HomeMy WebLinkAbout00 Final Subsequent Environmental Impact Report
Cherry Commerce Center
Project
Final Subsequent
Environmental Impact Report
State Clearinghouse No. 2023070065
Prepared for:
City of Fontana
Planning Department
8353 Sierra Avenue
Fontana, CA, 92335
Prepared by:
Kimley-Horn and Associates, Inc.
3801 University Avenue, Suite 300
Riverside, CA 92501
February 2024
Cherry Commerce Center Project
Final Subsequent Environmental Impact Report
State Clearinghouse No. 2023070065
Lead Agency:
City of Fontana
Planning Department
8353 Sierra Avenue
Fontana, CA 92335
Prepared By:
Kimley-Horn and Associates, Inc.
3801 University Avenue, Suite 300
Riverside, CA 92501
February 2024
Cherry Commerce Center Project
Final Subsequent Environmental Impact Report Table of Contents
City of Fontana February 2024
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Table of Contents
Section 1: Introduction
1.1 Introduction .........................................................................................................................1.0-1
1.2 Organization of the Final SEIR ..............................................................................................1.0-2
1.3 CEQA Process Summary .......................................................................................................1.0-2
1.4 Changes to the Draft SEIR.....................................................................................................1.0-4
Section 2: Comments and Responses to the Draft SEIR
2.1 Introduction to Comments and Responses ...........................................................................2.0-1
Comment Letter O1 - Center for Community Action and Environmental Justice (CCAEJ) .......2.0-2
Response to Comment Letter O1 - CCAEJ .........................................................................2.0-4
Comment Letter O2 - South Fontana Concerned Citizens Coalition (SFCCC) ..........................2.0-6
Response to Comment Letter O2 - SFCCC .........................................................................2.0-9
Comment Letter P1 – Susan Bowen......................................................................................2.0-13
Response to Comment Letter P1 – Susan Bowen ..............................................................2.0-14
Comment Letter A1 – Rob Swanson, Deputy Attorney General ............................................2.0-15
Response to Comment Letter A1 – Rob Swanson, Deputy Attorney General .....................2.0-17
Section 3.0: Errata to the Draft SEIR
3.1 Introduction to the Errata ....................................................................................................3.0-1
3.2 Changes to the Draft SEIR.....................................................................................................3.0-1
List of Tables
Table 2.0-1: Comments from Public Agencies, Organizations, and Individuals ................................2.0-1
List of Attachments
Attachment A: Revision to Fontana Municipal Code, ARTICLE V. – Industrial Commerce Centers
Sustainability Standards (Air Quality Assessment, Appendix B: Consistency with the
Fontana Industrial Commerce Center Sustainability Standards)
1.0
Introduction
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Section 1.0 | Introduction
1.1 INTRODUCTION
The Final Subsequent Environmental Impact Report (Final SEIR) for the Cherry Commerce Center Project
(Project) has been prepared in accordance with the California Environmental Quality Act (CEQA), and
CEQA Guidelines. CEQA Guidelines Section 15132 indicates that the contents of a Final EIR shall consist
of:
(a) Environmental Impact Reports shall contain the information outlined in this article, but the format
of the document may be varied. Each element must be covered, and when these elements are
not separated into distinct sections, the document shall state where in the document each
element is discussed.
(b) The EIR may be prepared as a separate document, as part of a general plan, or as part of a project
report. If prepared as a part of the project report, it must still contain one separate and
distinguishable section providing either analysis of all the subjects required in an EIR or, as a
minimum, a table showing where each of the subjects is discussed. When the Lead Agency is a
state agency, the EIR shall be included as part of the regular project report if such a report is used
in the agency’s existing review and budgetary process.
(c) Draft EIRs shall contain the information required by Sections 15122 through 15131. Final EIRs shall
contain the same information and the subjects described in Section 15132.
(d) No document prepared pursuant to this article that is available for public examination shall
include a “trade secret” as defined in Section 6254.7 of the Government Code, information about
the location of archaeological sites and sacred lands, or any other information that is subject to
the disclosure restrictions of Section 6254 of the Government Code.
The Final SEIR includes all of these required components.
In accordance with Section 15088 of the State CEQA Guidelines, the City of Fontana, as the lead agency
for the Project, evaluated comments received on the Draft EIR (State Clearinghouse No. 2023070065) and
has prepared responses to the comments received. The preceding Table of Contents provides of a list of
all persons, organizations, and public agencies commenting on the Draft SEIR. Section 2.0 includes the
Responses to Comments received by the City of Fontana on the Draft SEIR. This Response to Comments
document is part of the Final SEIR, which includes the Draft SEIR pursuant to Section 15132 of the State
CEQA Guidelines.
It should be noted that various editorial clarifications and corrections were made to the original Draft SEIR
text. Added or modified text is shown in Section 3.0: Errata, by underlining (example) while deleted text
is shown by striking (example). The additional information, corrections, and clarifications are not
considered to substantively affect the conclusions within the Draft SEIR.
After review and discussion by City staff and the City Planning Commission, responses to comments will
be sent to commenting agencies and individuals. This satisfies the requirement of Section 21092.5 of CEQA
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to send responses to the public agency comments received on the Draft EIR at least 10 days prior to Project
approval. This document includes responses to all written comments received on the Draft EIR.
1.2 ORGANIZATION OF THE FINAL SEIR
This Final SEIR provides the requisite information required under CEQA and is organized as follows:
Section 1.0 Introduction. This section provides an introduction to the Final SEIR, including the
requirements under CEQA, the organization of the document, as well as brief summary of the
CEQA process activities to date.
Section 2.0 Comments and Responses. This section provides a list of public agencies,
organizations, and individuals commenting on the Draft SEIR, provides a copy of each written
comment received, and any response required under CEQA.
Section 3.0 Errata to the Draft EIR. This section details changes to the Draft SEIR.
Attachments. This section provides additional content where needed and cross-referenced from
the body of the Final SEIR.
1.3 CEQA PROCESS SUMMARY
The Draft SEIR is an informational document intended to inform the public and decision-makers about the
environmental consequences for the proposed redevelopment of an existing heavy equipment yard for
the Cherry Commerce Center Project. The Project involves the development of approximately 699,433
square feet (sf) of logistics use on the northeastern corner of Cherry Avenue and Jurupa Avenue in the
City of Fontana. The Project site is located at 11171 Cherry Avenue on approximately 30 acres and is
composed of two parcels, Assessor Parcel Numbers (APNs): 0236-191-14 and 0236-191-25. The Project
proposes two logistics buildings (warehouses) totaling approximately 699,433 sf. Building 1 would total
approximately 477,480 sf, inclusive of approximately 10,000 sf of office space. Building 2 would total
approximately 221,953 sf, inclusive of approximately 6,000 sf of office space. The Project would also
include approximately 319 automobile parking stalls (185 parking stalls required) and approximately 105
trailer parking stalls, curb and gutter, security lighting, perimeter wall, gated access, and associated
improvements.
The Project site’s existing General Plan land use designation is Light Industrial (I-L) and the zoning is
Southwest Industrial Park (SWIP). The Project is consistent with the existing General Plan land use
designation and zoning. Approvals requested as part of the Project include a Design Review, Tentative
Parcel Map (TPM No. 20744), Sign Permit, Tree Removal Permit, and Water Quality Management Plan. A
complete description of the Project is provided in Section 3.0: Project Description of the Draft EIR.
The Draft SEIR serves as a “Subsequent EIR” as defined in Section 15162 of the CEQA Guidelines related
to the construction and operation of the logistics buildings, and tiers off of the SWIP EIR. The Draft SEIR
considers the environmental impacts of the Project, as well as the additive effects of growth throughout
the City and the region. These latter impacts are referred to as cumulative impacts. The Draft SEIR also
evaluates a range of potential feasible alternatives anticipated to reduce significant impacts of the Project,
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including a No Project/No Build Alternative; Single Building/Cross Dock Alternative; Reduced Build
Alternative; and Alternative Sites Alternative. The Draft EIR has been prepared for the City, pursuant to
the requirements of the California Environmental Quality Act (CEQA).
Pursuant to CEQA Guidelines Section 15082, the City circulated a Notice of Preparation (NOP) advising
public agencies, special districts, and members of the public who had requested such notice that a SEIR
for the Project was being prepared. The initial NOP was distributed on July 7, 2023, to solicit comments
related to the construction of the logistics buildings. The 30-day public review period ended on August 7,
2023. This process and the comments submitted in response to the NOP are discussed in Section 2.0:
Introduction and Purpose and Section 1.7: Areas of Controversy, of the Draft SEIR. The NOP comments
letters can be found in Draft SEIR Appendix A.
After receiving public comments on the NOP, the Project was analyzed for its potential to result in
environmental impacts. Impacts were evaluated in accordance with the significance criteria developed by
the City that are based on criteria presented in Appendix G, “Environmental Checklist Form,” of the CEQA
Guidelines. The criteria in the Environmental Checklist (checklist), was used to determine if the Project
would result in “no impact,” “less than significant impact,” “less than significant impact with mitigation
incorporated,” or “significant unavoidable impact” to a particular environmental resource. In some
instances, a project may use the checklist to provide an initial discussion of a project and to screen out
certain topics from a full discussion in the Draft EIR. In the case of the Project this was done for Agriculture
and Forestry Resources, Mineral Resources, Population and Housing, and Recreation. Evaluation of these
resources can be found in Draft EIR Section 7.0.
The Draft SEIR describes the existing environmental resources on the Project site and in its vicinity,
analyzes potential impacts on those resources that would or could occur upon initiation of the Project,
and identifies mitigation measures that could avoid or reduce the magnitude of those impacts determined
to be significant. The environmental impacts evaluated in the Draft SEIR concern several subject areas
including aesthetics, air quality, biological resources, cultural resources, energy, geology and soils,
greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and
planning, noise, public services, transportation, tribal cultural resources, utilities and service systems, and
wildfire. As noted in the preceding paragraph, public comment was received during the NOP process and
included written letters provided to the City during NOP comment response period. A copy of the letters
with the NOP is provided in Appendix A to the Draft SEIR. The comments were used, as intended, to help
inform the discussion of the Draft SEIR and help determine the scope and framework of certain topical
discussions.
When the Draft SEIR was completed, it was circulated for public review pursuant to CEQA Guidelines
Section 15087. The 45-day public review for the Draft SEIR began on December 7, 2023, and ended on
January 22, 2024. All comment letters received during the 45-day public review period previously
mentioned are included in this Final SEIR. Additionally, a public meeting with the Fontana Planning
Commission was held for the Project on January 16, 2024, at 6:00 p.m. No additional public comments
were received during the Planning Commission Hearing.
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As set forth in more detail in the Responses to Comments and Errata, none of the clarifications or
amplifications set forth herein change the significance conclusions presented in the Draft SEIR or
substantially alters the analysis presented for public review. Furthermore, the Draft SEIR circulated for
public review was fully adequate under CEQA such that meaningful public review was not precluded. Thus,
the clarifications provided in the Responses to Comments and Errata do not constitute significant new
information that might trigger recirculation.
1.4 CHANGES TO THE DRAFT SEIR
As previously stated, Section 3.0, Errata to the Draft SEIR, details the changes to the Draft SEIR. In
response to public comments, text changes have been made to Draft SEIR sections to clarify and amplify
the analysis or mitigation measures, and to make insignificant modifications to the Draft SEIR. This
information does not rise to the level of significant new information as the resulting impact analysis and
alternatives considered remain essentially unchanged, and no new or more severe impacts have been
identified. These changes do not warrant Draft SEIR recirculation pursuant to California Public Resources
Code Section 21092.1 and CEQA Guidelines Section 15088.5. As discussed herein and as elaborated upon
in the respective Response to Comments, none of the clarifications or changes made in the Errata reflect
a new significant environmental impact, a “substantial increase” in the severity of an environmental
impact for which mitigation is not proposed, or a new feasible alternative or mitigation measure that
would clearly lessen significant environmental impacts but is not adopted, nor do the Errata reflect a
“fundamentally flawed” or “conclusory” Draft SEIR. In all cases, as discussed in individual responses to
comments and Draft SEIR Errata, these minor clarifications and modifications do not identify new or
substantially more severe environmental impacts that the City has not committed to mitigate. Therefore,
the public has not been deprived of a meaningful opportunity to comment upon a substantial adverse
environmental effect of the Project or an unadopted feasible Project alternative or mitigation measure.
Instead, the information added supports the existing analysis and conclusions, and responds to inquiries
made from commenters. Therefore, the Draft SEIR is not subject to recirculation prior to certification.
CEQA Guidelines Section 15088.5 describes when an EIR requires recirculation prior to certification,
stating in part:
“(a) A lead agency is required to recirculate an EIR when significant new information is
added to the EIR after public notice is given of the availability of the draft EIR for
public review under Section 15087 but before certification. As used in this section,
the term "information" can include changes in the project or environmental setting
as well as additional data or other information. New information added to an EIR is
not "significant" unless the EIR is changed in a way that deprives the public of a
meaningful opportunity to comment upon a substantial adverse environmental
effect of the project or a feasible way to mitigate or avoid such an effect (including
a feasible project alternative) that the project's proponents have declined to
implement. “Significant new information” requiring recirculation include, for
example, a disclosure showing that:
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(1) A new significant environmental impact would result from the project or from
a new mitigation measure proposed to be implemented.
(2) A substantial increase in the severity of an environmental impact would result
unless mitigation measures are adopted that reduce the impact to a level of
insignificance.
(3) A feasible project alternative or mitigation measure considerably different
from others previously analyzed would clearly lessen the environmental
impacts of the project, but the project’s proponents decline to apply it.
(4) The draft EIR was so fundamentally and basically inadequate and conclusory
in nature that meaningful public review and comment were precluded
(Mountain Lion Coalition v. Fish and Game Com. (1989) 214 Cal.App.3d 1043).
(b) Recirculation is not required where the new information added to the EIR merely clarifies or
amplifies or makes insignificant modifications in an adequate EIR.”
2.0
Comments and Responses
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Section 2.0 | Comments and Responses to the Draft SEIR
2.1 INTRODUCTION TO COMMENTS AND RESPONSES
Table 2.0-1 below provides a list of those parties that provided written comments on the Draft SEIR during
the public review period. Each comment document has been assigned a letter as indicated in the table.
A copy of the written comments are provided in this section, and have been annotated with the assigned
letter along with a number for each comment. Each comment document is followed by a written response
which corresponds to the comments provided.
Table 2.0-1: Comments from Public Agencies, Organizations, and Individuals
Letter Date Received Organization/Name
Organizations
O1 January 22, 2024 Center for Community Action and Environmental Justice (CCAEJ)
O2 January 22, 2024 South Fontana Concerned Citizens Coalition (SFCCC)
Public/Individuals
P1 January 22, 2024 Susan Bowen
Agencies
A1 December 14, 2023 Rob Swanson, Deputy Attorney General
Bureau of Environmental Justice, California Department of Justice
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Comment Letter O1 - CCAEJ
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Response to Comment Letter O1 - CCAEJ
O1.1 This comment is acknowledged. The commenter provides general introductory and background
information as well as a summary of the Project, and general description of the existing nearby
sensitive receptors. Furthermore, the commenter makes a general statement regarding Project
impacts associated with GHG emissions on children attending Kaiser High School.
Refer to Draft SEIR Section 4.7 Greenhouse Gas Emissions (GHG) for analysis of impacts associated
with GHG emissions and Section 4.2 Air Quality for the discussion on the Health Risk Assessment
(HRA) prepared for the Project. The Project has taken steps to minimize impacts to nearby
sensitive receptors including orienting the Project building’s loading docks (the primary location
of truck activity) inward and away from nearby sensitive receptors and by providing a 14-foot
screen wall around the truck courts; landscaping approximately 25 percent of the Project site,
exceeding the 15 percent minimum required by the City by ten percent; including an
approximately 30-foot-wide perimeter enhanced landscape buffer surrounding the Project site;
and orienting all truck access to the far east side of the Project site from Redwood Drive, away
from the high school.
The Project would also implement Mitigation Measures (MM) GHG-1 through GHG-4. Mitigation
Measure GHG-1 requires a Transportation Demand Management (TDM) program to reduce
single-occupant vehicle trips and encourage public transit. Mitigation Measure GHG-2 requires
the installation of photovoltaic solar panels to offset 100 percent of the Project’s energy
emissions. Mitigation Measure GHG-3 requires the Project to divert 75 percent of waste from
landfills. Mitigation Measure GHG-4 requires landscape equipment to be 100 percent electric. The
Project would also be required to comply with Laws, Ordinances, and Regulations (LOR) GHG-1
through GHG-8 which would be required by local, State, or federal regulations or laws.
Additionally, a, HRA was prepared for the Project in accordance with the SCAQMD Guidance:
Health Risk Assessment Guidance for Analyzing Cancer Risks from Mobile Source Diesel Idling
Emissions for CEQA Air Quality Analysis (August 2003). Air quality impacts related to the Project
are within the limit of impacts identified in the SWIP EIR. No new impacts or a substantial increase
in the severity of a previously identified significant impact evaluated in the SWIP EIR would occur.
The Project would not be subject to MM 4.2-2l as the HRA determined that the Project would not
result in increased cancer risks to sensitive receptors or result in chronic non-carcinogenic health
impacts and does not exceed SCAQMD air quality significance thresholds.
Also, be advised that MM GHG-2 has been revised as part of the Final SEIR Errata (Section 3.0) as
follows:
MM GHG-2 As part of the permit for tenant improvements, the Project shall install solar
photovoltaic (PV) panels or other source of renewable energy generation on-site,
or otherwise acquire energy from the local utility that has been generated by
renewable sources, that would provide 100 percent of the expected total power
needed to operate all non-refrigerated portions of the facility including the
parking areas building load. On-site solar PV or other clean energy systems shall
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be installed prior to issuance of a business license within two years of
commencing operations. Each building shall include an electrical system and
other infrastructure sufficiently sized to accommodate the PV arrays. The
electrical system and infrastructure must be clearly labeled with noticeable and
permanent signage. This mitigation measure applies only to tenant permits and
not the building shell approvals.
The changes associated with the revisions to MM GHG-2 work to further reduce impacts
associated with GHG emissions. In addition, this project complies with the City’s Industrial
Commerce Center Sustainability Standards Ordinance which has a suite of requirements to reduce
GHG emissions, including the requirement that all on-site motorized operational equipment shall
be zero emission (refer to Attachment A).
O1.2 The commenter states that the Project’s transportation infrastructure would not meet the City’s
Active Transportation Plan due to the lack of infrastructure installation along Jurupa Avenue. As
discussed in Draft SEIR Section 4.13: Transportation, the City’s Active Transportation Plan
designates Cherry Avenue as an existing Class II Bike Lane from Jurupa Avenue trending north up
to Valley Boulevard and identifies Jurupa Avenue as a planned Class II Bike Lane fronting the
Project site. The Project is required to install public improvements consistent with the City’s
standards and street improvement plans would be submitted for review and approval by the City
prior to construction. Therefore, the Project would be consistent with the City’s Active
Transportation Plan and other City standards.
O1.3 This comment is acknowledged. The commenter is requesting that the above items be addressed
prior to final approval of the Project. The comment does not provide any specific comments on
the adequacy of the Draft SEIR; therefore, pursuant to State CEQA Guidelines Section 15088(a), a
lead agency is only required to evaluate and respond to comments raised on environmental
issues, and thus no further response is necessary.
O1.4 This comment is acknowledged. Figure/graphic provided for reference. Furthermore, the
referenced document states that “In support of Caltrans strategic goals to increase biking and
walking, Sustainability, Design, Planning, and Traffic Operations have collaborated on a
contextual guidance chart to aid Caltrans in the selection of bicycle facilities based on roadway
characteristics such as place-type, speed and volume.” Project area roadways (Cherry Avenue,
Jurupa Avenue, and Redwood Avenue) are City roadways and not subject to Caltrans guidance.
Additionally, see comment response O1.2 above.
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Comment Letter O2 - SFCCC
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Response to Comment Letter O2 – SFCCC
O2.1 The comment provides introductory comments which are noted for the record.
O2.2 This comment is acknowledged. The General Plan land use designation for the Project site is Light
Industrial (I-L) and the Project site is zoned Southwest Industrial Park (SWIP). The Project is located
in the Jurupa North Research and Development District (JND) of the SWIP. The commenter
suggests a mix-use with some commercial aspects to it. Limited retail/service uses are permitted
within the JND, some of which require a Conditional Use Permit or Minor Use Permit including
service stations, car washes, truck stops, and alcohol sales; therefore creating new land use and
planning impacts when compared to the Project. Other uses, such as residential dwelling units,
are not allowed. Depending on the mix of commercial uses, impacts associated with mixed uses
would be potentially higher than the Project, including traffic (generally retail commercial uses
have a higher trip rate per square foot in comparison to industrial uses), noise (associated with
gas stations, car washes, and truck yards), hazards (gas hauling, etc.), and air quality. Furthermore,
as these developments are traditionally located on smaller properties/parcels (5-15 acres) relative
to the Project site (approximately 30 acres), a mixed use development on a larger project site may
not be feasible. Additionally, a commercial mixed-use development would not be consistent with
any of the Project’s objectives, as listed in Section 3.9 of Draft SEIR Section 3.0: Project
Description.
O2.3 The commenter makes general statements that the Draft SEIR does not appropriately mitigate
the impacts of the Project and that a Mitigated Negative Declaration should be prepared for the
Project.
CEQA Guidelines Section 15362 defines an Environmental Impact Report as follows:
“EIR” or “Environmental Impact Report“ means a detailed statement
prepared under CEQA describing and analyzing the significant environmental
effects of a project and discussing ways to mitigate or avoid the effects. The
contents of an EIR are discussed in Article 9, commencing with Section 15120 of
these Guidelines. The term “EIR” may mean either a draft or a final EIR depending
on the context.
CEQA Guidelines Section 15369.5 defines a Mitigation Negative Declaration as follows:
“Mitigated negative declaration“ means a negative declaration prepared
for a project when the initial study has identified potentially significant effects on
the environment, but (1) revisions in the project plans or proposals made by, or
agreed to by, the applicant before the proposed negative declaration and initial
study are released for public review would avoid the effects or mitigate the effects
to a point where clearly no significant effect on the environment would occur, and
(2) there is no substantial evidence in light of the whole record before the public
agency that the project, as revised, may have a significant effect on the
environment.
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The City determined an EIR was the appropriate CEQA document to analyze the Project, as it
would more completely and robustly describe and analyze the potential significant environmental
effects associated with the Project. To reiterate, per the definition above, an MND is used when
“there is no substantial evidence in light of the whole record before the public agency that the
project, as revised, may have a significant effect on the environment.” An EIR is the most
comprehensive analysis that can be undertaken pursuant to CEQA.
O2.4 The commenter makes a general statement of the Draft SEIR Sections. Refer to Draft SEIR
Sections 4.1 through 4.16 and Section 7.0 for impact analyses and results/findings associated with
the resources as listed in CEQA Statues and Guidelines Appendix G: Environmental Checklist Form.
The comment does not provide any specific comments on the adequacy of the Draft SEIR;
therefore, pursuant to State CEQA Guidelines Section 15088(a), a lead agency is only required to
evaluate and respond to comments raised on environmental issues, and thus no further response
is necessary.
O2.5 This comment is acknowledged. This comment incorrectly asserts that because an end user is
unknown, the Draft SEIR fails to include an analysis of Project impacts and of diesel trucks leaving
the Project site. As detailed in the Draft SEIR, impact analyses for each resource topic are analyzed
for both the short-term construction phase and for long-term operations, including diesel trucks
entering and exiting the Project site during Project long-term operations which considers the
maximum uses permitted within the SWIP. Refer to Draft SEIR Section 4.2: Air Quality and
Section 4.7: Greenhouse Gas Emissions for long-term operational emissions analyses. Therefore,
the ultimate identity of the Project’s end user would not change this analysis or result in additional
or more severe environmental impacts.
O2.6 This comment incorrectly asserts that because an end user is unknown, the Draft SEIR fails to
include an analysis of Project impacts to noise. See comment O2.5 above. As discussed in Draft
SEIR Section 4.11: Noise, the analysis considered both the short-term construction impacts and
the long-term operations of the Project. The Draft SEIR analyzed truck loading and unloading,
backup safety alarms, parking noise, ground-borne vibration, and vehicular traffic-induced
ground-borne vibration. According to the FTA’s Transit Noise and Vibration Impact Assessment,
trucks rarely create vibration levels that exceed 70 VdB (equivalent to 0.012 inches per second
PPV) when they are on roadways. The Project must comply with SWIP EIR Mitigation Measures
4.7-1a and 4.7-1b to further reduce any noise related impacts.
Furthermore, as identified in Section 3.0 Project Description, the Project would be designed in
such a way that truck parking stalls and loading docks would be located inward, toward the center
of the site and screened from the residential development located south of Jurupa Avenue
(approximately 380 feet) and the Henry J. Kaiser High School (approximately 550 feet) located
west of Cherry Avenue. The Project would provide 14-foot screening walls around the truck courts
to further screen the view of any dock doors and truck activity. All truck traffic would use a private
drive aisle that would have access to Redwood Avenue with no truck traffic having direct access
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to Cherry Avenue or Jurupa Avenue from the Project site. Therefore, noise related impacts
associated with the Project site or along surrounding roadways would not exceed FTA thresholds.
O2.7 The commenter identifies public safety and traffic control to the school and around the Project
site as a topic of discussion and identifies both Cherry Avenue and Jurupa Avenue as truck routes
in the General Plan. As discussed in Draft SEIR Section 4.13: Transportation, Driveway No. 5 would
be a 46-foot-wide (full access) driveway located in the northeast corner of the site along Redwood
Avenue that would be used for automobiles and the Project site’s singular truck access point.
Therefore, there will be only one pedestrian/truck conflict point, which will be located on
Redwood Avenue. Truck access to the three driveways along Cherry and Jurupa Avenue’s would
be prohibited; thereby eliminating pedestrian/truck conflict points along these roadways which
are presumed to the routes frequented by students walking/biking to/from the high school. All
existing residential development is south of the Project site and residences would be directly
accessed via interior neighborhood streets.
As noted by the commenter, both Cherry Avenue and Jurupa Avenue are designated truck routes.
The Traffic Impact Analysis analyzed the impacts of traffic for the Project. The truck circulation
patterns have been designed to route trucks away from sensitive receptors, such as Kaiser High
School, and in conformance with City Truck Route designation. Notably, pursuant to the City’s
Industrial Commerce Center Sustainability Standards Ordinance, “[p]rior to issuance of certificate
of occupancy facility operators shall establish and submit for approval to the Planning Director a
Truck Routing Plan to and from the State Highway System based on the City’s latest Truck Route
Map. The plan shall describe the operational characteristics of the use of the facility operator,
including, but not limited to, hours of operations, types of items to be stored within the building,
and proposed truck routing to and from the facility to designated truck routes that avoids passing
sensitive receptors, to the greatest extent possible. The plan shall include measures, such as
signage and pavement markings, queuing analysis and enforcement, for preventing truck
queuing, circling, stopping, and parking on public streets. Facility operator shall be responsible for
enforcement of the plan. A revised plan shall be submitted to by the Planning Director prior to a
business license being issued by the City for any new tenant of the property. The Planning Director
shall have discretion to determine if changes to the plan are necessary including any additional
measures to alleviate truck routing and parking issues that may arise during the life of the facility.”
The Project would enhance and improve pedestrian infrastructure, as well as public transit
facilities and existing roadways to facilitate vehicle and truck movement to and from the site.
Moreover, the Draft SEIR concluded that the Project would not result in a significant impact due
to a hazardous design feature such as a dangerous intersection. See Draft SEIR pages 4.13-22 and
4.13-23.
Also note that Standard Condition (SC) TRANS-1 is included with the Project which will improve
pedestrian safety. SC TRANS-1 is as follows:
SC TRANS 1: Cherry Avenue and Jurupa Avenue: Add a westbound through lane and add
overlap phasing to the southbound right-turn lane. A project fair share calculation
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2.0-12
for this intersection included in Table J of the TIA. As shown in Table J of the TIA,
the Project’s fair share contribution to these improvements is 9.26 percent. Based
on discussion with City staff, instead of paying a fair share towards this
improvement, the Project will be conditioned to refresh/replace the crosswalk
striping, update the ped-push buttons to current ADA/PROWAG standard, and
add right-turn restriction indication for the Westbound and Southbound
movements to restrict right-turns when ped-crossing is activated (either via a
signal head modification or through blank-out signs). While this will not reduce
vehicular delay, this will improve pedestrian safety and the perception of safety
by pedestrians and children walking to school.
O2.8 This comment is acknowledged. The commenter provides general opposition of the project. No
further response is required. The comment is noted and forwarded the decision makers for their
consideration.
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City of Fontana February 2024
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Comment Letter P1 – Susan Bowen
Cherry Commerce Center Project
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City of Fontana February 2024
2.0-14
Response to Comment Letter P1 – Susan Bowen
P1.1 The comment provides introductory comments which are noted for the record. The commenter
makes a general statement on the health risks to the residents of Southridge. Project-related
health risks were evaluated in a Health Risk Assessment (HRA) prepared for the Project.
See Response to Comments O1.1 and P1.2.
P1.2 The commenter provides a general summary of diesel fumes and impacts of industrial
development in the area as it relates to health impacts to children and elderly. Project-related
health risks were evaluated in a Health Risk Assessment, see Draft SEIR Appendix B for a detailed
description of the Health Risk Assessment (HRA) methodology, including modeling information.
This HRA analyzed carcinogenic risks related to Project-generated emissions of diesel particulate
matter (DPM) and the non-carcinogenic risks related to all Project-generated toxic air
contaminant (TAC) emissions. The HRA evaluated pollutant concentrations at the closest sensitive
receptors to the project site, which included residences and Kaiser High School.
The HRA found that combined construction and operations would result in a maximum cancer
risk of 0.91 in one million at residential uses to the south and 1.02 in one million at Kaiser High
School to the west, which would not exceed the SCAQMD threshold of 10 in one million; refer to
Table 4.12-13 of Draft SEIR Section 4.2: Air Quality. Therefore, impacts associated with
carcinogenic risk would be less than significant.
P1.3 This comment is acknowledged. See Responses to Comments O1.1, O1.2 and P1.2 above. Also
refer to Draft SEIR Section 6.0: Alternatives, which addresses other alternatives considered for
the Project site including the No Project/No Build Alternative, Reduced Build Alternative, Single
Building/Cross Dock Alternative, and an Alternative Site Alternative.
Cherry Commerce Center Project
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City of Fontana February 2024
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Comment Letter A1 – Rob Swanson, Deputy Attorney General
Cherry Commerce Center Project
Final Subsequent Environmental Impact Report Section 2 – Comments and Responses to the Draft SEIR
City of Fontana February 2024
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Cherry Commerce Center Project
Final Subsequent Environmental Impact Report Section 2 – Comments and Responses to the Draft SEIR
City of Fontana February 2024
2.0-17
Response to Comment Letter A1 – Rob Swanson, Deputy Attorney General
A1.1 The commenter provides general project information and expresses interest in the Project.
A1.2 The commenter makes a general statement on the Air Quality analysis and Appendix B, and makes
a statement regarding the Project’s ability to meet the City development code. The commenter
further outlines three points as examples. The Draft SEIR Air Quality Section (Section 4.2) includes
numerous construction and operational Laws, Ordinances, and Regulations (LOR), Project Design
Features (PDF), and mitigation measures (MMs) to reduce emissions including project specific
mitigation and mitigation measures from the SWIP EIR in conformance with SCAQMD rules, the
City of Fontana Industrial Commerce Center Sustainability Standards Ordinance, and the SWIP.
While the City of Fontana maintains standard conditions of approval per Section 9-70, for Projects
within their jurisdiction, and the SWIP EIR provides Specific Plan level mitigation measures, Project
specific mitigation measures (MM) were included when appropriate. The Project would be
compliant with SCAQMD’s volatile organic compound (VOC) rating of “super-compliant” products
with VOC emissions of less than 10 g/L and the text in Draft SEIR Section 4.2: Air Quality and
Appendix B: Fontana Ordinance 1891 has been revised as part of the Final SEIR Section 3.0: Errata
and Final SEIR Attachment A as follows:
Section 3.0: Errata
“Applicable Mitigation Measures from the SWIP Specific Plan Environmental Impact Report:
MM 4.2-1c All paints and coatings shall meet or exceed performance standards noted in
SCAQMD Rule 1113. [GPEIR MM AQ-11] This mitigation measure does not apply.
The Fontana Industrial Commerce Center Sustainability Standards requires
SCAQMD Super-Compliant low VOC paints with a volatile organic compound
rating of 10 grams per liter or less. “
Attachment A: Appendix B: Consistency with the Fontana Industrial Commerce Center
Sustainability Standards of Draft EIR Appendix B – Air Quality Assessment.
(3) Use of super-compliant VOC
architectural and industrial
maintenance coatings (e.g.,
paints) shall be required.
The Applicant will comply with this requirement and
Pursuant to SCAQMD Rule 1113, the Applicant will
require that interior and exterior architectural coating
products used would have a volatile organic
compound rating of 10 50 grams per liter or less.
A1.3 The commenters makes a statement regarding the use of electric-powered hand tools and
equipment in compliance with Section 9-74(5). The Draft SEIR, LOR AQ-7, requires that the Project
shall be designed in accordance with the development standards of the City of Fontana Industrial
Commerce Center Sustainability Standards Ordinance. This includes Alternative Energy (Section
9-73) and Operation and Construction (Sec. 9-74) that the Project shall provide the highest rated
CARB Tier technology for construction equipment, and use of electric-powered hand tools and
forklifts, such as saws, drills, and compressors. However, it would not be feasible to require the
Project Applicant to use more electric construction equipment than stated in the Draft SEIR
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City of Fontana February 2024
2.0-18
because such equipment suitable for project construction are not now nor are they expected to
be commercially available to meet the construction needs of the Project within the Project
schedule. For the reasons discussed above, it would be infeasible to require additional electric
equipment during construction of the proposed Project because such equipment would not be
commercially available in sizes capable of the work needed for Project construction. Therefore,
all feasible Project Design Features and mitigation measures have been identified in the Draft
SEIR.
Appendix B: Consistency with the Fontana Industrial Commerce Center Sustainability Standards,
has been updated and included as Attachment A: Revision to Fontana Municipal Code, ARTICLE V.
– Industrial Commerce Centers Sustainability Standards (Air Quality Assessment, Appendix B:
Consistency with the Fontana Industrial Commerce Center Sustainability Standards), as part of the
Final SEIR. The additional language specifically states:
“The Project will comply with the requirement of Section 9-74 by utilizing The use of electric-
powered hand tools, forklifts, and pressure washers, designate an area in the construction site
where electric-powered construction vehicles and equipment can charge, identify in site plans the
location for future electric truck charging stations and installation of a conduit to that location,
and prohibit the use of diesel-powered generators during construction (except in case of
emergency or to establish temporary power during construction). construction equipment and/or
vehicles would be dependent on the availability of on-site electrical supply.”
A1.4 The commenters makes a statement regarding the use of solar panels for the project in
compliance with Section 9-73(4). The Project would be designed and operated in accordance with
the City of Fontana Industrial Commerce Center Sustainability Standards Ordinance. The intent of
Mitigation Measure GHG-2 is to require that the Project utilize renewable energy to provide at
least 100 percent of Project demand, including parking areas, as demonstrated in the CalEEMod
output files (included in Appendix G of the Draft SEIR). The language of Mitigation Measure
MM GHG-2 has been revised to clarify and require that renewable energy sources are required to
operate all non-refrigerated portions of the Project.
Revised GHG mitigation measure MM GHG-2, below and in Section 3.0: Errata:
MM GHG-2 As part of the permit for tenant improvements, the project shall install solar
photovoltaic (PV) panels or other source of renewable energy generation on-site,
or otherwise acquire energy from the local utility that has been generated by
renewable sources, that would provide 100 percent of the expected total power
needed to operate all non-refrigerated portions of the facility including the
parking areas building load. On-site solar PV or other clean energy systems shall
be installed prior to issuance of a business license within two years of
commencing operations. Each building shall include an electrical system and
other infrastructure sufficiently sized to accommodate the PV arrays. The
electrical system and infrastructure must be clearly labeled with noticeable and
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City of Fontana February 2024
2.0-19
permanent signage. This mitigation measure applies only to tenant permits and
not the building shell approvals.
A1.5 The commenter makes a statement regarding the City’s procedures and specifically ensuring the
Project’s compliance with the City development standards. Neither a General Plan Amendment
nor a Zone Change is required to allow or authorize the development of the Project or the uses
permitted. The Project proposed to redevelop an existing heavy equipment yard with two modern
high-cube logistics buildings (warehouses). The Project complies with the large majority of City’s
General Plan goals and policies established for these land use types as well as the SWIP policy
objectives. The Project’s consistency with City policies is outlined in Draft SEIR Table 4.10-2:
Consistency with the SWIP Policy Objectives and Table 4.10-4:Consistency with the City of Fontana
General Plan.
The Project SEIR has been prepared to evaluate impacts associated with the Project. In addition,
the Draft SEIR Air Quality Section (Section 4.2) and GHG Section (Section 4.7) includes LORs, MMs,
and PDFs requiring compliance with the Citys Development Code, provisions of the Building Code,
SCAQMD Rules and all applicable standards of the Fontana Industrial Commerce Center
Sustainability Standards Ordinance. All proposed projects, site plans, final infrastructure
engineering plans, landscaping plans, and building plans are reviewed by an experienced
professional City staff to ensure compliance with all applicable State, Federal, and regional
requirements, as well as project specific Mitigation Measures, Specific Plan and General Plan
requirements, and the City of Fontana Municipal Code prior to approval of entitlements, plan
check, or permits.
3.0
Errata
Cherry Commerce Center Project
Final Subsequent Environmental Impact Report Section 3 – Errata to the Draft SEIR
City of Fontana February 2024
3.0-1
Section 3.0 | Errata to the Draft SEIR
3.1 INTRODUCTION TO THE ERRATA
The Draft SEIR for the Cherry Commerce Center Project dated December 2023, is hereby incorporated by
reference as part of the Final SEIR. Changes to the Draft SEIR are further detailed below.
The changes to the Draft SEIR do not affect the overall conclusions of the environmental document, and
instead represent changes to the Draft SEIR that provide clarification, amplification and/or insignificant
modifications, as needed as a result of public comments on the Draft SEIR, or due to additional
information received during the public review period. These clarifications and corrections do not warrant
Draft SEIR recirculation pursuant to CEQA Guidelines Section 15088.5.
None of the changes or information provided in the comments reflect a new significant environmental
impact, a substantial increase in the severity of an environmental impact for which mitigation is not
proposed, or a new feasible alternative or mitigation measure that would clearly lessen significant
environmental impacts but is not adopted. In addition, the changes do not reflect a fundamentally flawed
or conclusory Draft SEIR.
Changes to the Draft SEIR are listed by Section, page, paragraph, etc. to best guide the reader to the
revision. Changes are identified as follows:
• Deletions are indicated by strikeout text.
• Additions are indicated by underline text.
3.2 CHANGES TO THE DRAFT SEIR
Section 1.0: Executive Summary
Table 1-1: Summary of Significant Impacts and Proposed Mitigation Measures
Section 4.2, Air Quality
Impact 4.2-1
Would the Project
conflict with or obstruct
implementation of the
applicable air quality
plan?
Less than
Significant with
Mitigation
Incorporated
Applicable Mitigation Measures from the SWIP Specific Plan Environmental
Impact Report
MM 4.2-1a 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 verification. [GPEIR MM AQ-9]
MM 4.2-1b 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. [GPEIR MM AQ-10]
MM 4.2-1c All paints and coatings shall meet or exceed performance
standards noted in SCAQMD Rule 1113. [GPEIR MM AQ-11] This mitigation
measure does not apply. The Fontana Industrial Commerce Center
Sustainability Standards requires SCAQMD Super-Compliant low VOC paints
with a volatile organic compound rating of 10 grams per liter or less.
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City of Fontana February 2024
3.0-2
MM 4.2-1d 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) spray. 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., deluxe professional exterior primer 100 percent
acrylic). Topcoats can be less than 0.07 pounds per gallon (8 grams per liter)
(e.g., lifemaster 2000-series). This latter measure 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. [GPEIR MM AQ-12]
MM 4.2-1e All asphalt shall meet or exceed performance standards
noted in SCAQMD Rule 1108. [GPEIR MM AQ-13]
MM 4.2-1f 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: [GPEIR MM AQ-14]
▪ 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.
▪ Shut off engines when not in use.
MM 4.2-2c All industrial and commercial facilities shall post signs
requiring that trucks shall not be left idling for prolonged periods pursuant to
Title 13 of the California Code of Regulations, Section 2485, which limits idle
times to not more than five minutes [GPEIR MM AQ‐15].
MM 4.2-2d The City shall require that both industrial and commercial
uses designate preferential parking for vanpools. [GPEIR MM AQ-16]
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MM 4.2-2e The proposed commercial and industrial areas shall
incorporate food service. [GPEIR MM AQ-17]
MM 4.2-2f All industrial and commercial site tenants with 50 or more
employees shall be required to post both bus and MetroLink schedules in
conspicuous areas. [GPEIR MM AQ-18]
MM 4.2-2g All industrial and commercial site tenants with 50 or more
employees shall be requested to configure their operating schedules around
the MetroLink schedule to the extent reasonably feasible. [GPEIR MM AQ-19]
MM 4.2-2j All residential, commercial, and industrial structures shall
be required to incorporate light colored roofing materials. [GPEIR MM AQ-22]
Section 4.3, Biological Resources
Impact 4.3-2
Would the Project have a
substantial adverse
effect on any riparian
habitat or other sensitive
natural community
identified in local or
regional plans, policies,
regulations or by the
California Department of
Fish and Wildlife or U.S.
Fish and Wildlife Service?
Less than
Significant
Impact with
Mitigation
Incorporated
Applicable Mitigation Measures from the SWIP Specific Plan Environmental
Impact Report
Refer to Mitigation Measures 4.3-1a 4.3-1d to 4.3-1f and 4.3-1h.
Section 2.0: Introduction and Purpose
Page 2-4, Public Scoping Meeting, 2nd paragraph
No oral comments were received during the Scoping Meeting. A total of three four (3 4) comment letters
were received in response to the NOP within the review period.
Section 3.0: Project Description
Page 3-3, Project Overview, 2nd full paragraph
The Project entitlements include a Design Review, a Tentative Parcel Map, and a Sign Permit.
Page 3-5, Proposed Project, Building Design, 1st paragraph
The proposed modern high-cube logistics Buildings No. 1 and No. 2 (warehouses) would be designed in
such a way that truck parking stalls and loading docks would be located inward, toward the center of the
site and screened from the residential development located south of Jurupa Avenue (approximately
380 feet) and the Henry J. Kaiser High School (approximately 550 feet) located west of Cherry Avenue.
The Project would provide 14-foot screening walls around the truck courts to further screen the view of
any dock doors and truck activity. All truck traffic would use a private street drive aisle that would have
access to Redwood Avenue with no truck traffic having direct access to Cherry Avenue or Jurupa Avenue
from the Project site. The truck circulation patterns have been designed to circulate away from sensitive
receptors and in conformance with City Truck Route designation. All other driveways would be auto
driveways only. Buildings No. 1 and No. 2 face each other and shield the site from public views into most
of the truck court and parking areas.
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City of Fontana February 2024
3.0-4
Page 3-6, Project Circulation and Parking, final bullet
• Driveway No. 5 is a 46-foot-wide (full access) driveway located in the northeast corner of the site
along Redwood Avenue that will be used for automobile and truck access. Driveway No. 5 would
be designated as a private street drive aisle.
Page 3-10, Table 3-2: Agency Approvals for the Project
Agency Approval/Permit
California Department of Fish and Wildlife (CDFW) ▪ No impacts have been identified.
City of Fontana ▪ Final EIR Certification
▪ Design Review
▪ Tentative Parcel Map
▪ Sign Permit
▪ Building Plans/Permits
▪ Grading Plans/Permits
▪ Certificates of Occupancy
▪ Infrastructure Plans/Permits
▪ Landscape Plan
▪ Drainage Plan
▪ Water and Sewer Plan
▪ Site Development Plan
▪ Water Quality Management Plan
▪ Tree Removal Permit
Regional Water Quality Control Board (RWQCB) ▪ National Pollutant Discharge Elimination System Permit
▪ Approval of a Water Quality Certification under
Section 401 of the Clean Water Act (if necessary)
South Coast Air Quality Management District ▪ Dust Control Plan, and other permits as necessary
United States Army Corps of Engineers (USACE) ▪ No impacts have been identified.
Section 4.2: Air Quality
Page 4.2-21, MM 4.2-1c
MM 4.2-1c All paints and coatings shall meet or exceed performance standards noted in SCAQMD
Rule 1113. [GPEIR MM AQ-11] This mitigation measure does not apply. The Fontana
Industrial Commerce Center Sustainability Standards requires SCAQMD Super-Compliant
low VOC paints with a volatile organic compound rating of 10 grams per liter or less.
Draft EIR Appendix B – Air Quality Assessment
For revisions to Appendix B: Consistency with the Fontana Industrial Commerce Center Sustainability
Standards of Draft EIR Appendix B – Air Quality Assessment, please see Attachment A of this Final SEIR.
Section 4.7: Greenhouse Gas Emissions
Page 4.7-27, MM GHG-2
MM GHG-2 As part of the permit for tenant improvements, the Project shall install solar photovoltaic
(PV) panels or other source of renewable energy generation on-site, or otherwise acquire
energy from the local utility that has been generated by renewable sources, that would
provide 100 percent of the expected total power needed to operate all non-refrigerated
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City of Fontana February 2024
3.0-5
portions of the facility including the parking areas building load. On-site solar PV or other
clean energy systems shall be installed prior to issuance of a business license within two
years of commencing operations. Each building shall include an electrical system and
other infrastructure sufficiently sized to accommodate the PV arrays. The electrical
system and infrastructure must be clearly labeled with noticeable and permanent
signage. This mitigation measure applies only to tenant permits and not the building shell
approvals.
Section 4.13: Transportation
Page 4.13-21, Project Construction and Operations, final bullet
• Driveway No. 5 is a 46-foot-wide (full access) driveway located in the northeast corner of the site
along Redwood Avenue that will be used for automobile and truck access. Driveway No. 5 would
be designated as a private street drive aisle.
Section 4.16: Wildfire
Page 4.16-15
4.16.7 Significant Unavoidable Impacts
No significant or unavoidable impacts were identified.
4.16.78 References
Section 6.0: Alternatives
Page 6-2
The lead agency is responsible for selecting this range of project alternatives for examination and must
publicly disclose its reasoning for selecting those alternatives. This section describes four alternatives to
the Project. These alternatives include the No Project/No Build Alternative, Single Building/Cross Dock
Alternative, Reduced Build/Cold Storage Alternative, and the Alternate Site Alternative. The Alternative
Site Alternative was considered but rejected; see Section 6.6 below.
ATTACHMENT A
Fontana Municipal Code, ARTICLE V. – Industrial Commerce Centers Sustainability Standards
1
Attachment A | Revision to Fontana Municipal Code, ARTICLE V. –
Industrial Commerce Centers Sustainability Standards
Sec. 9-70. – Applicability.
This Article is applicable to all Warehouse uses throughout the city, as defined in Section 30-12 of Chapter 30, Article 1, Division 4; and as listed
as a type of “Warehousing Use” in Table No. 30-530 and includes all warehouse uses in Specific Plans. The following sections shall supersede any
existing requirements in the Municipal Code and Specific Plans.
Fontana MC Article V Section 9-70 SCCII Applicable SCs, PDFs, MMs
Sec. 9-71. – Buffering and Screening / Adjacent uses.
(1) For any Warehouse building larger than 50,000 square feet in size, a ten-foot-
wide landscaping buffer shall be required, measured from the property line of
all adjacent sensitive receptors. For any Warehouse building larger than
400,000 square feet in size, a twenty-foot-wide landscaping buffer shall be
required, measured from the property line of all adjacent sensitive receptors.
The buffer area(s) shall include, at a minimum, a solid decorative wall(s) of at
least ten feet in height, natural ground landscaping, and solid screen buffering
trees, as described below, unless there is an existing solid block wall. For any
Warehouse building equal to or less than 50,000 square feet in size, a solid
decorative wall(s) of at least ten feet in height shall be required when
adjacent to any sensitive receptors. Sensitive receptor shall be defined as any
residence including private homes, condominiums, apartments, and living
quarters, schools, preschools, daycare centers, in-home daycares, health
facilities such as hospitals, long term care facilities, retirement and nursing
homes, community centers, places of worship, parks (excluding trails),
prisons, and dormitories.
The project is bounded by industrial uses to the north,
Jurupa Avenue to the south, industrial uses and Redwood
Avenue to the east, and Cherry Avenue to the west.
Although there are no sensitive receptors directly
adjacent to the project site, an approximate 30-foot-wide
perimeter landscaping setback would surround the
project site on all sites, which would exceed the required
10-foot wide landscaping buffer for buildings larger than
50,000 square feet (Building 2) and the required 20-foot
wide landscaping buffer for buildings larger than 400,000
square feet (Building 1). Landscaping would meet the
City’s Zoning and Development Code Section 30-551-
Building Design which specifies landscape design
guidelines for industrial zoning districts.
(2) Trees shall be used as part of the solid screen buffering treatment. Trees used
for this purpose shall be evergreen, drought tolerant, minimum 36-inch box,
and shall be spaced at no greater than 40-feet on center. The property owner
and any successors in interest shall maintain these trees for the duration of
ownership, ensuring any unhealthy or dead trees are replaced timely as
needed.
TBD by architect/project team. This is a site design
measure and not directly applicable to AQ/GHG.
Landscaping would meet the City’s Zoning and
Development Code Section 30-551-Building Design which
specifies landscape design guidelines for industrial zoning
districts.
Fontana Municipal Code, ARTICLE V. – Industrial Commerce Centers Sustainability Standards
2
Fontana MC Article V Section 9-70 SCCII Applicable SCs, PDFs, MMs
(3) All landscaping shall be drought tolerant, and to the extent feasible, species
with low biogenic emissions. Palm trees shall not be utilized.
TBD by architect/project team. This is a site design
measure and not directly applicable to AQ/GHG.
Landscaping would meet the City’s Zoning and
Development Code Section 30-551-Building Design which
specifies landscape design guidelines for industrial zoning
districts.
(4) All landscaping areas shall be properly irrigated for the life of the facility to
allow for plants and trees to maintain growth.
TBD by architect/project team. This is a site design
measure and not directly applicable to AQ/GHG.
Landscaping would meet the City’s Zoning and
Development Code Section 30-551-Building Design which
specifies landscape design guidelines for industrial zoning
districts.
(5) Trees shall be installed in automobile parking areas to provide at least 35%
shade cover of parking areas within fifteen years. Trees shall be planted that
are capable of meeting this requirement.
TBD by architect/project team. This is a site design
measure and not directly applicable to AQ/GHG. Trees
will be planted in automobile parking areas and shade
cover would be provided.
(6) Unless physically impossible, loading docks and truck entries shall be oriented
away from abutting sensitive receptors. To the greatest extent feasible,
loading docks, truck entries, and truck drive aisles shall be located away from
nearby sensitive receptors. In making feasibility decisions, the City must
comply with existing laws and regulations and balance public safety and the
site development’s potential impacts to nearby sensitive receptors.
Therefore, loading docks, truck entries, and drive aisles may be located
nearby sensitive receptors at the discretion of the Planning Director, but any
such site design shall include measures designed to minimize overall impacts
to nearby sensitive receptors.”
There are no sensitive receptors directly abutting the
Project site. However, based on the conceptual site plan,
loading docks and truck access are oriented away from
the Henry J. Kaiser High School to the west of the Project
site and the existing residential properties to the south.
The orientation of the buildings screen the truck courts
from view.
(7) For any Warehouse building larger than 400,000 square feet in size, the
building’s loading docks shall be located a minimum of 300 feet away,
measured from the property line of the sensitive receptor to the nearest dock
door which does not exclusively serve electric trucks using a direct straight-
line method.
The residential receptor is located approximately 380 feet
and the high school is located approximately 550 feet
away from the nearest dock door, exceeding the
minimum requirement of 300 feet. Furthermore, the
orientation of the buildings help to screen the truck
courts from view of both the high school to the west and
the existing residential neighborhood to the south.
Fontana Municipal Code, ARTICLE V. – Industrial Commerce Centers Sustainability Standards
3
Fontana MC Article V Section 9-70 SCCII Applicable SCs, PDFs, MMs
Sec. 9-72. – Signage and Traffic Patterns.
(1) Entry gates into the loading dock/truck court area shall be positioned after a
minimum of 140 feet of total available stacking depth inside the property line.
The stacking distance shall be increased by 70 feet for every 20 loading docks
beyond 50 docks. Queuing, or circling of vehicles, on public streets
immediately pre- or post-entry to an industrial commerce facility is strictly
prohibited unless queuing occurs in a deceleration lane or right turn lane
exclusively serving the facility.
Truck access to the project site would be provided via a
private street drive aisle off of Redwood Avenue. Entry
gates into the loading dock/truck court for Building 1 and
Building 2 would be positioned approximately 550 feet
inside the property line.
(2) Applicants shall submit to the Engineering Department, and obtain approval
of, all turning templates to verify truck turning movements at entrance and
exit driveways and street intersection adjacent to industrial buildings prior to
entitlement approval. Unless not physically possible, truck entries shall be
located on Collector Streets (or streets of a higher commercial classification),
and vehicle entries shall be designed to prevent truck access on streets that
are not Collector Streets (or streets of a higher commercial classification),
including, but not limited to, by limiting the width of vehicle entries.
The Applicant will comply with this requirement and will
submit required materials to the Engineering
Department.
(3) Anti-idling signs indicating a 3-minute diesel truck engine idling restriction
shall be posted at industrial commerce facilities along entrances to the site
and in the dock areas and shall be strictly enforced by the facility operator.
The Applicant will comply with this requirement and will
post a minimum of three anti-idling signs (one at the
truck access point via Redwood Avenue, one within the
dock area for Building 1 and one within the dock area for
Building 2) indicating a 3-minute diesel truck engine idling
restriction at the truck entrance to the site and in the
dock areas.
(4) Prior to issuance of certificate of occupancy facility operators shall establish
and submit for approval to the Planning Director a Truck Routing Plan to and
from the State Highway System based on the City’s latest Truck Route Map.
The plan shall describe the operational characteristics of the use of the facility
operator, including, but not limited to, hours of operations, types of items to
be stored within the building, and proposed truck routing to and from the
facility to designated truck routes that avoids passing sensitive receptors, to
the greatest extent possible. The plan shall include measures, such as signage
and pavement markings, queuing analysis and enforcement, for preventing
truck queuing, circling, stopping, and parking on public streets. Facility
operator shall be responsible for enforcement of the plan. A revised plan shall
The Applicant will comply with this requirement and will
establish and submit to the Planning Director a Truck
Routing Plan to and from the State Highway System
based on the City’s latest Truck Route Map. Truck access
to the project site would be provided via a private street
drive aisle off of Redwood Avenue and would not be
provided along Cherry Avenue or Jurupa Avenue.
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Fontana MC Article V Section 9-70 SCCII Applicable SCs, PDFs, MMs
be submitted to by the Planning Director prior to a business license being
issued by the City for any new tenant of the property. The Planning Director
shall have discretion to determine if changes to the plan are necessary
including any additional measures to alleviate truck routing and parking issues
that may arise during the life of the facility.
(5) Signs and drive aisle pavement markings shall clearly identify the on-site
circulation pattern to minimize unnecessary on-site vehicular travel.
The Applicant will comply with this requirement and will
clearly identify the on-site circulation pattern.
(6) Facility operators shall post signs in prominent locations inside and outside of
the building indicating that off-site parking for any employee, truck, or other
operation related vehicle is strictly prohibited. City may require facility
operator to post signs on surface or residential streets indicating that off-site
truck parking is prohibited by City ordinance and/or the Truck Routing Plan.
The Applicant will comply with this requirement and will
post signs as required.
(7) Signs shall be installed at all truck exit driveways directing truck drivers to the
truck route as indicated in the Truck Routing Plan and State Highway System.
The Applicant will comply with this requirement and will
post signs directing truck drivers to the truck route as
indicated in the Truck Routing Plan and State Highway
System.
(8) Signs shall be installed in public view with contact information for a local
designated representative who works for the facility operator and who is
designated to receive complaints about excessive dust, fumes, or odors, and
truck and parking complaints for the site, as well as contact information for
the SCAQMD’s on-line complaint system and its complaint call-line: 1-800-
288-7664. Any complaints made to the facility operator’s designee shall be
answered within 72 hours of receipt.
The Applicant will comply with this requirement and will
install signs with the required contact information.
(9) All signs under this Section shall be legible, durable, and weather-proof. The Applicant will comply with this requirement and will
ensure that all signs are legible, durable, and weather-
proof.
(10) Prior to issuance of a business license, City shall ensure for any facility with a
building or buildings larger than 400,000 total square feet, that the facility
shall include a truck operator lounge equipped with clean and accessible
amenities such as restrooms, vending machines, television, and air
conditioning.”
The Applicant will comply with this requirement and will
include a truck operator lounge.
Sec. 9-73. – Alternative Energy.
(1) On-site motorized operational equipment shall be ZE (zero emission). The Applicant will comply with this requirement and all
on-site motorized operational equipment would be ZE.
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(2) All building roofs shall be solar-ready, which includes designing and
constructing buildings in a manner that facilitates and optimizes the
installation of a rooftop solar photovoltaic (PV) system at some point after
the building has been constructed.
Mitigation Measure MM GHG-2 requires that PV panels
or other source of renewable energy generation be
installed on site or acquired from the local utility that
would provide at least 100 percent of the expected total
building load.
(3) The office portion of a building’s rooftop that is not covered with solar panels
or other utilities shall be constructed with light colored roofing material with
a solar reflective index (“SRI”) of not less than 78. This material shall be the
minimum solar reflective rating of the roof material for the life of the
building.”
The Applicant will comply with this requirement and will
include light colored roofing materials on portions of the
rooftop not covered with solar panels.
(4) On buildings over 400,000 square feet, prior to issuance of a business license,
the City shall ensure rooftop solar panels are installed and operated in such a
manner that they will supply 100% of the power needed to operate all non-
refrigerated portions of the facility including the parking areas.
Mitigation Measure MM GHG-2 requires that PV panels
or other source of renewable energy generation be
installed on site or acquired from the local utility that
would provide at least 100 percent of the expected total
building load power needed to operate all non-
refrigerated portions of the facility including the parking
areas.
(5) At least 10% of all passenger vehicle parking spaces shall be electric vehicle
(EV) ready, with all necessary conduit and related appurtenances installed. At
least 5% of all passenger vehicle parking spaces shall be equipped with
working Level 2 Quick charge EV charging stations installed and operational,
prior to building occupancy. Signage shall be installed indicating EV charging
stations and specifying that spaces are reserved for clean air/EV vehicles.
Unless superior technology is developed that would replace the EV charging
units, facility operator and any successors in interest shall be responsible for
maintaining the EV charging stations in working order for the life of the
facility.
CalGreen (Title 24, Part 11, Section 5.106.5.3.3) (July 2021
supplement) requires 10% EV spaces for sites with 201
parking spaces or more. The project would include 365
automobile parking stalls and 109 trailer stalls.
(6) Unless the owner of the facility records a covenant on the title of the
underlying property ensuring that the property cannot be used to provide
chilled, cooled, or freezer warehouse space, a conduit shall be installed during
construction of the building shell from the electrical room to 100% of the
loading dock doors that have potential to serve the refrigerated space. When
tenant improvement building permits are issued for any refrigerated
warehouse space, electric plug-in units shall be installed at every dock door
servicing the refrigerated space to allow transport refrigeration units (TRUs)
Project Design Feature (PDF) AQ-1 specifies that no cold
storage is proposed. Should cold storage be considered in
the future, a separate discretionary approval would be
required.
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to plug in. Truck operators with TRUs shall be required to utilize electric plug-
in units when at loading docks.
(7) Bicycle racks are required per Section 30-714 and in the amount required for
warehouse uses by Table 30-714 of the Zoning and Development Code. The
racks shall include locks as well as electric plugs to charge electric bikes. The
racks shall be located as close as possible to employee entrance(s). Nothing
in this section shall preclude the warehouse operator from satisfying this
requirement by utilizing bicycle parking amenities considered to be superior
such as locating bicycle parking facilities indoors or providing bicycle lockers.
Mitigation Measure MM GHG-1 requires the preparation
of a TDM program that would include bicycle racks.
Sec. 9-74. – Operation and Construction.
(1) Cool surface treatments shall be added to all drive aisles and parking areas or
such areas shall be constructed with a solar-reflective cool pavement such as
concrete.
The Applicant will comply with this requirement and will
construct drive aisles and parking areas with solar-
reflective cool pavement such as concrete.
(2) To ensure that warehouse electrical rooms are sufficiently sized to
accommodate the potential need for additional electrical panels, either a
secondary electrical room shall be provided in the building, or the primary
electrical room shall be sized 25% larger than is required to satisfy the service
requirements of the building or the electrical gear shall be installed with the
initial construction with 25% excess demand capacity.
The Applicant will comply with this requirement and will
provide adequate electrical capacity to accommodate
demand.
(3) Use of super-compliant VOC architectural and industrial maintenance
coatings (e.g., paints) shall be required.
The Applicant will comply with this requirement and
Pursuant to SCAQMD Rule 1113, the Applicant will
require that interior and exterior architectural coating
products used would have a volatile organic compound
rating of 10 50 grams per liter or less.
(4) The facility operator shall incorporate a recycling program. Mitigation Measure MM GHG-3 requires
recycling/diverting 75% solid waste.
(5) The following environmentally responsible practices shall be required during
construction:
a. The applicant shall use reasonable best efforts to deploy the highest
rated CARB Tier technology that is available at the time of
construction. Prior to permit issuance, the construction contractor
shall submit an equipment list confirming equipment used is compliant
with the highest CARB Tier at the time of construction. Equipment
proposed for use that does not meet the highest CARB Tier in effect at
the time of construction, shall only be approved for use at the
The Applicant will comply with this requirement by
utilizing the highest rated CARB Tier technology that is
commercially available at the time of construction and
employ environmentally responsible practices.
Determination of commercial availability of Tier 4
equipment would be made by the City of Fontana based
on applicant-provided evidence of the availability or
unavailability of equipment types and/or evidence
obtained by the City of Fontana from expert sources,
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discretion of the Planning Director and shall require proof from the
construction contractor that, despite reasonable best efforts to obtain
the highest CARB Tier equipment, such equipment was unavailable.
b. Use of electric-powered hand tools, forklifts, and pressure washers.
c. Designation of an area in any construction site where electric-powered
construction vehicles and equipment can charge.
d. Identification in site plans of a location for future electric truck
charging stations and installation of a conduit to that location.
e. Diesel-powered generators shall be prohibited except in case of
emergency or to establish temporary power during construction.
such as construction contractors in the region.
The Project will comply with the requirement Section 9-
74 by utilizing The use of electric-powered hand tools,
forklifts, and pressure washers, designate an area in the
construction site where electric-powered construction
vehicles and equipment can charge, identify in site plans
the location for future electric truck charging stations and
installation of a conduit to that location, and prohibit the
use of diesel-powered generators during construction
(except in case of emergency or to establish temporary
power during construction). construction equipment
and/or vehicles would be dependent on the availability of
on-site electrical supply.
(6) A Property Maintenance Program shall be submitted for review and approval
by the Planning Director or his/her designee prior to the issuance of building
permits. The program shall provide for the regular maintenance of building
structures, landscaping, and paved surfaces in good physically condition, and
appearance. The methods and maximum intervals for maintenance of each
component shall be specified in the program.
The Applicant will comply with this requirement and
submit a Property Maintenance Program.
(7) Property owner shall provide facility operator with information on incentive
programs such as the Carl Moyer Program and Voucher Incentive Program
and shall require all facility operators to enroll in the United States
Environmental Protection Agency’s SmartWay Program.
The Applicant will comply with this requirement and
provide the facility operator with information on the Carl
Moyer Program and Voucher Incentive Program.