The URL can be used to link to this page

Home My WebLink AboutAppendix A - NOP and Scoping Meeting Materials APPENDIX A Notice of Preparation and Scoping Meeting Notice City of Fontana Planning Department 8353 Sierra Avenue Fontana, CA 92335 Notice of Preparation 04/03/2023 1 Notice of Preparation of a Draft EIR and Scoping Meeting for the Sierra Distribution Facility Project Date: Monday, April 3, 2023 To: Interested Parties Subject: Notice of Preparation of a Draft Environmental Impact Report and Scoping Meeting Project Title: Sierra Distribution Facility Project The City of Fontana, as lead agency under the California Environmental Quality Act (CEQA), will prepare an Environmental Impact Report (EIR) for the Sierra Distribution Facility Project (Project). In accordance with Section 15082 of the CEQA Guidelines, the City has issued this Notice of Preparation (NOP) to provide responsible agencies, trustee agencies, and other interested parties with information describing the proposed Project and its potential environmental effects. The purpose of this notice is to: 1) Serve as the Notice of Preparation of an Environmental Impact Report for the Office of Planning and Research (OPR), Responsible Agencies, public agencies involved in funding or approving the Project, and Trustee Agencies responsible for natural resources affected by the Project, pursuant to CEQA Guidelines Section 15082; and 2) Advise and solicit comments and suggestions regarding the preparation of the EIR, environmental issues to be addressed in the EIR, and any other related issues, from interested parties, including interested or affected members of the public. Project Location The Project site is located north of State Route (SR) 210 and east of Interstate 15 in the City of Fontana within the San Bernardino County (County). The Project site is located at the northeast corner of the intersection of Sierra Avenue and Clubhouse Drive within the City and is bounded to the north and south by existing warehouse/industrial buildings, to the west by Sierra Avenue and residential development, and to the east by Mango Avenue and a landfill. The Project site is comprised of 18.3 acres. The elevation of the Project area is approximately 1,625 feet above mean sea level. The Project site is comprised of six parcels as identified below: Parcel APN Number 1 1119-241-10 2 1119-241-13 3 1119-241-18 4 1119-241-25 5 1119-241-26 6 1119-241-27 City of Fontana Sierra Distribution Facility Project Notice of Preparation 04/03/2023 2 Project Description The Project includes the development of a 398,514-square foot warehouse building within an approximately 18.3-net acre site, with associated facilities and improvements that include approximately 10,000 square feet of office space, vehicle parking, loading dock doors, trailer parking, onsite landscaping, and related onsite and off- site improvements. The single building for the Project would maintain a typical height of 48 feet with a maximum height allowed of 75 feet. The Project would have a maximum Floor Area Ratio of 50.0 percent. Landscaping would be provided on approximately 19.8 percent (78,795 square feet) of the Project site. The Project would provide 132 parking stalls, 71 trailer stalls, 10 trailer tandem stalls, and 37 tractor trailer stalls. Additionally, a total of 54 dock doors would be provided. The Project is consistent with the City’s General Plan land use designation and the zoning. The Project site’s industrial land use designation is I-L: Light Industrial and the zoning is M-1: Light Industrial. EIR Scope The City of Fontana, the lead agency for the proposed Sierra Distribution Facility Project, is subject to specific environmental review under the California Environmental Quality Act (CEQA) with the development of this Project. CEQA Guidelines Section 15063 provide that if a lead agency determines that an Environmental Impact Report (EIR) will clearly be required for a project, an Initial Study is not required. In this case, the City has already determined that an EIR will need to be prepared based on the Project’s potential to create short-term, long- term, and cumulative impacts associated with the proposed Project. Therefore, an EIR will be prepared to fully evaluate the potential impacts of the proposed Project. The EIR will evaluate all identified issues from the 2023 CEQA Environmental Checklist Form. The following issues are anticipated to be addressed in the EIR: • Aesthetics • Agriculture and Forestry Resources • Air Quality • Biological Resources • Cultural Resources • Energy • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Mineral Resources • Noise • Population and Housing • Public Services • Recreation • Transportation • Tribal Cultural Resources • Utilities and Service Systems • Wildfire Cortese List Notice: Pursuant to Public Resources Code 21092.6(a), the Project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 (California Department of Toxic Substances Control list of various hazardous sites). Responsible Agencies A responsible agency means a public agency other than the lead agency, which has permitting authority or approval power over some aspect of the overall Project. This Notice provides a description of the Project and solicits comments from responsible agencies, trustee agencies, federal, state, and local agencies, and other City of Fontana Sierra Distribution Facility Project Notice of Preparation 04/03/2023 3 interested parties on the scope and content of the environmental document to be prepared to analyze the environmental impacts of the Project. Comments received in response to this Notice will be reviewed and considered by the lead agency in determining the scope of the EIR. Due to time limits, as defined by CEQA, your response should be sent at the earliest possible date, but no later than thirty (30) days after publication of this notice. We need to know the views of your agency as to the scope and content of the environmental information that is germane to you or to your agency’s statutory responsibilities in connection with the Project. Your agency may need to use the EIR prepared by our agency when considering your permit or other approval for the Project. Opportunity for Public Review and Comment This Notice is available for public review on the City’s website at: https://www.fontana.org/2137/Environmental-Documents Comments We would like to hear what you think. Please submit your comments by 5:00 p.m. on May 3, 2023 to: Irene Romero City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Email: iromero@fontana.org Please include the name, phone number, email address, and mailing address of your agency’s contact person in your response. Scoping Meeting The CEQA process encourages environmentally-related comments and questions from the public throughout the planning process. Consistent with Section 21083.9 of the CEQA statute, a Public Scoping Meeting will be held to solicit environmentally-related public comments on the scope and content of the EIR. The meeting will be held on: Date and Time: Wednesday, April 19, 2023 from 6:00 pm -7:00 pm Place: Zoom Virtual Meeting https://kimley- horn.zoom.us/j/98389892636?pwd=OW9BV2tYZEc2azB6bjhWOUpac01Udz09 Dial-In Number +1-669-444-9171, United States Conference ID: 983 8989 2636 Passcode: 469897 Attachments: Exhibit 1 – Regional Vicinity Exhibit 2 – Site Boundary Exhibit 3 – Overall Site Plan Not to scale EXHIBIT 1:Regional Vicinity Sierra Distribution Facility Project, City of Fontana Project Site Source: ESRI, 2022 Not to scale EXHIBIT 2:Site Boundary Sierra Distribution Facility Project, City of Fontana Source: ESRI, 2022 Not to scale EXHIBIT 3:Overall Site Plan Sierra Distribution Facility Project, City of Fontana A Source: HPA Architecture, 2/23/2023 Public Scoping Meeting Sierra Distribution Facility Project Environmental Impact Report April 19, 2023 City of Fontana Planning Department Agenda •Welcome and Introductions •Purpose of Scoping Meeting/CEQA •Project Background •CEQA Process •Process Update City of Fontana Planning Department April 19, 2023 Purpose of a CEQA Scoping Meeting •CEQA = California Environmental Quality Act •Purpose •To receive input from the public and interested agencies on the environmental issues to be addressed in the Environmental Impact Report (EIR). •To provide and overview of the CEQA process City of Fontana Planning Department •This scoping session is NOT intended to discuss the merits of the proposed Project •Merits of the project may be discussed at future public meetings before the Planning Commission and/or City Council. April 19, 2023 Purpose of an EIR •An EIR allows for an in-depth analysis of the potential environmental effects of a proposed project. •Disclose project impacts to public and decision makers •Provides potential alternatives that could reduce or remove significant impacts •Define and analyze alternatives •Foster inter-agency coordination and public review/participation •Public input is built into the process •Notification of EIR/technical studies •Multiple opportunities to review and provide comment on the DEIR •Public meetings •A Final EIR created based on comments received from the Draft EIR City of Fontana Planning Department April 19, 2023 Draft EIR Public Commentary/Review Final EIR Project Location •The six parcel Project site is comprised of 18.3 acres and is located at the northeast corner of the intersection of Sierra Avenue and Clubhouse Drive within the City and is bounded to the north and south by existing warehouse/industrial buildings,to the west by Sierra Avenue and residential development,and to the east by Mango Avenue and a landfill. City of Fontana Planning Department April 19, 2023 Regional Vicinity City of Fontana Planning Department April 19, 2023 Site Map City of Fontana Planning Department April 19, 2023 Project Summary •The Project includes the development of an approximately 398,514- square foot warehouse building within an approximately 18.3-net acre site,with associated facilities and improvements that include approximately 10,000 square feet of office space,vehicle parking,loading dock doors,trailer parking,onsite landscaping,and related onsite and off - site improvements. •The building would maintain a typical height of 48 feet and would have a maximum Floor Area Ratio (FAR) of 50.00%. •The Project is consistent with the City’s General Plan Land Use Designation (Light Industrial (I-L)) and Zoning (Light Industrial (M-1)). City of Fontana Planning Department April 19, 2023 Site Plan City of Fontana Planning Department April 19, 2023 Proposed Project •Development of the proposed Project would require the following approvals: •Design Review •Review of the site plan and architectural design for the proposed new warehouse building •Tentative Parcel Map •Creation of a new parcel for the development of the project City of Fontana Planning Department April 19, 2023 EIR Scope and Process •Project EIR •A Project EIR will be prepared for the proposed Project •EIR which may be prepared for a specific development project. •This type of EIR shall focus primarily on the changes in the environment that would result from the development project. •The EIR shall examine all phases of the project including planning, construction, and operation. City of Fontana Planning Department April 19, 2023 EIR Scope and Process The scope of the Project EIR will address the short-and long-term effects of the Project on the environment,including the impacts of any off-site improvements.It will also evaluate the potential for the Project to cause direct and indirect growth-inducing impacts,as well as cumulative impacts. City of Fontana Planning Department April 19, 2023 EIR Scope and Process •Aesthetics •Agriculture and Forestry •Air Quality •Biological Resources •Cultural Resources •Energy •Geology and Soils •Greenhouse Gas •Hazards and Hazardous Materials •Hydrology and Water Quality •Land Use •Noise •Population and Housing •Public Services •Recreation •Transportation •Tribal Cultural Resources •Wildfire •Mandatory Findings of Significance City of Fontana Planning Department April 19, 2023 All Environmental Factors will be analyzed in the EIR •These environmental factors include: What Does CEQA Require? •Comparison of existing environmental conditions to future conditions withimplementationoftheproposedproject. •Mitigation of Significant Impacts •Alternatives to the Proposed Project •Environmental Impacts:•Indirect and Direct•Short-term (e.g.,construction)•Long-term (e.g.,operations)•Cumulative•Growth-inducing•Unavoidable City of Fontana Planning Department April 19, 2023 EIR Process City of Fontana Planning Department Public and Agency Review of Draft EIR (45 days) Tentatively Summer 2023 April 3, 2023 through May 3, 2023 April 19, 2023 Fall 2023 Issue Notice of Determination April 19, 2023 Public Comment and Opportunities to Comment •You are encouraged to provide comment through the public scoping meeting this evening or in writing in response to the NOP. •Please limit comments to environmental issues to be analyzed in the EIR. •Notice of Preparation (NOP) Comment Period will end on Wednesday, May 3, 2023 at close of business (5:00 PM). City of Fontana Planning Department April 19, 2023 Public Comment and Opportunities to Comment •30-Day Notice of Preparation •Scoping Meeting (this evening) •During the 45-day Draft EIR Public Comment Period •Planning Commission Public Hearing City of Fontana Planning Department April 19, 2023 Public Comment and Opportunities to Comment Please submit written comments (or e-mails) by Wednesday, May 3, 2023 to: Irene Romero, Associate Planner City of Fontana Planning Department 8353 Sierra Avenue Fontana, CA 92335 iromero@fontana.org Comments must include name, address, e-mail, or contact number. City of Fontana Planning Department April 19, 2023 Public Comments City of Fontana Planning Department April 19, 2023 ROB BONTA State of California Attorney General DEPARTMENT OF JUSTICE 1300 I STREET, SUITE 125 P.O. BOX 944255 SACRAMENTO, CA 94244-2550 E-Mail: EJ@doj.ca.gov April 23, 2023 Irene Romero, Associate Planner City of Fontana 8353 Sierra Avenue Fontana, CA 92335 RE: Sierra Distribution Facility Project, SCH #2023030788 Dear Ms. Romero: Thank you for the opportunity to provide comments on the Notice of Preparation for the Sierra Distribution Facility Project. While the logistics industry is an important component of our modern economy, warehouses can bring various environmental impacts to the communities where they are located. For example, diesel trucks visiting warehouses emit nitrogen oxide (NOx)—a primary precursor to smog formation and a significant factor in the development of respiratory problems like asthma, bronchitis, and lung irritation—and diesel particulate matter (a subset of fine particular matter that is smaller than 2.5 micrometers)—a contributor to cancer, heart disease, respiratory illnesses, and premature death.1 Trucks and on-site loading activities can also be loud, bringing disruptive noise levels during 24/7 operation that can cause hearing damage after prolonged exposure.2 The hundreds, and sometimes thousands, of daily truck and passenger car trips that warehouses generate can contribute to traffic jams, deterioration of road surfaces, traffic accidents, and unsafe conditions for pedestrians and bicyclists. Depending on the circumstances of an individual project, warehouses may also have other environmental impacts. To help lead agencies avoid, analyze, and mitigate warehouses’ environmental impacts, the Attorney General Office’s Bureau of Environmental Justice has published a document containing best practices and mitigation measures for warehouse projects. We have attached a copy of this document to this letter, and it is also available online.3 We encourage you to 1 California Air Resources Board, Nitrogen Dioxide & Health, https://ww2.arb.ca.gov/resources/nitrogen-dioxide-and-health (NOx); California Air Resources Board, Summary: Diesel Particular Matter Health Impacts, https://ww2.arb.ca.gov/resources/summary-diesel-particulate-matter-health-impacts; Office of Environmental Health Hazard Assessment and American Lung Association of California, Health Effects of Diesel Exhaust, https://oehha.ca.gov/media/downloads/calenviroscreen/indicators/diesel4-02.pdf (DPM). 2 Noise Sources and Their Effects, https://www.chem.purdue.edu/chemsafety/Training/PPETrain/dblevels.htm (a diesel truck moving 40 miles per hour, 50 feet away, produces 84 decibels of sound). 3 https://oag.ca.gov/system/files/media/warehouse-best-practices.pdf. April 23, 2023 Page 2 consider the information in this document as you prepare the draft environmental impact report for this project. Priority should be placed on avoiding land use conflicts between warehouses and sensitive receptors and on mitigating the impacts of any unavoidable land use conflicts. However, even projects located far from sensitive receptors may contribute to harmful regional air pollution, so you should consider measures to reduce emissions associated with the project to help the State meet its air quality goals. A distant warehouse may also impact sensitive receptors if trucks must pass near sensitive receptors to visit the warehouse. The Bureau will continue to monitor proposed warehouse projects for compliance with the California Environmental Quality Act and other laws. We are available to discuss as you prepare the draft environmental impact report and consider how to guide warehouse development in your jurisdiction. Please do not hesitate to contact the Environmental Justice Bureau at ej@doj.ca.gov if you have any questions. Sincerely, CHRISTIE VOSBURG Supervising Deputy Attorney General For ROB BONTA Attorney General l ROB BONTA State of California Attorney General DEPARTMENT OF JUSTICE Warehouse Projects: Best Practices and Mitigation Measures to Comply with the California Environmental Quality Act Table of Contents I. Background .......................................................................................................................... 1 II. Proactive Planning: General Plans, Local Ordinances, and Good Neighbor Policies ......... 3 III. Community Engagement ..................................................................................................... 4 IV. Warehouse Siting and Design Considerations ..................................................................... 5 V. Air Quality and Greenhouse Gas Emissions Analysis and Mitigation ................................ 7 VI. Noise Impacts Analysis and Mitigation ............................................................................. 10 VII. Traffic Impacts Analysis and Mitigation ........................................................................... 11 VIII. Other Significant Environmental Impacts Analysis and Mitigation .................................. 12 IX. Conclusion ......................................................................................................................... 13 Updated September 2022 1 In carrying out its duty to enforce laws across California, the California Attorney General’s Bureau of Environmental Justice (Bureau)1 regularly reviews proposed warehouse projects for compliance with the California Environmental Quality Act (CEQA) and other laws. When necessary, the Bureau submits comment letters to lead agencies regarding warehouse projects, and in rare cases the Bureau has filed litigation to enforce CEQA.2 This document builds upon the Bureau’s work on warehouse projects, collecting information gained from the Bureau’s review of hundreds of warehouse projects across the state.3 It is meant to help lead agencies pursue CEQA compliance and promote environmentally-just development as they confront warehouse project proposals.4 While CEQA analysis is necessarily project-specific, this document provides information on feasible best practices and mitigation measures, nearly all of which have been adapted from actual warehouse projects in California. I. Background In recent years, the proliferation of e-commerce and rising consumer expectations of rapid shipping have contributed to a boom in warehouse development.5 California, with its ports, population centers, and transportation network, has found itself at the center of this trend. In 2020, the Ports of Los Angeles, Long Beach, and Oakland collectively accounted for over 34% of all United States international container trade.6 The Ports of Los Angeles and Long Beach alone generate about 35,000 container truck trips every day.7 Accordingly, the South Coast Air Basin now contains approximately 3,000 warehouses of over 100,000 square feet each, with a total warehouse capacity of approximately 700 million square feet, an increase of 20 percent over the last five years.8 This trend has only accelerated, with e-commerce growing to 1 https://oag.ca.gov/environment/justice. 2 https://oag.ca.gov/environment/ceqa; People of the State of California v. City of Fontana (Super. Ct. San Bernardino County, No. CIVSB2121829); South Central Neighbors United et al. v. City of Fresno et al. (Super. Ct. Fresno County, No. 18CECG00690). 3 This September 2022 version revises and replaces the prior March 2021 version of this document. 4 Anyone reviewing this document to determine CEQA compliance responsibilities should consult their own attorney for legal advice. 5 As used in this document, “warehouse” or “logistics facility” is defined as a facility consisting of one or more buildings that stores cargo, goods, or products on a short- or long-term basis for later distribution to businesses and/or retail customers. 6 Data from the Bureau of Transportation Statistics, Container TEUs (Twenty-foot Equivalent Units) (2020), https://data.bts.gov/stories/s/Container-TEU/x3fb-aeda/ (Ports of Los Angeles, Long Beach, and Oakland combined for 14.157 million TEUs, 34% of 41.24 million TEUs total nationwide) (last accessed September 18, 2022). 7 U.S. Dept. of Transportation, Federal Highway Administration, FHWA Operations Support – Port Peak Pricing Program Evaluation (2020), available at https://ops.fhwa.dot.gov/publications/fhwahop09014/sect2.htm (last accessed September 18, 2022). 8 South Coast Air Qual. Mgmt. Dist., Final Socioeconomic Assessment for Proposed Rule 2305 – Warehouse Indirect Source Rule – Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program and Proposed Rule 316 – Fees for Rule 2305, at 7-8, 41 (May 2021). Updated September 2022 2 13% of all retail sales and 2021 being a second consecutive record year for new warehouse space leased.9 The latest data and forecasts predict that the next wave of warehouse development will be in the Central Valley.10 When done properly, these activities can contribute to the economy and consumer welfare. However, imprudent warehouse development can harm local communities and the environment. Among other pollutants, diesel trucks visiting warehouses emit nitrogen oxide (NOx)—a primary precursor to smog formation and a significant factor in the development of respiratory problems like asthma, bronchitis, and lung irritation—and diesel particulate matter (a subset of fine particular matter that is smaller than 2.5 micrometers)—a contributor to cancer, heart disease, respiratory illnesses, and premature death.11 Trucks and on-site loading activities can also be loud, bringing disruptive noise levels during 24/7 operation that can cause hearing damage after prolonged exposure.12 The hundreds, and sometimes thousands, of daily truck and passenger car trips that warehouses generate contribute to traffic jams, deterioration of road surfaces, and traffic accidents. These environmental impacts also tend to be concentrated in neighborhoods already suffering from disproportionate health impacts and systemic vulnerability. For example, a comprehensive study by the South Coast Air Quality Management District found that communities located near large warehouses scored far higher on California’s environmental justice screening tool, which measures overall pollution and demographic vulnerability.13 That 9 U.S. Census Bureau News, Quarterly Retail E-Commerce Sales 4th Quarter 2021 (February 22, 2022), https://www.census.gov/retail/mrts/www/data/pdf/ec_current.pdf (last accessed September 18, 2022); CBRE Research, 2022 North America Industrial Big Box Report: Review and Outlook, at 2-3 (March 2022), available at https://www.cbre.com/insights/reports/2022- north-america-industrial-big-box#download-report (last accessed September 18, 2022). 10 CBRE Research, supra note 9, at 4, 36; New York Times, Warehouses Are Headed to the Central Valley, Too (Jul. 22, 2020), available at https://www.nytimes.com/2020/07/22/us/coronavirus-ca-warehouse-workers.html. 11 California Air Resources Board, Nitrogen Dioxide & Health, https://ww2.arb.ca.gov/resources/nitrogen-dioxide-and-health (last accessed September 18, 2022) (NOx); California Air Resources Board, Summary: Diesel Particular Matter Health Impacts, https://ww2.arb.ca.gov/resources/summary-diesel-particulate-matter-health-impacts (last accessed September 18, 2022); Office of Environmental Health Hazard Assessment and American Lung Association of California, Health Effects of Diesel Exhaust, https://oehha.ca.gov/media/downloads/calenviroscreen/indicators/diesel4-02.pdf (last accessed September 18, 2022) (DPM). 12 Noise Sources and Their Effects, https://www.chem.purdue.edu/chemsafety/Training/PPETrain/dblevels.htm (last accessed September 18, 2022) (a diesel truck moving 40 miles per hour, 50 feet away, produces 84 decibels of sound). 13 South Coast Air Quality Management District, “Final Socioeconomic Assessment for Proposed Rule 2305 – Warehouse Indirect Source Rule – Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program and Proposed Rule 316 – Fees for Rule 2305” (May 2021), at 4-5. Updated September 2022 3 study concluded that, compared to the South Coast Air Basin averages, communities in the South Coast Air Basin near large warehouses had a substantially higher proportion of people of color; were exposed to more diesel particulate matter; had higher rates of asthma, cardiovascular disease, and low birth weights; and had higher poverty and unemployment rates.14 Each area has its own unique history, but many of these impacts and vulnerabilities reflect historic redlining practices in these communities, which devalued land and concentrated poverty, racial outgroups, and pollution into designated areas.15 II. Proactive Planning: General Plans, Local Ordinances, and Good Neighbor Policies To systematically guide warehouse development, we encourage local governing bodies to proactively plan for logistics projects in their jurisdictions. Proactive planning allows jurisdictions to prevent land use conflicts before they materialize and direct sustainable development. Benefits also include providing a predictable business environment, protecting residents from environmental harm, and setting consistent expectations jurisdiction-wide. Proactive planning can take many forms. Land use designation and zoning decisions should channel development into appropriate areas. For example, establishing industrial districts near major highway and rail corridors but away from sensitive receptors 16 can help attract investment while avoiding conflicts between warehouse facilities and residential communities. Transition zones with lighter industrial and commercial land uses may also help minimize conflicts between residential and industrial uses. In addition, general plan policies, local ordinances, and good neighbor policies should set minimum standards for logistics projects. General plan policies can be incorporated into existing economic development, land use, circulation, or other related general plan elements. Many jurisdictions alternatively choose to consolidate policies in a separate environmental justice element. Adopting general plan policies to guide warehouse development may also help 14 Id. at 5-7. 15 Beginning in the 1930s, federal housing policy directed investment away from Black, immigrant, and working-class communities by color-coding neighborhoods according to the purported “riskiness” of loaning to their residents. In California cities where such “redlining” maps were drawn, nearly all of the communities where warehouses are now concentrated were formerly coded “red,” signifying the least desirable areas where investment was to be avoided. See University of Richmond Digital Scholarship Lab, Mapping Inequality, https://dsl.richmond.edu/panorama/redlining/#loc=12/33.748/-118.272&city=los-angeles-ca (Los Angeles), https://dsl.richmond.edu/panorama/redlining/#loc=13/32.685/-117.132&city=san- diego-ca (San Diego), https://dsl.richmond.edu/panorama/redlining/#loc=11/37.81/- 122.38&city=oakland-ca (Oakland), https://dsl.richmond.edu/panorama/redlining/#loc=13/37.956/-121.326&city=stockton-ca (Stockton), https://dsl.richmond.edu/panorama/redlining/#loc=12/36.751/-119.86&city=fresno- ca (Fresno) (all last accessed September 18, 2022). 16 In this document, “sensitive receptors” refers to residences, schools, public recreation facilities, health care facilities, places of worship, daycare facilities, community centers, or incarceration facilities. Updated September 2022 4 jurisdictions comply with their obligations under SB 1000, which requires local government general plans to identify objectives and policies to reduce health risks in disadvantaged communities, promote civil engagement in the public decision making process, and prioritize improvements and programs that address the needs of disadvantaged communities.17 Local ordinances and good neighbor policies that set development standards for all warehouses in the jurisdiction are a critical and increasingly common tool that serve several goals. When well-designed, these ordinances direct investment to local improvements, provide predictability for developers, conserve government resources by streamlining project review processes, and reduce the environmental impacts of industrial development. While many jurisdictions have adopted warehouse-specific development standards, an ordinance in the City of Fontana provides an example to review and build upon.18 Good neighbor policies in Riverside County and by the Western Riverside Council of Government include additional measures worth consideration.19 The Bureau encourages jurisdictions to adopt their own local ordinances that combine the strongest policies from those models with measures discussed in the remainder of this document. III. Community Engagement Early and consistent community engagement is central to establishing good relationships between communities, lead agencies, and warehouse developers and tenants. Robust community engagement can give lead agencies access to community residents’ on-the-ground knowledge and information about their concerns, build community support for projects, and develop creative solutions to ensure new logistics facilities are mutually beneficial. Examples of best practices for community engagement include: • Holding a series of community meetings at times and locations convenient to members of the affected community and incorporating suggestions into the project design. • Posting information in hard copy in public gathering spaces and on a website about the project. The information should include a complete, accurate project description, maps and drawings of the project design, and information about how the public can provide input and be involved in the project approval process. The 17 For more information about SB 1000, see https://oag.ca.gov/environment/sb1000. 18 https://oag.ca.gov/system/files/attachments/press- docs/Final%20Signed%20Fontana%20Ordinance.pdf (last accessed September 18, 2022). 19 For example, the Riverside County policy requires community benefits agreements and supplemental funding contributions toward additional pollution offsets, and the Western Riverside Council of Governments policy sets a minimum buffer zone of 300 meters between warehouses and sensitive receptors. https://www.rivcocob.org/wp- content/uploads/2020/01/Good-Neighbor-Policy-F-3-Final-Adopted.pdf (last accessed September 18, 2022) (Riverside County); http://www.wrcog.cog.ca.us/DocumentCenter/View/318/Good-Neighbor-Guidelines-for-Siting- Warehouse-Distribution-Facilities-PDF?bidId= (last accessed September 18, 2022) (Western Riverside Council of Governments). Updated September 2022 5 information should be in a format that is easy to navigate and understand for members of the affected community. • Providing notice by mail to residents and schools within a certain radius of the project and along transportation corridors to be used by vehicles visiting the project, and by posting a prominent sign on the project site. The notice should include a brief project description and directions for accessing complete information about the project and for providing input on the project. • Providing translation or interpretation in residents’ native language, where appropriate. • For public meetings broadcast online or otherwise held remotely, providing for access and public comment by telephone and supplying instructions for access and public comment with ample lead time prior to the meeting. • Partnering with local community-based organizations to solicit feedback, leverage local networks, co-host meetings, and build support. • Considering adoption of a community benefits agreement, negotiated with input from affected residents and businesses, by which the developer provides benefits to the affected community. • Creating a community advisory board made up of local residents to review and provide feedback on project proposals in early planning stages. • Identifying a person to act as a community liaison concerning on-site construction activity and operations, and providing contact information for the community liaison to the surrounding community. • Requiring signage in public view at warehouse facilities with contact information for a local designated representative for the facility operator who can receive community complaints, and requiring any complaints to be answered by the facility operator within 48 hours of receipt. IV. Warehouse Siting and Design Considerations The most important consideration when planning a logistics facility is its location. Warehouses located in residential neighborhoods or near sensitive receptors expose community residents and those using or visiting sensitive receptor sites to the air pollution, noise, traffic, and other environmental impacts they generate. Therefore, placing facilities away from sensitive receptors significantly reduces their environmental and quality of life harms on local communities. The suggested best practices for siting and design of warehouse facilities does not relieve lead agencies’ responsibility under CEQA to conduct a project-specific analysis of the project’s impacts and evaluation of feasible mitigation measures and alternatives; lead agencies’ incorporation of the best practices must be part of the impact, mitigation and alternatives analyses to meet the requirements of CEQA. Examples of best practices when siting and designing warehouse facilities include: Updated September 2022 6 • Per California Air Resources Board (CARB) guidance, siting warehouse facilities so that their property lines are at least 1,000 feet from the property lines of the nearest sensitive receptors.20 • Providing adequate amounts of on-site parking to prevent trucks and other vehicles from parking or idling on public streets and to reduce demand for off-site truck yards. • Establishing setbacks from the property line of the nearest sensitive receptor to warehouse dock doors, loading areas, and truck drive aisles, and locating warehouse dock doors, loading areas, and truck drive aisles on the opposite side of the building from the nearest sensitive receptors—e.g., placing dock doors on the north side of the facility if sensitive receptors are near the south side of the facility. • Placing facility entry and exit points from the public street away from sensitive receptors—e.g., placing these points on the north side of the facility if sensitive receptors are adjacent to the south side of the facility. • Ensuring heavy duty trucks abide by the on-site circulation plans by constructing physical barriers to block those trucks from using areas of the project site restricted to light duty vehicles or emergency vehicles only. • Preventing truck queuing spillover onto surrounding streets by positioning entry gates after a minimum of 140 feet of space for queuing, and increasing the distance by 70 feet for every 20 loading docks beyond 50 docks. • Locating facility entry and exit points on streets of higher commercial classification that are designed to accommodate heavy duty truck usage. • Screening the warehouse site perimeter and onsite areas with significant truck traffic (e.g., dock doors and drive aisles) by creating physical, structural, and/or vegetative buffers that prevent or substantially reduce pollutant and noise dispersion from the facility to sensitive receptors. • Planting exclusively 36-inch box evergreen trees to ensure faster maturity and four-season foliage. • Requiring all property owners and successors in interest to maintain onsite trees and vegetation for the duration of ownership, including replacing any dead or unhealthy trees and vegetation. • Posting signs clearly showing the designated entry and exit points from the public street for trucks and service vehicles. • Including signs and drive aisle pavement markings that clearly identify onsite circulation patterns to minimize unnecessary onsite vehicle travel. • Posting signs indicating that all parking and maintenance of trucks must be conducted within designated on-site areas and not within the surrounding community or public streets. 20 CARB, Air Quality and Land Use Handbook: A Community Health Perspective (April 2005), at ES-1. CARB staff has released draft updates to this siting and design guidance which suggests a greater distance may be warranted in some scenarios. CARB, Concept Paper for the Freight Handbook (December 2019), available at https://ww2.arb.ca.gov/sites/default/files/2020- 03/2019.12.12%20-%20Concept%20Paper%20for%20the%20Freight%20Handbook_1.pdf (last accessed September 18, 2022). Updated September 2022 7 V. Air Quality and Greenhouse Gas Emissions Analysis and Mitigation Emissions of air pollutants and greenhouse gases are often among the most substantial environmental impacts from new warehouse facilities. CEQA compliance demands a proper accounting of the full air quality and greenhouse gas impacts of logistics facilities and adoption of all feasible mitigation of significant impacts. Although efforts by CARB and other authorities to regulate the heavy-duty truck and off-road diesel fleets have made excellent progress in reducing the air quality impacts of logistics facilities, the opportunity remains for local jurisdictions to further mitigate these impacts at the project level. Lead agencies and developers should also consider designing projects with their long-term viability in mind. Constructing the necessary infrastructure to prepare for the zero-emission future of goods movement not only reduces a facility’s emissions and local impact now, but it can also save money as demand for zero-emission infrastructure grows. In planning new logistics facilities, the Bureau strongly encourages developers to consider the local, statewide, and global impacts of their projects’ emissions. Examples of best practices when studying air quality and greenhouse gas impacts include: • Fully analyzing all reasonably foreseeable project impacts, including cumulative impacts. In general, new warehouse developments are not ministerial under CEQA because they involve public officials’ personal judgment as to the wisdom or manner of carrying out the project, even when warehouses are permitted by a site’s applicable zoning and/or general plan land use designation.21 • When analyzing cumulative impacts, thoroughly considering the project’s incremental impact in combination with past, present, and reasonably foreseeable future projects, even if the project’s individual impacts alone do not exceed the applicable significance thresholds. • Preparing a quantitative air quality study in accordance with local air district guidelines. • Preparing a quantitative health risk assessment in accordance with California Office of Environmental Health Hazard Assessment and local air district guidelines. • Refraining from labeling compliance with CARB or air district regulations as a mitigation measure—compliance with applicable regulations is required regardless of CEQA. • Disclosing air pollution from the entire expected length of truck trips. CEQA requires full public disclosure of a project’s anticipated truck trips, which entails calculating truck trip length based on likely truck trip destinations, rather than the distance from the facility to the edge of the air basin, local jurisdiction, or other truncated endpoint. All air pollution associated with the project must be considered, regardless of where those impacts occur. 21 CEQA Guidelines § 15369. Updated September 2022 8 • Accounting for all reasonably foreseeable greenhouse gas emissions from the project, without discounting projected emissions based on participation in California’s Cap-and-Trade Program. Examples of measures to mitigate air quality and greenhouse gas impacts from construction are below. To ensure mitigation measures are enforceable and effective, they should be imposed as permit conditions on the project where applicable. • Requiring off-road construction equipment to be hybrid electric-diesel or zero- emission, where available, and all diesel-fueled off-road construction equipment to be equipped with CARB Tier IV-compliant engines or better, and including this requirement in applicable bid documents, purchase orders, and contracts, with successful contractors demonstrating the ability to supply the compliant construction equipment for use prior to any ground-disturbing and construction activities. • Prohibiting off-road diesel-powered equipment from being in the “on” position for more than 10 hours per day. • Using electric-powered hand tools, forklifts, and pressure washers, and providing electrical hook ups to the power grid rather than use of diesel-fueled generators to supply their power. • Designating an area in the construction site where electric-powered construction vehicles and equipment can charge. • Limiting the amount of daily grading disturbance area. • Prohibiting grading on days with an Air Quality Index forecast of greater than 100 for particulates or ozone for the project area. • Forbidding idling of heavy equipment for more than three minutes. • Keeping onsite and furnishing to the lead agency or other regulators upon request, all equipment maintenance records and data sheets, including design specifications and emission control tier classifications. • Conducting an on-site inspection to verify compliance with construction mitigation and to identify other opportunities to further reduce construction impacts. • Using paints, architectural coatings, and industrial maintenance coatings that have volatile organic compound levels of less than 10 g/L. • Providing information on transit and ridesharing programs and services to construction employees. • Providing meal options onsite or shuttles between the facility and nearby meal destinations for construction employees. Examples of measures to mitigate air quality and greenhouse gas impacts from operation include: • Requiring all heavy-duty vehicles engaged in drayage 22 to or from the project site to be zero-emission beginning in 2030. 22 “Drayage” refers generally to transport of cargo to or from a seaport or intermodal railyard. Updated September 2022 9 • Requiring all on-site motorized operational equipment, such as forklifts and yard trucks, to be zero-emission with the necessary charging or fueling stations provided. • Requiring tenants to use zero-emission light- and medium-duty vehicles as part of business operations. • Forbidding trucks from idling for more than three minutes and requiring operators to turn off engines when not in use. • Posting both interior- and exterior-facing signs, including signs directed at all dock and delivery areas, identifying idling restrictions and contact information to report violations to CARB, the local air district, and the building manager. • Installing solar photovoltaic systems on the project site of a specified electrical generation capacity that is equal to or greater than the building’s projected energy needs, including all electrical chargers. • Designing all project building roofs to accommodate the maximum future coverage of solar panels and installing the maximum solar power generation capacity feasible. • Constructing zero-emission truck charging/fueling stations proportional to the number of dock doors at the project. • Running conduit to designated locations for future electric truck charging stations. • 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 refrigerated warehouse space, constructing electric plugs for electric transport refrigeration units at every dock door and requiring truck operators with transport refrigeration units to use the electric plugs when at loading docks. • Oversizing electrical rooms by 25 percent or providing a secondary electrical room to accommodate future expansion of electric vehicle charging capability. • Constructing and maintaining electric light-duty vehicle charging stations proportional to the number of employee parking spaces (for example, requiring at least 10% of all employee parking spaces to be equipped with electric vehicle charging stations of at least Level 2 charging performance) • Running conduit to an additional proportion of employee parking spaces for a future increase in the number of electric light-duty charging stations. • Installing and maintaining, at the manufacturer’s recommended maintenance intervals, air filtration systems at sensitive receptors within a certain radius of facility for the life of the project. • Installing and maintaining, at the manufacturer’s recommended maintenance intervals, an air monitoring station proximate to sensitive receptors and the facility for the life of the project, and making the resulting data publicly available in real time. While air monitoring does not mitigate the air quality or greenhouse gas impacts of a facility, it nonetheless benefits the affected community by providing information that can be used to improve air quality or avoid exposure to unhealthy air. • Requiring all stand-by emergency generators to be powered by a non-diesel fuel. • Requiring facility operators to train managers and employees on efficient scheduling and load management to eliminate unnecessary queuing and idling of Updated September 2022 10 trucks. • Requiring operators to establish and promote a rideshare program that discourages single-occupancy vehicle trips and provides financial incentives for alternate modes of transportation, including carpooling, public transit, and biking. • Meeting CalGreen Tier 2 green building standards, including all provisions related to designated parking for clean air vehicles, electric vehicle charging, and bicycle parking. • Designing to LEED green building certification standards. • Providing meal options onsite or shuttles between the facility and nearby meal destinations. • Posting signs at every truck exit driveway providing directional information to the truck route. • Improving and maintaining vegetation and tree canopy for residents in and around the project area. • Requiring that every tenant train its staff in charge of keeping vehicle records in diesel technologies and compliance with CARB regulations, by attending CARB- approved courses. Also require facility operators to maintain records on-site demonstrating compliance and make records available for inspection by the local jurisdiction, air district, and state upon request. • Requiring tenants to enroll in the United States Environmental Protection Agency’s SmartWay program, and requiring tenants who own, operate, or hire trucking carriers with more than 100 trucks to use carriers that are SmartWay carriers. • Providing tenants with information on incentive programs, such as the Carl Moyer Program and Voucher Incentive Program, to upgrade their fleets. VI. Noise Impacts Analysis and Mitigation The noise associated with logistics facilities can be among their most intrusive impacts to nearby sensitive receptors. Various sources, such as unloading activity, diesel truck movement, and rooftop air conditioning units, can contribute substantial noise pollution. These impacts are exacerbated by logistics facilities’ typical 24-hour, seven-days-per-week operation. Construction noise is often even greater than operational noise, so if a project site is near sensitive receptors, developers and lead agencies should adopt measures to reduce the noise generated by both construction and operation activities. Examples of best practices when studying noise impacts include: • Preparing a noise impact analysis that considers all reasonably foreseeable project noise impacts, including to nearby sensitive receptors. All reasonably foreseeable project noise impacts encompasses noise from both construction and operations, including stationary, on-site, and off-site noise sources. • Adopting a lower significance threshold for incremental noise increases when baseline noise already exceeds total noise significance thresholds, to account for the cumulative impact of additional noise and the fact that, as noise moves up the decibel scale, each decibel increase is a progressively greater increase in sound Updated September 2022 11 pressure than the last. For example, 70 dBA is ten times more sound pressure than 60 dBA. • Disclosing and considering the significance of short-term noise levels associated with all aspects of project operation (i.e. both on-site noise generation and off-site truck noise). Considering only average noise levels may mask noise impacts sensitive receptors would consider significant—for example, the repeated but short-lived passing of individual trucks or loading activities at night. Examples of measures to mitigate noise impacts include: • Constructing physical, structural, or vegetative noise barriers on and/or off the project site. • Planning and enforcing truck routes that avoid passing sensitive receptors. • Locating or parking all stationary construction equipment as far from sensitive receptors as possible, and directing emitted noise away from sensitive receptors. • Verifying that construction equipment has properly operating and maintained mufflers. • Requiring all combustion-powered construction equipment to be surrounded by a noise protection barrier • Limiting operation hours to daytime hours on weekdays. • Paving roads where truck traffic is anticipated with low noise asphalt. • Orienting any public address systems onsite away from sensitive receptors and setting system volume at a level not readily audible past the property line. VII. Traffic Impacts Analysis and Mitigation Warehouse facilities inevitably bring truck and passenger car traffic. Truck traffic can present substantial safety issues. Collisions with heavy-duty trucks are especially dangerous for passenger cars, motorcycles, bicycles, and pedestrians. These concerns can be even greater if truck traffic passes through residential areas, school zones, or other places where pedestrians are common and extra caution is warranted. Examples of measures to mitigate traffic impacts include: • Designing, clearly marking, and enforcing truck routes that keep trucks out of residential neighborhoods and away from other sensitive receptors. • Installing signs in residential areas noting that truck and employee parking is prohibited. • Requiring preparation and approval of a truck routing plan describing the facility’s hours of operation, types of items to be stored, and truck routing to and from the facility to designated truck routes that avoids passing sensitive receptors. The plan should include measures for preventing truck queuing, circling, stopping, and parking on public streets, such as signage, pavement markings, and queuing analysis and enforcement. The plan should hold facility operators responsible for violations of the truck routing plan, and a revised plan should be required from any new tenant that occupies the property before a business license Updated September 2022 12 is issued. The approving agency should retain 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. • Constructing new or improved transit stops, sidewalks, bicycle lanes, and crosswalks, with special attention to ensuring safe routes to schools. • Consulting with the local public transit agency and securing increased public transit service to the project area. • Designating areas for employee pickup and drop-off. • Implementing traffic control and safety measures, such as speed bumps, speed limits, or new traffic signs or signals. • Placing facility entry and exit points on major streets that do not have adjacent sensitive receptors. • Restricting the turns trucks can make entering and exiting the facility to route trucks away from sensitive receptors. • Constructing roadway improvements to improve traffic flow. • Preparing a construction traffic control plan prior to grading, detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations, and designing the plan to minimize impacts to roads frequented by passenger cars, pedestrians, bicyclists, and other non-truck traffic. VIII. Other Significant Environmental Impacts Analysis and Mitigation Warehouse projects may result in significant environmental impacts to other resources, such as to aesthetics, cultural resources, energy, geology, or hazardous materials. All significant adverse environmental impacts must be evaluated, disclosed and mitigated to the extent feasible under CEQA. Examples of best practices and mitigation measures to reduce environmental impacts that do not fall under any of the above categories include: • Appointing a compliance officer who is responsible for implementing all mitigation measures, and providing contact information for the compliance officer to the lead agency, to be updated annually. • Creating a fund to mitigate impacts on affected residents, schools, places of worship, and other community institutions by retrofitting their property. For example, retaining a contractor to retrofit/install HVAC and/or air filtration systems, doors, dual-paned windows, and sound- and vibration-deadening insulation and curtains. • Sweeping surrounding streets on a daily basis during construction to remove any construction-related debris and dirt. • Directing all lighting at the facility into the interior of the site. • Using full cut-off light shields and/or anti-glare lighting. • Requiring submission of a property maintenance program for agency review and approval providing for the regular maintenance of all building structures, landscaping, and paved surfaces. • Using cool pavement to reduce heat island effects. Updated September 2022 13 • Planting trees in parking areas to provide at least 35% shade cover of parking areas within fifteen years to reduce heat island impacts. • Using light colored roofing materials with a solar reflective index of 78 or greater. • Including on-site amenities, such as a truck operator lounge with restrooms, vending machines, and air conditioning, to reduce the need for truck operators to idle or travel offsite. • Designing skylights to provide natural light to interior worker areas. • Installing climate control and air filtration in the warehouse facility to promote worker well-being. IX. Conclusion California’s world-class economy, ports, and transportation network position it at the center of the e-commerce and logistics industry boom. At the same time, California is a global leader in environmental protection and environmentally just development. The guidance in this document furthers these dual strengths, ensuring that all can access the benefits of economic development. The Bureau will continue to monitor proposed projects for compliance with CEQA and other laws. Lead agencies, developers, community advocates, and other interested parties should feel free to reach out to us as they consider how to guide warehouse development in their area. Please do not hesitate to contact the Environmental Justice Bureau at ej@doj.ca.gov if you have any questions. 05/03/2023 VIA EMAIL ONLY Irene Romero City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Email: iromero@fontana.org RE: NOP Comments for Sierra Distribution Facility Project Dear Ms. Romero, On behalf of Californians Allied for a Responsible Economy ("CARE CA") thank you for the opportunity to provide comments on the Notice of Preparation (“NOP”) for environmental review of the Sierra Distribution Facility Project (the “Project”). The proposed Project consists of a new warehouse totaling approximately 398,5114 square feet (SF) and related improvements. The NOP identifies the Project’s potentially significant impacts under CEQA to include all environmental considerations. CARE CA respectfully requests complete analysis of these impacts, and imposition of all feasible mitigation. Please consider the following comments: - The DEIR should clearly articulate assumptions regarding the type and mix of warehouse uses that will occupy the warehouse space to ensure that the unique impacts of each use (i.e., both truck and vehicular trips, air quality, GHG emissions, public health risk and other environmental effects) are comprehensively evaluated and mitigated. - If the Project will not include cold storage, then the City must include California Air Resources Board (CARB) recommended design measures in the DEIR. CARB recommends requiring contractual language in tenant lease agreements or restrictive covenant over parcel to prohibit use of TRUs. - Assuming industry standard 24 hour a day, 7 days a week operations, the Project will undoubtably contribute to air pollution. The City must make all efforts to minimize air quality effects to the greatest extent possible. This in part means that a mobile source Health Risk Assessment must be prepared as part of the DEIR. The HRA should include both construction and operational diesel PM emissions and cancer risk assessment, and also account for other emission sources such as backup generators, and forklifts. - To determine the significance of the Project’s GHG emissions: i) the City should avoid attempts at threshold shopping to secure a favorable less than significant result for the Project. ii) Adopt a quantitative analysis with numeric thresholds. In addition to the thresholds adopted by South Coast Air Quality Management District (SCAQMD), the City should also use robust thresholds such as Earthjustice group’s net zero emission model. Using such a model will enable the City to require effective measures that reduce GHGs or even achieve net zero emissions. Any measures to address climate change threats must be considered. iii) If the City adopts a qualitative analysis, then the DEIR should provide a detailed explanation why numeric thresholds adopted by various air districts are not used in the analysis. Aside from identifying an appropriate threshold backed with substantial evidence, we expect a detailed discussion on the Applicant’s plan to offset the Project’s GHG emissions. - Provide all sources and referenced materials when the DEIR is made available. Thank you for the opportunity to submit NOP comments. CARE CA respectfully urges the City to take this opportunity to protect the environment and the community to the maximum extent feasible. We look forward to reviewing and commenting on subsequent environmental review documents when these documents are released for public review. Sincerely, Jeff Modrzejewski Executive Director May 3, 2023 Irene Romero City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Email: iromero@fontana.org SUBJECT: NOTICE OF PREPARATION OF A DRAFT EIR FOR THE SIERRA DISTRIBUTION FACILITY PROJECT Dear Ms. Romero, Thank you for allowing the San Bernardino County Local Enforcement Agency (LEA) staff to provide comments on this proposed project and for the City of Fontana’s consideration of these comments as part of the California Environmental Quality Act (CEQA) process. The Project includes the development of a 398,514-square foot warehouse building on an approximately 18.3-net acre site, with associated facilities and improvements that include approximately 10,000 square feet of office space, vehicle parking, loading dock doors, trailer parking, onsite landscaping, and related onsite and off-site improvements. Project site is composed of the following six parcels: 1. 1119-241-10 2. 1119-241-13 3. 1119-241-18 4. 1119-241-25 5. 1119-241-26 6. 1119-241-27 The Project location is less than 1000 ft from an active solid waste facility, Mid-Valley Sanitary Landfill (SWIS# 36-AA-0055). Landfills actively produce methane gas as a byproduct of waste decomposition. Routine gas monitoring of wells are conducted at the landfill by San Bernardino County Solid Waste Management and LEA. Due to the Projects close proximity to the landfill, the LEA recommends all developments within 1000 ft including Sierra Distribution Facility to be designed and constructed in accordance with the following, or in accordance with an equivalent design which will prevent gas migration into the building as per 27 California CR § 21190(g): 1. a geomembrane or equivalent system with low permeability to landfill gas shall be installed between the concrete floor slab of the building and subgrade; 2. a permeable layer of open graded material of clean aggregate with a minimum thickness of 12 inches shall be installed between the geomembrane and the subgrade or slab; 3. a geotextile filter shall be utilized to prevent the introduction of fines into the permeable layer; Joshua Dugas, MBA, REHS Director Jennifer Osorio, REHS Assistant Director Janki Patel, MPH Assistant Director Michael A. Sequeira, M.D. Health Officer Public Health Environmental Health Services 385 N. Arrowhead Ave, 2nd Floor, San Bernardino, CA 92415 | Phone: 800.442.2283 Fax: 909.387.4323 SUBJECT: NOTICE OF PREPARATION OF A DRAFT EIR FOR THE SIERRA DISTRIBUTION FACILITY PROJECT DATE: May 3, 2023 PAGE 2 of 2 4. perforated venting pipes shall be installed within the permeable layer, and shall be designed to operate without clogging; 5. the venting pipe shall be constructed with the ability to be connected to an induced draft exhaust system; 6. automatic methane gas sensors shall be installed within the permeable gas layer, and inside the building to trigger an audible alarm when methane gas concentrations are detected; and 7. periodic methane gas monitoring shall be conducted inside all buildings and underground utilities in accordance with Article 6, of Subchapter 4 of this chapter (§ 20920 et seq.). The LEA staff thanks the Lead Agency for the opportunity to review and comment on this environmental document and hopes that this comment letter will be useful to the Lead Agency in carrying out their responsibilities in the CEQA process. The LEA requests copies of any subsequent environmental documents, public notices, and any Notices of Determination for this project. If you have any questions regarding these comments, please contact me at 800-442-2283 or Sarah.Cunningham@dph.sbcounty.gov. Sincerely, Sarah Cunningham REHS II Environmental Health Services/LEA CC: Kimberly Tra, LEA Kimberly.Tra@dph.sbcounty.gov; Rodney Tolosa, LEA Rodney.Tolosa@dph.sbcounty.gov; Megan Emslander – CalRecycle Megan.Emslander@calrecycle.ca.gov