavy duty trucks, delivery trucks, and transit buses) on the nearby local roadways. Due to the rapid drop-off rate of ground-borne vibration and the short duration of the associated events, vehicular traffic-induced ground-borne vibration is rarely perceptible beyond the roadway right-of-way, and rarely results in vibration levels that cause damage to buildings in the vicinity. Impacts would be less than significant in this regard. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing, or working in the project area to excessive noise levels? Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 162 Less than Significant Impact. The nearest airport to the Project site is the Ontario International Airport located approximately 10 miles to the southwest. The Project is not within 2.0 miles of a public airport or within an airport land use plan. Additionally, there are no private airstrips located within the Project vicinity. Therefore, the Project would not expose people residing or working in the Project area to excessive airport- or airstrip-related noise levels and no mitigation is required. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. Cumulative Impacts Cumulative Construction Noise The Project’s construction activities would not result in a substantial temporary increase in ambient noise levels. Construction noise would be periodic and temporary noise impacts that would cease upon completion of construction activities. The Project would contribute to other proximate construction project noise impacts if construction activities were conducted concurrently. However, based on the noise analysis above, the Project’s construction-related noise impacts would be less than significant following the City of Fontana Municipal Code. Construction activities at other planned and approved projects near the Project site would be required to comply with applicable City rules related to noise and would take place during daytime hours on the days permitted by the applicable Municipal Code, and projects requiring discretionary City approvals would be required to evaluate construction noise impacts, comply with the City’s standard conditions of approval, and implement mitigation, if necessary, to minimize noise impacts. Construction noise impacts are by nature localized. Based on the fact that noise dissipates as it travels away from its source, noise impacts would be limited to the Project site and vicinity. Therefore, Project construction would not result in a cumulatively considerable contribution to significant cumulative impacts, assuming such a cumulative impact existed, and impacts in this regard are not cumulatively considerable. Cumulative Operational Noise Cumulative Off-Site Traffic Noise Cumulative noise impacts describe how much noise levels are projected to increase over existing conditions with the development of the proposed Project and other foreseeable projects. Cumulative noise impacts would occur primarily as a result of increased traffic on local roadways due to buildout of the proposed Project and other projects in the vicinity. Cumulative increases in traffic noise levels were estimated by comparing the Existing and Opening Year Without Project scenarios to the Opening Year Plus Project scenario. The traffic analysis considers cumulative traffic from future growth assumed in the transportation model, as well as cumulative projects. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 163 A project’s contribution to a cumulative traffic noise increase would be considered significant when the combined effect exceeds perception level (i.e., auditory level increase) threshold. The following criteria is used to evaluate the combined and incremental effects of the cumulative noise increase. • Combined Effect. The cumulative with Project noise level (“Opening Year With Project”) would cause a significant cumulative impact if a 3.0 dB increase over “Existing” conditions occurs and the resulting noise level exceeds the applicable exterior standard at a sensitive use. Although there may be a significant noise increase due to the proposed Project in combination with other related projects (combined effects), it must also be demonstrated that the Project has a cumulatively considerable incremental effect. In other words, a significant portion of the noise increase must be due to the proposed Project. • Incremental Effects. The “Opening Year With Project” causes a 1.0 dBA increase in noise over the “Opening Year Without Project” noise level. A significant impact would result only if both the combined and incremental effects criteria have been exceeded. Noise, by definition, is a localized phenomenon and reduces as distance from the source increases. Consequently, only the proposed Project and growth due to occur in the general area would contribute to cumulative noise impacts. Table 26, Cumulative Traffic Noise Levels identifies the traffic noise effects along roadway segments in the Project vicinity for “Existing,” “Opening Year Without Project,” and “Opening Year With Project,” conditions, including incremental and net cumulative impacts. Table 26: Cumulative Traffic Noise Levels Roadway Segment Existing (dBA CNEL) Opening Year Without Project (dBA CNEL) Opening Year With Project (dBA CNEL) Combined Effects Incremental Effects Cumulatively Significant Impact? Difference In dBA Between Existing and Opening Year With Project Difference In dBA Between Opening Year Without Project and Opening Year With Project Slover Avenue Citrus Avenue to Cypress Avenue 62.7 63.6 65.0 2.3 1.4 No Cypress Avenue to Sierra Avenue 64.9 65.9 66.0 1.1 0.1 No Citrus Avenue SR-210 to Highland Avenue 70.0 70.6 70.8 0.8 0.2 No Highland Avenue to Walnut Avenue 68.9 69.4 69.5 0.6 0.1 No ADT = average daily trips; dBA = A-weighted decibels; CNEL= Community Equivalent Noise Level Source: Based on traffic data provided by Kimley-Horn and Associates, Inc., October 2021. Refer to Appendix B for traffic noise modeling results. Table 26 identifies the traffic noise effects along roadway segments in the Project vicinity for “Existing,” “Opening Year Without Project,” and “Opening Year With Project,” conditions, including incremental and net cumulative impacts. Table 26 shows the increase for combined effects and incremental effects and none of the segments meet the criteria for cumulative noise Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 164 increase. The proposed Project would not result in long-term mobile noise impacts based on project-generated traffic as well as cumulative and incremental noise levels. Therefore, the proposed Project, in combination with cumulative background traffic noise levels, would result in a less than significant cumulative impact. The proposed Project’s contribution would not be cumulatively considerable. Cumulative Stationary Noise Stationary noise sources of the proposed Project would result in an incremental increase in non- transportation noise sources in the Project vicinity. However, as discussed above, operational noise caused by the proposed Project would be less than significant. Similar to the proposed Project, other planned and approved projects would be required to mitigate for stationary noise impacts at nearby sensitive receptors, if necessary. As stationary noise sources are generally localized, there is a limited potential for other projects to contribute to cumulative noise impacts. No known past, present, or reasonably foreseeable projects would combine with the operational noise levels generated by the Project to increase noise levels above acceptable standards because each project must comply with applicable City regulations that limit operational noise. Therefore, the Project, together with other projects, would not create a significant cumulative impact, and even if there was such a significant cumulative impact, the Project would not make a cumulatively considerable contribution to significant cumulative operational noises. Given that noise attenuates as it travels away from its source, operational noise impacts from on-site activities and other stationary sources would be limited to the Project site and vicinity. Thus, cumulative operational noise impacts from related projects, in conjunction with Project specific noise impacts, would not be cumulatively significant. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 165 POPULATION AND HOUSING ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 14. POPULATION AND HOUSING. Would the Project: a) Would the project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X b) Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? X Demographic Setting According to the Southern California Association of Governments (SCAG) 2019 Local Profiles Report, the City had a total population of 212,000 residents and approximately 52,251 homes with annual growth rate of 1.12%.42 The housing vacancy rate is estimated at 5.3 percent which is the percentage of all available units (e.g., houses or apartment complexes, that are vacant or unoccupied at a particular time).43 A low vacancy rate indicates that residents may have difficulty finding housing within their price range and/or a high supply of vacant units may indicate either the demand of desired or oversupplied units. A healthy vacancy rate is generally accepted at seven or eight percent while a low vacancy rate is about two percent. SCAG projects the city to grow in population to approximately 280,900 persons by 2040, that is a growth of 80,700 persons.44 a) Would the project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less Than Significant Impact. Implementation of the Project would require short-term construction workforce and a permanent operational workforce which could potentially induce population in the Project area. Total jobs in the city were 55,448 in 2017 (with largest job sector being the Education Sector at 28.4 percent). Jobs in the City are anticipated to grow to 70,800 by 2040.45 The 42 Southern California Association of Governments. (2019). Profile of the City of Fontana. Available at https://scag.ca.gov/sites/main/files/file- attachments/fontana_localprofile.pdf?1606014851. Accessed March 17, 2021. 43 State of California Department of Finance. (2020). E-5 Population and Housing Estimates – Organized by Geography. Excel document available at http://www.dof.ca.gov/Forecasting/Demographics/Estimates/e-5/. Accessed March 17, 2021. 44 Southern California Association of Governments. 2016. 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). Available at http://scagrtpscs.net/Pages/FINAL2016RTPSCS.aspx, accessed on March 17, 2021. 45 Southern California Association of Governments. 2016. 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). Available at http://scagrtpscs.net/Pages/FINAL2016RTPSCS.aspx. Accessed March 17, 2021. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 166 Project-related increase in employment would be minimal in comparison to the anticipated increase in the SCAG Demographics and Growth Forecast for the region. According to January 2021 data from the California Employment Development Department (EDD), the City of Fontana has an 8.2 percent unemployment rate, which is slightly lower than the County’s 8.6 percent unemployment rate46, and higher than the 6.8 percent National unemployment rate47. Therefore, the Project’s temporary and permanent employment requirements could likely be met by the City’s and County existing employment needs without people needing to relocate into the region due to the City’s high unemployment rate. The Project would not stimulate an unplanned population growth above what is assumed in local and regional land use plans. Therefore, impacts associated with population growth would be less than significant. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. b) Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? No Impact. The Project site is vacant land and therefore, would not displace substantial numbers of existing people or housing. No impacts would occur. Mitigation Measures: No mitigation is required. Level of Significance: No impact. 46 EDD. January 2021. Monthly Labor Force Data for Cities and Census Designated Placed (CDP) January 2021 – Preliminary Data Not Seasonally Adjusted. Available at https://www.labormarketinfo.edd.ca.gov/data/labor-force-and-unemployment-for-cities-and-census-areas.html. Accessed March 17, 2021. 47 EDD. January 2021. California and Los Angeles County and United States CPS Labor Force Data 2020 Benchmark. Available at https://www.labormarketinfo.edd.ca.gov/file/lfmonth/calpr.pdf. Accessed March 17, 2021. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 167 PUBLIC SERVICES ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 15. PUBLIC SERVICES. Would the Project: a) Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire protection? X ii) Police protection? X iii) Schools? X iv) Parks? X v) Other public facilities? X a) Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire protection? Less Than Significant Impact. Buildout of the Project would consequently increase the demand for fire protection services in Fontana. However, the Project would be developed in accordance with applicable city, county, and state regulations, codes, and policies pertaining to fire hazard reduction and protection. More specifically, the Project would be developed in accordance with the latest California 2019 Fire Code and 2019 Building Standards Code. All associated Project buildings would be equipped with emergency sprinkler systems and fire detectors. Water lines with fire-sufficient flows supplied by FWC would be connected to fire hydrants placed in accordance with Fontana Fire Protection District (FFPD) standards. The applicant is also required to pay Development Impact Fees (DIF) pursuant to Section 11-2 of the City’s Municipal Code which would help offset any additional fire protection demands. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 168 Fire protection and emergency response services would be provided for the Project site by the FFPD. The FFPD operates seven fire stations. Fire Station 78 at 7110 Citrus Avenue, Fontana is within a 0.8-mile south of the Project site. According to the Fontana Fire District Strategic Plan 201848, Action Item #9, would construct Station 81 in the Vicinity of Casa Grande Avenue and Sierra Avenue, which would be located approximately 1.8-miles northeast. The FFPD is currently working with a developer to acquire a finished lot for the construction of Station 81. The FFPD will continue to gather funds through its Fire Facilities Fees until such a future time as more development in the area warrants the acquisition of property and construction of Station 81. Development of Fire Station 81 would decrease the response time since it would provide additional fire suppression support to the general area. With compliance of the applicable City, and state regulations and codes, potential impacts on fire services from implementation of the Project would be less than significant. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. ii) Police protection? Less Than Significant Impact. Project buildout would consequently increase the demand for police protection services in the city and would be served by the City of Fontana Police Department (FPD) at 17005 Upland Avenue, Fontana, located approximately 2.7 miles southeast of the Project site. The FPD currently has 188 sworn officers providing law enforcement services 24 hours a day, 365 days a year with a “one officer to 1,000 residents” ratio. The Project would provide safety features and main emergency access Interstate 210 (I-210 via Citrus Avenue to the north. The Project would also comply with the FPD’s Standard Building Security Specifications and Crime Prevention through Environmental Design principles (C.P.T.E.D) which include natural surveillance, natural access control, territorial reinforcements and maintenance and management. The applicant is also required to pay Development Impact Fees toward police services per the City’s Municipal Code. With compliance of the applicable specifications and design principles pursuant to the FPD’s C.P.T.E.D, continued maintenance of an approximately one officer to 1,000 resident ratio, and the payment of associated DIF, additional police services are not necessary and potential impacts on police protection due to implementation of the Project would be less than significant. 48 City of Fontana. 2018. Fontana Fire Protection District Strategic Plan 2018. Accessible at file:///C:/Users/ruben.salas/Downloads/Fontana_Fire_Protection_District_Strategic_Plan_2018%20(1).pdf. Accessed March 17, 2021. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 169 Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. iii) Schools? Less Than Significant Impact. The Project site is in the Fontana Unified School District. A.B Miller High School is located 0.8-mile south from the Project site. As shown in Threshold, Population and Housing above, the City’s population is anticipated to grow to 280,900 residents by 2040 as anticipated at a regional level. Although the Project could draw new residents due to short-term construction and long-term operation, population growth is accounted for in the City’s General Plan and the Project would be consistent with the land use and zoning designations. Furthermore, because the Project is not proposing housing, no new school facilities would be anticipated to be required. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. iv) Parks? Less Than Significant Impact. The Project would not significantly induce population growth that would require the need to develop additional parks. Therefore, a less than significant would occur. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. v) Other public facilities? Less Than Significant Impact. Other public facilities in the area would not be adversely impacted because the Project would not produce a substantial increase in population that would require additional public facilities. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. Cumulative Impacts The proposed Project combined with other future projects planned in the area would collectively increase demand for government services including police, fire, schools, and parks. Each reasonably foreseeable action approved by the City would be consistent with the goals, policies, and objectives of the GP and of each respective jurisdiction. Similarly, all cumulative projects are required to demonstrate the availability of services or mitigate accordingly. Therefore, the present, and future projects in the City would not result in a cumulative impact related to the provision of public services with implementation of any project specific mitigation measures and payment of associated DIF. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 170 RECREATION ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 16. RECREATION. Would the Project: a) Would the Project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b) Does the Project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X a) Would the Project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? No Impact. The Project would not significantly induce population growth that would require the need to develop additional parks. Therefore, a less than significant would occur. Mitigation Measures: No mitigation is required. Level of Significance: No impact. b) Does the Project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? No Impact. The proposed Project does not include, nor does it require the construction of recreational areas. Therefore, no impact would occur. Mitigation Measures: No mitigation is required. Level of Significance: No impact. Cumulative Impacts The Project would not result in an increased use of recreational facilities nor requires construction or expansion of existing recreational facilities. Therefore, no cumulative impacts on recreational facilities would result from Project implementation. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 171 TRANSPORTATION ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 17. TRANSPORTATION. Would the Project: a) Would the project conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? X b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? X c) Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X d) Would the project result in inadequate emergency access? X A Traffic Impact Analysis was prepared for this Project in October 2021 by Kimley-Horn and Associates. The traffic analysis is included in this document as Appendix H. Additionally, a Shared Parking Assessment Memorandum was also prepared by Kimley-Horn and it is provided as Appendix I, and the results are summarized herein. a) Would the project conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? Less Than Significant Impact. The Project is consistent with the City’s General Plan and zoning designations, and as such, the Project is consistent with the goals and policies for the type of development proposed by the Project. There is nothing about the design of the proposed Project that would conflict with the circulation system, bicycle, mass transit, or pedestrian facilities. Additionally, the Project would be required to comply with any applicable traffic and circulation regulation set forth by the City. As such, a less than significant impact would occur. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 172 Less Than Significant Impact. Section 15064.3, Determining the Significance of Transportation Impacts, of the CEQA Guidelines describes specific considerations for evaluating a project’s transportation impacts. Section 15064.3(b) includes criteria for analyzing transportation impacts. The VMT, which focuses on the overall miles traveled by vehicles within a region, is the new metric for transportation analysis and has replaced automobile delay (Level of Service -LOS), which is no longer used as a criterion for determining a significant environmental effect under CEQA (City of Fontana, 2020). For land use projects, “Vehicle miles traveled (VMT) exceeding an applicable threshold of significance may indicate a significant impact.” (CEQA Guidelines § 15064.3). On June 9, 2020, the City of Fontana adopted VMT Thresholds for determining transportation impacts pursuant to the CEQA Guidelines. This adoption was required by Senate Bill (SB) 743 and the recent changes to Section 15064.3 of the CEQA Guidelines. For the purpose of CEQA analysis of VMT and traffic impacts associated with projects proposed in the City of Fontana, the city also adopted Traffic Impact Analysis Guidelines for VMT and Level of Service Assessment (City of Fontana, October 2020). The City’s Traffic Impact Analysis Guidelines for VMT Assessment provides project screening criteria and guidance for analysis of VMT assessments. The following VMT screening criterion was utilized for the proposed project. Vehicle Miles Traveled Screening This analysis was prepared to document the VMT analysis for the Fontana Square Project following the OPR Technical Advisory (December 2018) and the San Bernardino County Transportation Authority (SBCTA) Recommended VMT Guidelines. Section 15064.3(b) Criteria for Analyzing Transportation Impacts states the following: Land Use Projects. Vehicle miles traveled exceeding an applicable threshold of significance may indicate a significant impact. Generally, projects within one-half mile of either an existing major transit stop or a stop along an existing high-quality transit corridor should be presumed to cause a less than significant transportation impact. Projects that decrease vehicle miles traveled in the project area compared to existing conditions should be presumed to have a less than significant transportation impact. Screening thresholds are broken into the following steps: 1. Transit Priority Area (TPA) Screening 2. Low VMT Area Screening 3. Low Project Type Screening 4. Project Net Daily Trip Less Than 500 ADT Screening A land use project needs only meet one of the above screening thresholds to be presumed to result in not a significant impact under CEQA pursuant to SB 743. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 173 OPR provides details on appropriate screening thresholds that can be used to identify when a proposed land use project is anticipated to result in a less-than-significant impact without conducting a more detailed level analysis. Transit Priority Area (TPA) Screening As described in the OPR Guidelines, projects located within half mile from an existing major transit stop or within half of a mile from an existing stop along a high-quality transit corridor can be screened out. Based on San Bernardino County Transportation Authority (SBCTA) VMT Screening Tool, the Project is not located in a Transit Priority Area (TPA). As such, the TPA screening threshold is not met. Low VMT Area Screening The Project is in a Low VMT zone. Based on the SBCTA VMT Screening tool, a project is considered to be below the County VMT threshold if it is at least 15% below the County VMT threshold, which as shown in Table 27, SBCTA VMT Screening Tool Results, it is 33.2. As such, 15% below the County VMT threshold would be 28.2, as shown below Table 27 – SBCTA VMT Screening Tool Results Threshold Option Jurisdiction VMT (15%) VMT Threshold Project VMT Potentially Significant? OD VMT per Service Population 33.2 28.2 25.7 No As noted in Table 27 above, the project’s VMT is 25.7, which is below the VMT threshold of 28.2 which would satisfy the City’s requirement of the project being in a low VMT area, as the project traffic analysis zone (TAZ) VMT is at least 15% below the County’s VMT average. Land Use Type Screening The OPR and SBCTA VMT Guidelines identify that Project types falling under the screening criteria include the following: • K-12 Schools • Local-serving retail less than 50,000 square feet • Local parks • Daycare centers • Local serving gas stations • Local serving banks • Local serving hotels (e.g., non-destination hotels) Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 174 • Student housing Projects on or adjacent college campuses • Local-serving assembly uses, Community Institutions • Local serving community colleges • Affordable or supportive housing, Assisted living facilities, Senior housing • Projects generating less than 110 daily vehicle trips Based on the Project types above, all Project land uses have been identified as having the presumption of a less-than-significant impact. The proposed Holiday Inn Express Hotel and Staybridge Suites are expected to operate as local serving hotels. The proposed banquet hall is expected to operate as local serving assembly use. The proposed 5,000 SF sit-down restaurant and 3,885 SF In-N-Out Burger are less than 50,000 SF and are expected to operate as local-serving retail. They are not anticipated to lead to longer trips, thus reducing or maintaining regional VMT. As such, the Low Project Type Screening threshold is met. Based on the Low VMT Area and Low Project Type Screening criteria, the Project may be presumed to create a less-than-significant transportation impact. Project Net Daily Trips Less Than 500 ADT Screening Projects that generate fewer than 500 average daily trips (ADT) would not cause a substantial increase in the total citywide or regional VMT and are therefore presumed to have a less-than significant impact on VMT. The Project is estimated to generate more than 500 average daily trips. As such, the Project Net Daily Trip Less Than 500 ADT screening threshold is not met. However, based on the Low VMT Area and Low Project Type Screening criteria, the Project may be presumed to create a less-than-significant transportation impact. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. c) Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact. The design features of the proposed Project do not incorporate any hazardous or incompatible features. Vehicular access for the Project site would be via three driveways on Highland Avenue and one full-movement driveway on Catawba Avenue. The driveways on Highland Avenue would consist of one unsignalized full-movement driveway (across from Jacaranda Avenue), one full-movement signalized driveway (across from Tokay Avenue), and one unsignalized right-in-right-out (RIRO) driveway (across from Cherimoya Avenue). Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 175 The drive aisles/fire lanes within the Project site have been designed to be both efficient and safe for vehicular traffic. Additionally, the Project would not be an incompatible use, nor would it be hazardous due to its design. Therefore, no impact would occur. Mitigation Measures: No mitigation is required. Level of Significance: No impact. d) Would the project result in inadequate emergency access? Less Than Significant Impact. Refer to Response (c), above. Project design features and ingress and egress are developed to comply with all relevant emergency regulations. Additionally, construction of the Project is not expected to require road closures or otherwise adversely affect emergency access around the site perimeter. As a standard practice, if road closures (complete or partial) were necessary, the Police and Fire Departments would be notified of the construction schedule and any required detours would allow emergency vehicles to use alternate routes for emergency response. Additionally, as noted in the Shared Parking Assessment, the shared parking synergies, and fluctuations in peak parking patterns on a monthly, daily, and hourly basis, the parking demand for the combination of land uses would be accommodated with the proposed parking supply and emergency access would not be affected. The impact on emergency access would be less than significant. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. Cumulative Impacts The proposed Project would not result in a significant VMT impact because the project is anticipated to generate VMT levels 15 percent below the Jurisdiction VMT Threshold, and thus, would also not result in a cumulative VMT impact. Therefore, no cumulative impacts related to transportation would result from Project implementation. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 176 TRIBAL CULTURAL RESOURCES ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 18. TRIBAL CULTURAL RESOURCES. Would the Project: a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? X ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe? X a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe? Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 177 Less Than Significant Impact with Mitigation. The city completed the Assembly Bill (AB) 52 tribal consultation for the proposed Project. In March 2021, the city initiated tribal consultation with interested California Native American tribes consistent with AB52. The city requested consultation from the following tribes: the Gabrieleño Band of Mission Indians – Kizh Nation (Gabrieleño), San Manuel Band of Mission Indians (San Manuel), Soboba Band of Luiseño Indians, Torres Martinez Desert Cahuilla Indians, and the San Gabriel Band of Mission Indians. As part of the cultural resources research conducted, records search results conducted by SCCIC staff using data on file at California State University, Fullerton indicate that 24 previous cultural resources assessments have been conducted within a 0.5-mile radius of the Project site, resulting in the recordation of 24 historic-period cultural resources. Of these, one cultural resources assessment (SB-2621) has assessed the Project site and no cultural resources have been previously identified within the Project site. The records search results are summarized in Table 13. A utility alignment (KIM2104-H-1) was identified by the Cultural Resources Assessment. However, based on the significance criteria discussed in Section 5, Cultural Resources, the alignment does not meet any of the significance criteria and does not qualify as a historical resource. As such, the Project site is not listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k). As part of the Tribal Consultation process, Gabrieleño requested further consultation with the city to discuss the site’s potential to host tribal cultural resources. Consultation occurred on March 15, 2021. At the conclusion of the consultation, the Gabrieleño Band of Mission Indians – Kizh Nation provided information supporting the need for the implementation of MMs due to the potential for tribal cultural resources to be discovered during site’s soil excavation. With implementation of MMs TCR-1 through TCR-3, impacts to tribal cultural resources would be considered less than significant. Mitigation Measures MM TCR-1 Retain a Native American Monitor to Commencement of Ground-Disturbing Activities A. The project applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). “Ground- disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 178 B. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity. C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon written request to the Tribe. D. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs. E. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. MM TCR-2 Unanticipated Discovery of Human Remains and Associated Funerary Objects A. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. B. If Native American human remains and/or grave goods discovered or recognized on the project site, then all construction activities shall immediately cease. Health and Safety Code Section 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all ground- disturbing activities shall immediately halt and shall remain halted until the coroner has determined the nature of the remains. If the coroner recognizes the human Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 179 remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission, and Public Resources Code Section 5097.98 shall be followed. C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). D. Construction activities may resume in other parts of the project site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the Kizh determines in its sole discretion that resuming construction activities at that distance is acceptable and provides the project manager express consent of that determination (along with any other mitigation measures the Kizh monitor and/or archaeologist deems necessary). (CEQA Guidelines Section 15064.5(f).) E. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any historic archaeological material that is not Native American in origin (non-TCR) shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes. F. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. MM TCR-3 Procedures for Burials and Funerary Remains: A. As the Most Likely Descendant (“MLD”), the Koo-nas-gna Burial Policy shall be implemented. To the Tribe, the term “human remains” encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains. B. If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created. C. The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations will either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 180 D. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard shall be posted outside of working hours. The Tribe will make every effort to recommend diverting the project and keeping the remains in situ and protected. If the project cannot be diverted, it may be determined that burials will be removed. E. In the event preservation in place is not possible despite good faith efforts by the project applicant/developer and/or landowner, before ground-disturbing activities may resume on the project site, the landowner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects. F. Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible. These items shall be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the project site but at a location agreed upon between the Tribe and the landowner at a stie to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered. G. The Tribe will work closely with the project’s qualified archaeologist to ensure that the excavation is treated carefully, ethically, and respectfully. If data recovery is approved by the Tribe, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery-related forms of documentation shall be approved in advance by the Tribe. If any data recovery is performed, once complete, a final report shall be submitted to the Tribe and the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains. Mitigation Measures: MMs TCR-1, TCR-2, and TCR-3. Level of Significance: Less than significant impact with mitigation. Cumulative Impacts The proposed Project would not result in tribal cultural resources impacts beyond what was contemplated for the Project site. Therefore, no cumulative impacts related to tribal cultural resources would result from Project implementation. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 181 UTILITIES AND SERVICE SYSTEMS ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 19. UTILITIES AND SERVICE SYSTEMS. Would the Project: a) Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? x b) Would the project have sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry, and multiple dry years? x c) Would the project result in a determination by the wastewater treatment provider which serves or may serve the Project that it has adequate capacity to serve the Project’s projected demand in addition to the provider’s existing commitments? x d) Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? x e) Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste? x A Water Supply Assessment Letter was provided in support of the Project by the San Gabriel Valley Water Company, dated November 8, 2021, and provided as Appendix J. Additionally, a Sewer Availability Letter was provided by the City of Fontana in support of the Project dated November 24, 2021, and provided as Appendix K. a) Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Less than Significant Impact. Utilities necessary for the Project site are as follows: Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 182 • Electricity –Southern California Edison (SCE) • Water – Fontana Water Company (FWC) • Sewer – Inland Empire Utilities Agency (IEUA) via City of Fontana • Storm Drain – City of Fontana and San Bernardino Flood Control District • Solid Waste – Burrtec Waste Industries • Telecommunications – AT&T and Time Warner Cable • Gas – Southern California Gas Company (SoCal Gas) Wastewater The Project would receive wastewater services from the Inland Empire Utilities Agency (IEUA). IEUA provides wastewater treatment service throughout the city. The IEUA currently operates five regional wastewater treatment facilities: Regional Plant (RP-) No. 1, RP-2, RP-4, RP-5, and Carbon Canyon Wastewater Reclamation Facility. IEUA’s four RPs have a total combined design treatment capacity of approximately 86 million gallons per day (MGD). Currently, all four reclamation facilities treat a total combine average daily flow of about 60 MGD of wastewater that travel through a system of regional trunk and interceptor sewers that are owned and operated by IEUA. Wastewater is generally diverted from one RP to another to avoid overflowing at one RP. Local sewer systems are owned and operated by local agencies. RP-4 treats local wastewater generated by the Cities of Fontana and Rancho Cucamonga and the County of San Bernardino. IEUA’s RP-4 is responsible for treating local wastewater generated by the city and is located near the intersection of Etiwanda Avenue and 6th Street in the City of Rancho Cucamonga. RP-4 treats an average flow of five MGD of wastewater and is operated in conjunction with RP-1 to provide recycled water to users. RP-4 has recently undergone an expansion to increase the design hydraulic domestic sewage (wastewater) treatment capacity to 14 MGD. Water Water services will be provided by the Fontana Water Company (FWC) and would be subject to FWC’s 2015 Urban Water Management Plan (UWMP). FWC’s supply sources come from local groundwater, and local and imported surface water. Water demand will vary depending on the number of customers, but FWC’s 2015 has taken future development (including the Project) in account to year 2040 and indicates that no additional or new water facilities will be needed. FWC also purchases water from other Water Service providers if needed. The Project applicant is also required to pay a water service connection fee and deposit, monthly water service charge, water commodity consumption charge, and any surcharge, penalty or reconnection fee as established and adopted by the city council pursuant to Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 183 Fontana Municipal Code Chapter 31, Section 31-3. In addition, the Project applicant is required to complete a water-efficient landscape plan pursuant to Chapter 28, Article IV, to reduce water consumption and run-off impacts. Therefore, the Project’s use of water services would be less than significant. Electricity, Natural Gas, Telecommunications Southern California Edison will provide electricity services to the Project; SoCal Gas will provide natural gas services to the Project; and AT&T or Time Warner will provide telecommunication services to the Project. Implementation of the Project would not require the relocation existing utility facilities nor create the need to construct additional electricity, natural gas, and telecommunication facilities to meet the Projects utility demand. Overall impacts regarding wastewater, water, electricity, natural gas, and telecommunications would be less than significant without mitigation. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. b) Would the project have sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry, and multiple dry years? Less Than Significant Impact. The proposed Project would be served with potable water by FWC, which is anticipated to be 15.87 million gallons of water per year (m/gal/yr). Domestic water supplies from this service provider are reliant on groundwater Domestic water supplies from this service provider are reliant on groundwater from the Chino Basin, Rialto-Colton Basin, and No Man’s Land Basin. FWC also relies on surface water sourced from Lytle Creek and imported surface water from IEUA and San Bernardino Valley Municipal Water District. Based on available information, FWC is projected to have a water production potential of 29,998 to 42,271 AFY (acre-feet) in a projected single dry year, and 37,757 to 53,204 AFY in projected multiple dry years, while only utilizing approximately 62 to 72 percent of groundwater supplies.49 FWC also receives surface water supplies, imported water supplies, and recycled water supplies that could be used if necessary. Therefore, the Project would have sufficient water supplies during the foreseeable future development during normal, dry, and multiple dry years due to FWC’s excess water supply. Additionally, the San Gabriel Water Company provided a Water Supply Assessment Letter (dated November 8, 2021) noting that there are sufficient water resources to supply the proposed Project. Impacts would be less than significant. Mitigation Measures: No mitigation is required. 49 FWC. 2016. 2015 Urban Water Management Plan, (Amended December 2017). Available at https://www.fontanawater.com/wp- content/uploads/2018/10/San-Gabriel-Fontana_Amended-Final-December-2017-1.pdf. Accessed March 17, 2021. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 184 Level of Significance: Less than significant impact. c) Would the project result in a determination by the wastewater treatment provider which serves or may serve the Project that it has adequate capacity to serve the Project’s projected demand in addition to the provider’s existing commitments? Less Than Significant Impact. The original Project would consume 15.87 m/gal/yr. As discussed above, the IEUA would have sufficient wastewater treatment facilities and capacity to service the Project. The Project would also be required to develop appropriately sized water and wastewater conveyance facilities to and from the Project site. Additionally, the City of Fontana provided a sewer availability letter noting that the Project site would have sewer facilities availability. Thus, less than significant impacts would occur. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. d) Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less Than Significant Impact. The proposed Project is anticipated to generate solid waste during the temporary, short-term construction phase, as well as the operational phase, but it is not anticipated to result in inadequate landfill capacity. According to CalRecycles’s Estimated Solid Waste Generation Rates for the proposed Project are shown below: Hotel: 2lb/room/day • Holiday Inn and Staybridge Suites = 2 lb/184/day = 368 lbs./day Fast food Restaurant: 17 lb./employee/day • Inn-N-Out = 17 lb./30/day = 510 lbs./day Restaurant: 0.005 lb./sq.ft./day • Restaurant (Not Determined) = 0.005 lb./3,750 sq.ft./day = 18.75 lbs./day Other Services: 3.12 lb./100 sq.ft./day • Banquet Hall = 3.12 lb./ (28,000 sq.ft./100 sq.ft.)/day = 3.12 lb./ 280sq.ft./day = 874 lb./day Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 185 Total anticipated solid waste is approximately 1,771 lbs. per day.50 This equates to approximately (0.8 tons) of waste per day from the Project operations. Solid waste service for the city is provided by the Mid-Valley Sanitary Landfill located in the northern portion of the city. This facility handles solid waste from mixed municipal, construction/demolition, industrial, and tires. According to CalRecycle, the landfill has a maximum throughput of 7,500 tons per day. This landfill has a maximum permitted capacity of approximately 101.3 million cubic yards, and the landfill has a remaining capacity of approximately 67.52 million cubic yards. For these reasons, the proposed Project’s solid waste disposal needs can be met by the Mid-Valley Sanitary Landfill. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. e) Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Less Than Significant Impact. The proposed Project is required to adhere to City ordinances and the County of San Bernardino, Stormwater Pollution Prevention Plan with respect to waste reduction and recycling. This will be done through the Project design features and improvements and implementation of source control best management practices (BMPs) that aim to reduce solid waste generation and run-off via stormwater. Since the Project would adhere with all applicable regional and local ordinances and would reduce waste production through Project design features and BMPs, impacts would be less than significant without mitigation. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. Cumulative Impacts The context for assessing cumulative impacts to utilities and service systems varies depending on the service area and capacity of the utility which may vary from the City, San Bernardino County, or (in terms of water) even statewide. Long-term maintenance and potential expansion of water, wastewater, flood control, and solid waste disposal facilities will be required as the region continues to grow and existing infrastructure ages. Development of public utility infrastructure is part of an extensive planning process involving utility providers and jurisdictions with discretionary review authority. The coordination process associated with the preparation of development and infrastructure plans is intended to ensure that adequate resources are available to serve both individual projects and cumulative demand for resources and infrastructure as a result of cumulative growth and development in the area. Each individual project is subject to review for utility capacity to avoid unanticipated interruptions in service or 50 CalRecycle. 1992. Estimated Solid Waste Generation Rates. Accessed November 18, 2020. Available at https://www2.calrecycle.ca.gov/WasteCharacterization/General/Rates, Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 186 inadequate supplies. Coordination with the utility companies would allow for the provision of utility service to the proposed Project and other developments. The Project and other planned projects are subject to connection and service fees to assist in facility expansion and service improvements triggered by an increase in demand. Utility providers currently impose development impact fees, connection fees, and service fees designed to maintain and incrementally expand infrastructure to meet existing and growing demand. Future development in the Project vicinity and throughout the region would be subject to such fees in accordance with applicable ordinances and service master plans.51 The analysis provided above indicated that proposed Project would have a less than significant impact with respect to utilities/service systems. The Project would require water and wastewater infrastructure, as well as solid waste disposal for building facility construction and operation. Since the Project would not create a significant impact on utilities and services, and all future projects require utility planning and coordination activities described above, no significant cumulative utility impacts are anticipated. 51 City of Fontana. (2015). Fontana Forward General Plan 2015-2035; Draft EIR; Page 7-7. Accessed September 9, 2020. Available at https://www.fontana.org/DocumentCenter/View/29524/Draft-Environmental-Impact-Report-for-the-General-Plan-Update Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 187 WILDFIRE ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 20. WILDFIRE. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the Project: a) Would the project substantially impair an adopted emergency response plan or emergency evacuation plan? X b) Would the project, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? X c) Would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? X d) Would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? X Wildfire Hazard CAL FIRE’s Very High Fire Hazard Severity Zone (VHFHSZ) in Local Responsibility Areas Map shows that a small portion of southern Fontana, and northern portions of the city near the base of the San Bernardino Mountains are listed as a VHFHSZ area. These areas where human development meets undeveloped wildland also known as Wildland-Urban Interface (WUI) areas have high potential for both natural and human-caused fires to occur that can result in loss of life and property. These factors, combined with natural weather conditions common to the area, including periods of drought, high temperatures, low relative humidity, and periodic winds, can result in frequent and sometimes catastrophic fires. The remainder of the city is urbanized and generally built out with established commercial and residential development.52 a) Would the project substantially impair an adopted emergency response plan or emergency evacuation plan? 52 City of Fontana. (2018). Local Hazard Mitigation Plan – Wildfire Hazards Profile. Available at https://fontana.org/3196/Local-Hazard- Mitigation-Plan-LHMP. Accessed March . Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 188 Less Than Significant Impact. Refer to Section 9, Hazards and Hazardous Materials, Threshold (f). As noted in Response (f), the Project would not impact an adopted emergency response plan or emergency evacuation plan. In case of a fire emergency, the San Bernardino County Fire Station No. 78, located approximately 0.8-miles south of the site would be the first responder to the site. As previously noted, the Project would not impact roadways and no closures that could obstruct traffic are anticipated to occur. As such, it is not anticipated that the Project would impair an adopted emergency response plan or emergency evacuation plan. A less than significant impact would occur. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. b) Would the project, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? Less Than Significant Impact. There are seven fire station in the city, a Hazardous Materials response team, and firefighters with special expertise in wildfires. According to the General Plan, most of the wildfires in Fontana have historically occurred in northwest Fontana, with occasional fires in the Jurupa Hills. Northwest Fontana has high chaparral vegetation, steep slopes, and is subject to hot Santana winds blowing down the Cajon Pass. The Jurupa Hills have high grasses and steep slopes. Since 1986, the City has established a Fire Hazard Overlay District in sections of North Fontana and open space areas in South Fontana to reduce risk from wildfire. In case of a fire, the Project site would be adequately served by the fire department. Finally, as noted in Response (g), Section 9, Hazards and Hazardous Materials, the Project site is not located in either a Very High Fire Hazard Severity Zone (VHFHSZ), High Fire Hazard Severity Zone (HFHSZ), or Moderate Fire Hazard Severity Zone (MFHSZ) as designated in the VHFHSZ Map.53 As such, a less than significant impact would occur. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. c) Would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? Less Than Significant Impact. The Project would be in an area that is developed with similar commercial uses to the north, and with residential uses to the west and south. Electricity, water, and other utilities necessary have been contacted to service the Project 53 CalFire. 2021. California Fire Hazard Severity Zone Viewer. Available at: https://gis.data.ca.gov/datasets/789d5286736248f69c4515c04f58f414. Accessed March 16, 2021. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 189 site. All proposed Project components would be located within the boundaries of the Project site underground, and impacts associated with the development of the Project within are analyzed throughout this document. The Project does not propose off-site improvements and the city is responsible for implementing the mitigation goals and actions as listed in Section 1.0 above. The City of Fontana Fire Department will review all plans for adequate fire suppression (California Fire Code Chapter 9), fire access (California Fire Code Chapter 5), and emergency evacuation (California Fire Code Chapter 4) as part of the City’s review process to ensure compliance with the California Fire Code, as adopted by the City of Fontana. The Project would also adhere to Section 30-243. - Public safety: (a) Emergency access, which states that emergency vehicles shall be incorporated into Project design in accordance with the Uniform Fire Code and (b) Fire hazards. The Project would also adhere to the City’s Utilities Municipal Code which states that (1) Temporary overhead power and telephone facilities are permitted only during construction and (2) All utilities including, but not limited to drainage systems, sewers, gas lines, water lines, and electrical, telephone, and communications wires and equipment shall be installed and maintained underground. Refer to Exhibit 4, Project Site Plan. Placement, location, and screening of utilities of any kind which cannot be installed underground and must be placed above ground for function and safety reasons require written approval by the Director of Community Development prior to any administrative or discretionary approval as stated in the City’s Municipal Code. Adherence to standard City Municipal Code and California Fire Code would reduce potential impacts to a level of less than significant. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. d) Would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Less Than Significant Impact. As discussed above in threshold b), the Project site is not in a VHFHSZ, as identified by CAL FIRE and not located near steep slopes or hillsides. The Project would implement retaining walls and a storm water storage/management system to decrease the release of stormwater running off the site; therefore, the proposed Project site would not expose people to downstream flooding or landslides as a result of runoff. Impacts would be less than significant. Mitigation Measures: No mitigation is required. Level of Significance: Less than significant impact. Cumulative Impacts Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 190 The proposed Project and surrounding area are not subject to natural wildfires, as identified by CAL FIRE. Therefore, the project would not cumulatively result in the incremental effects to wildfire that could be compounded or increased when considered together with similar effects from other past, present, and reasonably foreseeable probable future projects. Cumulative impacts would be less than significant. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 191 MANDATORY FINDINGS OF SIGNIFICANCE ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 21. MANDATORY FINDINGS OF SIGNIFICANCE. Does the Project: a) Would the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number, or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X a) Would the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number, or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less Than Significant with Mitigation Incorporated. All impacts to the environment, including impacts to habitat for fish and wildlife species, fish and wildlife populations, plant and animal communities, rare and endangered plants and animals, and historical and pre‐ historical resources were evaluated as part of this IS/MND in their respective sections. Where impacts were determined to be potentially significant, mitigation measures have been imposed to reduce those impacts to less‐than‐significant levels. As such, with incorporation of MM BIO-1, potential impacts to migratory birds would be reduced to less than significant, incorporation of MM CUL-1 would reduce impacts to historical and archaeological resources, and incorporation of MM GEO-1 would reduce impacts to paleontological resources. With implementation of the previously noted MMs, the Project Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 192 would not substantially degrade the quality of the environment and impacts would be less than significant. Mitigation Measures: MM BIO-1, CUL-1, and GEO-1. Level of Significance: Less than significant impact with mitigations incorporated. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Less Than Significant with Mitigation Incorporated. As discussed throughout this IS/MND, implementation of the proposed Project is not anticipated to cause a cumulative impact in the immediate and surrounding area. In all instances where the proposed project has the potential to contribute to a cumulatively considerable impact to the environment, MMs have been imposed to reduce potential effects to less than significant levels. As such, with incorporation of the MMs GHG-1, GHG-2, GHG-3, and GHG-4, the project would reduce potential significant greenhouse gas effects. Additionally, the project would MMs HYD-1, HYD-2, and HYD-3 to reduce water quality impacts. Mitigation Measures: MM GHG-1 through GHG-4 and HYD-1 through HYD-3. Level of Significance: Less than significant impact with mitigations incorporated. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant with Mitigation Incorporated. The Project’s potential to result in environmental effects that could adversely affect human beings, either directly or indirectly, has been discussed throughout this IS/MND in each respective section. No portion of the proposed Project is anticipated to have or cause a cumulative environmental effect that would cause substantial effects on human beings. A less than significant impact is anticipated to occur. Mitigation Measures: MM GHG-1 through GHG-4. Level of Significance: Less than significant impact with mitigations incorporated. Fontana Square Project City of Fontana Initial Study/Mitigated Negative Declaration December 2022 Page 193 5.0 REFERENCES BCR Consulting LLC. (2020). Cultural Resources Assessment; Results. Accessed September 9, 2020. Refer to Appendix C for more information. BCR Consulting LLC. (2021). Cultural Resources Assessment; Methodology. Accessed October 2021. Refer to Appendix C for more information. CalFire. 2021. California Fire Hazard Severity Zone Viewer. Available at: https://gis.data.ca.gov/datasets/789d5286736248f69c4515c04f58f414. Accessed March 16, 2021. California Air Resources Board, California’s 2017 Climate Change Scoping Plan. 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