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Appendix A - Notice of Preparation (NOP) and Written Comments
City of Fontana Planning Department 8353 Sierra Avenue Fontana, CA 92335 Project Name: Cypress and Slover Facility 1 Notice of Preparation of a Draft EIR and Scoping Meeting Date: December 3, 2021 To: Public Agencies and Interested Parties Subject: Notice of Preparation of a Draft Environmental Impact Report and Scoping Meeting The City of Fontana, as lead agency under the California Environmental Quality Act (CEQA), will prepare an Environmental Impact Report (EIR) for the Cypress and Slover Warehouse (Industrial Commerce Center) Project (the “Project”). In accordance with Section No. 15082 of the CEQA Guidelines, the City has issued this Notice of Preparation (NOP) to provide responsible agencies, trustee agencies, and other interested parties with information describing the proposed Project and its potential environmental effects. The purpose of this notice is to: 1) serve as the Notice of Preparation of an Environmental Impact Report for the Office of Planning and Research (OPR), Responsible Agencies, public agencies involved in funding or approving the project, and Trustee Agencies responsible for natural resources affected by the project, pursuant to CEQA Guidelines Section No. 15082; 2) advise and solicit comments and suggestions regarding the preparation of the EIR, environmental issues to be addressed in the EIR, and any other related issues, from interested parties, including interested or affected members of the public; and 3) advertise a public meeting to solicit comments from public agencies and interested parties regarding the scope of study in the EIR. Project Location The Project Site is located north of Slover Avenue, south of the Southern Pacific Railroad right- of-way and Interstate 10, west of Cypress Avenue, and east of Oleander Avenue, in the City of Fontana, San Bernardino County, California (see Figure 1, Regional Map and Figure 2, Vicinity Map). The Project Site comprises Assessor Parcel Numbers 0251-163-01, -02, -03, -04, -05, -06, -07, -08, -09, -10, and -13 and 0251-164-03, -04, -10, -11, -12, -14, -15, -16, -20, -23, and -25. T FONTANA CALIFORN I A City of Fontana NOTICE OF PREPARATION Project Name: Cypress and Slover Facility 2 Project Description The Project provides for the re-development of the approximately 28.8-acre Project Site with a light industrial building that contains approximately 625,500 square feet of floor area and associated improvements, including but not limited to a loading/unloading area with loading dock doors and trailer parking spaces, passenger vehicle parking, landscaping, and connections to existing utility infrastructure (see Figure 3, Conceptual Site Plan). The proposed building would be approximately 49 feet tall and would be constructed of concrete tilt-up panels, with decorative building elements (e.g., colored glass, metal canopies). The Project is being developed on a speculative basis and is expected to operate 24 hours per day, 7 days per week. The proposed Project is consistent with the Fontana General Plan Land Use Map and the Fontana Zoning District Map. The Project requires City of Fontana approval of the following entitlements: Design Review and Tentative Parcel Map. EIR Scope CEQA Guidelines Section No. 15063 grants Lead Agencies the ability to bypass preparation of an Initial Study and proceed with preparation of an EIR in instances where an EIR is clearly required for a project. In this instance, the City of Fontana in its capacity as Lead Agency for the proposed project has determined that the Project clearly has the potential to result in significant environmental effects and that an EIR shall be prepared that addresses the following environmental considerations: • Aesthetics • Agriculture and Forestry Resources • Air Quality • Biological Resources • Cultural Resources • Energy • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Mineral Resources • Noise and Vibration • Population and Housing • Public Services • Transportation/Average Daily Trip Calc. • Tribal Cultural Resources • Utilities and Service Systems • Wildfire • Health Risk Assessment The EIR will assess the effects of the Project on the environment, identify potentially significant impacts, identify feasible mitigation measures to reduce or eliminate potentially significant environmental impacts, and discuss potentially feasible alternatives to the Project that may accomplish basic objectives while lessening or eliminating any potentially significant Project- related impacts. Opportunity for Public Review and Comment This Notice is available for review on the City’s website at: https://www.fontana.org/2137/Environmental-Documents. The City of Fontana would like to receive your input on the scope of the information and analysis to be included in the EIR. Due to time limits, as established by CEQA, your response should City of Fontana Cypress and Slover Warehouse (Industrial Commerce Center) Project Notice of Preparation December 3, 2021 3 be sent at the earliest possible date, but no later than thirty (30) days after publication of this notice. Please submit your comments by 5:00 p.m. on January 6, 2022, by mail or e-mail to: Jon Dille Phone: (909) 350‐6681 City of Fontana Fax: (909) 350‐7676 8353 Sierra Avenue Email: jdille@fontana.org Fontana, CA 92335 Please include the name, phone number, and address of a contact person in your response. Scoping Meeting The City of Fontana will hold a public scoping meeting, where agencies, organizations, and members of the public will receive a brief presentation on the Project and will have the opportunity to provide comments on the scope of the information and analysis to be included in the EIR. The meeting will be held on: Date and Time: December 16, 2021, Teams Meeting, 5:00 pm Place: https://tinyurl.com/pzhx4um8 Attachments: Figure 1 – Regional Map Figure 2 – Vicinity Map Figure 3 – Conceptual Site Plan -;-,, ' ,-, 1 __ _:.: .. I ' L, I FONTANA i---.... -., __ --2 l. (i{«gJ)lj;it&!Ip I , __ .., /, r,;;;;:;;--,t-t---.,:L;;,,..-~ --·-~;--,..1 --V ~--:-:r~:::-::~....-J IDNIB~RlIID ··-::"'l i SAN BERNARDINO COUNTY 1. · 1 --·· ---··-·· RIVERSIDE ---· Source(s): ESRI, RCTLMA (2020), SB County (2019) Regional Map Cypress and Slover Industrial Building December 2021 OO]~ljmffi\ Source(s): ESRI, Nearmap Imagery (2021), RCTLMA (2020), SB County (2019) • ~ "" 0 625 1,250 2,500 ~~ tu~ ---Feet ~~ Vicinity Map Cypress and Slover Industrial Building December 2021 Source(s): HPA (09-10-2021) Effll -.fflrw Ell Cypress and Slover Industrial Building SAN N.A.P. BERNARDINO 1086'-1" 86\'-4" \4'SCREENWAll RET/.JNING WiU VAAIES P CML DRAWING PROPERTl'LINE h " ___ --,----1~, ~' '. 30' WIDE FIRELANE ol5 DOCK DOORS FWY 56 ~ 56' s BUILDING AREA ~ • e2s,4eo s.i=. I I L ff ~. _,___,. ~4-LLL @--- 0' i • 1 lYP. t::: l@l:l';! I i:l'--'\ SITE PLAN KEYNOTES @flEAVY6ROOMFINISHCONC.PAIIO~ENT, (l)PAVINGPERCML @c□NCRCTEW~WAY ©□RIYEWAYAPRONSTOBECONSTRUCTEOPER"L"ORA.WINGS t.\ 5'-6"X5'-6"X4" MIN, THICK CONCRETE EXTERIOR LANDING 'I:!../ PAO lYP. AT ALL EnERIOR MAN DOORS TO LANDSCAPED AREAS. FINISHTOBEMEOIUM BROOMFINISH ~~%Eol0w::K \(tpusLfc ~-OR DRIVE WAY W/ 1:20 MAX. AS REO BY CITY INSPECTOR @s'HWROUGHT IRONFENCE 0 ~~~0:ERM~~ ::~Mt:TE~;~~;;s p:t DKRN~;~ @TRASH ENCLOSURE ®ruTURE~CHARCINGSTATION @PRE-CASTCONC.WHEHSTOP @coNC.flLLEDGUARDPOST"60l/l.U.N,0,42"H. @ExTERIORCONC.STAIR @ :;-~~~-PI~~RI owes. LANDSCAPE AREAS 1N01CATED @ 14" fl CONCRETE SCREEN WALL. SEE SHEET A4.3 AND A4.4 @HANDICAPPEDPARKINGSTAJ.LSIGN Property owner DUKE 200SPECTRUM CENTER DRIVE,SUITE1600 IRVINECA92618 PH0NE:949-797-7038 CONTACT:ADMISCHMID Address of the property Assessor's Parcel Number 0251-164-10-0-000,0251-1U -2J-0-000, 0251-lM-04-0-000 0251-164-25-0-000,0251-1U-OJ-0-000 Legal description TH£ 00T 210 rrn Of THE NORTH H,O.Lf OfTHE £AST H,O.Lf Of lH( WEST H,O.Lf Of FAAM LOT 742.ACCORDINGTOTHELANDSB(LONGINGTOSEMI-TROPICLAND>NDWAT(RCOMPANY,IN THE CIT'fOfFONTAl'l'.,COUNT'fOf~BE:RNAA~NO.STME OfCAI..IFORNl',,ASf'(RMI-J'RECOR0£DIN BOO~ 11. PAGE 12 or I.W'S, IN THE OfTICE or THE COUNTY Rt:COROER Of SIJD COUNT'f EXCEPTINGTHEREFROMTHENORTH6FITTFORRO.IDPURPOSESASGRANTEDTOTHECOUNTYOF ;;r ~~1!'.t~~C:DsTHE GRANT 0£EO RECORot:D SEPITMBER 24, 1926. IN BODI( 134. PAGE J69, NOTE:THEAAEAANDDISTANCESOFTHEAB<M:DESCRjB£DPROPERTY.-IR£COMPUTEOTOlliE SITE PLAN GENERAL NOTES CENTER or rnE .o.o.J01N1NG srRms SHOWN ON SIJD w,.p -------------APN, 0251-\64-10-0-0CXl 2 IFSOILSAREEXPANSM:INNATURE,USESTEEL R(INfORCINGfOR AJ.LSITECONCRETE J.Al.LDIMENSIONSARETOlliE FACEOFCONCRETEWAI..L FACEOFCONCRCTECURBORGRIOLINEU.N.0 4. ~~~}[ PLANS FOR AU. CONCRETE CURBS. GUTTERS AND 5. THE ENTIRE PROJECT SHALL BE PERMANENTLY WJNTAINED WITH AN MJTOW.TIC IRRIG,O,.TION SYSITM. PRIOR TO INSTAI..LATION & AT LEAST 60 DAYS BEfORE BLDG 6 ~~ifz:5f!R~~:.?i~f~&r~~~)P~~TIONS 7. PROVIDE POSITrvf DRAINAGE AWAY FROM BLDG. SEE"C'ORAWINGS e. ~iifili~igf:it:~~&ifef~:~k+f :~s ~E fOR 9. SEE"C'DRAWINGSFORFINISHGRAOEELE\IATIONS 10. CONCRCTESIDEWAI..KSTOBEA MINIMUM0f4"THICKW/ TOOL£DJOINTSAT6"0.C.EXPANSION/CONSTRUCTION ~~~~-i~~:~N A J::~UT~ ivrco~A;R:/s~/~X~SION FILLER MATERlAL OF 1/4". SEE "L" DRAWINGS FOR FINISH 12, PAINT CURBS AND PROVIDE SIGNS TO INFORM or rlRE LANESASREOUIREDBYFIREDEPARTMENT 13.CONSTRUCTIONDOCUMENTSPERTAININGTOTI-IELANDSCAPE AAD IRRIGATIONOFTHE ENTIRE PROJECTSITESHAI..LBE SUBMITTED TOTHEBUILOINGDEPARTMENTAADAPPROVEOBY PUBLIC fACILITIES DEVELOPMENT PRIOR TO ISSU"'1sCE OF BUILOINGPERMITS 14. ifil~ni~B~~to~llii~1iw1gr ct:Jp~g~c~Ep~~~TECT 16AJ..L LANOSCAPEANOIRRIGATIONOESIGNSSHAJ.LMEET CURRENTCITYSTAADARDSASUSTEDINGUIOELINESORAS OBTAIN£0 Fll0M PUBUCFACIUTIESQEV[LOPMENT 18.LANOSCAPEDAREASSHAJ.1.BEOEUNEATEOWfrnA MINIMUM SIX INCHES (6") HIGH CURB 19.APPROVEOCONCEPTUAL LANDSCAPEPLANPRIORTO GRADING PERMIT SITE LEGEND PAV1NG -SEE"C' DRWGS. FOR THICKNESS D ;;~~~CR~!iilNISH CONC SlANOARDPARKING STALL(9"X19') □HANOICAPPARKING P STALL(9"Xl9') VICINITY MAP ITTLECOMMIT\IENTNO.NCS-9T7J77-J-CHl2 THE HORTH 1/2 Of THE 00T 1/2 OF fAAM LOT 7t2. ,1,CCOROING TO MAP OF SUBOMSIOff OF ~~s.1F~:;.'~;J;~E1~~M~[~~~ ~~:~~~R COMPANY • .o.s PER PLAT RECORDED 1N EXCEPTIHGTHEREF!lOMlliENORTI-i6 FECT,"-NO EXCEPTING THERITROMTHEWEST 120FEET. AAEAANDDISTANCESCOMPUITDTOSTREETCENITRS EXCEPTING THEREF!lOM OOT PORTlON Of LAAD CON\IEYEO TO CIT'T" Of FONTAl'I'., A CAl..lfORNLI.MUNICIPAI..CORF'ORATION.ASDESCRIBEDINGRANTOEEDRECOROEOr.1.0RCH7.2008 ASINSTRUMENTN0.2008-0102579.0fOFF"ICIALRECORDS APN: 0251-164-2J-O-OCXl (NTECTS PORTION orSIJD LAND) "-N00251-164-04-0-0CXl ( MHCTS PORTIONOFSAIDLAND) ffiLE COMMIT\IENTNO.NCS-917J77-4-CHl2 PAACELSl"-ND20fPAACELMN'N0.19279,INTHECITYOFFONTAW,.COUNTYOF~ BERNAA~NO. STATE OF CAIJF"ORNIA. AS PER MI-.P RECORDED IN BODI( 240, PAGES 87 lliROUGH 89.INCLIJSN£0fPAilCEL MAPS,INTHEOFflCEOf TH£COUHT'fRECOROEROF"SIJDCOUNTY APN:0251-164-25-0-0CXl ITTLE COMMIT\IENTNO.NCS-917J77-5-CHl2 ~#:lJL~ ~:~ri~ifrt~T~~~~T[t~~~M[~ L~Cf0 EXCEPTINGTHEREFROM™ENORTH6 FEET CONVEYED FORRO.ID PURPOSES AREAS ANO DISTANCES COMPUTED TO STREET CENTERS APN:0251-\64-0J-0-0CXl Zoning LIGHTINDUSTRlAL(M-1) Applicant DUKEREAJ..ITY f~NtE.fT:~i1sCENTER DRIVE, SUITE 1600 PHONE: 9~9-797-7038 CONTACT:AOAMSCHMID Applicant's respresentative ;E~r~~fi~l AV[ SUITE 100 TEL:949-862-2108 ATTN:SHALIUMAHONEY Project data SITEARfA G.-oss area'1 s.f G.-ossarea'1acres Net area tis.I Net area ti acres ~ Offi::e -ground Olfi::e -m:izzanfle Warehouse TOTAL COVERAGE 1_298,960 sf 29.82 ac 1.252,786sf 28.76 ac 10,000s.f 4,000s.f 609,460s.f 623,460s.f 48.0% ----""=-if-"'~+--+----j--AUTO PARKING REQUIRB) - SLO\IER Av'EHUE ~ 9 ~ITE Offi::e: 1/250 s.l. (if exceed 10% GFA) n/a stalls \l\rt\se: 1st20K@1/1,000s.f. 20 stalls 2nd2DK@112,000s.l. 10stalls __ abo_,_,_4D_K~®~1_/5~,DD_D_s_L _____ 1_17 stalls TOTAL 147 stalls AUTO PARKING PROVIOB) Standard (9'x 19') TRAILER PARKING REQURIED 1 perS,000s.l. for200K building or larger TRAILER PARKING PROVIDED Traier(12'x53') ZONING ORDINANCE FOR CITY Zoning Desi;lnab::m • light '1dustrial (M-1) MAXIMUM BUILDING HEIGHT ALLOWED Height-100' MAXIMUM LOT COVERAGE Coverage-SO% MAXIMUM FLOORARfA RATIO FAR-.60 SETBACKS SloverAve -20' GypressAve.-20' OleanderAve.-20' LANDSCAPE REQUIREMENT 225stalls 125stalls 180stalls Percentage-excludflg bldg.area 15% LANDSCAPE PROVIDED Percentage-21.6% Site Plan December 2021 From:Jon Dille To:David Ornelas Subject:FW: Cypress and Slover Warehouse Date:Wednesday, December 22, 2021 8:47:30 AM Good Morning David, I hope you are well. Here is a response from Caltrans for your use. Sincerely, Jon Dille Associate Planner • Planning City of Fontana • 8353 Sierra Ave • Fontana, CA 92335 jdille@fontana.org • Office: (909) 350-6681 This email contains material that is CONFIDENTIAL and/or PRIVILEGED and for the sole use of the intended recipient. Any review, distribution or forwarding without express permission is prohibited. If you are not the intended recipient, please contact the sender and delete all copies. Thank you From: MATHEW, JACOB K@DOT <Jacob.MATHEW@dot.ca.gov> Sent: Tuesday, December 21, 2021 8:34 AM To: Jon Dille <jdille@fontana.org> Cc: Clark, Rosa F@DOT <rosa.f.clark@dot.ca.gov> Subject: Cypress and Slover Warehouse CAUTION - EXTERNAL SENDER - THIS EMAIL ORIGINATED OUTSIDE OF THE CITY'S EMAIL SYSTEM Do not click links or open attachments unless you recognize the sender and know the content is safe.Good Morning, Thank you for providing the California Department of Transportation (Caltrans) theopportunity to review and comment on the Notice of Preparation of a Draft Environmental Impact Report (DEIR) for the Cypress and Slover Warehouse(Project), located north of Slover Avenue, south of the South Pacific Railroad right- of-way and Interstate 10 west of Cypress Avenue and east of Oleander Avenue, inthe City of Fontana. The project proposes to construct a light industrial building that contains approximately 625,500 square feet of floor area and associatedimprovements on approximately 28.8 acre site. As the owner and operator of the State Highway System (SHS), it is our responsibility to coordinate and consult with local jurisdictions when a proposed developmentmay impact our facilities. As the responsible agency under the California Environmental Quality Act, it is also our responsibility to make recommendations tooffset associated impacts with the proposed project. Although the project is under the jurisdiction of the City of Fontana, due to the project’s potential impact to theState facilities, including Interstate 10, it is also subject to the policies and regulations that govern the SHS. In the preceding DEIR, we recommend a Traffic Impact Analysis (TIA) be prepared to accurately evaluate the extent of potential impacts of the project to the operational characteristics of the existing State facilities by the project area. We recommend the TIA be submitted prior to the circulation of the DEIR to ensuretimely review of the submitted materials to address any potential issues. We offer the following comments: 1. Submit copies of all traffic related documents for review. The Traffic Impact Analysis shall be prepared in accordance to the local jurisdiction’s Traffic Impact Study guidelines and the Highway Capacity Manual (HCM). Also, provide traffic safety reviews as a stand-alone report for proposed land use projects and plans affecting the State Highway System. Caltrans is committed to providing a safe transportation system for all users. Weencourage the City to embark a safe, sustainable, integrated and efficient transportation system and complete street to enhance California’s economy andlivability. A pedestrian/bike-friendly environment served by multimodal transportation would reduce traffic congestion prevalent in the surrounding areas. (See Complete Street Implementation Action Plan 2.0 at http://www.dot.ca.gov/hq/tpp/offices/ocp/docs/CSIAP2_rpt.pdf). 2. Design the local streets to serve vehicular and pedestrian circulation equally,and for safe pedestrian friendly environment. Consider both Americans with Disability Act and California Highway Design Manual standards andrequirements to provide transportation routes for all users and modes, including pedestrian and bicyclists. Provide a continuous multi-modalcirculation system throughout the City, specifically for pedestrians, allowing current/future residents, employees, and guests to access the attractionplaces. 3. Relegate the parking spaces to the back of the buildings and locate preferential parking for vanpools and carpools, along with, secure, visible,and convenient bicycle parking/racks accessible to retail and office locations. Consider installing electric vehicle charging stations, and locateparking space for low-emitting, fuel-efficient, alternative-fueled vehicle visitor parking in commercial and office uses. These recommendations are preliminary and summarize our review of materialsprovided for our evaluation. If you have any questions regarding this email, please contact me. Thanks, JACOB K MATHEW D-8, IGR – Planning 464 W. 4TH Street San Bernardino, CA 92401 Ph: 909-963-9255 arb.ca.gov 1001 I Street • P.O. Box 2815 • Sacramento, California 95812 (800) 242-4450 January 7, 2022 Jon Dille Associate Planner Planning Department City of Fontana 8353 Sierra Avenue Fontana, California 92335 jdille@fontana.org Dear Jon Dille: Thank you for providing the California Air Resources Board (CARB) with the opportunity to comment on the Notice of Preparation (NOP) for the Cypress and Slover Warehouse Project (Project) Draft Environmental Impact Report (DEIR), State Clearinghouse No. 2021120059. The Project consists of the construction and operation of a warehouse building totaling approximately 625,500 square feet. The Project site is located within the City of Fontana (City), California, which is the lead agency for California Environmental Quality Act (CEQA) purposes. Industrial development, such as the proposed Project, can result in high daily volumes of heavy-duty diesel truck traffic and operation of on-site equipment (e.g., forklifts and yard tractors) that emit toxic diesel emissions, and contribute to regional air pollution and global climate change.1 The Project will expose nearby communities to elevated levels of air pollution. Residences are located north, south and west of the Project with the closest residences located within 50 feet from the Project’s western boundary. In addition to residences, Jurupa Hills High School, Citrus High School, Truman Middle School, Poplar Elementary School and Cypress Elementary School are located within one mile of the Project. These communities are surrounded by existing toxic diesel PM emission sources, which include heavy-duty truck traffic serving existing industrial buildings, and vehicular traffic along Interstate 10 (I-10). Due to the Project’s proximity to residences and schools already burdened by multiple sources of air pollution, CARB is concerned with the potential cumulative health impacts associated with the construction and operation of the Project. CARB has reviewed the NOP and is concerned about the air pollution and health risk impacts that would result from the proposed Project. 1. With regard to greenhouse gas emissions from this project, CARB has been clear that local governments and project proponents have a responsibility to properly mitigate these impacts. CARB’s guidance, set out in detail in the Scoping Plan issued in 2017, makes clear that in CARB’s expert view, local mitigation is critical to achieving climate goals and reducing greenhouse gases below levels of significance. Jon Dille January 7, 2022 Page 2 2 The DEIR Should Quantify and Discuss the Potential Cancer Risks from Project Operation Since the Project is near residences and schools that are already burdened by multiple air pollution sources, the City and applicant must prepare a health risk assessment (HRA) for the Project. The HRA should account for all potential operational health risks from Project-related diesel PM emission sources, including, but not limited to, back-up generators, on-site diesel-powered equipment, and heavy‑duty trucks. The HRA should also determine if the operation of the Project in conjunction with past, present, and reasonably foreseeable future projects or activities would result in a cumulative cancer risk impact on nearby residences. To reduce diesel PM exposure and associated cancer risks, the City and applicant should include all applicable air pollution reduction measures listed in Attachment A of this letter. Since the Project description provided in the NOP does not explicitly state that the proposed industrial land would not be used for cold storage, there is a possibility that trucks and trailers visiting the Project-site would be equipped with Transport Refrigeration Units (TRUs.)2 TRUs on trucks and trailers can emit large quantities of diesel exhaust while operating within the Project-site. Residences and other sensitive receptors (e.g., daycare facilities, senior care facilities, and schools) located near where these TRUs could be operating would be exposed to diesel exhaust emissions that would result in a significant cancer risk impact to the nearby community. If the Project would be used for cold storage, the City must model air pollutant emissions from on-site TRUs in the DEIR, as well as include potential cancer risks from on-site TRUs in the Project’s HRA. If the Project will not be used for cold storage, the City and applicant should include one of the following design measures in the DEIR: • A Project design measure requiring contractual language in tenant lease agreements that prohibits tenants from operating TRUs within the Project-site; or • A condition requiring a restrictive covenant over the parcel that prohibits the applicant’s use of TRUs on the property unless the applicant seeks and receives an amendment to its conditional use permit allowing such use. The HRA prepared in support of the Project should be based on the latest Office of Environmental Health Hazard Assessment’s (OEHHA) guidance (2015 Air Toxics Hot Spots Program Guidance Manual for Preparation of Health Risk Assessments),3 and CARB’s Hot Spots Analysis and Reporting Program (HARP2 model). The Project’s mobile diesel PM emissions used to estimate the Project’s cancer risk impacts should be based on CARB’s latest 2021 Emission Factors model (EMFAC2021). Mobile emission factors can be easily obtained by running the EMFAC2021 Web Database: https://arb.ca.gov/emfac/. 2. TRUs are refrigeration systems powered by integral diesel engines that protect perishable goods during transport in an insulated truck and trailer vans, rail cars, and domestic shipping containers. 3. Office of Environmental Health Hazard Assessment (OEHHA). Air Toxics Hot Spots Program Guidance Manual for Preparation of Health Risk Assessments. February 2015. Accessed at: https://oehha.ca.gov/media/downloads/crnr/2015guidancemanual.pdf. Jon Dille January 7, 2022 Page 3 3 The HRA should evaluate and present the existing baseline (current conditions), future baseline (full build-out year, without the Project), and future year with the Project. The health risks modeled under both the existing and the future baselines should reflect all applicable federal, state, and local rules and regulations. By evaluating health risks using both baselines, the public and planners will have a complete understanding of the potential health impacts that would result from the Project. The DEIR Should Quantify and Discuss the Potential Cancer Risks from Project Construction In addition to the health risks associated with operational diesel PM emissions, health risks associated with construction diesel PM emissions should also be included in the air quality section of the DEIR and the Project’s HRA. Construction of the Project would result in short-term diesel PM emissions from the use of both on-road and off-road diesel equipment. The OEHHA guidance recommends assessing cancer risks for construction projects lasting longer than two months. Since construction would very likely occur over a period lasting longer than two months, the HRA prepared for the Project should include health risks for existing residences near the Project-site during construction. The HRA should account for all diesel PM emission sources related to Project construction, including, but not limited to, off-road mobile equipment, diesel generators, and on-road heavy-duty trucks. As previously stated in Section I of this letter, the cancer risks evaluated in the construction HRA should be based on the latest OEHHA guidance, and CARB’s HARP2 model. The cancer risks reported in the HRA should be calculated using the latest emission factors obtained from CARB’s latest EMFAC (currently EMFAC 2021) and off-road models. Conclusion To reduce the exposure of toxic diesel PM emissions in disadvantaged communities already impacted by air pollution, the final design of the Project should include all existing and emerging zero-emission technologies to minimize diesel PM and NOx emissions, as well as the greenhouse gases that contribute to climate change. CARB encourages the City and applicant to implement the applicable measures listed in Attachment A of this letter. Given the breadth and scope of projects subject to CEQA review throughout California that have air quality and greenhouse gas impacts, coupled with CARB’s limited staff resources to substantively respond to all issues associated with a project, CARB must prioritize its substantive comments here based on staff time, resources, and its assessment of impacts. CARB’s deliberate decision to substantively comment on some issues does not constitute an admission or concession that it substantively agrees with the lead agency’s findings and conclusions on any issues on which CARB does not substantively submit comments. CARB appreciates the opportunity to comment on the NOP for the Project and can provide assistance on zero-emission technologies and emission reduction strategies, as needed. Please include CARB on your State Clearinghouse list of selected State agencies that will Jon Dille January 7, 2022 Page 4 4 receive the DEIR as part of the comment period. If you have questions, please contact Stanley Armstrong, Air Pollution Specialist via email at stanley.armstrong@arb.ca.gov. Sincerely, Robert Krieger, Branch Chief, Risk Reduction Branch Attachment cc: State Clearinghouse state.clearinghouse@opr.ca.gov Carlo De La Cruz, Senior Campaign Representative, Sierra Club carlo.delacruz@sierraclub.org Lijin Sun, Program Supervisor, CEQA Intergovernmental Review, South Coast Air Quality Management District lsun@aqmd.gov Morgan Capilla, NEPA Reviewer, U.S. Environmental Protection Agency, Air Division, Region 9 capilla.morgan@epa.gov Taylor Thomas, Research and Policy Analyst, East Yard Communities for Environmental Justice tbthomas@eycej.org Stanley Armstrong, Air Pollution Specialist, Risk Reduction Branch 1 Attachment A Recommended Air Pollution Emission Reduction Measures for Warehouses and Distribution Centers The California Air Resources Board (CARB) recommends developers and government planners use all existing and emerging zero to near-zero emission technologies during project construction and operation to minimize public exposure to air pollution. Below are some measures, currently recommended by CARB, specific to warehouse and distribution center projects. These recommendations are subject to change as new zero-emission technologies become available. Recommended Construction Measures 1. Ensure the cleanest possible construction practices and equipment are used. This includes eliminating the idling of diesel-powered equipment and providing the necessary infrastructure (e.g., electrical hookups) to support zero and near-zero equipment and tools. 2. Implement, and plan accordingly for, the necessary infrastructure to support the zero and near-zero emission technology vehicles and equipment that will be operating on site. Necessary infrastructure may include the physical (e.g., needed footprint), energy, and fueling infrastructure for construction equipment, on-site vehicles and equipment, and medium-heavy and heavy-heavy duty trucks. 3. In construction contracts, include language that requires all off-road diesel-powered equipment used during construction to be equipped with Tier 4 or cleaner engines, except for specialized construction equipment in which Tier 4 engines are not available. In place of Tier 4 engines, off-road equipment can incorporate retrofits, such that, emission reductions achieved are equal to or exceed that of a Tier 4 engine. 4. In construction contracts, include language that requires all off-road equipment with a power rating below 19 kilowatts (e.g., plate compactors, pressure washers) used during project construction be battery powered. 5. In construction contracts, include language that requires all heavy-duty trucks entering the construction site, during the grading and building construction phases be model 2 year 2014 or later. All heavy-duty haul trucks should also meet CARB’s lowest optional low-oxides of nitrogen (NOx) standard starting in the year 2022.1 6. In construction contracts, include language that requires all construction equipment and fleets to be in compliance with all current air quality regulations. CARB is available to assist in implementing this recommendation. Recommended Operation Measures 1. Include contractual language in tenant lease agreements that requires tenants to use the cleanest technologies available, and to provide the necessary infrastructure to support zero-emission vehicles and equipment that will be operating on site. 2. Include contractual language in tenant lease agreements that requires all loading/unloading docks and trailer spaces be equipped with electrical hookups for trucks with transport refrigeration units (TRU) or auxiliary power units. This requirement will substantially decrease the amount of time that a TRU powered by a fossil-fueled internal combustion engine can operate at the project site. Use of zero-emission all-electric plug-in TRUs, hydrogen fuel cell transport refrigeration, and cryogenic transport refrigeration are encouraged and can also be included in lease agreements.2 3. Include contractual language in tenant lease agreements that requires all TRUs entering the project-site be plug-in capable. 4. Include contractual language in tenant lease agreements that requires future tenants to exclusively use zero-emission light and medium-duty delivery trucks and vans. 5. Include contractual language in tenant lease agreements that requires all service equipment (e.g., yard hostlers, yard equipment, forklifts, and pallet jacks) used within the project site to be zero-emission. This equipment is widely available and can be purchased using incentive funding from CARB’s Clean Off-Road Equipment Voucher Incentive Project (CORE).3 6. Include contractual language in tenant lease agreements that requires all heavy-duty trucks entering or on the project site to be model year 2014 or later, expedite a transition to zero-emission vehicles, and be fully zero-emission beginning in 2023. A list of commercially available zero-emission trucks can be obtained from the the Hybrid 1. In 2013, CARB adopted optional low-NOx emission standards for on-road heavy-duty engines. CARB encourages engine manufacturers to introduce new technologies to reduce NOx emissions below the current mandatory on-road heavy-duty diesel engine emission standards for model-year 2010 and later. CARB’s optional low-NOx emission standard is available at: https://ww2.arb.ca.gov/our-work/programs/optional- reduced-nox-standards . 2. CARB’s technology assessment for transport refrigerators provides information on the current and projected development of TRUs, including current and anticipated costs. The assessment is available at: https://www.arb.ca.gov/msprog/tech/techreport/tru_07292015.pdf 3 Clean Off-Road Equipment Voucher Incentive Project. Accessible at: https://californiacore.org/how-to- participate/ 3 and Zero-emission Truck and Bus Voucher Incentive Project (HVIP).4 Additional insentive funds can be obtained from the Carl Moyer Program and Voucher Incentive Program.5 7. Include contractual language in tenant lease agreements that requires the tenant to be in, and monitor compliance with, all current air quality regulations for on-road trucks including CARB’s Heavy-Duty (Tractor-Trailer) Greenhouse Gas Regulation,6 Advanced Clean Trucks Regulation,7 Periodic Smoke Inspection Program (PSIP),8 and the Statewide Truck and Bus Regulation.9 8. Include contractual language in tenant lease agreements restricting trucks and support equipment from idling longer than two minutes while on site. 9. Include rooftop solar panels for each proposed warehouse to the extent feasible, with a capacity that matches the maximum allowed for distributed solar connections to the grid. 10. Include contractual language in tenant lease agreements, requiring the installing of vegetative walls10 or other effective barriers that separate loading docks and people living or working nearby. 11. Include contractual language in tenant lease agreements, requiring all emergency generators to be powered by a non-diesel fuel. 12. The project should be constructed to meet CalGreen Tier 2 green building standards, including all provisions related to designated parking for clean air vehicles, electric vehicle charging, and bicycle parking, and achieve a certification of compliance with LEED green building standards. 4 Zero-Emission Truck and Bus Voucher Incentive Project. Accessible at: https://californiahvip.org/ 5 Carl Moyer Program and Voucher Incentive Program. https://ww2.arb.ca.gov/carl-moyer-program-apply 6. In December 2008, CARB adopted a regulation to reduce greenhouse gas emissions by improving the fuel efficiency of heavy-duty tractors that pull 53-foot or longer box-type trailers. The regulation applies primarily to owners of 53-foot or longer box-type trailers, including both dry-van and refrigerated-van trailers, and owners of the heavy-duty tractors that pull them on California highways. CARB’s Heavy-Duty (Tractor-Trailer) Greenhouse Gas Regulation is available at: https://ww2.arb.ca.gov/our-work/programs/ttghg 7 On June 25, 2020, CARB approved the Advanced Clean Trucks Regulation. The regulation requires manufacturers to start the transition from diesel trucks and vans to zero-emission trucks beginning in 2024. The rule is expected to result in about 100,000 electric trucks in California by the end of 2030 and about 300,000 by 2035. CARB is expected to consider a fleet regulation in 2021 that would be compatible with the Advanced Clean Trucks regulation, requiring fleets to purchase a certain percentage of zero-emission trucks and vans for their fleet operations. https://ww2.arb.ca.gov/our-work/programs/advanced-clean-trucks 8. The PSIP program requires that diesel and bus fleet owners conduct annual smoke opacity inspections of their vehicles and repair those with excessive smoke emissions to ensure compliance. CARB’s PSIP program is available at: https://www.arb.ca.gov/enf/hdvip/hdvip.htm 9. The regulation requires that newer heavier trucks and buses must meet particulate matter filter requirements beginning January 1, 2012. Lighter and older heavier trucks must be replaced starting January 1, 2015. By January 1, 2023, nearly all trucks and buses will need to have 2010 model-year engines or equivalent. CARB’s Statewide Truck and Bus Regulation is available at: https://www.arb.ca.gov/msprog/onrdiesel/onrdiesel.htm 10. Effectiveness of Sound Wall-Vegetation Combination Barriers as Near-Roadway Pollutant Mitigation Strategies (2017) is available at: https://ww2.arb.ca.gov/sites/default/files/classic//research/apr/past/13-306.pdf STATE OF CALIFORNIA Gavin Newsom, Governor NATIVE AMERICAN HERITAGE COMMI SSION Page 1 of 5 December 7, 2021 Jon Dille City of Fontana 8353 Sierra Ave. Fontana, CA 92335 Re: 2021120059, Cypress and Slover Facility Project, San Bernardino County Dear Mr. Dille: The Native American Heritage Commission (NAHC) has received the Notice of Preparation (NOP), Draft Environmental Impact Report (DEIR) or Early Consultation for the project referenced above. The California Environmental Quality Act (CEQA) (Pub. Resources Code §21000 et seq.), specifically Public Resources Code §21084.1, states that a project that may cause a substantial adverse change in the significance of a historical resource, is a project that may have a significant effect on the environment. (Pub. Resources Code § 21084.1; Cal. Code Regs., tit.14, §15064.5 (b) (CEQA Guidelines §15064.5 (b)). If there is substantial evidence, in light of the whole record before a lead agency, that a project may have a significant effect on the environment, an Environmental Impact Report (EIR) shall be prepared. (Pub. Resources Code §21080 (d); Cal. Code Regs., tit. 14, § 5064 subd.(a)(1) (CEQA Guidelines §15064 (a)(1)). In order to determine whether a project will cause a substantial adverse change in the significance of a historical resource, a lead agency will need to determine whether there are historical resources within the area of potential effect (APE). CEQA was amended significantly in 2014. Assembly Bill 52 (Gatto, Chapter 532, Statutes of 2014) (AB 52) amended CEQA to create a separate category of cultural resources, “tribal cultural resources” (Pub. Resources Code §21074) and provides that a project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment. (Pub. Resources Code §21084.2). Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource. (Pub. Resources Code §21084.3 (a)). AB 52 applies to any project for which a notice of preparation, a notice of negative declaration, or a mitigated negative declaration is filed on or after July 1, 2015. If your project involves the adoption of or amendment to a general plan or a specific plan, or the designation or proposed designation of open space, on or after March 1, 2005, it may also be subject to Senate Bill 18 (Burton, Chapter 905, Statutes of 2004) (SB 18). Both SB 18 and AB 52 have tribal consultation requirements. If your project is also subject to the federal National Environmental Policy Act (42 U.S.C. § 4321 et seq.) (NEPA), the tribal consultation requirements of Section 106 of the National Historic Preservation Act of 1966 (154 U.S.C. 300101, 36 C.F.R. §800 et seq.) may also apply. The NAHC recommends consultation with California Native American tribes that are traditionally and culturally affiliated with the geographic area of your proposed project as early as possible in order to avoid inadvertent discoveries of Native American human remains and best protect tribal cultural resources. Below is a brief summary of portions of AB 52 and SB 18 as well as the NAHC’s recommendations for conducting cultural resources assessments. Consult your legal counsel about compliance with AB 52 and SB 18 as well as compliance with any other applicable laws. CHAIRPERSON Laura Miranda Luiseño VICE CHAIRPERSON Reginald Pagaling Chumash PARLIAMENTARIAN Russell Attebery Karuk COMMISSIONER William Mungary Paiute/White Mountain Apache COMMISSIONER Isaac Bojorquez Ohlone-Costanoan COMMISSIONER Sara Dutschke Miwok COMMISSIONER Buffy McQuillen Yokayo Pomo, Yuki, Nomlaki COMMISSIONER Wayne Nelson Luiseño COMMISSIONER Stanley Rodriguez Kumeyaay EXECUTIVE SECRETARY Christina Snider Pomo NAHC HEADQUARTERS 1550 Harbor Boulevard Suite 100 West Sacramento, California 95691 (916) 373-3710 nahc@nahc.ca.gov NAHC.ca.gov Page 2 of 5 AB 52 AB 52 has added to CEQA the additional requirements listed below, along with many other requirements: 1. Fourteen Day Period to Provide Notice of Completion of an Application/Decision to Undertake a Project: Within fourteen (14) days of determining that an application for a project is complete or of a decision by a public agency to undertake a project, a lead agency shall provide formal notification to a designated contact of, or tribal representative of, traditionally and culturally affiliated California Native American tribes that have requested notice, to be accomplished by at least one written notice that includes: a. A brief description of the project. b. The lead agency contact information. c. Notification that the California Native American tribe has 30 days to request consultation. (Pub. Resources Code §21080.3.1 (d)). d. A “California Native American tribe” is defined as a Native American tribe located in California that is on the contact list maintained by the NAHC for the purposes of Chapter 905 of Statutes of 2004 (SB 18). (Pub. Resources Code §21073). 2. Begin Consultation Within 30 Days of Receiving a Tribe’s Request for Consultation and Before Releasing a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report: A lead agency shall begin the consultation process within 30 days of receiving a request for consultation from a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project. (Pub. Resources Code §21080.3.1, subds. (d) and (e)) and prior to the release of a negative declaration, mitigated negative declaration or Environmental Impact Report. (Pub. Resources Code §21080.3.1(b)). a. For purposes of AB 52, “consultation shall have the same meaning as provided in Gov. Code §65352.4 (SB 18). (Pub. Resources Code §21080.3.1 (b)). 3. Mandatory Topics of Consultation If Requested by a Tribe: The following topics of consultation, if a tribe requests to discuss them, are mandatory topics of consultation: a. Alternatives to the project. b. Recommended mitigation measures. c. Significant effects. (Pub. Resources Code §21080.3.2 (a)). 4. Discretionary Topics of Consultation: The following topics are discretionary topics of consultation: a. Type of environmental review necessary. b. Significance of the tribal cultural resources. c. Significance of the project’s impacts on tribal cultural resources. d. If necessary, project alternatives or appropriate measures for preservation or mitigation that the tribe may recommend to the lead agency. (Pub. Resources Code §21080.3.2 (a)). 5. Confidentiality of Information Submitted by a Tribe During the Environmental Review Process: With some exceptions, any information, including but not limited to, the location, description, and use of tribal cultural resources submitted by a California Native American tribe during the environmental review process shall not be included in the environmental document or otherwise disclosed by the lead agency or any other public agency to the public, consistent with Government Code §6254 (r) and §6254.10. Any information submitted by a California Native American tribe during the consultation or environmental review process shall be published in a confidential appendix to the environmental document unless the tribe that provided the information consents, in writing, to the disclosure of some or all of the information to the public. (Pub. Resources Code §21082.3 (c)(1)). 6. Discussion of Impacts to Tribal Cultural Resources in the Environmental Document: If a project may have a significant impact on a tribal cultural resource, the lead agency’s environmental document shall discuss both of the following: a. Whether the proposed project has a significant impact on an identified tribal cultural resource. b. Whether feasible alternatives or mitigation measures, including those measures that may be agreed to pursuant to Public Resources Code §21082.3, subdivision (a), avoid or substantially lessen the impact on the identified tribal cultural resource. (Pub. Resources Code §21082.3 (b)). Page 3 of 5 7. Conclusion of Consultation: Consultation with a tribe shall be considered concluded when either of the following occurs: a. The parties agree to measures to mitigate or avoid a significant effect, if a significant effect exists, on a tribal cultural resource; or b. A party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached. (Pub. Resources Code §21080.3.2 (b)). 8. Recommending Mitigation Measures Agreed Upon in Consultation in the Environmental Document: Any mitigation measures agreed upon in the consultation conducted pursuant to Public Resources Code §21080.3.2 shall be recommended for inclusion in the environmental document and in an adopted mitigation monitoring and reporting program, if determined to avoid or lessen the impact pursuant to Public Resources Code §21082.3, subdivision (b), paragraph 2, and shall be fully enforceable. (Pub. Resources Code §21082.3 (a)). 9. Required Consideration of Feasible Mitigation: If mitigation measures recommended by the staff of the lead agency as a result of the consultation process are not included in the environmental document or if there are no agreed upon mitigation measures at the conclusion of consultation, or if consultation does not occur, and if substantial evidence demonstrates that a project will cause a significant effect to a tribal cultural resource, the lead agency shall consider feasible mitigation pursuant to Public Resources Code §21084.3 (b). (Pub. Resources Code §21082.3 (e)). 10. Examples of Mitigation Measures That, If Feasible, May Be Considered to Avoid or Minimize Significant Adverse Impacts to Tribal Cultural Resources: a. Avoidance and preservation of the resources in place, including, but not limited to: i. Planning and construction to avoid the resources and protect the cultural and natural context. ii. Planning greenspace, parks, or other open space, to incorporate the resources with culturally appropriate protection and management criteria. b. Treating the resource with culturally appropriate dignity, taking into account the tribal cultural values and meaning of the resource, including, but not limited to, the following: i. Protecting the cultural character and integrity of the resource. ii. Protecting the traditional use of the resource. iii. Protecting the confidentiality of the resource. c. Permanent conservation easements or other interests in real property, with culturally appropriate management criteria for the purposes of preserving or utilizing the resources or places. d. Protecting the resource. (Pub. Resource Code §21084.3 (b)). e. Please note that a federally recognized California Native American tribe or a non-federally recognized California Native American tribe that is on the contact list maintained by the NAHC to protect a California prehistoric, archaeological, cultural, spiritual, or ceremonial place may acquire and hold conservation easements if the conservation easement is voluntarily conveyed. (Civ. Code §815.3 (c)). f. Please note that it is the policy of the state that Native American remains and associated grave artifacts shall be repatriated. (Pub. Resources Code §5097.991). 11. Prerequisites for Certifying an Environmental Impact Report or Adopting a Mitigated Negative Declaration or Negative Declaration with a Significant Impact on an Identified Tribal Cultural Resource: An Environmental Impact Report may not be certified, nor may a mitigated negative declaration or a negative declaration be adopted unless one of the following occurs: a. The consultation process between the tribes and the lead agency has occurred as provided in Public Resources Code §21080.3.1 and §21080.3.2 and concluded pursuant to Public Resources Code §21080.3.2. b. The tribe that requested consultation failed to provide comments to the lead agency or otherwise failed to engage in the consultation process. c. The lead agency provided notice of the project to the tribe in compliance with Public Resources Code §21080.3.1 (d) and the tribe failed to request consultation within 30 days. (Pub. Resources Code §21082.3 (d)). The NAHC’s PowerPoint presentation titled, “Tribal Consultation Under AB 52: Requirements and Best Practices” may be found online at: http://nahc.ca.gov/wp-content/uploads/2015/10/AB52TribalConsultation_CalEPAPDF.pdf Page 4 of 5 SB 18 SB 18 applies to local governments and requires local governments to contact, provide notice to, refer plans to, and consult with tribes prior to the adoption or amendment of a general plan or a specific plan, or the designation of open space. (Gov. Code §65352.3). Local governments should consult the Governor’s Office of Planning and Research’s “Tribal Consultation Guidelines,” which can be found online at: https://www.opr.ca.gov/docs/09_14_05_Updated_Guidelines_922.pdf. Some of SB 18’s provisions include: 1. Tribal Consultation: If a local government considers a proposal to adopt or amend a general plan or a specific plan, or to designate open space it is required to contact the appropriate tribes identified by the NAHC by requesting a “Tribal Consultation List.” If a tribe, once contacted, requests consultation the local government must consult with the tribe on the plan proposal. A tribe has 90 days from the date of receipt of notification to request consultation unless a shorter timeframe has been agreed to by the tribe. (Gov. Code §65352.3 (a)(2)). 2. No Statutory Time Limit on SB 18 Tribal Consultation. There is no statutory time limit on SB 18 tribal consultation. 3. Confidentiality: Consistent with the guidelines developed and adopted by the Office of Planning and Research pursuant to Gov. Code §65040.2, the city or county shall protect the confidentiality of the information concerning the specific identity, location, character, and use of places, features and objects described in Public Resources Code §5097.9 and §5097.993 that are within the city’s or county’s jurisdiction. (Gov. Code §65352.3 (b)). 4. Conclusion of SB 18 Tribal Consultation: Consultation should be concluded at the point in which: a. The parties to the consultation come to a mutual agreement concerning the appropriate measures for preservation or mitigation; or b. Either the local government or the tribe, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached concerning the appropriate measures of preservation or mitigation. (Tribal Consultation Guidelines, Governor’s Office of Planning and Research (2005) at p. 18). Agencies should be aware that neither AB 52 nor SB 18 precludes agencies from initiating tribal consultation with tribes that are traditionally and culturally affiliated with their jurisdictions before the timeframes provided in AB 52 and SB 18. For that reason, we urge you to continue to request Native American Tribal Contact Lists and “Sacred Lands File” searches from the NAHC. The request forms can be found online at: http://nahc.ca.gov/resources/forms/. NAHC Recommendations for Cultural Resources Assessments To adequately assess the existence and significance of tribal cultural resources and plan for avoidance, preservation in place, or barring both, mitigation of project-related impacts to tribal cultural resources, the NAHC recommends the following actions: 1. Contact the appropriate regional California Historical Research Information System (CHRIS) Center (http://ohp.parks.ca.gov/?page_id=1068) for an archaeological records search. The records search will determine: a. If part or all of the APE has been previously surveyed for cultural resources. b. If any known cultural resources have already been recorded on or adjacent to the APE. c. If the probability is low, moderate, or high that cultural resources are located in the APE. d. If a survey is required to determine whether previously unrecorded cultural resources are present. 2. If an archaeological inventory survey is required, the final stage is the preparation of a professional report detailing the findings and recommendations of the records search and field survey. a. The final report containing site forms, site significance, and mitigation measures should be submitted immediately to the planning department. All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum and not be made available for public disclosure. b. The final written report should be submitted within 3 months after work has been completed to the appropriate regional CHRIS center. Page 5 of 5 3. Contact the NAHC for: a. A Sacred Lands File search. Remember that tribes do not always record their sacred sites in the Sacred Lands File, nor are they required to do so. A Sacred Lands File search is not a substitute for consultation with tribes that are traditionally and culturally affiliated with the geographic area of the project’s APE. b. A Native American Tribal Consultation List of appropriate tribes for consultation concerning the project site and to assist in planning for avoidance, preservation in place, or, failing both, mitigation measures. 4. Remember that the lack of surface evidence of archaeological resources (including tribal cultural resources) does not preclude their subsurface existence. a. Lead agencies should include in their mitigation and monitoring reporting program plan provisions for the identification and evaluation of inadvertently discovered archaeological resources per Cal. Code Regs., tit. 14, §15064.5(f) (CEQA Guidelines §15064.5(f)). In areas of identified archaeological sensitivity, a certified archaeologist and a culturally affiliated Native American with knowledge of cultural resources should monitor all ground-disturbing activities. b. Lead agencies should include in their mitigation and monitoring reporting program plans provisions for the disposition of recovered cultural items that are not burial associated in consultation with culturally affiliated Native Americans. c. Lead agencies should include in their mitigation and monitoring reporting program plans provisions for the treatment and disposition of inadvertently discovered Native American human remains. Health and Safety Code §7050.5, Public Resources Code §5097.98, and Cal. Code Regs., tit. 14, §15064.5, subdivisions (d) and (e) (CEQA Guidelines §15064.5, subds. (d) and (e)) address the processes to be followed in the event of an inadvertent discovery of any Native American human remains and associated grave goods in a location other than a dedicated cemetery. If you have any questions or need additional information, please contact me at my email address: Andrew.Green@nahc.ca.gov. Sincerely, Andrew Green Cultural Resources Analyst cc: State Clearinghouse