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Home My WebLink AboutInitial Study MNDInitial Study/Mitigated Negative Declaration SCH No. 2023080784 Alder Merrill GPA and Zone Change City of Fontana, California Lead Agency City of Fontana 8353 Sierra Avenue Fontana, CA 92355 CEQA Consultant T&B Planning, Inc. 3200 El Camino Real, Suite 100 Irvine, CA 92602 Project Applicant SP Acquisition, LLC August 25, 2023 INITIAL STUDY CITY OF FONTANA 1. Project Title: Alder and Merrill GPA and Zone Change 2. Lead Agency Name and Address: City of Fontana, Community Development Department, Planning Division, 8353 Sierra Avenue, Fontana, CA 92335 3. Contact Person and Phone Number: Salvador Quintanilla, (909) 350-6656 4. Project Location: North of Merrill Avenue between Alder Avenue and Laurel Avenue 5. Project Sponsor’s Name and Address: Shea Properties, 130 Vantis Street, Suite 200, Aliso Viejo, CA 92656 6. General Plan Designation: Single-Family Residential (R-SF) 7. Zoning: Single-Family Residential (R-1) 8. Description of the Project: The Alder and Merrill Project consists of a proposed General Plan Amendment and a Zone Change for a 6.4-acre property (“Project Site”) that is located north of Merrill Avenue, between Alder Avenue and Laurel Avenue (see Figure 1, Vicinity Map, and Figure 2, Aerial Map). The General Plan Amendment would change the General Plan land use designation of the Project Site from Single-Family Residential (R-SF) to Multi-Family Medium High Density Residential (R-MFMH) (see Figure 3, Proposed General Plan Amendment) and the zoning of the Project Site from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R-4) (see Figure 4, Proposed Change of Zone). The unit count allowance would increase from a maximum of 32 residential units (6.4 acres x 5.0 units/acre = 32) to 249 residential units (6.4 acres x 39 units/acre = 249), for a total increase of 217 units, assuming maximum development potential under the existing and proposed designations. No development project is currently proposed and no physical disturbance of the property is currently proposed. 9. Surrounding Land Uses and Setting: To the north of the Project Site are single-family residential houses. Further north is Citron Avenue, a mix of single-family residential houses and vacant, undeveloped land, and the Fontana Metrolink rail tracks. The southeast corner of the Project Site extends to Laurel Avenue. North of this, the eastern boundary of the Project Site is adjacent to single-family residential houses that are located between the Project Site and Laurel Avenue. East of Laurel Avenue is a mix of single-family residential houses and vacant, undeveloped land. The majority of the Project Site boundary to the south extends to Merrill Avenue; however, there are six single-family houses that are located between the southern Project Site boundary and Merrill Avenue that are not included as part of the Project Site. South of Merrill Avenue is the Dolores Huerta International Academy Elementary School and additional single-family residential houses. West of the Project Site is a mix of single-family residential houses and vacant, undeveloped land. Further west is Alder Avenue and a mix of single-family residential houses and vacant, undeveloped land. 10. Other public agencies whose approval is required: None 0 150 30075 Feet Proposed General Plan Amendment Figure 3 Page X-X Source(s): City of Fontana (2021), ESRI, Nearmap Imagery (2022), SB County (2022) Mitigated Negative Declaration City of FontanaALDER AVELAUREL AVEMERRILL AVE CITRON AVE CITRON AVE R-MFMH R-SF R-SF R-SF P-PFALDER AVELAUREL AVEMERRILL AVE CITRON AVE CITRON AVE R-SF R-SF R-SF R-SF P-PF Alder and Merrill Change of Zone EXISTING PROPOSED Legend City of FontanaGeneral Plan Land Use Designations Project Site Multi Family Median/High Residenerial (R-MFMH)Single-Family Residential (R-SF) Public Facilities (P-PF) 0 150 30075 Feet Proposed Change of Zone Figure 4 Page X-X Source(s): City of Fontana (2021), ESRI, Nearmap Imagery (2022), SB County (2022) Mitigated Negative Declaration City of FontanaALDER AVELAUREL AVEMERRILL AVE CITRON AVE CITRON AVE R-4 R-1 R-1 R-1 P-PFALDER AVELAUREL AVEMERRILL AVE CITRON AVE CITRON AVE R-1 R-1 R-1 R-1 P-PF PROPOSED Alder and Merrill Change of Zone EXISTING Legend City of FontanaZoning Classifications Project Site Multi Family Medium/High Density Residential (R-4)Single Family (R-1) Public Facility (P-PF) Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-2 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 ☐ Greenhouse Gas Emissions ☐ Public Services ☐ Agriculture and Forestry Resources ☐ Hazards & Hazardous Materials ☐ Recreation ☐ Air Quality ☐ Hydrology/Water Quality ☐ Transportation ☐ Biological Resources ☐ Land Use/Planning ☐ Tribal Cultural Resources ☐ Cultural Resources ☐ Mineral Resources ☐ Utilities/Service Systems ☐ Energy ☐ Noise ☐ Wildfire ☐ Geology/Soils ☐ Population/Housing ☐ Mandatory Findings of Significance Determination: On the basis of this initial evaluation: ☐ 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" 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. Signature Date Printed Name City of Fontana For Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-3 Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a Lead Agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the Lead Agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The Lead Agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-4 I. AESTHETICS Potentially Significant Impact Less than Significant with Mitigation Incorporated Less than Significant Impact No Impact Except as provided in Public Resources Code Section 21099, would the project: a) Have a substantial adverse effect on a scenic vista? ☐ ☐ ☒ ☐ b) Substantially damage scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? ☐ ☐ ☐ ☒ c) 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? ☐ ☐ ☐ ☒ d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? ☐ ☐ ☒ ☐ a) Less than Significant Impact. Under existing conditions, the Project Site does not serve as a scenic vista or contribute to a scenic vista. Furthermore, the City of Fontana’s General Plan does not identify any scenic vistas or scenic corridors on the Project Site or in the vicinity of the Project Site (City of Fontana, 2018b, p. 5.1-1). Scenic resources visible (at least partially) from public viewpoints near to the Project Site include the San Gabriel Mountains (approximately 6.4 miles to the north) and the Jurupa Hills (approximately 3.3 miles to the southwest), both visible from Alder Avenue, Merrill Avenue, and Laurel Avenue (Google Earth, 2022). Under existing conditions, views of the San Gabriel Mountains and the Jurupa Hills are partially obscured from Alder Avenue, Merrill Avenue, and Laurel Avenue due to intervening development and landscaping, topography, and atmospheric haze that is common in the Inland Empire throughout the year. The Project proposes to change the zoning classification of the Project Site from Single-Family Residential (R-1), which allows a maximum of 32 residential units on the Site’s 6.4 acres, to Multi-Family Medium/High Density Residential (R-4), which would allow a maximum of 249 residential units. This change of zone would increase the total maximum number of allowable residential units by 217, assuming the maximum development allowance. No development project is currently proposed; therefore, it would be speculative to assume what a future development project would entail. According to the Fontana Municipal Code, multi-family building heights in the R-4 zoning district are permitted a maximum building height of 55 feet (ft). If a future development project should occur and the Project Site were to be developed to the maximum potential, views of the San Gabriel Mountains could be partially but not completely obscured from Merrill Avenue and Laurel Avenue, and views of the Jurupa Hills could be partially but not Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-5 completely obscured from Laurel Avenue. The views of the San Gabriel Mountains and Jurupa Hills would not be substantially more obscured from public view than views under existing conditions, and views would continue to be available in the distance above and beyond buildings that may be developed on the property. Based on the foregoing analysis, the Project would not have a substantial adverse effect on a scenic vista or scenic resources in the Project vicinity. Impacts would be less than significant. b) No Impact. The Project Site is not located within or adjacent to an officially designated State scenic highway corridor and does not contain scenic resources, such as trees of scenic value or rock outcroppings (Caltrans, 2019). The nearest eligible scenic highway to the Project Site is State Route 38 (SR-38), located approximately 13.5 miles east of the Project Site (Google Earth, 2022; Caltrans, 2019). Because of distance and intervening development and topography, any future development under the R-4 zoning designation on the Project Site would not be visible from SR-38 and, therefore, would not adversely affect views from this scenic corridor. No impact would occur. Based on the foregoing analysis, there is no potential for the proposed Project to adversely impact the viewshed within a scenic highway corridor. No impact would occur. c) No Impact. The United States Census Bureau defines “urbanized area” as a densely settled core of census tracts and/or census blocks that have 50,000 or more residents and meet minimum population density requirements while also being adjacent to territory containing non-residential urban land uses. The Project Site is located within the boundaries of the Census-defined Riverside-San Bernardino urban area (USCB, 2012); therefore, the Project would be considered to result in a significant adverse impact under this threshold only if the Project would conflict with applicable zoning and other regulations governing scenic quality. No development project is currently proposed; therefore, it would be speculative to assume what a future development project would entail. Should a future development project be proposed on the Project Site, the Project would be required to be designed in accordance with the City of Fontana’s Zoning and Development Code, including applicable provisions governing scenic quality. No impact would occur. d) Less than Significant Impact. Under the existing conditions, the Project Site contains only one house and associated shed with the remainder of the Project Site being vacant, undeveloped land. The one residential structure produces minimal sources of artificial lighting; however, artificial lighting (i.e., street lights) are present along the Project Site’s frontages on Alder Avenue, Merrill Avenue and Laurel Avenue, and from the residential structures surrounding the Project Site. No development project is currently proposed; therefore, the Project would not create a new source of substantial light or glare. It would be speculative to assume what a future development project would entail; however, should a future development project be proposed on the Project Site, the development would be required to be designed in accordance with the lighting requirements as set forth in the City of Fontana Municipal Code (Sections 30-265 and 30-266). The Municipal Code lighting standards govern the placement and design of outdoor lighting fixtures to ensure adequate lighting for public safety while also minimizing light pollution and glare and precluding public nuisances. The City would confirm compliance with applicable lighting requirements during future review of building permit applications/plans. Mandatory compliance with Municipal Code Sections 30-265 and 30-266 would ensure that any future Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-6 development on the Project Site would not introduce any permanent design features that would adversely affect day or nighttime views in the area. Based on the foregoing analysis, with compliance with the Fontana Municipal Code, any future development on the Project Site would result in less than significant impacts of light and glare on day and nighttime views. Mitigation No mitigation for the Project is required; however, MM-AES-1 from the General Plan EIR, related to the visual screening of construction equipment, would apply to lessen potential and temporary construction- related visual effects of any future development projects on the Project Site. Refer to Section 5.0 for the mitigation measure. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-7 II. AGRICULTURE AND FORESTRY RESOURCES Potentially Significant Impact Less than Significant with Mitigation Incorporated Less than Significant Impact No Impact 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) 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? ☐ ☐ ☐ ☒ b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? ☐ ☐ ☐ ☒ c) 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))? ☐ ☐ ☐ ☒ d) Result in the loss of forest land or conversion of forest land to non-forest use? ☐ ☐ ☐ ☒ e) 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? ☐ ☐ ☐ ☒ a) No Impact. No development is proposed with the Project; therefore, no ground disturbance would occur. Should future development occur on the Project Site, according to Farmland Mapping and Monitoring Program mapping information available from the California Department of Conservation, the Project Site consists of Urban and Built-up Land and does not contain any soils mapped as “Prime Farmland,” “Unique Farmland,” or “Farmland of Statewide Importance” (CDC, 2018). As such, implementation of the Project, or any future development project, would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to a non-agricultural use. No impact would occur. b) No Impact. No development is proposed with the Project; therefore, no ground disturbance would occur. Should future development occur, the Project Site is not subject to a land conservation (Williamson Act) contract (CDC, 2018). In addition, the Project Site is zoned for “Single-Family Residential (R-1)” land uses under existing conditions; therefore, implementation of the Project, or any future development project Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-8 under the proposed R-4 zoning designation, has no potential to conflict with existing zoning for an agricultural use or a Williamson Act contract. No impact would occur. c) No Impact. No development is proposed with the Project; therefore, no ground disturbance would occur. Should future development occur, the Project Site is not zoned as forest land, timberland, or Timberland Production, nor is it surrounded by forest land, timberland, or Timberland Production land. Therefore, implementation of the Project, or any future development project, has no potential to conflict with or cause the rezoning of any areas currently zoned as forest, timberland, or Timberland Production and would not result in the rezoning of any such lands. As such, no impact would occur. d) No Impact. No development is proposed with the Project; therefore, no ground disturbance would occur. Should future development occur, the Project Site does not contain a forest and is not designated as forest land. Thus, implementation of the Project, or any future development project, would not result in the loss of forest land or the conversion of forest land to non-forest use. As such, no impact would occur. e) No Impact. “Farmland” is defined in Section II(a) of Appendix G of the CEQA Guidelines to mean “Prime Farmland,” “Unique Farmland” or “Farmland of Statewide Importance.” As noted above in Response II(a), the Project Site does not contain any soils mapped by the Department of Conservation as “Farmland.” Additionally, as described above in Responses II(c) and II(d), the Project Site and surrounding areas do not contain forest lands or areas designated for forest land uses. Thus, implementation of the Project, or any future development project, would not result in the conversion of Farmland to non- agricultural use or the conversion of forest land to non-forest use. No impact would occur. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-9 III. AIR QUALITY Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact 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) Conflict with or obstruct implementation of the applicable air quality plan? ☐ ☐ ☒ ☐ b) 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? ☐ ☐ ☒ ☐ c) Expose sensitive receptors to substantial pollutant concentrations? ☐ ☐ ☒ ☐ d) Result in other emissions such as those leading to odors adversely affecting a substantial number of people? ☐ ☐ ☐ ☒ An Air Quality and Greenhouse Gas Evaluation was prepared for the Project by Urban Crossroads, Inc. to evaluate potential criteria and hazardous air pollutant emissions that could result if a future development project should occur and the Project Site were to be developed to the maximum potential (Urban Crossroads, 2023a). This report is included as Appendix A to this Initial Study/MND. a) Less than Significant Impact. The Project Site is located within the South Coast Air Basin (SCAB). The SCAB encompasses approximately 6,745 square miles and includes Orange County and the non-desert portions of Los Angeles, Riverside, and San Bernardino counties. The SCAB is bound by the Pacific Ocean to the west; the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east, respectively; and the San Diego County line to the south. Within the SCAB, the SCAQMD is principally responsible for air pollution control, and works directly with the Southern California Association of Governments (SCAG), county transportation commissions, local governments, as well as State and federal agencies to reduce emissions from stationary, mobile, and indirect sources to meet State and federal ambient air quality standards. Historically and presently, State and federal air quality standards are exceeded in most parts of the SCAB. In response, the SCAQMD has adopted a series of Air Quality Management Plans (AQMPs) to meet the State and federal ambient air quality standards. AQMPs are updated regularly in order to more effectively reduce emissions, accommodate growth, and to minimize any negative fiscal impacts of air pollution control on the economy. The current AQMP, the 2016 AQMP, was adopted by SCAQMD in March 2017. Criteria for determining consistency with the AQMP are defined in Chapter 12 of the SCAQMD’s CEQA Air Quality Handbook (1993). The Project’s consistency with these criteria is discussed below. Consistency Criterion No. 1: The proposed 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 Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-10 timely attainment of air quality standards or the interim emissions reductions specified in the AQMP. Consistency Criterion No. 1 refers to violations of the California Ambient Air Quality Standards (CAAQS) and National Ambient Air Quality Standards (NAAQS). As evaluated under Response 4.3(c), below, should a future development project occur on the Project Site at maximum buildout potential, the operational source emissions would not exceed SCAQMD regional or localized emissions thresholds. Accordingly, long-term operation of a future development project would not increase the frequency or severity of existing NAAQS and/or CAAQS violations, cause or contribute to new violations, and/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 based on the years of Project build-out phase. The growth forecasts used in the AQMP to calculate future regional emissions levels are based on land use planning data provided by lead agencies via their general plan documentation. Development projects that increase the intensity of use on a specific property beyond the respective general plan’s vision have the potential to result in increased stationary area source emissions and/or vehicle source emissions when compared to the AQMP assumptions. The prevailing planning document for the Project Site is the City’s General Plan, which designates the Project Site for “Single-Family Residential (R-SF)” land uses and “Single-Family Residential (R- 1)” zoning. The Project proposes a General Plan Amendment to change the land use designation to “Multi-Family Medium High Density Residential (R-MFMH)” and a zone change application to change the zoning classification to “Multi-Family Medium/High Density Residential (R-4).” Although the Project proposes a different land use than called for under the City’s General Plan, the Project would have less than significant air quality impacts as determined under Threshold “b” below and thus would not conflict with the goals and objectives of the AQMP. Because the Project would not exceed the regional air quality significance thresholds, the Project would not conflict with Consistency Criterion No. 2. In summary, because the proposed Project does not conflict with AQMP Consistency Criteria No. 1 or No. 2, the Project is determined to be consistent with the AQMP. As such, the Project would not conflict with the AQMP and a less-than-significant impact would result. b) Less than Significant Impact. The proposed Project would not directly result in the construction of any development or infrastructure, and future development on the Project Site is not reasonably foreseeable at this time. The proposed General Plan Amendment and Zone Change on the Project Site would increase the unit count allowance on the Site from a maximum of 32 residential units to 249 residential units, for a net increase of 217 units assuming maximum development potential under the existing and proposed designations. A comparison was completed between the air quality emissions that would result from maximum development of the Project Site under existing the land use and under the proposed land use. Table 1-1, Net Project Air Quality Emissions, shows the net emissions that would result from maximum buildout of the Project Site. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-11 Table 1-1 Net Project Air Quality Emissions Land Use Emissions (lbs/day) VOC NOx CO SOx PM10 PM2.5 Current General Plan (R-SF): Single Family 2.88 1.77 10.95 0.02 0.70 0.18 Proposed General Plan (R-MFMH): Multifamily 11.68 8.30 49.10 0.09 2.75 0.83 Net Emissions (Proposed – Existing) 8.80 6.53 38.15 0.07 2.05 0.65 SCAQMD Regional Threshold 55 55 550 150 150 55 Threshold Exceeded? NO NO NO NO NO NO Source: (Urban Crossroads, 2023a, Table 3); (SCAQMD, 2023) As shown in Table 1-1, the net emissions of VOC, NOX, CO, SOX, PM10, and PM2.5 would not exceed SCAQMD regional criteria thresholds. Accordingly, the Project would not emit substantial concentrations of these pollutants during long-term operation and would not contribute to an existing or projected air quality violation. The Project’s long-term emissions upon future maximum buildout of VOC, NOX, CO, SOX, PM10, and PM2.5 would be less than significant and no mitigation is required. c) Less than Significant Impact. The proposed Project would not directly result in the construction of any development or infrastructure and would therefore not expose sensitive receptors to substantial pollutant concentrations. Although would be speculative to assume what a future development project would entail in terms of construction details, the residential nature of future development would ensure that sensitive receptors would not be exposed to substantial pollutant concentrations. Residential uses do not attract or produce air pollutant emissions in quantities that would significantly impact sensitive receptors. As such, less than significant impacts would occur associated with the proposed Project. d) No Impact. The proposed Project would not directly result in the construction of any development or infrastructure and would therefore not result in emissions that create odors. Should a future development project be proposed on the Project Site in the future, it is reasonably foreseeable that such a project would not produce significant odors because residential projects are not known sources of odor. The only potential for odor would be from refuse, and trash is required to be stored in covered containers and is collected at regular intervals. Furthermore, compliance with SCAQMD Rule 402 “Nuisance,” which prohibits the discharge of air emissions that 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, is mandatory. Rule 402 is applicable to odors. No impact would occur associated with the currently proposed Project, which does not entail a development proposal. Mitigation No mitigation for the Project is required; however, MM-AQ-1, MM-AQ-2, MM-AQ-3, MM-AQ-8, MM- AQ-9, MM-AQ-10, MM-AQ-11, MM-AQ-12, MM-AQ-13, MM-AQ-14, MM-AQ-20, MM-AQ-21, MM- AQ-22, and MM-AQ-23 from the General Plan EIR would apply to lessen impacts of any future development projects on the Project Site. Refer to Section 5.0 for the mitigation measures. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-12 IV. BIOLOGICAL RESOURCES Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact Would the project: a) 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 Wildlife or U. S. Fish and Wildlife Service? ☐ ☒ ☐ ☐ b) 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 Wildlife or U. S. Fish and Wildlife Service? ☐ ☐ ☐ ☒ c) 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 interruption, or other means? ☐ ☐ ☐ ☒ d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established native resident migratory wildlife corridors, or impede the use of native wildlife nursery sites? ☐ ☒ ☐ ☐ e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? ☐ ☐ ☒ ☐ f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or State habitat conservation plan? ☐ ☐ ☐ ☒ A Biological Resources Assessment was prepared for the Project Site by ELMT Consulting (ELMT Consulting, 2023). This report documents the existing biological resources on the Project Site and evaluates the potential impacts to these resources that may occur as a result from the future implementation of residential development. This report is included as Appendix B to this Initial Study/MND. a) Less than Significant Impact with Mitigation Incorporated. Special-Status Plants Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-13 No special-status plants were observed on the Project Site by ELMT Consulting biologists during the habitat assessment and due to the human disturbances on the Project Site and in the surrounding development, the Project Site does not provide suitable habitat for any of the special-status plant species known to occur in the area (ELMT Consulting, 2023, p. 7). Accordingly, no impacts to special-status plant species would occur. Special-Status Wildlife No special-status wildlife species were observed on the Project Site by ELMT Consulting biologists during the field investigation. The Project Site largely supports undeveloped land that has been subject to a variety of human disturbances and is surrounded by existing development. These disturbances have eliminated the natural plant communities that once occurred on the Site which has reduced the potential foraging and nesting/denning opportunities for wildlife. (ELMT Consulting, 2023, p. 7) Accordingly, no impacts to special-status wildlife species would occur. Notwithstanding the analysis above, the Project Site could be used by nesting avian species that are protected by the Migratory Bird Treaty Act (MBTA) and the California Fish and Game Code (CFGC Sections 3503.5 to 3513). Pursuant to the MBTA and CFGC, take of a protected species individual, their egg(s), or their nest is prohibited and should a future development Project occur on the Project Site, the Project Applicant would be required to comply with the federal Migratory Bird Treaty Act. Although mitigation is not required to be duplicative of regulatory requirements, Mitigation Measure MM BR-1, below, is recommended to ensure compliance with the respective regulations. MM BR-1 would reduce potential impacts to the nesting birds to less than significant levels by ensuring that pre-construction surveys are conducted to determine the presence or absence of nesting birds on or adjacent to the Project Site prior to the commencement of construction activities. If active bird nests are present, this mitigation measure provides performance criteria that requires avoidance of the nests until it can be determined the nest is no longer active or that the juveniles from the occupied nests are capable of surviving independently of the nest. Mitigation MM BR-1 Vegetation-clearing and ground disturbance shall be prohibited during the migratory bird nesting season (February 15 through September 1), unless a migratory bird nesting survey is completed in accordance with the following requirements: a) A nesting bird survey shall be conducted on the Project Site and within suitable habitat located within a 500-foot radius of the Project Site by a qualified biologist within 30 days prior to initiating vegetation clearing or ground disturbance. b) If the survey identifies the presence of active nests, then the nests shall not be disturbed unless the qualified biologist verifies through non-invasive methods that either (i) the adult birds have not begun egg-laying and incubation; or (ii) the juveniles from the occupied nests are capable of independent survival. c) If the biologist is not able to verify any of the conditions from sub-item “b,” above, then no disturbance shall occur within a buffer zone specified by the qualified biologist for each nest or nesting site. The buffer zone shall be species-appropriate (no less than 100- foot radius around the nest for non-raptors and no more than a 500-foot radius around the nest for raptors) and shall be sufficient to protect the nest from direct and indirect impacts from construction activities, The size and location of buffer zones, if required, Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-14 shall be based on consultation with the California Department of Fish and Wildlife and the U.S. Fish and Wildlife Service and shall be subject to review and approval by the City of Fontana. The nests and buffer zones shall be field checked weekly by a qualified biological monitor. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall commence until the qualified biologist with City concurrence verify that the nests are no longer occupied and/or juvenile birds can survive independently from the nests. b) No Impact. The habitats observed on the Project Site, which are classified as non-native grassland, disturbed, and developed, are not classified as a riparian habitat or as a sensitive natural community in local or regional plans, policies, or regulations, or by the California Department Fish and Wildlife (CDFW) or the U.S. Fish and Wildlife Service (USFWS). The Project Site also is not located in federally designated Critical Habitat. (ELMT Consulting, 2023, p. 4 and 8) Accordingly, the Project would result in no impacts to a riparian habitat or sensitive natural community. c) No Impact. The Project Site does not contain any discernible drainage courses, inundated areas, or wetland features/obligate plant species that would be considered jurisdictional by the United States Army Corps of Engineers (Corps), Regional Water Quality Control Board (Regional Board), or California Department Fish and Wildlife (CDFW) (ELMT Consulting, 2023, p. 7). Accordingly, implementation of the Project would not result in the direct or indirect removal, filling, or hydrological interruption of any State- or federally-protected wetlands. No impact would occur. d) Less than Significant Impact with Mitigation Incorporated. The Project Site does not contain any hydrogeomorphic features, such as creeks, ponds, lakes, or reservoirs, with frequent sources of water; therefore, there is no potential for a future Project to interfere with the movement of native resident or migratory fish (ELMT Consulting, 2023, p. 5). The Project Site also is not located in federally designated Critical Habitat and has not been identified as occurring with a wildlife corridor or linkage (ELMT Consulting, 2023, p. 8). Accordingly, there is no potential for the Project to impede the use of a native wildlife nursery site. Based on the foregoing information, the Project would result in no impact to any native resident or migratory fish, established wildlife corridor, or native wildlife nursery sites. No active nests or birds displaying nesting behavior were observed during the field survey, which was conducted during breeding season (ELMT Consulting, 2023, p. 6). The Project Site was determined to have a low potential to provide foraging habitat for Cooper’s hawk (Accipiter cooperii), sharp-shinned hawk (Accipiter striatus), and California horned lark (Eremophila alpestris actia); however, none of these species are federally or state listed as endangered or threatened. (ELMT Consulting, 2023, p. 8) Notwithstanding, if active nests are present within or adjacent to the Site during any future construction, the Project could result in substantially adverse direct effects to avian species and their nests that are protected by the MBTA and CFGC. Implementation of MM BR-1 would reduce potential impacts to nesting migratory birds to less than significant levels by ensuring that pre-construction surveys are conducted to determine the presence or absence of nesting bird on or adjacent to the Project Site prior to the commencement of construction activities. If active nests are discovered, this mitigation measure provides performance criteria that requires avoidance of the nests until it can be determined the nest is no longer active or that the juveniles from the occupied nests are capable of surviving independently of the nest. Mitigation MM BR-1 shall apply; refer to Response IV(a). Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-15 e) Less than Significant Impact. The Project Site was determined to contain minimal established ornamental vegetation by ELMT biologists. Tree species observed on-site include Monterey pine (Pinus radiata), citrus, and tree of heaven (Ailanthus altissima) (ELMT Consulting, 2023, p. 4). During the implementation of a future residential project, there is a potential that all existing on-site trees would be removed. Although no heritage, significant, or specimen trees were identified on the Project site during the field survey, the Project would be subject to mandatory compliance with Chapter 28 Article III of the Fontana Municipal Code if the trees identified for removal are considered heritage, significant, or specimen trees. Accordingly, implementation of the Project would not result in a conflict with the City’s Tree Preservation Ordinance. There are no other local policies or ordinances protecting biological resources that are applicable to the Project. Impacts would be less than significant. f) No Impact. The Project Site is not located within the boundaries of any adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan (Fontana, 2018b, p. 5.3-49). No impact would occur. Mitigation In addition to MM BR-1, discussed above under Threshold (a), MM-BIO-3, MM-BIO-4, MM-BIO-5, MM- BIO-6, MM-BIO-7, MM-BIO-8, MM-BIO-9, and MM-BIO-10 from the General Plan EIR would apply to lessen impacts to biological resources from any future development project that may be proposed on the Project Site. Refer to Section 5.0 for a list of these mitigation measures. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-16 V. CULTURAL RESOURCES Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact Would the project: a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5? ☐ ☒ ☐ ☐ b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? ☐ ☒ ☐ ☐ c) Disturb any human remains, including those interred outside of formal cemeteries? ☐ ☐ ☒ ☐ A Cultural Resource Condition Assessment was prepared for the Project Site by PaleoWest to identify potential cultural resources on the Project Site (PaleoWest, 2023). This report, which includes the findings from background research and a survey of the Project Site, is included as Technical Appendix C to this Initial Study/MND. a) Less than Significant Impact with Mitigation Incorporated. PaleoWest conducted a pedestrian survey of the Project Site and conducted background research including a review of historical maps and aerial images to determine the presence or absence of historic resources on the Project Site. Three possible historic period cultural resources were identified on the Project Site. At 17764 Merrill Avenue, a historic period residential building constructed in the 1920’s, garage built in 1959, and foundational remains of an accessory building that was present on the property in the latter half of the twentieth century, were identified. At 17808 Merrill Avenue, which is not located on the Project Site, the foundational remains of an accessory building were identified that extend onto the Project Site. In the southeastern portion of the Project Site, a cross of unknown age, constructed of welded metal, painted white, with the letters “CHP” welded in, was identified. It is not known what the cross signifies. (PaleoWest, 2023, n.p.) The potential for the implementation of a future residential project to directly or indirectly destroy potential historical resources on the Project Site is a significant impact and mitigation is required. Mitigation Implementation of MM CR-1 would ensure the proper treatment of any potential historical resources on the Project Site. Therefore, with implementation of MM CR-1, the Project’s potential impacts related to historical resources would be reduced to less than significant levels. MM CR-1: The following three features shall be preserved in place with no disturbance: (1) a building, garage, and foundational remains of an accessory building at 17764 Merrill Avenue; (2) foundational remains of an accessory structure associated with off-site 17808 Merrill Avenue; and (3) a cross and the ground surface around and beneath the cross. Should a future residential project propose to disturb these features, a historical resources evaluation shall occur by a Historic Preservation consultant who meets the U.S. Secretary of the Interior’s Professional Qualifications Standards. If any features are determined to be Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-17 historically significant, they shall be mitigated in the form of data collection; digital photography of the property; preparation of as-built site plans/drawings of the property; a collection of historic photos and maps of the property, and submittal of materials to the City of Fontana and South Central Coastal Information Center at CSU, Fullerton. b) Less than Significant Impact with Mitigation Incorporated. PaleoWest conducted a cultural resources assessment of the Project Site. No evidence of prehistoric archaeological remains was identified during the pedestrian survey (PaleoWest, 2023, n.p.). No development is proposed with the Project; therefore, no ground disturbance would occur. Future residential development that may occur on the Project Site due to the General Plan Amendment and change of zone proposed by this Project could potentially affect known or unknown archaeological resources buried beneath the site. If such resources are discovered and meet the definition of a significant archaeological resource, impacts would be significant if the resource is not property identified and treated. Mitigation Measures MM CR-2, MM CR-3, and MM CR-4 require monitoring during ground disturbing construction activities and methods to treat resources to ensure that impacts would be reduced to less than significant. Mitigation MM CR-2 Upon discovery of any cultural, tribal cultural, or archaeological resources, cease construction activities within 60 feet of the find or 100 feet of the find if funerary objects are present until the find can be assessed. All cultural, tribal and archaeological resources unearthed by Project construction activities shall be evaluated by a qualified archaeologist meeting Secretary of Interior standards and tribal monitor/consultant. If the resources are Native American in origin, interested 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. MM CR-3 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 culturally affiliated 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. MM CR-4 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. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-18 c) Less than Significant Impact. The Project Site does not contain a known cemetery and no known formal cemeteries are located within the immediate site vicinity (Google Earth, 2022). During the field survey conducted by PaleoWest a metal cross with the letters “CHP” welded in was identified in the southwestern portion of the Project Site. There is a potential that the cross denotes a memorial or gravesite. (PaleoWest, 2023, n.p.) The potential for Project implementation to impact potential human remains on the Project Site is a significant impact and mitigation is required, however, implementation of the mitigation identified above will reduce potential impacts to less than significant. In addition to MM CR-1, discussed above under Threshold (a), and MM CR-2, MM CR-3, and MM CR-4, discussed above under Threshold (b), MM-CUL-1, MM-CUL-2, and MM-CUL-3 from the General Plan EIR would apply to lessen impacts to cultural resources associated with any future development project on the Project Site. Refer to Section 5.0 for a list of these mitigation measures. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-19 VI. ENERGY Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact Would the project: a) Result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? ☐ ☐ ☒ ☐ b) Conflict with or obstruct a State or local plan for renewable energy or energy efficiency? ☐ ☐ ☒ ☐ The proposed Project would not directly result in the construction of any development or infrastructure and no ground disturbance would occur; therefore, an energy analysis, typically undertaken to anticipate energy usage associated with construction and operation of a proposed project and to determine if usage amounts are efficient, typical, or wasteful for the land use type, has not been conducted and is not required to be conducted as part of this environmental analysis. a) Less than Significant Impact. No development is proposed with the Project; therefore, no project construction would occur. Future development that may occur on the Project Site would contribute to energy consumption; however, energy usage can only be addressed after a specific project has been proposed because the usage is dependent on project development characteristics. Therefore, potential energy consumption due to future development that may occur on the Project Site would be too speculative to be determined at this time. Any future project that is proposed on the Project Site, however, is reasonably assured to not result in a wasteful use of energy due to mandatory compliance with the California Green Building Standards Code (CALGreen) including Title 24, which requires that all new construction projects be highly energy efficient. Also, in California all newly constructed single-family homes, condominiums, and apartment buildings less than three stories high are required to have rooftop solar. New construction also would be subject to applicable regulations in the City Municipal Code relating to energy usage as well as federal and state energy laws and regulations. No impact would occur associated with the currently proposed Project, which does not entail a development proposal. Future development would result in a less than significant impact. b) Less than Significant Impact. The following section analyzes the Project’s consistency with applicable federal and State regulations. Consistency with Federal Energy Regulations Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Transportation and access to the Project Site would be provided primarily by the local and regional roadway systems, which includes Interstate 10 (I-10), State Route 210 (SR-210), Alder Avenue, Merrill Avenue, and Laurel Avenue. Implementation of the Project would not interfere with, nor otherwise obstruct intermodal transportation plans or projects that may be realized pursuant to the ISTEA because SCAG is not planning for intermodal facilities on or through the Project Site. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-20 The Transportation Act for the 21st Century (TEA-21) The Project Site is located along major transportation corridors with proximate access to the interstate freeway system (i.e., I-10). The location of the Project Site facilitates access, acts to reduce vehicle miles traveled by intensifying the allowance of residential units in a residential area of the City with proximate access to goods and services, takes advantage of existing infrastructure systems, and promotes land use compatibilities through collocation of similar uses. Accordingly, the Project would not otherwise interfere with or obstruct implementation of TEA-21. Consistency with State Energy Regulations Integrated Energy Policy Report (IEPR) Electricity service is provided to the Project Site by Southern California Edison (SCE). SCE’s Clean Power and Electrification Pathway (CPEP) white paper builds on existing State programs and policies that support the IEPR goals of improving electricity, natural gas, and transportation fuel energy use in California. As such, the Project is consistent with, and would not otherwise interfere with, nor obstruct implementation of the goals presented in the 2020 IEPR. State of California Energy Plan The Project Site is located along Alder Avenue and Merrill Avenue with proximate access to the I-10 Freeway. The location of the Project Site facilitates access, acts to reduce vehicle miles traveled by intensifying the allowance of residential units in a residential area of the City with proximate access to goods and services, and takes advantage of existing infrastructure systems. Therefore, the Project supports urban design and planning processes identified under the State of California Energy Plan, is consistent with, and would not otherwise interfere with, nor obstruct implementation of the State of California Energy Plan. California Code Title 24, Part 6, Energy Efficiency Standards No development would occur with the Project; however, any future development on the Project Site would be required to be designed, constructed, and operated to meet or exceed California Building Code Title 24 Energy Efficiency Standards. On this basis, the Project is determined to be consistent with, and would not interfere with, nor otherwise obstruct implementation of Title 24 Energy Efficiency Standards. Pavley Fuel Efficiency Standards (AB 1493) No development would occur with the Project; however, any future development on the Project Site would be required by law to comply with AB 1493’s fuel efficiency requirements. On this basis, the Project is determined to be consistent, with, and would not interfere with, nor otherwise obstruct implementation of AB 1493. Advanced Clean Cars Program No development would occur with the Project; however, any future development on the Project Site would be required by law to comply with the legislation’s fuel efficiency requirements. On this basis, the Project is determined to be consistent, with, and would not interfere with, nor otherwise obstruct implementation of California’s Advanced Clean Cars Program. California Renewable Portfolio Standards (SB 1078) Established under SB 1078, the California Renewable Portfolio Standards do not directly apply to the Project as it is a statewide measure that establishes a renewable energy mix. Energy directly or indirectly supplied to the Project Site by electric corporations is required by law to comply with SB 1078. On this Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-21 basis, the Project is determined to be consistent, with, and would not interfere with, nor otherwise obstruct implementation of California Renewable Portfolio Standards. Consistency with Local Energy Regulations Building Code No development would occur with the Project; however, any future development on the Project Site would be required by the City of Fontana to be designed, constructed, and operated to meet or exceed the California Building Standards Code, including the Energy and Green Building components of the Code (as adopted by Article XVIII of the Fontana Municipal Code). City of Fontana staff would confirm the project’s compliance with the Building Code as part of the building permit review process. On this basis, the Project is determined to be consistent with, and would not interfere with, nor otherwise obstruct implementation of the Building Code. Conclusion As supported by the preceding analysis, the Project would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency and a less than significant impact would occur. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-22 VII. GEOLOGY AND SOILS Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact Would the project: a) 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. ☐ ☐ ☐ ☒ ii) Strong seismic ground shaking? ☐ ☐ ☒ ☐ iii) Seismic-related ground failure, including liquefaction? ☐ ☐ ☐ ☒ iv) Landslides ☐ ☐ ☐ ☒ b) Result in substantial soil erosion or the loss of topsoil? ☐ ☐ ☒ ☐ c) 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? ☐ ☐ ☒ ☐ d) 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? ☐ ☐ ☐ ☒ e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? ☐ ☐ ☐ ☒ f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ☐ ☒ ☐ ☐ a.i) No Impact. According to the California Department of Conservation, there are no known active – or dormant – earthquake faults on the Project Site and the Project Site is located outside of any Alquist Priolo Special Studies Zone (CDC, 2022a). Because there are no known faults extending through the Project Site, there is no potential for implementation of the Project to directly or indirectly expose people or structures to adverse effects related to rupture of a known earthquake fault. Accordingly, no impact would occur. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-23 a.ii) Less than Significant Impact. The Project Site is located in a seismically active area of southern California and is expected to experience moderate-to-severe ground shaking during the lifetime of the Project. This risk is not considered substantially different than that of other similar properties in the Southern California area and is considered adequately mitigated to protect public health, safety, and welfare if buildings are designed and constructed in conformance with applicable building codes and sound engineering practices. The Project would not create a significant hazard due to strong seismic ground shaking because there is no development proposed with the Project and no Project construction would occur. Should development occur on the Project Site occur in the future, any proposed buildings would be required to be constructed in accordance with the California Building Standards Code (CBSC) (Title 24 of the California Code of Regulations) and the City of Fontana Municipal Code Article XVIII (which adopts the CBSC without amendments). The CBSC and City of Fontana Municipal Code provide standards that have been specifically tailored for California earthquake conditions and regulate the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures in order to safeguard life or limb, health, property, and public welfare. In addition, the CBSC (Chapter 18) and the City of Fontana Municipal Code (Chapter 26, Division 4) would require any future development project to prepare a geologic engineering report to identify site-specific geologic and seismic conditions and provide site-specific recommendations including, but not limited to, recommendations related to ground stabilization, selection of appropriate foundation type and depths, and selection of appropriate structural systems, to preclude adverse effects resulting from strong seismic ground-shaking. Because no development is proposed on the Project Site and no construction would occur, impacts involving strong seismic ground shaking would be less than significant. a.iii) No Impact. No development is proposed on the Project Site as part of the proposed Project and therefore no construction would occur. Should any future development occur on the Project Site, proposed development would be required to be designed and constructed in accordance with applicable seismic safety guidelines, including the standard requirements of the CBSC. Furthermore, and pursuant to the requirements of City of Fontana Municipal Code Chapter 26, Division 4, any future proposed Project would be required (via conditions of approval) to prepare a geotechnical report for the Project Site and comply with the grading and construction recommendations contained therein to further reduce the risk of seismic- related ground failure due to liquefaction. Because there is no development proposed and no construction would occur on the Project Site, implementation of the Project would not directly or indirectly expose people or structures to substantial hazards associated with seismic-related ground failure and/or liquefaction hazards. Impacts would be less than significant. a.iv) No Impact. The Project Site is generally flat and contains no substantial natural or man-made slopes under existing conditions (Google Earth, 2022). There are no substantial natural or man-made slopes in the Project Site vicinity, either. Accordingly, any future development on the subject property would not be exposed to landslide risks, and would not pose a landslide risk to surrounding properties; a less-than- significant impact would occur. b) Less than Significant Impact. No development is currently proposed on the Project Site; therefore, no grading or construction activities would occur and no soils would be disturbed. Should future development occur on the Project Site, as required by the State Water Resources Control Board, the applicant for that project would be required to obtain coverage under the State’s General Construction Storm Water Permit for construction activities (a National Pollutant Discharge Elimination System [NPDES] permit). The NPDES permit would be required for all development projects that include construction activities, such as Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-24 clearing, grading, and/or excavation, that disturb at least one (1) acre of total land area. In addition, any future development project would be required to comply with the Santa Ana RWQCB’s Santa Ana River Basin Water Quality Control Program. Compliance with the NPDES permit and the Santa Ana River Basin Water Quality Control Program would involve the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) for construction-related activities. The SWPPP would specify the Best Management Practices (BMPs) that would be required to be implemented during construction activities to ensure that waterborne pollution – including erosion/sedimentation – is prevented, minimized, and/or otherwise appropriately treated prior to surface runoff being discharged from the subject property. Examples of BMPs that could be utilized during construction include, but are not limited to, sandbag barriers, geotextiles, storm drain inlet protection, sediment traps, rip rap soil stabilizers, and hydro-seeding. Lastly, any future development project would be required to implement an erosion and dust control plan pursuant to Fontana Municipal Code Chapter 9, Article II (and to ensure compliance with SCAQMD Rule 403 to minimize water- and windborne erosion). Mandatory compliance with the SWPPP and the erosion and dust control plan would ensure that implementation of any future development project would not violate any water quality standards or waste discharge requirements during construction activities. Therefore, water quality impacts associated with construction activities would be less than significant and no mitigation measures would be required. Should the Project Site be built upon in the future with single-family or multi-family residential housing structures, as required by the City’s Municipal Storm Water Permit, and in accordance with City of Fontana Municipal Code Chapter 23, Article IX – the Project Applicant would be required to prepare and implement a Storm Water Quality Management Plan (SWQMP), which is a site-specific post-construction water quality management program designed to minimize the release of potential waterborne pollutants, including pollutants of concern for downstream receiving waters, under long-term conditions via BMPs. The SWQMP would be required to identify an effective combination of erosion control and sediment control measures (i.e., BMPs) to reduce or eliminate sediment discharge to surface water from storm water and non-storm water discharges. The SWQMP would also be required to establish a post-construction implementation and maintenance plan to ensure on- going, long-term erosion protection. Compliance with the SWQMP would be required as a condition of approval for any future development project, as would the long-term maintenance of erosion and sediment control features. Because no development or construction is proposed with the Project and any future development project would be required to utilize erosion and sediment control measures to preclude substantial, long-term soil erosion and loss of topsoil, the Project would result in less than significant impacts related to soil erosion. c) Less than Significant Impact. The Project Site does not contain substantial natural or man-made slopes under existing conditions. Additionally, there are no hillsides in the vicinity of the Project Site with a potential to expose the site to landslide hazards (Google Earth, 2022). The Project does not propose any development or construction on the Project Site; therefore, adverse impacts related to on- or off-site landslides would not occur. Lateral spreading is primarily associated with liquefaction hazards. Lateral spreading and liquefaction result when near-surface soils are saturated with water and are subject to seismic events, thereby causing land to behave and/or move in a fluid-like manner. The Project Site is not located within a zone designated by the County of San Bernardino as being susceptible to soil liquefaction-related hazards (San Bernardino County, 2007). Accordingly, considering that the Project Site is not located within a mapped liquefaction zone, and no construction is proposed on the Project Site, the potential for liquefaction and lateral spreading at the Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-25 Project Site is low. As such, impacts associated with liquefaction and lateral spreading would be less than significant. Should future development occur on the Project Site, a geotechnical investigation would be prepared specific to the development project, which would provide site-specific ground preparation and construction recommendations. Because the proposed Project does not involve development or construction, potential impacts related to soil shrinkage/subsidence and collapse would be less than significant. d) No Impact. No development is currently proposed on the Project Site; therefore, no grading or construction activities would occur and no soils would be disturbed. Should future development occur on the Project Site, a geotechnical investigation would be prepared as required by the Fontana Municipal Code for new development, which would provide site-specific ground preparation and construction recommendations. Accordingly, the Project would not create substantial risks to life or property from exposure to expansive soils. Impacts would be less than significant. e) No Impact. No development is currently proposed on the Project Site; therefore, no construction activities would occur. Should future development of residential structures occur on the Project Site, it would be expected that the project would be designed to connect to the City-owned municipal wastewater conveyance system, with wastewater treatment services supplied by the Inland Empire Utilities Authority (IEUA). Future development would not be anticipated to include septic tanks or alternative wastewater disposal systems. Accordingly, implementation of the Project would result in no impact related to the use of or performance of septic tanks and/or alternative wastewater systems. f) Less than Significant Impact with Mitigation Incorporated. No development is currently proposed on the Project Site; therefore, no earth disturbing activities would occur. Should future development occur on the Project Site, a paleontological assessment would be required to identify the likelihood of encountering any unique paleontological resources or unique geologic features as part of ground-disturbing construction. Future development that may occur on the Project Site due to the General Plan Amendment and change of zone proposed by this Project could potentially affect subsurface paleontological resources. If such resources were discovered, impacts would be significant if the resource is not properly identified and treated. Mitigation Measure MM GEO-1, MM GEO-2, and MM GEO-3 would reduce potential impacts to less than significant by ensuring the proper identification and subsequent treatment of any paleontological resources that may be encountered during ground-disturbing activities. Mitigation MM GEO-1 Prior to the issuance of a grading permit, the Project Applicant shall provide evidence to the City of Fontana that a qualified paleontologist (“paleontologist”) has been retained by the Project Applicant or contractor to be on-call should any suspected paleontological resources be unearthed during Project-related construction activities. MM GEO-2 If a suspected paleontological resource is discovered during earth disturbance activities, the discovery shall be cordoned off with a 100-foot radius buffer by the construction contractor so as to protect the discovery from further potential damage, and the paleontologist shall be consulted to assess the discovery. MM GEO-3 If a discovery is determined to be significant by the paleontologist, paleontological salvage shall occur. Recovered specimens shall be prepared to a point of identification and Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-26 permanent preservation is required. Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage (e.g., the San Bernardino County Museum) shall be conducted. The paleontological program should include a written repository agreement prior to the initiation of mitigation activities. Prior to curation, the lead agency (e.g., the City of Fontana) will be consulted on the repository/museum to receive the fossil material. A final report of findings and significance shall be be prepared, including lists of all fossils recovered and necessary maps and graphics to accurately record their original location(s). The report, when submitted to, and accepted by, the appropriate lead agency, will signify satisfactory completion of the project program to mitigate impacts to any potential nonrenewable paleontological resources (i.e., fossils) that might have been lost or otherwise adversely affected without such a program in place. In addition to MM GEO-1, MM GEO-2, and MM GEO-3, discussed above under Threshold (f), MM-CUL- 4 and CUL-5 from the General Plan EIR would apply to lessen potential impacts to paleontological resources from any future development project that may occur on the Project Site. Refer to Section 5.0 for the mitigation measures. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-27 VIII. GREENHOUSE GAS EMISSIONS Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? ☐ ☐ ☒ ☐ b) Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases? ☐ ☐ ☒ ☐ An Air Quality and Greenhouse Gas Evaluation was prepared for the Project by Urban Crossroads, Inc. to quantify the greenhouse gas (GHG) emission that could result if a future development project should occur and the Project Site were to be developed to the maximum potential (Urban Crossroads, 2023a). This report is included as Appendix A to this Initial Study/MND. a) Less than Significant Impact. While estimated Project-related GHG emissions can be calculated, the direct impacts of such emissions on global climate change (GCC) and global warming cannot be determined on the basis of available science because GCC is a global phenomenon and not limited to a specific locale such as the Project Site and its immediate vicinity. Furthermore, there is no evidence that would indicate that the emissions from a project the size of the maximum buildout of a future Project on the Project Site could directly or indirectly affect the global climate. Because GCC is the result of GHG emissions, and GHGs are emitted by innumerable sources worldwide, the maximum buildout of a future project on the Project Site would not result in a direct impact to global climate change; rather, potential Project-related impacts to global climate change only could be potentially significant on a cumulative basis, Therefore, the analysis below focuses on the Project’s potential to contribute to GCC in a cumulatively considerable way. The City of Fontana has not adopted a numerical threshold for determining the significance of GHG emissions; however, the City has the discretion to select an appropriate significance criterion used by other agencies, based on substantial evidence. Specifically, the City has selected the draft 3,000 MTCO2e per year threshold developed by SCAQMD staff for residential and commercial sector projects against which to compare Project-related GHG emissions. If Project-related GHG emissions do not exceed the 3,000 MTCO2e per year threshold, then Project-related GHG emissions would have a less than significant impact. On the other hand, if Project-related GHG emissions exceed 3,000 MTCO2e per year, the Project would be considered a substantial source of GHG emissions. (SCAQMD, n.d.) The projected annual net GHG emissions from maximum buildout of a future Project, are summarized in Table 1-2, Net GHG Emissions. The existing General Plan land use designation of R-SF and zoning of R- 1 allow for the maximum development of 32 residential units, which would generate a total of approximately 426.65 MTCO2e/yr. The proposed General Plan land use designation of R-MFMH and zoning of R-4 allows for a maximum of 249 residential units, which would generate a total of approximately 1,600.18 MTCO2e/yr. The net increase of 217 residential units would generate a net increase of approximately 1,173.52 MTCO2e/yr. (Urban Crossroads, 2023a, p. 4) Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-28 Table 1-2 Net GHG Emissions Land Use Emissions (MT/yr) Total CO2e Current General Plan (R-SF): Single Family 426.65 Proposed General Plan (R-MFMH): Multifamily 1,600.18 Net Emissions (Proposed – Existing) 1,173.53 Source: (Urban Crossroads, 2023a, Table 6) Because the Project’s total annual GHG emissions on a gross and net basis would not exceed 3,000 MTCO2e, the Project would not generate substantial GHG emissions – either directly or indirectly – that would have a significant impact on the environment. Impacts would be less than significant. b) Less than Significant Impact. No development is currently proposed on the Project Site; therefore, no construction or operational activities would occur. Should a development project occur on the Project Site in the future, the project would be required to comply with regulations, policies, plans, and policy goals that would reduce GHG emissions, including Title 24 of the California Building Standards Code (CBSC), Assembly Bill 32 (AB 32), Senate Bill 32 (SB 32), and other applicable laws and regulations. Any future development project on the Project Site would be required to comply with CBSC’s energy- efficient/energy-conserving design feature requirements in effect at the time of construction. The CBSC includes the California Energy Code, or Title 24, Part 6 of the California Code of Regulations, also titled “The Energy Efficiency Standards for Residential and Nonresidential Buildings.” The California Energy Code was established in 1978 in response to a legislative mandate to reduce California's energy consumption. The standards are updated approximately every three years to improve energy efficiency by allowing incorporating new energy efficiency technologies and methods (the most recent update is effective on January 1, 2023). Any future development projects would be required to comply with all applicable provisions of the CBSC in effect at the time of project construction. As such, the project’s energy demands would be minimized through design features and operational programs that, in aggregate, would ensure that project energy efficiencies would comply with – or exceed – incumbent CBSC energy efficiency requirements, thereby minimizing GHG emissions produced during from energy consumption. The Project has no potential to be inconsistent with the mandatory regulations of the CBSC. CARB’s current Scoping Plan identifies measures that would achieve the emissions reductions goals of SB 32, which requires the State to reduce its GHG emissions to 40 percent below 1990 levels by 2030. CARB’s Draft 2022 Scoping Plan identifies strategies bring California to carbon neutrality by 2045 or earlier. Because no development would occur associated with the currently proposed Project, the Project would not be inconsistent with CARB’s Scoping Plan. In April 2015, Governor Edmund Brown Jr. signed EO B-30-15, which advocated for a statewide GHG- reduction target of 80 percent below 1990 levels by 2050. To date, no statutes or regulations have been adopted to translate the year 2050 GHG reduction goal into comparable, scientifically- based statewide emission reduction targets. Rendering a significance determination for year 2050 GHG emissions relative to EO B-30-15 would be speculative because EO B-30-15 establishes a goal more than 30 years into the future; no agency with GHG subject matter expertise has adopted regulations to achieve these statewide goals at the project-level; and, available analytical models cannot presently quantify all project- related emissions in those future years. Further, due to the technological shifts anticipated and the unknown parameters of the regulatory framework in 2050, available GHG models and the corresponding technical analyses are subject to limitations for purposes of quantitatively estimating the Project’s emissions in 2050. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-29 As described above, the Project would not conflict with the State’s ability to achieve the State-wide GHG reduction mandates and would be consistent with applicable policies and plans related to GHG emissions reductions. Impacts would be less than significant. Mitigation While no significant greenhouse gas emission impacts have been identified for the Project that require mitigation, mitigation measure MM-GHG-1 from the General Plan EIR would apply to future residential development on the site because this measure set forth best practices for future development projects across the City to lessen greenhouse gas emissions. Refer to Section 5.0 for the mitigation measure. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-30 IX. HAZARDS AND HAZARDOUS MATERIALS Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? ☐ ☐ ☒ ☐ b) 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? ☐ ☐ ☒ ☐ c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? ☐ ☐ ☒ ☐ d) 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 ☐ ☐ ☐ ☒ 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? ☐ ☐ ☐ ☒ f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ☐ ☐ ☐ ☒ g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? ☐ ☐ ☐ ☒ a & b) Less than Significant Impact. No development would occur with the Project; therefore, no construction or operational activities would occur. Should a development project be proposed on the Project Site in the future, a Phase I Environmental Site Assessment would be conducted to determine the potential presence or absence of on-site hazards and hazardous materials. Future development of residential structures would have the potential to increase the use and disposal of household hazardous materials. Compliance with federal, state, county, and local regulations relating to the use, storage, handling, and disposal of hazardous materials would reduce the potential risk of hazardous materials exposure to a less than significant level. Household hazardous materials, such as paint, chemicals, oil, anti-freeze, pesticides, and cleaners, are required to be disposed of at the City’s household hazardous waste facility, in accordance Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-31 with state and local regulations. Should unknown hazardous waste material from a historical use of the Project Site be encountered during future development, existing federal, state, and local regulations would require remediation to a level approved by the designated enforcement agency. With mandatory regulatory compliance, any future development on the Project Site would not pose a significant hazard to the public or the environment through the routine transport, use, storage, emission, or disposal of hazardous materials, nor would the Project increase the potential for accident conditions which could result in the release of hazardous materials into the environment. Based on the foregoing information, potential hazardous materials impacts associated with the Project are regarded as less than significant and no mitigation is required. c) No Impact. No development would occur with the Project; therefore, the Project would not emit any hazardous emissions. Dolores Huerta International Academy Elementary School is located adjacent to the Project Site to the South, south of Merrill Avenue (Google Earth, 2022). Should future development occur on the Project Site, the type or quantity of potential hazardous materials that could be used is speculative; however, a residential use would not be anticipated to use substantial amounts of hazardous materials and any future project would be required to comply with the California Health and Safety Code. Because no development would occur on the Project Site as part of the currently proposed Project, the Project does not have the potential to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, and/or wastes within one-quarter mile of an existing or proposed school. Accordingly, no impact would occur. d) No Impact. The Project Site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 (DTSC, 2022). Accordingly, no impact would occur. e) No Impact. The Project Site is not located within an Airport Influence Area (AIA) (Ontario, 2011, Map 2-1). Accordingly, implementation of the Project would not result in a safety hazard for people living or working on the Project area and no impacts would occur. f) No Impact. The Project Site does not contain any emergency facilities nor does it serve as an emergency evacuation route. No development is currently proposed on the Project Site; however, should a future development project occur, that project would be required to maintain adequate emergency access for emergency vehicles. As part of the City’s discretionary review process, the City of Fontana would review any future project’s application materials to ensure that appropriate emergency ingress and egress would be available to-and-from the project site and that the project would not substantially impede emergency response times in the local area. Accordingly, implementation of the Project would not impair implementation of or physically interfere with an adopted emergency response plan or an emergency evacuation plan, and no impact would occur. g) No Impact. The Project Site is not located within a State Responsibility Area or a very high fire hazard severity zone. CalFire does not identify the Project Site within an area susceptible to wildland fires and the Project Site and surrounding areas generally consist of developed properties, which are generally not associated with wildland fire hazards (CalFire, 2022; Google Earth, 2022). Accordingly, the Project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires. No impact would occur. Mitigation Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-32 Although no significant hazards or hazardous materials impacts have been identified that require mitigation to less than significant levels, mitigation measures MM-HAZ-1, MM-HAZ-2, MM-HAZ-3, MM-HAZ-4, and MM-HAZ-5 from the General Plan EIR would apply to future residential development on the Project site because they set forth best practices for future projects across the City to address potential hazardous materials effects on the environment. Refer to Section 5.0 for the mitigation measures. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-33 X. HYDROLOGY AND WATER QUALITY Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact Would the project: a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? ☐ ☐ ☒ ☐ b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? ☐ ☐ ☒ ☐ c) 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? ☐ ☐ ☒ ☐ ii) Substantially increase the rate of amount of surface runoff in a manner which would result in flooding on- or off-site? ☐ ☐ ☒ ☐ iii) Create or contribute runoff which would exceed the capacity of existing or planned stormwater drainage systems of provide substantial additional sources of polluted runoff? ☐ ☐ ☒ ☐ iv) Impede or redirect flood flows? ☐ ☐ ☐ ☒ d) Result in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? ☐ ☐ ☐ ☒ e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? ☐ ☐ ☒ ☐ a) Less than Significant Impact. As demonstrated in the analysis below, the Project would not violate any water quality standards or waste discharge requirements. Construction-Related Water Quality Impacts No development is currently proposed on the Project Site, and therefore no construction-related water quality impacts would occur. Should future development occur on the Project Site, construction could involve site preparation, grading, paving, utility installation, building construction, and landscaping Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-34 activities, which would have the potential to generate water quality pollutants such as silt, debris, organic waste, chemicals, paints, and solvents. Should these materials come into contact with water that reaches the groundwater table or flows off-site, the potential would exist for a future project’s construction activities to adversely affect water quality. As such, short-term water quality impacts of a potential future development project could have the potential to occur during construction in the absence of any protective or avoidance measures. Pursuant to the Santa Ana RWQCB and Fontana Municipal Code Chapter 5-14 and Chapter 23, Article IX, any future project applicant would be required to obtain coverage under the State’s General Construction Storm Water Permit for construction activities (NPDES permit). The NPDES permit is required for all development projects that include construction activities, such as clearing, grading, and/or excavation, that disturb at least one (1) acre of total land area. In addition, any future project applicant would be required to comply with the Santa Ana RWQCB’s Santa Ana River Basin Water Quality Control Program. Compliance with the NPDES permit and the Santa Ana River Basin Water Quality Control Program involves the preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP) for construction- related activities. The SWPPP would specify the Best Management Practices (BMPs) that any future project’s construction contractors would be required to implement during construction activities to ensure that potential pollutants of concern would be prevented, minimized, and/or otherwise appropriately treated prior to being discharged from the subject property. Examples of BMPs that could be utilized during construction include, but are not limited to, sandbag barriers, geotextiles, storm drain inlet protection, sediment traps, rip rap soil stabilizers, and hydro-seeding. Pursuant to Fontana Municipal Code Chapter 9, Article II, any future project applicant also would be required to implement an erosion control plan to minimize water- and windborne erosion. Mandatory compliance with the SWPPP and the erosion control plan would ensure that any future project’s construction would not violate any water quality standards or waste discharge requirements. Therefore, water quality impacts associated with construction activities would be less than significant and no mitigation measures would be required. Post-Development Water Quality Impacts No development is currently proposed on the Project Site, and therefore no post-development water quality impacts would occur. Should future development occur on the Project Site, stormwater pollutants that could be produced during future project operation include pathogens (bacterial/virus), phosphorous, nitrogen, sediment, metals, oil/grease, trash/debris, pesticides/herbicides, and organic compounds. To meet the requirements of the City’s Municipal Storm Water Permit – and in accordance with Fontana Municipal Code Chapter 23, Article IX – any future project applicant would be required to prepare and implement a Storm Water Quality Management Plan (SWQMP). A SWQMP is a site-specific post- construction water quality management program designed to minimize the release of potential waterborne pollutants, including pollutants of concern for downstream receiving waters, under long-term conditions via BMPs. Implementation of the SWQMP ensures on-going, long-term protection of the watershed basin. Compliance with a SWQMP would be required as a condition of approval for any future project. Long- term maintenance of on-site water quality features also would be required as a condition of approval to ensure the long-term effectiveness of all on-site water quality features. Based on the foregoing analysis, the Project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality during long-term operation. Impacts would be less than significant. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-35 b) Less than Significant Impact. No development is currently proposed on the Project Site, and therefore no groundwater supply impacts would occur. Should the Project Site be developed with residential housing in the future, the project would be served with potable water from the Fontana Water Company, and would not directly draw water from the groundwater table. Accordingly, implementation of the proposed Project has no potential to substantially deplete or decrease groundwater supplies and the Project’s impact to groundwater supplies would be less than significant. c.i) Less than Significant Impact. No development is currently proposed on the Project Site, and therefore no groundwater supply impacts would occur. Should the Project Site be developed in the future, existing ground contours of the Project Site could be altered and impervious surfaces would be introduced, which could result in changes to the site’s existing, internal drainage patterns. Pursuant to the requirements of the State Water Resources Control Board, a future project applicant would be required to obtain coverage under the State’s General Construction Storm Water Permit for construction activities (NPDES permit). The NPDES permit is required for all development projects that include construction activities, such as clearing, grading, and/or excavation, that disturb at least one (1) acre of total land area. In addition, any future project would be required to comply with the Santa Ana RWQCB’s Santa Ana River Basin Water Quality Control Program. Compliance with the NPDES permit and the Santa Ana River Basin Water Quality Control Program would involve the preparation and implementation of a SWPPP for construction-related activities. The SWPPP will specify the BMPs that would be required to be implemented during construction activities to ensure that waterborne pollution – including erosion/siltation – is prevented, minimized, and/or otherwise appropriately treated prior to surface runoff being discharged from the subject property. Lastly, any future project would be required to implement an erosion and dust control plan pursuant to Fontana Municipal Code Chapter 9, Article II (and to ensure compliance with SCAQMD Rule 403 to minimize water- and windborne erosion. Mandatory compliance with the SWPPP and the City-required erosion control plan would ensure that potential future project implementation would not violate any water quality standards or waste discharge requirements during construction activities. Based on the foregoing information, water quality impacts associated with Project construction activities would be less than significant. c. ii) Less than Significant Impact. No development is currently proposed on the Project Site, and therefore no impacts to surface runoff would occur. Should the Project Site be developed in the future, proposed grading and earthwork activities and the addition of impervious surfaces on the Project Site could alter the site’s existing interior drainage characteristics. As mentioned in Response X(c)(i), any future project applicant would be required to obtain coverage under the State’s General Construction Storm Water Permit for construction activities (NPDES permit). In addition, any future project would be required to comply with the Santa Ana RWQCB’s Santa Ana River Basin Water Quality Control Program. Compliance with the NPDES permit and the Santa Ana River Basin Water Quality Control Program would involve the preparation and implementation of a SWPPP for construction-related activities. Any future development project would also be required to implement an erosion and dust control plan pursuant to Fontana Municipal Code Chapter 9, Article II (and to ensure compliance with SCAQMD Rule 403 to minimize water- and windborne erosion. Mandatory compliance with the SWPPP and the City-required erosion control plan would ensure that potential future project implementation would not violate any water quality standards or waste discharge requirements during construction activities. Accordingly, implementation of the Project would not substantially increase the rate or amount of surface water runoff discharged from the site in a manner that would result in flooding on- or off-site. Impacts would be less than significant. c. iii) Less than Significant Impact. No development is currently proposed on the Project Site, and therefore no Project-related construction activities would occur that could result in substantial amounts of Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-36 polluted runoff. Should the Project Site be developed in the future, the project’s construction contractors would be required to comply with a SWPPP and the project’s owner or operator would be required to prepare and comply with a SWQMP to ensure that Project-related construction activities would not result in substantial amounts of polluted runoff. Impacts would be less than significant. c. iv) No Impact. No development is currently proposed on the Project Site; however, should the Project Site be developed in the future, according to the FEMA FIRM No. 06071C8658H, the Project Site is located within “Flood Zone X (unshaded)” which corresponds with areas of minimal flood hazard (i.e., less than 0.2-percent annual chance of flood) (FEMA, 2008). Accordingly, any future development on the Project Site would have no potential to place housing, or other structures, within a 100-year floodplain or impede or redirect flood flows within a 100-year floodplain. No impact would occur. d) No Impact. The Pacific Ocean is located more than 45 miles southwest of the Project Site; consequently, there is no potential for the Project Site to be impacted by a tsunami because tsunamis typically can only reach up to a few miles inland. The site also is not subject to a flood hazard or seiche zone because the nearest large bodies of surface water are approximately 13.1 miles northeast of the Project Site (Lake Gregory), approximately 16.4 miles south of the Project Site (Lake Mathews), and approximately 16.5 miles northeast of the Project Site (Lake Arrowhead), respectively, which are all too far away from the subject property to impact the property with a flood hazard or seiche (Google Earth, 2022). Accordingly, the Project would not risk release of pollutants due to inundation. No impact would occur. e) Less than Significant Impact. No development is currently proposed on the Project Site; therefore, the Project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. As discussed in Response X(a) above, the Project Site is located within the Santa Ana River Basin and any future project-related construction activities would be required to comply with the Santa Ana RWQCB’s Santa Ana River Basin Water Quality Control Plan by preparing and adhering to a SWPPP and SWQMP. Implementation of the Project would not conflict with or obstruct the Santa Ana River Basin Water Quality Control Plan and impacts would be less than significant. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-37 XI. LAND USE AND PLANNING Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact Would the project: a) Physically divide an established community? ☐ ☐ ☒ ☐ b) 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? ☐ ☐ ☒ ☐ a) No Impact. The proposed Project would not directly result in the construction of any development or infrastructure; therefore, it would not divide an established community. Should development occur on the Project Site in the future, it would likely be multi-family residential housing. With the exception of one residence and one associated accessory structure, the Project Site is vacant undeveloped land. The Project Site is surrounded by residential land uses. The potential construction of additional residential uses in the area would continue the pattern of residential development in the area although at a higher intensity than exists on immediately surrounding properties. Any future development would not divide an established community, as the residential lots that are adjacent to the Project Site are back yard conditions with a lack of connectivity to other properties and land uses. As such, impacts would be less than significant associated with the proposed Project’s General Plan Amendment and change of zone. b) Less than Significant Impact. The Project Site is designated in the General Plan as Single-Family Residential (R-SF) and zoned as Single-Family Residential (R-1). The Project entails an amendment to the General Plan to designate the Project Site as Multi-Family Medium High Density Residential (R-MFMH) and change the zoning to Multi-Family Medium/High Density Residential (R-4). Approval of the requested General Plan Amendment would eliminate any potential inconsistency between proposed the land use and the Project Site’s existing land use designation. Impacts to the environment associated with the Project’s proposed General Plan Amendment are evaluated through this IS/MND, and not impacts are identified that require mitigation. There are no environmental impacts that would result in a specific consequence of the proposed changes to the Project Site’s General Plan land use designation, beyond what is already evaluated and disclosed throughout this IS/MND. The Project would not conflict with any goals, objectives, and policies of applicable land use plans, including SCAQMD’s AQMP, SCAG’s Connect SoCal 2020-2045 RTP/SCS, and SCAG’s Regional Comprehensive Plan. Impacts would be less than significant. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-38 XII. MINERAL RESOURCES Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact Would the project: a) 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? ☐ ☐ ☐ ☒ b) 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? ☐ ☐ ☐ ☒ a & b) No Impact. The proposed Project would not directly result in construction of any development or infrastructure; therefore, it would not impact mineral resources. Should development occur on the Project Site in the future, according to the CA Department of Conservation (CDC), the Project Site is not located in an area known to be underlain by regionally- or locally-important mineral resources or within an area that has the potential to be underlain by regionally- or locally-important mineral resources (CDC, 2022b). Accordingly, implementation of the Project would not result in the loss of availability of a known mineral resource that would be of value to the region or to the residents of the State of California. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-39 XIII. NOISE Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact Would the project result in: a) 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? ☐ ☐ ☒ ☐ b) Generation of excessive groundborne vibration or groundborne noise levels? ☐ ☐ ☒ ☐ 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? ☐ ☐ ☐ ☒ A Noise Assessment was prepared for the Project by Urban Crossroads to evaluate the off-site traffic noise level increase associated with the Project (Urban Crossroads, 2023b). This report is included as Technical Appendix D to this Initial Study/MND. a) Less than Significant Impact. To assess the off-site traffic CNEL noise level impacts associated with the Project, noise contour calculations were developed to assess the Project’s incremental 24-hour dBA CNEL traffic-related noise levels at land uses adjacent to roadways conveying Project traffic should the site build out with a maximum of 249 residential units. As shown in Table 1-3, Project Traffic Noise Level Increases, the existing General Plan land use desigantion (R-SF): Single Family land use would produce an exterior CNEL noise level of 70.1 dBA CNEL, without accounting for any noise attenuation features such as noise barriers or topography. The proposed General Plan land use designation (R-MFMH): Multi-family land use would produce an exterior CNEL noise level of 70.3 dBA CNEL. Therefore, the proposed Project GPA and ZC would generate an off-site traffic noise level increase of 0.2 dBA CNEL with full buildout of the Project Site. Accordingly, land uses adjacent to the study area roadway segments would experience less than significant noise level increases due to the Project-related traffic because noise level increases would not be perceptible. (Urban Crossroads, 2023b, pp. 3-4) Table 1-3 Project Traffic Noise Level Increases ID Road Segment Receiving Land Use1 CNEL at Receiving Land Use (dBA)1 Noise Level Increase Significance Criteria2 Significant Impact? No Project With Project Project Increase Criteria Exceeded? Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-40 1 Alder Ave. n/o Merrill Ave. Sensitive 70.1 70.3 0.2 1.5 No No 1 The CNEL is calculated at the boundary of the right-of-way of each roadway and the property line of the receiving land use. 2 Does the Project create an off-site transportation related noise level increase exceeding the FICON significance criteria? Source: (Urban Crossroads, 2023b, Table 5) b) Less than Significant Impact. No development project is currently proposed and no physical disturbance of the property is currently proposed. Should a future development project be proposed on the Project Site, project construction vibration levels would be required to fall below the City of Fontana’s significance threshold (i.e., 0.2 in/sec peak particle velocity [PPV]). Any future construction activities would be assessed in conjunction with the City’s routine review of site-specific geotechnical studies and the recommended grading and foundation design measures. Measures to mitigate potentially significant vibration impacts would be considered in the project planning process, prior to project approvals. By complying with the City Noise Ordinance, California Building Code standards, and applicable regulations, potential vibration impacts from future development would be less than significant. c) No Impact. The closest airport is the LA/Ontario International Airport (ONT), which is located approximately 9.7 miles southwest of the Project Site. The Project Site is not located within the Airport Influence Area for ONT and is not located within an ONT Noise Impact Zone, as identified in the Airport Land Use Compatibility Plan (ALUCP) (Ontario, 2011, Map 2-3). Accordingly, implementation of the Project would not expose future employees on the site to excessive noise levels; no impact would occur. Mitigation While no significant noise impacts have been identified that require mitigation to less than significant levels, mitigation measures MM-NOI-1 and MM-NOI-2 from the General Plan EIR would apply because they set forth best practices for future development projects in the City to address environmental noise. Refer to Section 5.0 for the mitigation measures. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-41 XIV. POPULATION AND HOUSING Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact Would the project: a) 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)? ☐ ☐ ☒ ☐ b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? ☐ ☐ ☒ ☐ a) Less than Significant Impact. No development project is currently proposed and no physical disturbance of the property is currently proposed. Should multi-family residential structures be developed on the Project Site in the future, the residential unit count allowance would increase from a maximum of 32 residential units (6.4 acres x 5.0 units/acre = 32) to 249 residential units (6.4 acres x 39 units/acre = 249), for a total increase of 217 units assuming maximum development potential under the existing and proposed designations. The Project Site is located in an area of Fontana that is already developed with residential land uses – and on a site that is planned for residential land uses by the Fontana General Plan. Accordingly, a future residential development project would sustain the ongoing trend of residential land uses in the area. Additionally, the Project Site is located in an area of Fontana that is served by existing roadways and public utility infrastructure and any future development project would not require the extension or expansion of any infrastructure beyond what is needed to service a future project. Accordingly, implementation of the Project would not induce direct or indirect substantial unplanned growth in the area and impacts would be less than significant. b) Less than Significant Impact. The Project Site contains one single-family residential structure which is currently occupied. No development project is currently proposed and no physical disturbance of the property is currently proposed. Should multi-family residential structures be developed on the Project Site in the future, it would potentially result in the demolition of one residential building and the impact would be considered less than significant. One residential building would be eliminated from the City’s housing stock, and would not displace a substantial number of people; further, 249 residential units would be added to the City’s housing stock. Therefore, implementation of the Project would not displace substantial numbers of existing housing or people and would not necessitate the construction of replacement housing elsewhere. Impacts would be less than significant. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-42 XV. PUBLIC SERVICES Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact Would the project: a) 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 would 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? ☐ ☐ ☒ ☐ ii) Police protection? ☐ ☐ ☒ ☐ iii) Schools? ☐ ☐ ☒ ☐ iv) Parks? ☐ ☐ ☒ ☐ v) Other public facilities? ☐ ☐ ☒ ☐ a. i) Less than Significant Impact. Under existing conditions, the residential use on the Project Site receives fire protection services from the Fontana Fire Protection District (FFPD) via Station 71 through a contract with the San Bernardino County Fire Department. Station 71 is located at 16980 Arrow Boulevard, Fontana, CA 92335, approximately 1.1 miles northwest of the Project Site. No development project is currently proposed and no physical disturbance of the property is currently proposed. Should development occur on the Project Site in the future, the City of Fontana Community Development Department, Planning Division would forward the project’s application materials to the FFPD for review and comment. The FFPD would review the application materials to determine if the project would be adequately served by fire protection services or whether the incremental increase in the demand for FFPD services would result in or require new or expanded fire protection facilities in order to maintain acceptable service ratios, response times, or other performance objectives. As a standard condition of approval, any future project applicant would be required to pay impact fees for fire protection services in accordance with Section 21-122 of the Fontana Municipal Code. The City would collect Development Impact Fees (DIF) for a project based on building square footage. The payment of DIF fees from a future project, as well as increased property tax revenues that would result from development of a future project, would be used by the City to help pay for fire protection services and other public services (Fontana, 2022). Any future project would be required to incorporate fire prevention and fire suppression design features which would minimize the potential demand placed on the FFPD. Future development on the Project Site would also be required to install fire hydrants on-site and consult with the FFPD to ensure proper spacing of hydrants on-site to provide adequate coverage. Paved primary and secondary emergency access to the Project Site would be required to support the FFPD in the event fire suppression activities are needed on- site. Lastly, any future multi-tenant residential structures would be required to feature a fire alarm system and ceiling-mounted sprinklers. (Fontana, 2022) Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-43 Based on the foregoing, future residential development of the Project Site would receive adequate fire protection service and would not result in the need for new or physically altered fire protection facilities. Impacts to fire protection facilities would be less than significant. a. ii) Less than Significant Impact. The Project Site receives police protection services from the Fontana Police Department (FPD). No development project is currently proposed and no physical disturbance of the property is currently proposed. Should development occur on the Project Site in the future, the City of Fontana Community Development Department, Planning Division would forward the project’s application materials to the FPD for review and comment. The FPD would review the application materials to determine if the project would necessitate or result in the construction of new or physically altered police facilities. Additionally, and pursuant to City of Fontana Municipal Code Section 21-122, any future development project would be subject to payment of DIF fees. Furthermore, property tax revenues generated from any future development of the Project Site would provide funding to offset potential increases in the demand for police services at Project build-out. The City of Fontana uses DIF fees and property tax revenues this fee to help pay for police protection needs and other public services (Fontana, 2022). Because Project implementation would not result in or require new or expanded police protection facilities and because any future development project on the Project Site would be required to contribute appropriate DIF fees to offset the Project’s increased demand for police protection services, the Project’s impacts to police protection services would be less than significant. a. iii) Less than Significant Impact. The Project is located within the Fontana Unified School District (FUSD) boundaries. No development project is currently proposed and no physical disturbance of the property is currently proposed. Should development occur on the Project Site in the future the project applicant would be required to contribute development impact fees to the FUSD in compliance with the Leroy F. Greene School Facilities Act of 1998, which allows school districts to collect fees from new developments to offset the costs associated with increasing school capacity needs. Mandatory payment of school fees would be required prior to the issuance of building permits. Impacts to FUSD schools would be less than significant. a. iv) Less than Significant Impact. The Project does not propose to construct any new on- or off-site recreation facilities. Additionally, the Project would not expand any existing off-site recreational facilities. No development project is currently proposed and no physical disturbance of the property is currently proposed. Onsite recreational facilities may or may not be proposed on the Site in the future in association with a future development project; until a development project is proposed, it is speculative. Accordingly, implementation of the Project would not result in environmental effects related to the construction or expansion of recreational facilities or the increased use or substantial physical deterioration of an existing neighborhood or regional park. Impacts would be less than significant. a. v) Less than Significant Impact. No development project is currently proposed and no physical disturbance of the property is currently proposed, and therefore the Project would not directly result in a demand for other public facilities/services, including libraries, post offices, public health facilities, and/or animal shelters. While the potential future development of 217 more residences on the Project site than is currently planned for by the City’s General Plan would be expected to marginally increase the demand for public facilities, current facilities would be expected to serve such development. As such, implementation Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-44 of the Project would not adversely affect other public facilities or require the construction of new or modified public facilities. Impacts would be less than significant. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-45 XVI. RECREATION Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact Would the project: a) 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? ☐ ☐ ☒ ☐ 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? ☐ ☐ ☒ ☐ a) Less than Significant Impact. No development project is currently proposed and no physical disturbance of the property is currently proposed. Should development of housing occur on the Project Site in the future, in accordance with California Government Code Section 66477 (Quimby Act), the City would collect three acres of parkland or in-lieu fees from any new residential subdivision for every 1,000 residents (Fontana, 2018b, p. 5.12-35). Increased use of parks and recreational facilities over time is expected with population growth. The City has included in its General Plan Update, a goal of keeping all public parks designed and maintained to a high standard, with a policy to provide sufficient funding to support adequate park maintenance. In consideration of the City’s stated maintenance and funding policies, parks and recreational facilities are not anticipated to incur substantial physical deterioration from residential development of the Project Site at either its existing or proposed residential development intensity. Accordingly, implementation of the proposed Project would not result in less than significant impacts. b) Less than Significant Impact. The Project does not propose to construct any new on- or off-site recreation facilities. Should development of housing occur on the Project Site in the future, in accordance with California Government Code Section 66477 (Quimby Act), the City would collect three acres of parkland or in-lieu fees from any new residential subdivision for every 1,000 residents (Fontana, 2018b, p. 5.12-35). The standard objective for parks and recreation is five acres of parkland for every 1,000 residents. In 2035, the City population is expected to be 269,066, which is a population that would require 1,345 acres of parkland. The City has already exceeded this parkland objective with approximately 1,621 total acres of parkland (Fontana, 2018b, p. 5.12-34). Therefore, construction or expansion of additional recreation facilities is not expected to be needed due to residential development of the Project Site at either its existing or proposed residential development intensity. Accordingly, implementation of the proposed Project would result in less than significant impacts. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-46 XVII. TRANSPORTATION Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact Would the project: a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? ☐ ☒ ☐ ☐ b) Conflict or be inconsistent with CEQA Guidelines § 15064.3 or conflict with an applicable congestion management program, including, but not limited to, level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? ☐ ☐ ☒ ☐ c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? ☐ ☐ ☒ ☐ d) Result in inadequate emergency access? ☐ ☐ ☐ ☒ A Trip Generation Assessment and Vehicle Miles Traveled Screening Evaluation were prepared for the Project by Urban Crossroads to evaluate the potential transportation-related effects that may result from a future development on the Project Site with the proposed GPA and ZC (Urban Crossroads, 2023c; Urban Crossroads, 2023d). These reports are included as Technical Appendices E1 and E2 to this Initial Study/MND. a) Less Than Significant Impact. Should development of housing occur on the Project Site in the future, roadway frontage improvements would be required pursuant to the requirements of the City’s Municipal Code and the City’s General Plan Community Mobility and Circulation Element, which establish classifications for the City’s roadway network. Frontage improvements would require the installation of roadway widening, curb, gutter, streetscape landscaping, sidewalk, bike lanes and any transit facilities requested by Omnibus. Merrill Avenue is classified as Secondary Highway by the City’s General Plan. Omnibus Route 15 runs adjacent to the Project site along Merrill Avenue. The proposed Project would not conflict with programs, plans, and ordinances addressing the circulation system and less than significant impacts would occur. b) Less Than Significant Impact. In 2013, the State of California approved legislation (SB 743) to change the primary basis of evaluation of transportation impacts in CEQA from level of service (LOS) to vehicle miles traveled (VMT). CEQA Guidelines Section 15064.3 was approved in December 2018, and became effective in early 2019. Section 15064.3 required agencies to implement the new VMT requirement no later than July 1, 2020. The Governor’s Office of Planning and Research (OPR) released a Technical Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-47 Advisory on Evaluating Transportation Impacts in CEQA (“Technical Advisory”) in December 2018, which provides guidelines and recommendations for VMT evaluation and thresholds, and the City subsequently adopted thresholds. For information purposes, trip generation rates were calculated for both the existing and proposed General Plan land uses and zoning. As shown in Table 1-4, Trip Generation Comparison, the existing General Plan land use generates a total of 302 two-way trips per day with 23 AM peak hour trips and 30 PM peak hour trips. The proposed Project with full build-out of the Project Site, is calculated to generate a total of 1,130 two-way trips per day with 92 AM peak hour trips and 97 PM peak hour trips. The Project, upon full build- out of the Project Site, would be anticipated to generate 828 net new two-way trips per day with 69 net new AM peak hour trips and 67 net new PM peak hour trips as compared to the existing general plan land use and zoning. (Urban Crossroads, 2023c, pp. 2-4) Table 1-4 Trip Generation Comparison Land Use AM Peak Hour PM Peak Hour In Out Total In Out Total Daily Current General Plan (R-SF): Single Family 6 17 23 19 11 30 302 Proposed General Plan (R-MFMH): Multifamily 21 71 92 59 38 97 1,130 Net Change in Trips 15 54 69 40 27 67 828 Source: (Urban Crossroads, 2023c, Table 3) The Project’s traffic was evaluated against the City of Fontana’s screening criteria to determine if it could clearly be determined that the Project would not generate substantial vehicle miles traveled (VMT) – and, therefore, be consistent with CEQA Guidelines Section 15064.3(b) – or if additional analysis was needed to determine the significance of Project-related VMT. The screening criteria used in the Project analysis are established in the City’s Traffic Impact Analysis Guidelines (Fontana, 2020). Pursuant to the Traffic Impact Analysis Guidelines, projects located within a low VMT generating zone may be presumed to have a less than significant VMT impact absent substantial evidence to the contrary. City Guidelines identify VMT per service population as the appropriate VMT metric for land use projects and an impact threshold of 15% below the baseline County of San Bernardino per service population. The San Bernardino Transportation Analysis Model (SBTAM) is used to measure VMT performance in individual TAZs within the region. The Project’s physical location was identified in the SBTAM model to determine the TAZ in which the Project will reside. The Project TAZ 53736201 is then calculated using Origin-Destination (OD) trip matrices to obtain total OD VMT. The resulting total OD VMT is divided by the Project TAZ’s service population (i.e., population and employment). The San Bernardino County baseline average VMT per service population is 33.42 miles. Fifteen percent (15%) below the Countywide average is 28.41 VMT per service population (33.44 x 0.85 = 28.41). The Project TAZ 53736201 has a VMT per service population of 20.59, which falls below 28.41 VMT per service population. Therefore, the Project is located in a low VMT area. As the Project is located within a low VMT generating zone and the Project TAZ was found to contain residential land uses consistent with the proposed Project, there is nothing unique about the Project that would alter existing travel patterns. Accordingly, impacts would be less than significant. c) Less than Significant Impact. No development project is currently proposed and no physical disturbance of the property is currently proposed. Should development occur on the Project Site in the future, a Transportation Impact Analysis would be required. Any improvements proposed for a future Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-48 project within the public right-of-way would be required to be installed in conformance with City design standards. Additionally, the City would review the application materials of any future project to verify that no hazardous transportation design features would be introduced through implementation of the project. Accordingly, the Project would not create or substantially increase safety hazards due to a design feature or incompatible use. Impacts would be less than significant. d) No Impact. No development project is currently proposed and no physical disturbance of the property is currently proposed. Should development occur on the Project Site in the future, it would be subject to the provisions of the City’s Fire Code regarding providing adequate emergency access. Accordingly, the Project would not result in inadequate emergency access and no impact would occur. Mitigation Impacts are less than significant and mitigation is not required. Regardless, mitigation measures MM- TRA-1, MM-TRA-2, and MM-TRA-3 from the General Plan EIR may be applied to future projects, as necessary, to lessen traffic and the transportation network impacts. Refer to Section 5.0 for the mitigation measures. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-49 XVIII. TRIBAL CULTURAL RESOURCES Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact Would the project: a) 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 Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe? ☐ ☒ ☐ ☐ a.i & a.ii) Less than Significant Impact with Mitigation Incorporated. No prehistoric resources sites were identified on the Project Site during the pedestrian survey conducted by PaleoWest; however, three possible historic period cultural resources were identified, including a metal cross of unknown age possibly representing a memorial or grave features (PaleoWest, 2023). As part of the AB 52 consultation process required by State law, the City of Fontana sent notification of the Project to Native American tribes with possible traditional or cultural affiliation to the project area. No responses were received from any tribe. Regardless, because of the potential for discovery of significant tribal cultural resources when site development occurs, impacts are considered potentially significant. Mitigation Implementation of MM CR-1, MM CR-2, MM CR-3, and MM CR-4 apply. In addition, mitigation measures MM CUL-1 through MM CUL-5 from the General Plan EIR may be applied to future projects, as necessary, to lessen tribal cultural resources impacts. Refer to Section 5.0 for the mitigation measures. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-50 XIX. UTILITIES AND SERVICE SYSTEMS Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact Would the project: a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunication facilities, the construction or relocation of which could cause significant environmental effects? ☐ ☐ ☒ ☐ b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years? ☐ ☐ ☒ ☐ c) 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? ☐ ☐ ☒ ☐ d) Generate solid waste in excess of State or local standards, or in excess of the capacity or local infrastructure, or otherwise impair the attainment of solid waste reduction goals? ☐ ☐ ☒ ☐ e) Comply with federal, State, and local management and reduction statutes and regulations related to solid waste? ☐ ☐ ☒ ☐ a) Less than Significant Impact. No development project is currently proposed and no physical disturbance of the property is currently proposed. Should development occur on the Project Site in the future, any connections to existing infrastructure would be required to be accomplished in conformance with the rules and standards enforced by the applicable service provider. The construction of utility infrastructure necessary to serve any future project would not result in any significant physical effects on the environment that are not already identified and disclosed as part of this IS/MND. Accordingly, less than significant impacts would occur. b) Less than Significant Impact. No development project is currently proposed on the Project Site; therefore, no infrastructure improvements are proposed. Should development occur on the Project Site in the future, the Fontana Water Company (FWC) would be responsible for supplying potable water to the Project Site and its surrounding area. Because a future multi-tenant residential development project could increase the potential number of housing units on the Project Site by 217 units, assuming maximum development potential under the existing and potential General Plan land use designations, a future project could be inconsistent with the growth assumptions used by FWC to calculate its future water service Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-51 obligations. As discussed in FWC’s 2020 Urban Water Management Plan, herein incorporated by reference as the “UWMP,” adequate water supplies are projected to be available to meet the estimated water demand for the FWC’s service area through at least 2045 under normal, historic single-dry and historic multiple-dry year conditions (FWC, 2021, pp. 7-5 through 7-7). FWC forecasts for projected water demand are based on the population projections of the Southern California Association of Governments (SCAG), which rely on the adopted land use designations contained within the general plans that cover the geographic area within FWC’s service. Because a future multi-tenant residential development project would be inconsistent with the City’s current General Plan land use designation for the Project Site, the water demand associated with the Project could exceed the demand anticipated by the 2021 UWMP and analyzed therein. It is anticipated that FWC would have capacity to serve a future project, since it would only marginally increase demand; however, a future project would have to obtain a will-serve letter from FWC confirming that they have the capacity to serve the development should a future project be proposed. Because no development is currently proposed on the Project Site, the Project’s impacts would be less than significant. c) Less than Significant Impact. No development project is currently proposed and no physical disturbance of the property is currently proposed. Should a future development project occur on the Project Site, wastewater generated by the project would be treated by the Inland Empire Utility Agency (IEUA) RP-4 wastewater treatment plant. The RP-4 facility has an existing treatment capacity of approximately 14 million gallons of wastewater per day and treats approximately 10 million gallons of wastewater per day on average; therefore, the RP-4 facility has approximately 4 million gallons (14 million gpd – 10 million gpd = 4 million gpd) of excess treatment capacity under existing conditions (IUEA, 2022). Thus, it is expected that the RP-4 facility would have capacity to serve any future development on the property. Because no development is currently proposed on the Project Site, the Project’s impacts would be less than significant. d) Less than Significant Impact. No development project is currently proposed and no physical disturbance of the property is currently proposed. Should a development project be proposed on the Project Site in the future, implementation would generate an incremental increase in solid waste volumes requiring off-site disposal during short-term construction and long-term operational activities. Solid waste generated by the Project would be disposed at the Mid-Valley Landfill. The Mid-Valley Landfill is permitted to receive 7,500 tons of refuse per day and has a total capacity of 101,300,000 cubic yards. According to CalRecycle, the Mid-Valley Landfill has a total remaining capacity of 61,219,377 cubic yards. The Mid- Valley Landfill is estimated to reach capacity, at the earliest time, in the year 2045 (CalRecycle, 2022a). In May 2020, the peak daily disposal at the Mid-Valley Landfill was 6,016.62 tons, which correlates to an excess daily disposal capacity of 1,483.38 tons (CalRecycle, 2022b). Thus, it is expected that the Mid- Valley Landfill would have capacity to serve any future development on the property. Because no development is currently proposed on the Project Site, the Project’s impacts would be less than significant. e) Less than Significant Impact. The California Integrated Waste Management Act (AB 939), signed into law in 1989, established an integrated waste management system that focused on source reduction, recycling, composting, and land disposal of waste. In addition, the bill established a 50% waste reduction requirement for cities and counties by the year 2000, along with a process to ensure environmentally safe disposal of waste that could not be diverted. No development project is currently proposed and no physical disturbance of the property is currently proposed. Should development occur on the Project Site in the future, in order to assist the City of Fontana in achieving the mandated goals of the Integrated Waste Management Act, and pursuant to City of Fontana Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-52 Municipal Code Chapter 24, the building occupant(s) of any future project would be required to work with future refuse haulers to develop and implement feasible waste reduction programs, including source reduction, recycling, and composting. Additionally, in accordance with the California Solid Waste Reuse and Recycling Act of 1991 (Cal Pub Res. Code § 42911), any future project would be required to provide adequate areas for collecting and loading recyclable materials where solid waste is collected. The collection areas would be required to be shown on construction drawings and be in place before occupancy permits are issued (CA Legislative Info, 2005). Additionally, in compliance with AB 341 (Mandatory Commercial Recycling Program), future occupant(s) of a proposed project would be required to arrange for recycling services, if the occupant(s) generates four (4) or more cubic yards of solid waste per week (CA Legislative Info, 2011). The implementation of these mandatory requirements would reduce the amount of solid waste generated by any future project and diverted to landfills, which in turn will aid in the extension of the life of affected disposal sites. The future project would be required to comply with all applicable solid waste statutes and regulations; as such, impacts related to solid waste statutes and regulations would be less than significant. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-53 XX. WILDFIRE Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact If located in or near State Responsibility Areas or lands classified as very high fire hazard severity zones, would the project: a) Substantially impair an adopted emergency response plan or emergency evacuation plan? ☐ ☐ ☐ ☒ b) 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? ☐ ☐ ☐ ☒ c) 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 on ongoing impacts to the environment? ☐ ☐ ☐ ☒ d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as result of runoff, post-fire slope instability, or drainage changes? ☐ ☐ ☐ ☒ a-d) No Impact. CAL FIRE adopted Fire Hazard Severity Zone (FHSZ) maps for State Responsibility Areas (SRAs) in November 2007. The fire hazard model considers the wildland fuels; fuel is that part of the natural vegetation that burns during the wildfire. The model also considers topography, especially the steepness of the slopes; fires burn faster up-slope. Weather (temperature, humidity, and wind) has a significant influence on fire behavior; the model recognizes that some areas of California have more frequent and severe wildfires than other areas. Finally, the model considers the production of burning fire brands (embers) how far they move, and how receptive the landing site is to new fires. All SRAs are rated moderate, high, or very high fire hazard. (CalFire, 2022) According to the CAL FIRE FHSZ maps for the Project area, the Project Site is not located in or near an SRA or lands classified as very high fire hazard severity zones (CalFire, 2022). Because the Project Site is not located in an SRA, the Project has no potential to result in an environmental impact pursuant to Thresholds XX(a) through (d). Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-54 XXI. MANDATORY FINDINGS OF SIGNIFICANCE Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact a) Does 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? ☐ ☐ ☒ ☐ 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 the past projects, the effects of other current projects, and the effects of probable future projects)? ☐ ☐ ☒ ☐ c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ☐ ☐ ☒ ☐ a ) Less than Significant. 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. Throughout this IS/MND, impacts were determined to be less than significant. While no significant impacts have been identified that require mitigation to less than significant levels, the mitigation measures have been identified that may be applied to future projects, as necessary, to reduce impacts to less than significant levels. Accordingly, the proposed Project would not substantially degrade the quality of the environment and impacts would be less than significant. b) Less than Significant. As discussed throughout this IS/MND, implementation of the proposed Project would have less than significant impacts to the environment both individually and cumulatively. While no significant impacts have been identified that require mitigation to less than significant levels, the mitigation measures have been identified that may be applied to future projects, as necessary, to reduce impacts to less than significant levels. Aesthetics No development project is currently proposed and no physical disturbance of the property is currently proposed. Any future development project proposed on the Project Site or in the surrounding area would Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-55 change the existing character of the project’s viewshed; however, all development in the immediate vicinity of the Project would be required to comply with the development regulations and design standards contained in the City’s Development Code, which would ensure that minimum standards related to visual character and quality are met to preclude adverse aesthetic effects (e.g., size, scale, building materials, lighting). Accordingly, the Project’s aesthetic impacts would not be cumulatively-considerable. Agriculture Resources The Project would have no impact on agricultural resources. Therefore, there is no potential for the Project to contribute to a cumulatively-considerable impact under this topic. Air Quality The proposed Project would not directly result in construction of any development or infrastructure; therefore, would not result in cumulatively-considerable air quality impacts. No mitigation for the Project is required; however, MM-AQ-1, MM-AQ-2, MM-AQ-3, MM-AQ-8, MM-AQ-9, MM-AQ-10, MM-AQ- 11, MM-AQ-12, MM-AQ-13, MM-AQ-14, MM-AQ-20, MM-AQ-21, MM-AQ-22, and MM-AQ-23 from the General Plan EIR would apply to lessen impacts of any future development projects on the Project Site. Biological Resources The proposed Project would not directly result in construction of any development or infrastructure; therefore, would not result in cumulatively-considerable impacts to biological resources. In addition to MM BR-1, discussed above under Threshold IV(a), MM-BIO-3, MM-BIO-4, MM-BIO-5, MM-BIO-6, MM- BIO-7, MM-BIO-8, MM-BIO-9, and MM-BIO-10 from the General Plan EIR would apply to lessen impacts of any future development projects on the Project Site. Cultural Resources The proposed Project would not directly result in construction of any development or infrastructure; therefore, would not result in cumulatively-considerable impacts to cultural resources. In addition to MM CR-1, discussed above under Threshold V(a), MM-CUL-1, MM-CUL-2, and MM-CUL-3, from the General Plan EIR would apply to lessen impacts of any future development projects on the Project Site. Energy No development project is currently proposed and no physical disturbance of the property is currently proposed. Any future projects would be required to comply with the California Building Standards Code, which establishes standards for energy efficiency and “green” construction. Therefore, implementation of the Project would result in a less than significant cumulative impact to energy. Geology and Soils No development project is currently proposed and no physical disturbance of the property is currently proposed. Potential effects related to geology and soils are inherently site-specific; therefore, there is no potential for any future project to contribute to a cumulatively-considerable impact under this topic. Furthermore, all development proposals would be required to comply with applicable federal, State, and local regulations that are in place to preclude adverse geology and soils effects, including effects related to strong seismic ground shaking, fault rupture, soil erosion, and hazardous soil conditions (e.g., liquefaction, expansive soils, landslides). In addition to MM GEO-1, MM GEO-2, and MM GEO-3, discussed above under Threshold VII(f), MM-CUL-4 and CUL-5 from the General Plan EIR would apply to lessen potential impacts to paleontological resources from any future development project that may occur on the Project Site. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-56 Greenhouse Gas Emissions As described in the preceding analysis, global climate change (GCC) occurs as the result of global emissions of GHGs. An individual development project does not have the potential to result in direct and significant GCC-related effects in the absence of cumulative sources of GHGs. The CEQA Guidelines also emphasize that the effects of GHG emissions are cumulative and should be analyzed in the context of CEQA’s requirements for cumulative impacts analysis (See CEQA Guidelines Section 15130(f)). While no significant greenhouse gas emission impacts have been identified for the Project that require mitigation, mitigation measure MM-GHG-1 from the General Plan EIR is considered as a best practice to be applied to any future development projects on the Project Site to lessen impacts. Hazards and Hazardous Materials Potential effects related to hazards and hazardous materials are inherently site-specific; therefore, there is no potential for the Project to contribute to a cumulatively-considerable impact under this topic. Although no significant hazards or hazardous materials impacts have been identified that require mitigation to less than significant levels, mitigation measures MM-HAZ-1, MM-HAZ-2, MM-HAZ-3, MM-HAZ-4, and MM-HAZ-5 from the General Plan EIR are considered to be best practices applied to future projects, as necessary, to lessen impacts. Hydrology and Water Quality No development project is currently proposed and no physical disturbance of the property is currently proposed. Construction and operation of future projects in the Santa Ana River watershed would have the potential to result in a cumulative water quality impact, including erosion and sedimentation. However, in accordance with applicable federal, State, and local regulations, all development projects would be required to implement plans during construction and operation (e.g., SWPPP and WQMP) to minimize adverse effects to water quality, which would avoid a cumulatively-considerable impact. Future projects in the Santa Ana River Basin would be required to comply with federal, State, and local regulations in order to preclude flood hazards both on- and off-site. Compliance with federal, State, and local regulations would require on-site areas to be protected, at a minimum, from flooding during peak storm events (i.e., 100-year storm) and that future proposed development would not expose downstream properties to increased flooding risks during peak storm events. Accordingly, a cumulatively-considerable effect related to flooding would not occur. Land Use and Planning The Project would not physically divide an established community, or conflict with applicable land use/planning documents; therefore, there is no potential for the Project to contribute to a cumulatively- considerable impact related to land use and planning. Mineral Resources The Project would have no impact on mineral resources. Therefore, there is no potential for the Project to contribute to a cumulatively-considerable impact under this topic. Noise No development project is currently proposed and no physical disturbance of the property is currently proposed. Any future development project would be required to comply with the City of Fontana Noise Ordinance and would not produce noticeable levels of vibration; therefore, cumulatively-considerable Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-57 impacts related to these issue areas would not occur. While no significant noise impacts have been identified that require mitigation to less than significant levels, mitigation measures MM-NOI-1 and MM-NOI-2 from the General Plan EIR are considered as best practices to be applied to future projects, as necessary, to lessen impacts. Population and Housing No development project is currently proposed and no physical disturbance of the property is currently proposed. The Project Site is located in an area of Fontana that is already developed with residential land uses – and on a site that is planned for residential land uses by the Fontana General Plan. Accordingly, a future residential development project would sustain the ongoing trend of residential land uses in the area. The Project would not result in an adverse, cumulatively-considerable environmental effect related to population and housing. Public Services No development project is currently proposed and no physical disturbance of the property is currently proposed. All future development projects in the City of Fontana would be required to pay development impact fees, a portion of which would be used by the City for the provision of public services, to offset the incremental increase in demand for fire protection and police protection services. Furthermore, future development would generate an on-going stream of property tax revenue and sales tax revenue, which would provide funds that could be used by the City of Fontana for the provision of fire and police protection services. The Project would not result in cumulatively-considerable impacts to resident-serving public facilities such as schools, parks, libraries, and other public facilities or services. Recreation No development project is currently proposed and no physical disturbance of the property is currently proposed. Should development occur on the Project Site in the future, the City would collect in-lieu fees to offset demand for recreational facilities. Therefore, the Project would not contribute to a cumulatively- considerable impact under this topic. Transportation No development project is currently proposed and no physical disturbance of the property is currently proposed. The Project would not conflict with any City policies addressing the circulation network Therefore, implementation of the Project would not contribute to any adverse, cumulatively considerable transportation effects. Impacts are less than significant and mitigation is not required. Regardless, mitigation measures MM-TRA-1, MM-TRA-2, and MM-TRA-3 from the General Plan EIR may be applied to future projects, as necessary, to lessen traffic and the transportation network impacts. Tribal Cultural Resources No development project is currently proposed and no physical disturbance of the property is currently proposed; therefore, the Project would not impact any known tribal cultural resources. In addition to MM CR-1, MM CR-2, MM CR-3, and MM CR-4, discussed above under Threshold V(a), mitigation measures MM CUL-1 through MM CUL-5 from the General Plan EIR may be applied to future projects, as necessary, to lessen tribal cultural resources impacts. Utilities and Service Systems No development project is currently proposed and no physical disturbance of the property is currently proposed; therefore, the Project would not impact any infrastructure. Should a future development project Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-58 be proposed on the Project Site, it would require water and wastewater infrastructure, as well as solid waste disposal for building operation. 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 infrastructure plans is intended to ensure that adequate public utility services and resources are available to serve both individual development projects and cumulative growth in the region. Each individual development project is subject to review for utility capacity to avoid unanticipated interruptions in service or inadequate supplies. Coordination with the utility providers would allow for the provision of utility services to the Project and other developments. Any future development projects would be subject to connection and service fees to offset increased demand and assist in facility expansion and service improvements. Therefore, the Project would not contribute to a cumulatively- considerable impact under this topic. Wildfire The Project Site is not located in an SRA; therefore, no cumulatively-considerable impacts associated with wildfire would occur as a result of development of the Project. c) Less than Significant. 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. The Project results in less than significant impacts and mitigation measures are imposed and identified from the General Plan EIR are identified to lessen impacts of any future development projects on the Project Site. The proposed Project would not involve any activities that would result in environmental effects which would cause substantial adverse effects on human beings, either directly or indirectly. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-59 PERSONS CONTRIBUTING TO INITIAL STUDY/MND PREPARATION City of Fontana (Lead Agency) Salvador Quintanilla, Senior Planner T&B Planning, Inc. (Primary CEQA Consultant) Tracy Zinn, AICP, Principal Kristen Goddard, Senior Planner – Regulatory Compliance Cristina Maxey, GIS/Graphics Specialist REFERENCES Cited As Reference CA Legislative Info, 2005 California Legislative Information, 2005. California Public Resources Code 42911. January 1, 2005. Accessed July 11, 2022. Available on-line: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=P RC&sectionNum=42911 CA Legislative Info, 2011 California Legislative Information, 2011. Assembly Bill No. 341. 2011. Accessed July 11, 2022. Available on-line: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120 AB341 CalFire, 2022 California Department of Forestry and Fire Protection, 2022. Fire Hazard Severity Zone Viewer. 2022. Accessed July 6, 2022. Available on-line: https://egis.fire.ca.gov/FHSZ/ CalRecycle, 2020a California Department of Resources Recycling and Recovery, 2020. Mid-Valley Sanitary Landfill (36-AA-0055). Accessed July 11, 2022. Available on-line: https://www2.calrecycle.ca.gov/SolidWaste/Site/Summary/2662 CalRecycle, 2022b California Department of Resources Recycling and Recovery, 2022. Inspection Detail – Mid-Valley Sanitary Landfill. 2022. Accessed July 11, 2022. Available on-line: https://www2.calrecycle.ca.gov/SolidWaste/SiteInspection/Index/2662 Caltrans, 2019 California Department of Transportation, 2019. California State Scenic Highway System Map. 2019. Accessed July 11, 2022. Available on-line: https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d 807c46cc8e8057116f1aacaa CDC, 2018 California Department of Conservation. 2016. California Important Farmland Finder. 2018. Accessed July 11, 2022.Available on-line: https://maps.conservation.ca.gov/DLRP/CIFF/ CDC, 2022a California Department of Conservation, 2022. Fault Activity Map of California. April 11, 2022. Accessed July 2, 2022. Available on-line: https://maps.conservation.ca.gov/cgs/fam/ Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-60 Cited As Reference CDC, 2022b California Department of Conservation, 2022. Mineral Lands Classification Map. 2022. Accessed July7, 2022. Available on-line: https://maps.conservation.ca.gov/cgs/informationwarehouse/index.html?map= mlc DTSC, 2022 Department of Toxic Substances Control, 2022. EnviroStor Database. 2022. Assessed July 6, 2022. Available on-line: https://www.envirostor.dtsc.ca.gov/public/map/?global_id=19280436 ELMT Consulting, 2023 ELMT Consulting, 2023. Biological Resources Assessment for the Approximately 6.4 Acre Project Site Located Within Assessor Parcel Numbers (APNs) 0246-151-50, -51, -52, -56, -71, and -77 in the City of Fontana, San Bernadino County, California. March 7, 2023. Technical Appendix B. FEMA, 2008 Federal Emergency Management Agency, 2008. FEMA Flood Map Service Center. 2022. Accessed July 7, 2022. Available on-line: https://msc.fema.gov/portal/home Fontana, 2018a City of Fontana, 2018. Fontana Forward General Plan Update 2015-2035. November 13, 2018. Accessed July 7, 2022. Available on-line: https://www.fontana.org/2632/General-Plan-Update-2015---2035 Fontana, 2018b City of Fontana, 2018. Fontana Forward General Plan Update 2015-2035 Draft Environmental Impact Report SCH No. 2016021099. June 8, 2018. Accessed July 7, 2022. Available on-line: https://www.fontana.org/2632/General-Plan-Update-2015---2035 Fontana, 2020 City of Fontana, 2020. Traffic Impact Analysis (TIA) Guidelines for Vehicle Miles Traveled (VMT) and Level of Service Assessment. October 21, 2020. Accessed March 24, 2023. Available online: https://www.fontana.org/DocumentCenter/View/35928/TIA-Guidelines--- VMT-Assessment Fontana, 2022 City of Fontana, 2022. Zoning and Development Code. May 2, 2022. Accessed July 12, 2022. Available on-line: https://library.municode.com/ca/fontana/codes/zoning_and_development_code FWC, 2021 (This document is incorporated by reference) City of Fontana, 2021. 2020 Urban Water Quality Management Plan. June 2021. Accessed July 11, 2022. Available on-line: https://www.fontanawater.com/wp-content/uploads/2021/07/FWC-2020- UWMP-June-2021-Final.pdf Google Earth, 2022 Google Earth, 2022. Computer Software. IEUA, 2022 Inland Empire Utilities Agency, 2020. Regional Water Recycling Plant No. 4. 2022. Accessed July 12, 2022. Available on-line: https://www.ieua.org/facilities/regional-water-recycling-plant-no-4/ Ontario, 2011 City of Ontario, 2011. Ontario International Airport Land Use Compatibility Plan. April 19, 2011. Accessed July 6, 2022. Available on-line: http://www.ontarioplan.org/alucp-for-ontario-international-airport/ PaleoWest, 2023 PaleoWest, 2023. Cultural Resources Condition Assessment for the Alder and Merrill Project, City of Fontana, San Bernardino County, California. March 10, 2023. Technical Appendix C. San Bernardino County, 2007 San Bernardino County, 2007. San Bernardino County Land Use Plan Geologic Hazard Overlays. May 30, 2007. Accessed July 5, 2022. Available on-line: http://www.sbcounty.gov/Uploads/lus/GeoHazMaps/FH29C.pdf Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-61 Cited As Reference SCAQMD, 2023 South Coast Air Quality Management District, 2023. South Coast AQMD Air Quality Significance Thresholds. March 2023. Accessed March 23, 2023. Available on-line: http://www.aqmd.gov/docs/default-source/ceqa/handbook/south-coast-aqmd- air-quality-significance-thresholds.pdf?sfvrsn=25 Urban Crossroads, 2023a Urban Crossroads, 2023. Alder and Merrill Air Quality and Greenhouse Gas Evaluation. February 28, 2023. Technical Appendix A. Urban Crossroads, 2023b Urban Crossroads, 2023. Alder and Merrill Noise Assessment. March 16, 2023. Technical Appendix D. Urban Crossroads, 2023c Urban Crossroads, 2023. Alder and Merrill Trip Generation Assessment. February 28, 2023. Technical Appendix E1. Urban Crossroads, 2023d Urban Crossroads, 2023. Alder and Merrill Vehicle Miles Traveled (VMT) Screening Evaluation. February 28, 2023. Technical Appendix E2. USCB, 2012 United States Census Bureau, 2012. 2010 Census – Urbanized Area Reference Map: Riverside – San Bernardino, CA. March 11, 2012. Accessed June 29, 2022. Available on-line: https://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/ua75340 _riverside--san_bernardino_ca/DC10UA75340.pdf Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 4-62 MITIGATION MONITORING AND REPORTING PROGRAM Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 5-1 5.0 MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) Significant Project Impacts Mitigation to Reduce Significant Impacts Significance with Mitigation Mitigation to Lessen Future Project Impacts Aesthetics None Identified None Required Not Applicable MM-AES-1 For future development associated with the project located in or adjacent to residentially zoned property, the following General Condition of Approval shall be imposed: Construction documents shall include language that requires all construction contractors to strictly control the staging of construction equipment and the cleanliness of construction equipment stored or driven beyond the limits of the construction work area. Construction equipment shall be parked and staged within the project site to the extent practical. Staging areas shall be screened from view from residential properties with solid wood fencing or green fence. Construction worker parking may be located off-site with approval of the City; however, on-street parking of construction worker vehicles on residential streets shall be prohibited. Vehicles shall be kept clean and free of mud and dust before leaving the project site. Surrounding streets shall be swept daily and maintained free of dirt and debris. Agriculture and Forestry None Identified None Required Not Applicable None Identified Air Quality None Identified None Required Not Applicable MM-AQ-1 In order to reduce future project-related air pollutant emissions and promote sustainability through conservation of energy and other natural resources, building and site plan designs shall ensure the project energy efficiencies surpass (exceed) applicable (2016) California Title 24 Energy Efficiency Standards by a minimum of 5%. Verification of increased energy efficiencies shall be documented in Title 24 Compliance Reports provided by the applicant/developer and reviewed and approved by the City of Fontana prior to the issuance of the first building permit. MM-AQ-2 To reduce energy demand associated with potable water conveyance, future projects shall implement the following, as applicable: • Landscaping palette emphasizing drought tolerant plants • Use of water-efficient irrigation techniques U.S. Environmental Protection Agency (EPA) Certified WaterSense equivalent faucets, high-efficiency toilets, and water-conserving shower heads. MM-AQ-3 Future projects shall comply with applicable provisions of state law, including the California Green Standards Code (Part 11 of Title 24 of the California Code of Regulations. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 5-2 Significant Project Impacts Mitigation to Reduce Significant Impacts Significance with Mitigation Mitigation to Lessen Future Project Impacts MM-AQ-8 In the event that any off-site utility and/or infrastructure improvements are required as a direct result of future projects, construction of such off-site utility and infrastructure improvements shall not occur concurrently with the demolition, site preparation, and grading phases of project construction. This requirement shall be clearly noted on all applicable grading and/or building plans. MM-AQ-9 All construction equipment shall be maintained in good operation condition so as to reduce emissions. The construction contractor shall ensure that all construction equipment is being properly serviced and maintained as per the manufacturer’s specification. Maintenance records shall be available at the construction site for City of Fontana verification. The following additional measures, as determined applicable by the City Engineer, shall be included as conditions of the Grading Permit issuance: • Provide temporary traffic controls such as a flag person, during all phases of construction to maintain smooth traffic flow. • Provide dedicated turn lanes for movement of construction trucks and equipment on- and off-site. • Reroute construction trucks away from congested streets or sensitive receptor areas. • Appoint a construction relations officer to act as a community liaison concerning on-site construction activity including resolution of issues related to PM10 generation. • Improve traffic flow by signal synchronization and ensure that all vehicles and equipment will be properly tuned and maintained according to manufacturers’ specifications. • Require the use of 2010 and newer diesel haul trucks (e.g., material delivery trucks and soil import/export). If the lead agency determines that 2010 model year or newer diesel trucks cannot be obtained the lead agency shall use trucks that meet EPA 2007 model year NOx and PM emissions requirements. • During project construction, all internal combustion engines/construction equipment operating on the project site shall meet EPA-Certified Tier 3 emissions standards, or higher according to the following: o January I, 2012, to December 31, 2014: All offroad diesel-powered construction equipment greater than 50 hp shall meet Tier 3 off-road emissions standards. In addition, all construction equipment shall be outfitted with BACT devices certified by CARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 5-3 Significant Project Impacts Mitigation to Reduce Significant Impacts Significance with Mitigation Mitigation to Lessen Future Project Impacts diesel emissions control strategy for a similarly sized engine as defined by CARB regulations. o Post-January 1, 2015: All off-road diesel-powered construction equipment greater than 50 hp shall meet the Tie. 4 emission standards, where available. In addition, all construction equipment shall be outfitted with BACT devices certified by CARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved. by a Level 3 diesel emissions control strategy for similarly sized engine as defined by CARB regulations. o A copy of each unit’s certified tier specification, BACT documentation, and CARB or SCAQMD operating permit shall be provided at the time of mobilization of each applicable unit of equipment. MM-AQ-10 Prior to the issuance of any grading permits, all Applicants shall submit construction plans to the City of Fontana denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the SCAQMD as well as City Planning Staff. MM-AQ-11 All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Specifically, the following measures shall be implemented, as feasible: • Use coatings and solvents with a VOC content lower than that required under AQMD Rule 1113. • Construct or build with materials that do not require painting. • Require the-use of pre-painted construction materials. MM-AQ-12 Projects that result in the construction of more than 19 single-family residential units, 40 multifamily residential units, or 45,000 square feet of retail/commercial/industrial space shall be required to apply paints either by hand or high volume, low pressure (HVLP) spay. These measures may reduce volatile organic compounds (VOC) associated with the application of paints and coatings by an estimated 60 to 75 percent. Alternatively, the contractor may specify the use of low volatility paints and coatings. Several of currently available primers have VOC contents of less than 0.85 pounds per gallon (e.g., Dulux professional exterior primer 100 percent acrylic). Top coats can be less than 0.07 pounds per gallon (8 grams per liter) (e.g., Lifemaster 2000-series). This latter measure Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 5-4 Significant Project Impacts Mitigation to Reduce Significant Impacts Significance with Mitigation Mitigation to Lessen Future Project Impacts would reduce these VOC emissions by more than 70 percent. Larger projects should incorporate both the use of HVLP or hand application and the requirement for low volatility coatings. MM-AQ-13 All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. MM-AQ-14 Prior to the issuance of grading permits or approval of grading plans for future development projects within the project area, future developments shall include a dust control plan as part of the construction contract standard specifications. The dust control plan shall include measures to meet the requirements of SCAQMD Rules 402 and 403. Such measures may include, but are not limited to, the following: • Phase and schedule activities to avoid high-ozone days and first-stage smog alerts. • Discontinue operation during second-stage smog alerts. • All haul trucks shall be covered prior to leaving the site to prevent dust from impacting the surrounding areas. • Comply with AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. • Moisten soil each day prior to commencing grading to depth of soil cut. • Water exposed surfaces at least twice a day under calm conditions, and as often as needed on windy days or during very dry weather in order to maintain a surface crust and minimize the release of visible emissions from the construction site. • Treat any area that will be exposed for extended periods with a soil conditioner to stabilize soil or temporarily plant with vegetation. • Wash mud-covered tires and under carriages of trucks leaving construction sites. • Provide for street sweeping, as needed, on adjacent roadways to remove dirt dropped by construction vehicles or mud, which would otherwise be carried off by trucks departing project sites. • Securely cover all loads of fill coming to the site with a tight-fitting tarp. • Cease grading during periods when winds exceed 25 miles per hour. • Provide for permanent sealing of all graded areas, as applicable, at the earliest practicable time after soil disturbance. • Use low-sulfur diesel fuel in all equipment. • Use electric equipment whenever practicable. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 5-5 Significant Project Impacts Mitigation to Reduce Significant Impacts Significance with Mitigation Mitigation to Lessen Future Project Impacts • Shut off engines when not in use. MM-AQ-20 All residential and commercial structures shall be required to incorporate high efficiency/low polluting heating, air conditioning, appliances, and water heaters. MM-AQ-21 All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. MM-AQ-22 All residential, commercial, and industrial structures shall be required to incorporate light colored roofing materials. MM-AQ-23 Prior to approval of future development projects within the project area, the City of Fontana shall conduct project-level environmental review to determine potential vehicle emission impacts associated with the project(s). Mitigation measures shall be developed for each project as it is considered to mitigate potentially significant impacts to the extent feasible. Potential mitigation measures may require that facilities with over 250 employees (full or part-time employees at a worksite for a consecutive six-month period calculated as a monthly average), as required by the Air Quality Management Plan, implement Transportation Demand Management (TDM) programs. Biological Resources Threshold a and d: The Project has the potential to impact nesting birds that are protected by the MBTA and the CFGC. MM BR-1: Vegetation- clearing and ground disturbance shall be prohibited during the migratory bird nesting season (February 15 through September 1), unless a migratory bird nesting survey is completed in accordance with the following requirements: a) A nesting bird survey shall be conducted on the Project Site and within suitable habitat located within a 500-foot radius of the Project Site by a qualified biologist within 30 days prior to initiating vegetation clearing or ground disturbance. Less than Significant Impact with Mitigation Incorporated MM-BIO-3 The City of Fontana Planning Division shall require that all future project applicants prepare a Biological Assessment in conjunction with a project- level analysis. The Biological Assessment shall include a vegetation map of the proposed project area, analysis of the impacts associated with plant and animal species and habitats, and conduct habitat evaluations for burrowing owl, Delhi Sands flower-loving fly, San Diego pocket mouse, western mastiff bat, western yellow bat, and San Diego desert woodrat. If any of these special are determined to be present, then coordination with the U.S. Fish and Wildlife Service and/or California Department of Fish and Game shall be concluded to determine what, if any, permits or clearances are required prior to development. Each project-level Biological Assessment shall include an analysis of potential impacts to rare plants and rare natural communities in accordance with the California Department of Fish and Game’s November 2009 guidance for Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities. For those projects located in the Delhi Sands flower-loving fly Recovery Unit, the project-level Biological Assessment shall include focused surveys. The Biological Assessment shall prescribe actions necessary to mitigate the impacts identified for a particular project. Such actions shall include either avoidance of a sensitive resource, or payment of in-lieu fees Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 5-6 Significant Project Impacts Mitigation to Reduce Significant Impacts Significance with Mitigation Mitigation to Lessen Future Project Impacts b) If the survey identifies the presence of active nests, then the nests shall not be disturbed unless the qualified biologist verifies through non-invasive methods that either (i) the adult birds have not begun egg-laying and incubation; or (ii) the juveniles from the occupied nests are capable of independent survival. c) If the biologist is not able to verify any of the conditions from sub- item “b,” above, then no disturbance shall occur within a buffer zone specified by the qualified biologist for each nest or nesting site. The buffer zone shall be species-appropriate (no less than 100-foot radius around the nest for non-raptors and no more than a 500-foot radius around the nest for raptors) and shall be sufficient to protect the nest from direct and indirect impacts from construction activities, The size and location of buffer zones, if required, shall be based on consultation with the California Department of Fish and Wildlife and the U.S. Fish and Wildlife Service and shall be subject to review and approval by the City of Fontana. The nests and buffer zones shall be field checked weekly by a qualified biological monitor. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or that shall be used to purchase off-site replacement habitat. In instances where transplantation/relocation, off-site preservation, or fee payment is selected, habitat mitigation ratios shall be a minimum of 1:1, unless a greater ratio is required by a state or federal wildlife agency. The requirements of the Biological Assessment shall be a condition of approval of the individual development project. MM-BIO-4 Prior to any ground disturbance, trees scheduled for removal shall be evaluated by a City-approved biologist for roosting bats. If a roost is present the biologist will develop a plan to minimize impacts to the bats to the greatest extent feasible. MM-BIO-5 The City shall encourage the preservation of natural habitat in conjunction with private or public development projects. MM-BIO-6 Mitigation shall be provided for removal of any natural habitat, including restoration of degraded habitat of the same type, creation of new or extension of existing habitat of the same type, financial contribution to a habitat conservation fund administered by a Federal, State, or local government agency, or by a non-profit agency conservancy. MM-BIO-7 Local CEQA procedures shall be applied to identify potential impacts to rare, threatened and endangered species. MM-BIO-8 Evidence of satisfactory compliance shall be provided by Project Applicant with any required State and/or Federal permits, prior to issuance of grading permits for individual projects. MM-BIO-9 Any development that results in the potential take or substantial loss of occupied habitat for any threatened or endangered species shall conduct formal consultation with the appropriate regulatory agency and shall implement required mitigation pursuant to applicable protocols. Consultation shall be on a project- by-project basis and measures shall be negotiated independently for each development project. MM-BIO-10 For future development proposals that could potentially affect jurisdictional drainages or wetlands (to be determined by the City of Fontana Planning Division), the project applicant shall prepare a jurisdictional delineation to determine the extent of jurisdictional area, if any, as part of the regulatory permitting process. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 5-7 Significant Project Impacts Mitigation to Reduce Significant Impacts Significance with Mitigation Mitigation to Lessen Future Project Impacts ground disturbance shall commence until the qualified biologist with City concurrence verify that the nests are no longer occupied and/or juvenile birds can survive independently from the nests. Cultural Resources Thresholds a and b: There is the potential for the Project to directly or indirectly destroy important historical resources or human remains that may be buried on the Project Site. MM CR-1: The following three features shall be preserved in place with no disturbance: (1) a building, garage, and foundational remains of an accessory building at 17764 Merrill Avenue; (2) foundational remains of an accessory structure associated with off-site 17808 Merrill Avenue; and (3) a cross and the ground surface around and beneath the cross. Should a future residential project propose to disturb these features, a historical resources evaluation shall occur by a Historic Preservation consultant who meets the U.S. Secretary of the Interior's Professional Qualifications Standards. If any features are determined to be historically significant, they shall be mitigated in the form of data collection; digital photography of the property; preparation of as-built site plans/drawings of the property; a collection of historic photos and maps of the property, and submittal of materials to the City of Fontana and South Central Coastal Information Center at CSU, Fullerton. MM CR-2: Upon discovery of any cultural, tribal cultural, or archaeological resources, cease Less than Significant Impact with Mitigation Incorporated MM-CUL-1 A qualified archaeologist shall perform the following tasks, prior to construction activities within project boundaries: • Subsequent to a preliminary City review, if evidence suggests the potential for historic resources, a field survey for historical resources within portions of the project site not previously surveyed for cultural resources shall be conducted. • Subsequent to a preliminary City review, if evidence suggests the potential for historic resources, the San Bernardino County Archives shall be contacted for information on historical property records. • Subsequent to a preliminary City review, if evidence suggests the potential for sacred land resources, the Native American Heritage Commission shall be contacted for information regarding sacred lands. • All historical resources within the project site, including archaeological and historic resources older than 50 years, shall be inventoried using appropriate State record forms and guidelines followed according to the California Office of Historic Preservation’s handbook “Instructions for Recording Historical Resources.” The archaeologist shall then submit two (2) copies of the completed forms to the San Bernardino County Archaeological Information Center for the assignment of trinomials. • The significance and integrity of all historical resources within the project site shall be evaluated, using criteria established in the CEQA Guidelines for important archaeological resources and/or 36 CFR 60.4 for eligibility for listing on the National Register of Historic Places. • Mitigation measures shall be proposed and conditions of approval (if a local government action) recommended to eliminate adverse project effects on significant, important, and unique historical resources, following appropriate CEQA and/or National Historic Preservation Act's Section 106 guidelines. • A technical resources management report shall be prepared, documenting the inventory, evaluation, and proposed mitigation of resources within the project site, following guidelines for Archaeological Resource Management Reports prepared by the California Office of Historic Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 5-8 Significant Project Impacts Mitigation to Reduce Significant Impacts Significance with Mitigation Mitigation to Lessen Future Project Impacts construction activities within 60 feet of the find or 100 feet of the find if funerary objects are present until the find can be assessed. All cultural, tribal and archaeological resources unearthed by Project construction activities shall be evaluated by a qualified archaeologist meeting Secretary of Interior standards and tribal monitor/consultant. If the resources are Native American in origin, interested 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. MM CR-3: 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 culturally affiliated 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 Preservation, Preservation Planning Bulletin 4(a), December 1989. One copy of the completed report, with original illustrations, shall be submitted to the San Bernardino County Archaeological Information Center for permanent archiving. • If human remains are encountered on the project site, the San Bernardino County Coroner’s Office shall be contacted within 24 hours of the find, and all work shall be halted until a clearance is given by that office and any other involved agencies. • All resources and data collected within the project site shall be permanently curated at an appropriate repository within the County. MM-CUL-2 If any prehistoric archaeological resources are encountered before or during grading, the developer shall retain a qualified archaeologist to monitor construction activities and to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Fontana shall: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities at a theme or focal point. • Pursue educating the public about the area’s archaeological heritage. • Proposal mitigation measures and recommend conditions of approval (if a local government action) to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report, with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. MM-CUL-3 Where consistent with applicable local, State and federal law and deemed appropriate by the City, future site-specific development projects shall consider the following: In the event Native American cultural resources are discovered during construction for future development, all work in the immediate vicinity of the find shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the overall project may continue during this period; Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 5-9 Significant Project Impacts Mitigation to Reduce Significant Impacts Significance with Mitigation Mitigation to Lessen Future Project Impacts society in the area for educational purposes. MM CR-4: 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. • Initiate consultation between the appropriate Native American tribal entity (as determined by a qualified archaeologist meeting Secretary of Interior standards) and the City/project applicant; Transfer cultural resources investigations to the appropriate Native American entity (as determined by a qualified archaeologist meeting Secretary of Interior standards) as soon as possible; • Utilize a Native American Monitor from the appropriate Native American entity (as determined by a qualified archaeologist meeting Secretary of Interior standards) where deemed appropriate or required by the City, during initial ground disturbing activities, cultural resource surveys. and/or cultural resource excavations. MM-CUL-4 A qualified paleontologist shall conduct a pre-construction field survey of any project site within the Specific Plan Update area that is underlain by older alluvium. The paleontologist shall submit a report of findings that provides specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. MM-CUL-5 Should mitigation monitoring of paleontological resources be recommended for a specific project within the project site, the program shall include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, earth- disturbing activities shall be diverted elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor shalt immediately divert construction and notify the monitor of the find. • All recovered fossils shall be prepared, identified, and curated for documentation in the summary 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. Energy None Identified None Required Not Applicable None Identified Geology and Soils Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 5-10 Significant Project Impacts Mitigation to Reduce Significant Impacts Significance with Mitigation Mitigation to Lessen Future Project Impacts Threshold f: Future development that may occur on the Project Site due to the General Plan Amendment and change of zone proposed by this Project could potentially affect subsurface paleontological resources. MM GEO-1: Prior to the issuance of a grading permit, the Project Applicant shall provide evidence to the City of Fontana that a qualified paleontologist (“paleontologist”) has been retained by the Project Applicant or contractor to be on-call should any suspected paleontological resources be unearthed during Project-related construction activities. MM GEO-2: If a suspected paleontological resource is discovered during earth disturbance activities, the discovery shall be cordoned off with a 100-foot radius buffer by the construction contractor so as to protect the discovery from further potential damage, and the paleontologist shall be consulted to assess the discovery. MM GEO-3: If a discovery is determined to be significant by the paleontologist, paleontological salvage shall occur. Recovered specimens shall be prepared to a point of identification and permanent preservation is required. Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage (e.g., the San Bernardino County Museum) shall be conducted. The paleontological program should include a written repository agreement prior to the initiation of mitigation activities. Prior to curation, the lead agency Less than Significant Impact with Mitigation Incorporated Refer to MM CUL-4 and MM CUL-5. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 5-11 Significant Project Impacts Mitigation to Reduce Significant Impacts Significance with Mitigation Mitigation to Lessen Future Project Impacts (e.g., the City of Fontana) will be consulted on the repository/museum to receive the fossil material. A final report of findings and significance shall be be prepared, including lists of all fossils recovered and necessary maps and graphics to accurately record their original location(s). The report, when submitted to, and accepted by, the appropriate lead agency, will signify satisfactory completion of the project program to mitigate impacts to any potential nonrenewable paleontological resources (i.e., fossils) that might have been lost or otherwise adversely affected without such a program in place. Greenhouse Gas Emissions None Identified None Required Not Applicable MM-GHG-1 Prior to the issuance of building permits, future development projects shall demonstrate the incorporation of project design features that achieve a minimum of 28.5 percent reduction in GHG emissions from non- mobile sources as compared to business-as-usual conditions. With regard to expansions/modifications of existing facilities, this mitigation measure shall be applied to the resulting incremental net increase in enclosed floor area. Future projects shall include, but not be limited to, the following list of potential design features (which include measures for reducing GHG emissions related to Transportation and Motor Vehicles). Energy Efficiency • Design buildings to be energy efficient and exceed Title 24 requirements by at least 5 percent. • Install efficient lighting and lighting control systems. Site and design building to take advantage of daylight. • Use trees, landscaping and sun screens on west and south exterior building walls to reduce energy use. Install light colored “cool” roofs and cool pavements. • Provide information on energy management services for large energy users. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 5-12 Significant Project Impacts Mitigation to Reduce Significant Impacts Significance with Mitigation Mitigation to Lessen Future Project Impacts • Install energy efficient heating and cooling systems, appliances and equipment, and control systems (e.g., minimum of Energy Star rated equipment). • Implement design features to increase the efficiency of the building envelope (i.e., the barrier between conditioned and unconditioned spaces). • Install light emitting diodes (LEDs) for traffic, street and other outdoor lighting. • Limit the hours of operation of outdoor lighting. Renewable Energy • Install solar panels on carports and over parking areas. Ensure all industrial buildings are designed to have “solar ready” roofs. • Use combined heat and power in appropriate applications. Water Conservation and Efficiency • Create water-efficient landscapes with a preference for a xeriscape landscape palette. • Install water-efficient irrigation systems and devices, such as soil moisture-based irrigation controls. • Design buildings to be water-efficient. Install water efficient fixtures and appliances (e.g., EPA WaterSense labeled products). • Restrict watering methods (e.g., prohibit systems that apply water to non- vegetated surfaces) and control runoff. • Restrict the use of water for cleaning outdoor surfaces and vehicles. • Implement low-impact development practices that maintain the existing hydrologic character of the site to manage storm water and protect the environment. (Retaining storm water runoff on-site can drastically reduce the need for energy intensive imported water at the site). • Devise a comprehensive water conservation strategy appropriate for the project and location. The strategy may include many of the specific items listed above, plus other innovative measures that are appropriate to the specific project. • Provide education about water conservation and available programs and incentives. Solid Waste Measures • Reuse and recycle construction and demolition waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard). • Provide interior and exterior storage areas for recyclables and green waste and adequate recycling containers located in public areas. • Provide education and publicity about reducing waste and available recycling services. Transportation and Motor Vehicles Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 5-13 Significant Project Impacts Mitigation to Reduce Significant Impacts Significance with Mitigation Mitigation to Lessen Future Project Impacts • Limit idling time for commercial vehicles, including delivery and construction vehicles. • Promote ride sharing programs (e.g., by designating certain percentage of parking spaces for ride sharing vehicles, designating adequate passenger loading and unloading and waiting areas for ride sharing vehicles, and providing a web site or message board for coordinating rides). • Create local “light vehicle” networks, such as neighborhood electric vehicle (NEV) systems. • Provide the necessary facilities and infrastructure to encourage the use of low or zero-emission vehicles (e.g., electric vehicle charging facilities and conveniently located alternative fueling stations). • Promote “least polluting” ways to connect people and goods to their destinations. • Incorporate bicycle lanes and routes into street systems, new subdivisions, and large developments. • Incorporate bicycle-friendly intersections into street design. • For commercial projects, provide adequate bicycle parking near building entrances to promote cyclist safety, security, and convenience. For large employers, provide facilities that encourage bicycle commuting (e.g., locked bicycle storage or covered or indoor bicycle parking). • Create bicycle lanes and walking paths directed to the location of schools, parks, and other destination points. Hazards and Hazardous Materials None Identified None Required Not Applicable MM-HAZ-1 The City shall require that new proposed facilities involved in the production, use, storage, transport or disposal of hazardous materials be located a safe distance from land uses that may be adversely impacted by such activities. Conversely, new sensitive facilities, such as schools, child-care centers, and senior enters, shall not to be located near existing sites that use, store, or generate hazardous materials. MM-HAZ-2 The City shall assure the continued response and capability of the San Bernardino County Fire Department/Fontana Fire Protection District to handle hazardous materials incidents in the City and along the sections of freeways that extend across the City. MM-HAZ-3 The City shall require all businesses that handle hazardous materials above the reportable quantity to submit an inventory of the hazardous materials that they manage to the San Bernardino County Fire Department - Hazardous Materials Division in coordination with the Fontana Fire Protection District. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 5-14 Significant Project Impacts Mitigation to Reduce Significant Impacts Significance with Mitigation Mitigation to Lessen Future Project Impacts MM-HAZ-4 The City shall identify roadways along which hazardous materials are routinely transported. If essential facilities, such as schools, hospitals, child care centers or other facilities with special evacuation needs are located along these routes, identify emergency response plans that these facilities can implement in the event of an unauthorized release of hazardous materials in their area. MM-HAZ-5 A Phase I Site Assessment shall be prepared in accordance with American Society of Testing and Materials Standards and Standards for Practice for All Appropriate Inquiries prior to issuance of a Grading Permit for future development. The Phase I Environmental Site Assessment shall investigate the potential for site contamination, and will identify Specific Recognized Environmental Conditions (i.e., asbestos containing materials, lead-based paints, polychlorinated biphenyls, etc.) that may require remedial activities prior to land acquisition or construction. Hydrology and Water Quality None Identified None Required Not Applicable None Identified Land Use None Identified None Required Not Applicable None Identified Mineral Resources None Identified None Required Not Applicable None Identified Noise None Identified None Required Not Applicable MM-NOI-1 Prior to issuance of a grading permit, a developer shall contract for a site-specific noise study for the parcel. The noise study shall be performed by an acoustic consultant experienced in such studies and the consultant's qualifications and methodology to be used in the study must be presented to City staff for consideration. The site-specific acoustic study shall specifically identify potential noise impacts upon any proposed sensitive uses (addressing General Plan buildout conditions), as well as potential project impacts upon off-site sensitive uses due to construction, stationary and mobile noise sources. Mitigation for mobile noise impacts, where identified as significant, shall consider facility siting and truck routes such that project-related truck traffic utilizes existing established truck routes. Mitigation shall be required if noise levels exceed 65 dBA, as identified in Section 30-182 of the City’s Municipal Code. MM-NOI-2 To reduce impacts related to heavy construction equipment moving and operating on site during project construction, grading, demolition, and Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 5-15 Significant Project Impacts Mitigation to Reduce Significant Impacts Significance with Mitigation Mitigation to Lessen Future Project Impacts paving prior to issuance of grading permits, the applicant shall ensure that the following procedures are followed: • Construction equipment, fixed or mobile, shall be properly outfitted and maintained with feasible noise-reduction devices to minimize construction generated noise. • Laydown and construction vehicle staging areas shall be located away from noise sensitive land uses if feasible. • Stationary noise sources such as generators shall be located away from noise sensitive land uses, if feasible. • Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow surrounding property owners to contact the job superintendent 24 hours a day to report noise and other nuisance- related issues, if necessary. The point of contact shall be available 24 hours a day, 7 days a week and have authority to commit additional assets to control dust after hours, on weekends, and on holidays. In the event that the City of Fontana receives a pattern of noise complaints, appropriate corrective actions shall be implemented, such as onsite noise monitoring during construction activities, and a report of the action shall be provided to the reporting party. Population and Housing None Identified None Required Not Applicable None Identified Public Services None Identified None Required Not Applicable None Identified Recreation None Identified None Required Not Applicable None Identified Transportation Threshold a: The Project has no potential to conflict with City plans, ordinances, or policies related to the circulation system. None Required Not Applicable MM-TRA-1 Prior to the issuance of building permits, the project applicant shall participate in the City of Fontana's Development Impact Fee (DIF) program by paying the requisite DIF fee at the time of the building permit. The Measure I fee program relies upon local jurisdictions to implement mitigation programs by collecting fees for regional improvements; however, the San Bernardino County Transportation Authority (SBCTA) does not dictate how individual jurisdictions allocate their costs for regional improvements to new development. Instead, each jurisdiction, including the City of Fontana, is required to develop its own schedule of fees and implementation programs (often through a capital improvement program (CIP)) that can demonstrate achievement of contribution levels set in the Nexus Study for each jurisdiction. Alder and Merrill Change of Zone Mitigated Negative Declaration City of Fontana Page 5-16 Significant Project Impacts Mitigation to Reduce Significant Impacts Significance with Mitigation Mitigation to Lessen Future Project Impacts The Nexus study is based on having each jurisdiction subject to the Nexus Study fund its share of needed regional improvements by developing the facilities within its own jurisdiction. The Nexus Study does not rely on the exchange of impact fees between jurisdictions as a means of mitigating impacts of development occurring within one jurisdiction on the regional transportation facilities of another jurisdiction. As a result, there is no allocation of arterial improvement costs to jurisdictions outside the jurisdiction in which proposed development project is located. Impacts of development throughout the region addressed in the Nexus Study are instead mitigated by requiring each jurisdiction to be responsible for needed arterial improvements within its own jurisdiction, including the share of improvements in traffic generated in other jurisdictions. Thus, as development occurs within the various jurisdictions subject to Nexus Study fees, all of the regional improvements included within the Nexus Study throughout the County of San Bernardino will eventually be built. MM-TRA-2 Prior to issuance of a grading permit, applicants for future development associated with proposed projects shall prepare site-specific traffic studies, to the satisfaction of the City's Engineering Department. As determined by these subsequent traffic studies, traffic improvements identified as mitigation measures shall be implemented as a condition of the approved future development project, either through direct construction by the project applicant and/or through development impact fees. MM-TRA-3 The City of Fontana shall perform monitoring of traffic generation and phasing of development within the project area to defer or eliminate identified improvements due to potential circulation impact changes or reduced land use intensities. This monitoring shall be achieved through project-specific traffic studies tied to future development within the Specific Plan Update area with land use in excess of 100,000 square feet of non-residential land use. Tribal Cultural Resources Threshold a: The Project has the potential to impact a significant tribal cultural resource if unearthed and disturbed/damaged during Project construction activities. MM CR-1 through MM CR-4 apply. Less than Significant Impact with Mitigation Incorporated Refer to MM-CUL-1 through MM CUL-5. Utilities and Service Systems None Identified None Required Not Applicable None Identified Wildfire None Identified None Required Not Applicable None Identified