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HomeMy WebLinkAbout19-082 - Resolution RESOLUTION NO. 19-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN, MAKING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM A. Recitals. 1. The City of Rancho Cucamonga (the "City") prepared the Etiwanda Heights Neighborhood and Conservation Plan (EHNCP) DRC2015-00751 as a specific plan(the"Specific Plan")to regulate development in an area comprising approximately 4,393 acres extending roughly from Haven Avenue easterly to the City's boundary with Fontana,and from the northerly City limits to the San Bernardino National Forest boundary that is largely in the City's Sphere of Influence (the "Project Area"). The Project Area is more particularly described in Section 2.2 of the Specific Plan. 2. In addition to the Specific Plan, the EHNCP requires the following additional approvals: Specific Plan Amendment DRC2015-00751, General Plan Amendment DRC2015-00749, Development Code Amendment DRC2019-00459, Zoning Map Amendment DRC2015-00752, Etiwanda North Specific Plan Amendment DRC 2015-00750,Annexation DRC2015-00732,as well as a forthcoming tentative tract map or maps (collectively, the "Project"). 3. In accordance with the California Environmental Quality Act(CEQA), the State CEQA Guidelines, and the City's Local CEQA guidelines, the City prepared an initial study for the Project and, based on the information contained in the initial study, concluded that there was substantial evidence that the Project might have a significant environmental impact on several resources. 4. Based upon the information contained in the initial study, the City determined that an EIR must be prepared for the Project in order to analyze the Project's potential impacts on the environment. 5. Pursuant to CEQA Guidelines, Section 15082,on December 4,2018,the City published a Notice of Preparation(NOP)of a Draft EIR for the Project, and circulated the NOP and initial study to governmental agencies, organizations,and persons who may be interested in the application for a 49-day public review period. 6. The City received comments from eight public agencies,two organizations,two native American tribes, and 43 individual members of the community provided comments in response to the NOP. 7. The City also initiated consultation with two tribes in the area, the Gabrieleno Band of Mission Indians - Kizh Nation and the Morongo Band of Mission Indians, in accordance with the City's obligations under AB 52. Resolution No. 19-082 - Page 1 of 103 8. The City released the Draft EIR for a 45-day public review period beginning April 29, 2019 and ending on June 14, 2019. During the public review period the City received a total of 33 comment letters on the Draft EIR, and the City has prepared responses to each comment. 9. The EIR concludes that, even with the inclusion of mitigation measures,the Project may have a significant and unavoidable impact on several environmental resources. Accordingly, the City Council must adopt a statement of overriding considerations in order to approve the Project. 10. As a result of public comments received during the Draft EIR's public comment period,as well as during public meetings regarding the EHNCP, certain revisions were made to the Specific Plan and included in a revised Public Hearing Draft of the Specific Plan, dated August 7, 2019. These revisions to the Specific Plan included: (1) a 38-acre reduction in the size of the Specific Plan's Neighborhood Area and a corresponding increase in size of the Rural/Conservation Area, located within the northwest corner of the Neighborhood Area, which reduced the Neighborhood Area's development potential from 155 to 117 acres, and increased in size the Etiwanda Heights Preserve from 337 acres to 375 acres;(2)added a new three-acre equestrian park to the northeast corner of Sub-Area 3; (3)expanded the trail network to provide an additional east-west connection through the Neighborhood Are and additional descriptors for the type and extent of trails within the Project Area; (4) modified the Rural/Conservation Areas' development standards and set quantitative standards for the avoidance of environmental resources; (5) reduced the number of permitted residential units in the Neighborhood Area from 2,900 to 2,700 units; (6) increased the development rights that may be transferred from the Rural/Conservation Area to the Neighborhood Area under the Transfer of Development Rights (TDR) Program; (7) incorporated Riverside University Health Systems' Healthy Development Checklist;and(8)added additional small retail and professional uses to the list of permitted uses in the Shops and Restaurants Regulating Zone. 11. The City prepared an environmental analysis of the changes to the Specific Plan identified in the August 7, 2019 Public Hearing Draft and concluded that they would incrementally reduce the significant and unavoidable impacts identified in the Draft EIR, but would not change the Draft EIR's overall conclusions. 12. The City prepared a Final EIR in accordance with CEQA, which contains the City's responses to comments, a Mitigation Monitoring and Reporting Program(MMRP)for the Project,the Draft EIR as modified by the Final EIR, and all appendices, including the aforementioned environmental analysis of the Project as modified by the Specific Plan's Public Hearing Draft included as Appendix F. 13. On July 24, 2019,the Planning Commission opened a duly noticed public hearing on the Project and continued the hearing to August 28, 2019. On August 28, 2019, the Planning Commission re-opened the duly noticed public hearing on the Project,and concluded the hearing on that date. Thereafter, the Planning Commission adopted resolutions recommending that the City Council approve the Project,and specifically adopted Resolution No. 19-54 recommending that the City Council certify the Final EIR, make necessary findings under CEQA, adopt a Statement of Overriding Considerations, and adopt the Project's Mitigation Monitoring and Reporting Program. 14. Following the Planning Commission's public hearing, the Public Hearing Draft of the Specific Plan was slightly revised to: (1)clarify the expected maintenance responsibilities of public and private improvements within the Project Area; and (2) to restrict density transfers among residential sub-areas until those density transfers reasonably achieved through the Specific Plan's Transfer of Development Rights Program are completed. Resolution No. 19-082 - Page 2 of 103 15. A traffic mitigation measure in the EIR applicable to the intersection of Milliken Avenue and Terra Vista Avenue was modified after the Planning Commission hearing. The modified mitigation measure would avoid reconfiguring the eastbound approach to this intersection, and would instead adjust and optimize the PM peak hour signal timing plan and cycle length. An environmental analysis of this modification was prepared and concluded that the modified mitigation measure would be equally as effective as the prior version of the measure. This environmental analysis is included as an appendix to the Final EIR. 16. Subsequent to the Planning Commission hearing, City staff discussed certain revisions to the allowable density within the Rural/Conservation Area's Hillside and Open Space sub-zones with various residents whose property would be subject to those density limits upon adoption of the Specific Plan and approval of the annexation. Based on those discussions, City staff understood that the density limits within those sub-zones should better track the maximum permitted density allowable under the current General Plan, even though the initial density limits were within the General Plan's permissible density ranges. Thereafter, the City conducted an analysis of the impacts associated with permitting one dwelling unit per two acres in the Hillside sub-zone and one dwelling unit per ten acres in the Open Space sub-zone. This analysis concluded that, given development constraints in those sub-zones, the proposed increase in density would not result in more than the currently proposed 100 dwelling units to be developed within the Rural/Conservation Area. Accordingly, staff recommended that the City Council adopt the revised density limits in the final Specific Plan. An environmental analysis of the revisions was prepared and concluded that they would not result in any additional or different impacts than discussion in the Final EIR. This environmental analysis is included as an appendix to the Final EIR. 17. Prior to the City Council's consideration of the Final EIR,the Metropolitan Water District of Southern California provided the City with certain revisions to the Final EIR's responses to comments. Those revisions clarified that the Project Area will not be annexed into the Metropolitan Water District's or Inland Empire Utility Agency's service areas at this time. The City Council concurs with those comments, and the necessary revisions have been incorporated into the Final EIR. 18. On October 2,2019,the City Council conducted a duly noticed public hearing to consider the Project and concluded the hearing on that date. 19. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW,THEREFORE, it is hereby found,determined,and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Findings. Based upon the information and evidence set forth in the Final EIR, together with its appendices, and all other available evidence presented to the City Council during the above-referenced public hearing on October 2, 2019, including written and oral staff reports and public testimony, the City Council hereby specifically finds as follows: a. Agencies and interested members of the public have been afforded ample notice and opportunity to comment on the EIR and the Project. Resolution No. 19-082 - Page 3 of 103 b. The revisions to the Public Hearing Draft of the Specific Plan are minor in nature and do not affect the Planning Commission's recommendation because they do not affect the improvements to be constructed, or the residential density within, the Project Area. C. Section 15091 of the State CEQA Guidelines requires that the City, before approving the Project, make one or more of the following written findings for each significant effect identified in the Final EIR accompanied by a brief explanation of the rationale for each finding: i. Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR; ii. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or iii. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. These required findings are set forth in the attached Exhibit A and incorporated herein by this reference. d. Environmental impacts identified in the Final EIR that are found to be less than significant and do not require mitigation are described in Section IV of Exhibit A, attached hereto and incorporated herein by reference. e. Environmental impacts identified in the Final EIR as potentially significant, but that can be reduced to less than significant levels with mitigation, are described in Section V of Exhibit A attached hereto and incorporated herein by reference. f. Environmental impacts identified in the Final EIR as significant and unavoidable despite the imposition of all feasible mitigation measures are described in Section VI of Exhibit A, attached hereto and incorporated herein by reference. g. Alternatives to the Project that might eliminate or reduce significant environmental impacts are described in Section VII of Exhibit A, attached hereto and incorporated herein by reference. h' Sections 15092 and 15093 of the State CEQA Guidelines require that if a project will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts. i. A discussion of the Project benefits and a Statement of Overriding Considerations for the environmental impacts that cannot be fully mitigated to a less than significant level are set forth in Exhibit B, attached hereto and incorporated herein by this reference. j. State CEQA Guidelines Section 15091 and Public Resources Code Section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for Resolution No. 19-082 - Page 4 of 103 any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is attached hereto as Exhibit C, and is hereby incorporated herein by reference. Further, the mitigation measures set forth therein are made applicable to the Project. k. Prior to taking action on the Final EIR and approving the Project, the City Council specifically finds and certifies that: (1)the Final EIR was presented to the City Council; (2) the City Council reviewed and considered the Final EIR and all of the information and data in the administrative record, and all oral and written testimony presented to it during meetings and hearings; (3)the Final EIR is adequate and has been completed in full compliance with CEQA;and (4)the Final EIR reflects the City Council independent judgment and analysis. I. No comments or any additional information submitted to the City have produced any substantial new information requiring additional recirculation or additional environmental review of the Project under CEQA. 3. Determination. On the basis of the foregoing and all of the evidence in the administrative record before it, the City Council hereby certifies the Final EIR, adopts findings pursuant to the CEQA as set forth in Exhibit A attached hereto and incorporated herein by reference, adopts the Statement of Overriding Considerations as set forth in Exhibit B attached hereto and incorporated herein by reference, and adopts the Mitigation Monitoring and Reporting Program (MMRP) attached hereto as Exhibit C and incorporated herein by reference. 4. Location of Record. The documents and other materials, including the staff reports, technical studies, appendices, plans, and specifications, that constitute the record on which this Resolution is based are located in the Planning Department and are in the custody of the Planning Director. All such documents are incorporated herein by reference. 5. Certification. The City Clerk shall certify to the adoption of this Resolution. Resolution No. 19-082 - Page 5 of 103 PASSED, APPROVED, AND ADOPTED this 2nd day of October, 2019. ir Ah nnis Michael,4ayor ATTEST: ice C. Reynolds, CI k STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 2nd day of October 2019. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 3rd day of October, 2019, at Rancho Cucamonga, California. ice C. Reynolds, CIA Resolution No. 19-082 - Page 6 of 103 Exhibit A CEQA Findings and Facts in Support of Findings I. Introduction. The California Environmental Quality Act, Public Resources Code §21000, et seq. ("CEQA") and the State CEQA Guidelines, 14 Cal. Code Regs. § 15000, et seq. ("Guidelines") provide that no public agency shall approve or carry out a project for which an Environmental Impact Report("EIR") has been certified that identifies one or more significant effects on the environment caused by the project unless the public agency makes one or more of the following findings: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects identified in the EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. Pursuant to the requirements of CEQA,the City Council of the City of Rancho Cucamonga("Rancho Cucamonga" or "City") hereby makes the following environmental findings in connection with the proposed Etiwanda Heights Neighborhood and Conservation Plan(the"Project").These findings are based upon written and oral evidence included in the record of these proceedings,comments on the Draft EIR and the written responses thereto, the Final EIR, and reports presented to the Planning Commission and the City Council by City staff and the City's environmental consultants. II. Project Objectives. As set forth in the EIR, objectives that the City seeks to achieve with this Project(the "Project Objectives") are as follows: A. Conserve the natural resources and open space character of the unique foothill area to be governed by the Project. B. Establish local control by annexing this area to the City and adopting a community-based plan that meets the City's high-quality standards. C. Develop an economically feasible, fiscally responsible plan that pays its own way without levying new taxes on existing residents. D. Respect the rights of existing property owners. Resolution No. 19-082 - Page 7 of 103 E. Provide a range of open space and park areas offering a range of recreation opportunities. F. In the Project's Neighborhood Area, provide for the development of high-quality, single-family neighborhoods with a range of housing opportunities including equestrian- oriented housing that are compatible in character with the existing surrounding neighborhoods. III. Background. The proposed Project involves the planning, development,and conservation of 4,393 acres located in the northeastern edge of the City at the base of the San Gabriel Mountains ("Project Site"). The Project Site is more specifically located west of State Route(SR) 15, north of SR-210, south of the San Gabriel Mountains and the San Bernardino National Forest, and north of existing residential neighborhoods in the City. The Project Site include a majority of the existing 652-acre North Etiwanda Preserve. Approximately 305 acres, located in the western edge and southeast corner of the Project Site, are currently within the City and governed by the Etiwanda North Specific Plan. The remaining 4,088 acres of the Project Site are located in unincorporated San Bernardino County, but within the City's Sphere of Influence. Current General Plan designations within the Project Site include conservation,open space, hillside residential,and flood control/utility corridor. Approximately 3,603 acres, or 82%, of the Project Site is located in the Project's Rural/Conservation Area, which is primarily intended to be preserved in its natural setting with hiking trails and natural features. Approximately 790 acres of the Project Site is located in the Project's Neighborhood Area,which is intended for appropriate residential and commercial development associated amenities, such as parks, trails, and bike paths. The Project Site is generally undeveloped, although it includes some rural residential development and the Limei Fang-Ling Yen Mountain Temple. Other features include the Deer and Day Creek debris basins, channels, and levee and a closed sand and gravel mine. The area is characterized by alluvial fans from the San Gabriel Mountains. The Project's Rural/Conservation Area has terrain slopes of 30% or more, with alluvial fans sloping from 20% to 10% to the south. In the Neighborhood Area, slopes range from 7% to 5%. The proposed Project consists of a Specific Plan referred to as the Etiwanda Heights Neighborhood and Conservation Plan, a General Plan Amendment, a Zone Change, a Development Code Amendment, an amendment to the existing Etiwanda North Specific Plan,approval of a large-parcel tentative tract map, and approval of the annexation of the 4,088 acres of the Plan Area currently under the jurisdiction of San Bernardino County. The proposed Project would permit up to 3,000 homes, with a maximum of 100 homes permitted on privately-owned property in the Rural/Conservation Area and 2,700 single-family detached and attached homes in the Neighborhood Area. The proposed Project also includes a conservation plan for the Rural/Conservation Area, including a transfer of development rights (TDR) program intended to incentivize the transfer of density from the Rural/Conservation Area to the Neighborhood Area. The development rights for up to 300 dwelling units may be transferred from the Rural/Conservation Area to the Neighborhood Area pursuant to the TDR program. The proposed Project includes a phasing plan divided into nine phases to be developed over approximately 13 years. Resolution No. 19-082 - Page 8 of 103 IV. Effects Determined to be Less than Significant/No Impact in the Initial Study/Notice of Preparation The following effects were determined not to be significant for the reasons set forth in the Initial Study, and were not analyzed in detail in the EIR because they require no additional analysis to determine whether the effects could be significant. A. AGRICULTURAL AND FORESTRY RESOURCES 1. The Project will not Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use. 2. The Project will not conflict with existing zoning for agricultural use or a Williamson Act contract. 3. The Project will not conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)). 4. The Project will not result in the loss of forest land or conversion of forest land to non-forest use. 5. The Project does not involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use. V. Effects Determined to be Less Than Significant Without Mitigation in the EIR. The EIR found that the proposed Project will have a less than significant impact without the imposition of mitigation on the following environmental topics: Aesthetics, Energy, Hydrology and Water Quality, and Public Services and Recreation. A less than significant environmental impact determination was made for each of the following topic areas listed below, based on the more expansive discussions contained in the Final EIR. A. AESTHETICS 1. The Project would not have a substantial adverse effect on a scenic vista. Views of the San Gabriel Mountains and San Bernardino Mountains will not be dramatically altered, since little to no development is expected in the upper elevations of the Project Site, within the Rural/Conservation Area. Development within the Rural/Conservation Area is limited to 100, low-density homes that are subject to strict grading limitations. Although new residential and limited commercial uses are proposed in the lower elevations of the Project Site, within the Neighborhood Area, those uses are expected to blend visually with current residential uses in the area that are visually prominent to the west, south, and east of the Project Site. View from the two designated Special Boulevards traversing the Neighborhood Area, Wilson Avenue and Milliken Avenue, would remain substantially the same under the Project. Resolution No. 19-082 - Page 9 of 103 2. The Project would not substantially damage scenic resources, including, not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway because there are no designated state scenic highways within, or in proximity to, the Project Site. 3. For the nonurbanized portion of the Project Site, the Project would not substantially degrade the existing visual character or quality of public view of the site and its surroundings. The Rural/Conservation Area includes a majority of the existing North Etiwanda Preserve and new preserves where development will not be permitted. The remaining developable portion of the Rural/Conservation Area is limited to 100 homes, subject to grading limitations, infrastructure that conforms to the natural terrain, and buildings that are rural in character. In addition, the TDR Program will help minimize development in the Rural/Conservation Area. Thus, there is little opportunity for development in the nonurbanized Rural/Conservation Area that could degrade its visual character. 4. For the urbanized portion of the Project Site, the Project would not conflict with applicable zoning and other regulations governing scenic quality. The Project's Specific Plan proposes new development standards that would create open space buffers, corridors, and spaces. Future development will conform to these development standards, which are intended to govern scenic quality in the area. 5. The Project would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. The proposed Project would increase the intensity and density of development throughout the site, which add new sources of light and glare. However, the Project would result in less than significant light and glare impacts through the Specific Plan's development standards, which limit outdoor fixtures to fifteen (15) feet in height, require lighting to be shielded or recessed, and limit building mounted luminaires to a maximum initial illuminance of 0.05 horizontal and vertical foot-candles. In addition, street light fixtures will be widely spaced and approved as Dark Sky Friendly Fixtures. Adherence to these design standards, and the City's existing lighting ordinances, would result in a less than significant impact. 6. The Project would have a less than cumulatively considerable impact on aesthetics. The Project implements the General Plan's goals of limiting hillside development and all future projects will be subject to the City's hillside development regulations. Although additional projects may contribute to a visual change in the City, these projects are also subject to applicable development standards and light regulations in applicable specific plans and the Municipal Code. 7. The Project will not contribute to a significant cumulative impact on aesthetics. B. AIR QUALITY 1. The proposed Project would not result in emissions, such as those leading to odors, that adversely affect a substantial number of people. C. BIOLOGICAL RESOURCES 1. The proposed Project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or Resolution No. 19-082 - Page 10 of 103 migratory wildlife corridors, or impede the use of native wildlife nursery sites. The Rural/Conservation Area does not function as a corridor due to the lack of physical constraints that would prevent wildlife movement. Instead, it functions as an intact large block of habitat for a variety of species— providing all of the necessary life-history needs for these species. There are no wildlife corridors within the Neighborhood Area, but activities proposed within the Neighborhood Area would impact areas identified as the San Gabriel—San Bernardino Connection. The EHNCP proposes establishing three new preserves in the Rural/Conservation Area, totaling approximately 783 acres. These areas have the potential to be directly connected into national forest lands located to the north, thus being potentially directly connected to very large blocks of contiguous habitat through on-going conservation expansion. Therefore, no significant impacts to wildlife corridors or habitat linkages are anticipated. 2. The proposed Project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. 3. The proposed Project would not conflict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or other approved local, regional, or state habitat conservation plan. D. CULTURAL AND TRIBAL RESOURCES 1. The proposed Project would not cause a substantial adverse change in the significance of a historical resource pursuant to Public Resources Code Section 15064.5. Based on an intensive pedestrian survey of the Project Area, no resources were found to contain information that would qualify them for a finding of significance and/or eligibility for listing under any significance criteria. The site is highly disturbed from high velocity colluvial events and thus has a low sensitivity to the discovery of significant archaeological resources. 2. The proposed Project would not cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with the cultural value to a California Native American tribe, and that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k). The EIR did not identify previously recorded built environmental resources in the Project Area, and the pedestrian survey only identified homestead structures, water conveyance systems, remnants of mining operations, and transmission lines. These resources were found ineligible for the California Register of Historic Resources or local listing for tribal cultural resources. 3. The Project will not contribute to any adverse cumulative impacts involving cultural or tribal resources. E. ENERGY 1. The proposed Project would not result in potentially significant environmental impacts due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation. During Project construction, electricity usage and demand would be within the supply and infrastructure service capabilities of the Project's electric utility, Southern California Edison, and equipment would be powered off when not in use. Construction activities typically do not consume natural gas, and while construction Resolution No. 19-082 - Page 11 of 103 activities would require petroleum-based fuel for construction transportation and construction equipment, its usage would comply with all energy efficiency standards and regulations. During Project operation, energy would be used for multiple purposes associated with residential and commercial development, including lighting, air conditioning/heating, and refrigeration. The Project's compliance with the California Green Building Standards Code, including new requirements for rooftop solar in new residential developments, would significantly reduce the Project's electrical and natural gas demand. While the Project would result in the addition of 35,446 trips, further improvements and mandates involving fuel efficiency and alternative transportation options, in addition to mitigation measures intended to reduce miles traveled, would reduce the Project's overall petroleum usage. As a result, the Project's proportional impact on petroleum usage statewide would be negligible. 2. The proposed Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. Construction and operation of the Project would not result in an increase in demand for electricity or natural gas that exceeds available supply or distribution infrastructure capabilities that could result in the construction of new energy facilities or expansion of existing facilities, for which could cause significant environmental effects. Therefore, Project construction and operation impacts to energy infrastructure capacity would be less than significant. 3. The proposed Project would not result in a cumulatively significant impact on energy usage. Buildout of the Project Site, along with related projects and projected growth, would necessary increase energy usage in Southern California Edison's service area, the total usage is relatively small given the utility's anticipated growth. In addition, all new residential and commercial projects will be required to comply with higher efficiency standards in the State's Green Building Standards Code. A similar analysis and conclusion is reached with respect to SoCalGas in terms of natural gas usage. Furthermore, increases in fuel efficiency will reduce cumulative impacts in petroleum usage to a less than significant level. 4. The proposed Project would not result in a cumulatively considerable impact on energy infrastructure or resources. F. GEOLOGY AND SOILS 1. The proposed Project would not directly or indirectly cause potential substantial adverse effects involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map, issued by the State Geologist for the area or based on other substantial evidence of a known fault. Current code restrictions prohibit constructing structures for human occupancy across the trace of activity faults, and no structures would be built within the active portion of the Etiwanda Scarp portion of the Etiwanda Fault. 2. The proposed Project would not expose people or structures to potential substantial adverse effects involving strong seismic ground shaking. Regulatory compliance with building codes will not cause the Project to exacerbate existing seismic conditions. 3. The proposed Project would not expose people or structures to potential substantial adverse effects involving seismic-related ground failure, including liquefaction. Regulatory compliance with building codes will not cause the Project to exacerbate existing seismic conditions. Resolution No. 19-082 - Page 12 of 103 4. The proposed Project will not contribute to any adverse cumulative impacts involving geology and soils. G. HAZARDS AND HAZARDOUS MATERIALS 1. The proposed Project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Compliance with standard state and federal regulatory requirements would avoid any potential impacts. 2. The proposed Project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? The EIR did not anticipate that acutely hazardous materials would be used within the Project Area, but to the extent any are, they would be required to be handled in accordance with applicable local, State, and Federal regulations governing the handling of such materials. 3. The proposed Project would not be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. 4. The proposed Project is not located within an airport land use plan, but would not result in a safety hazard or excessive noise for people residing or working in the Project area. 5. The proposed Project will not result in any cumulatively considerable effects on hazards and hazards materials. H. HYDROLOGY AND WATER QUALITY 1. The proposed Project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality. Most construction activities associated with buildout of the Project Site will be regulated under the NPDES General Construction Activity Permit(SWRCB Order No. 2012-0006-DWG), and each building tract would be required to prepare a site-specific Storm Water Pollution Prevention Plan (SWPPP) pursuant to said permit. Each SWPPP will include a variety of BMPs to ensure that construction-based runoff will not degrade water quality. Project operation will incorporate low impact development features, such as bioswales, park ponds, and detention ponds, that limit stormwater runoff. Each project within the Project Site will be required to maintain the BMPs that are incorporated into their projects, pursuant to the City's Code. 2. The proposed Project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the Project may impede sustainable groundwater management of the China Groundwater Basin. Based on a Project- specific water demand analysis prepared by the Cucamonga Valley Water District, which analyzed potential effects on groundwater supply and recharge, the Project's water demand would not substantially decrease groundwater supplies. Furthermore, the Project Site contains the Day Creek Spreading Grounds , which retains surface water long enough for it to percolate into the soil. And up to 80 percent of annual rainfall will be filtered and contribute to groundwater recharge using the BMPs discussed above. Resolution No. 19-082 - Page 13 of 103 3. The proposed Project would not: (1) substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial erosion or siltation on- or off-site; (2) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; (3)create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or(4) impede or redirect flood flows. During construction, the preparation and implementation of SWPPPs for each development within the Project Site will reduce the potential for siltation, erosion, and hazardous materials spills. In addition, the implementation each SWPPPs BMPs would reduce on- and off-site flooding and would not create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial sources of polluted runoff. Operation of the Project would not alter draining flows or flood control features. Project features include detention ponds, park ponds, street-side bioswales, and spillways designed to safely convey existing condition peak flows. Channel grading of the new Day Creek Greenway and modifications to the Deer Creek Greenway will allow runoff to safely be routed to the ultimate discharge location. 4. The proposed Project will not result in flood hazard, tsunami, or seiche zones, risk release of pollutants due to Project inundation. The San Bernardino County Flood Control District's flood control facilities, including the Day Creek Debris Dam and the Day Creek Spreading Grounds, have been analyzed by the Federal Emergency Management Agency and District and determined to be sufficient to avoid flooding. This is true even with the removal of the flood control property that encompasses the Project Site. Furthermore, no portion of the Neighborhood Area, where residential development is most predominant, is located within a 100-year floodplain. 5. The proposed Project would not conflict with or obstruct implementation of a Water Quality Control Plan or sustainable groundwater management plan. The Project will be required to comply with the regional Water Quality Management Plan (WQMP), as required by the municipal stormwater permit. In addition, the Chino and Cucamonga Basins are adjudicated basins, and are expressly exempt from the 2014 Sustainable Groundwater Management Act. 6. The proposed Project would not result in a cumulative impact on hydrology or water quality. Like all other anticipated projects, this Project must comply with the NPDES General Construction Permit and will be required to prepare low impact development BMPs pursuant to the regional WQMP. The proposed storm drain system would provide sufficient volume to treat storm water for water quality purposes and is designed to properly convey the increased runoff attributable to site development. In addition, the Project's drainage system would discharge stormwater flows in a non-erosive manner and therefore would not increase cumulative flooding potential. 7. Hydrology and water quality impacts will not be cumulatively considerable. I. LAND USE AND PLANNING 1. The proposed Project would not physically divide an established community. The Neighborhood Area would be developed between two existing neighborhoods in surplus flood control property. By extending Wilson Avenue through the Project Area and improving and extending Milliken and Rochester Avenues, the Project would complement and complete the existing development pattern in the area. Resolution No. 19-082 - Page 14 of 103 J. MINERAL RESOURCES 1. The Project would not result in the loss of availability of a locally important mineral resource recovery site delineated in the General Plan, the North Etiwanda Specific Plan, or other land use plan. K. NOISE 1. The proposed Project would not generate excessive ground-borne vibration or ground-borne noise levels. 2. The proposed Project is not located within the vicinity of a private airstrip or an airport land use plan. 3. The proposed Project will not result in cumulatively significant noise impacts, including construction and operational noise. L. POPULATION AND HOUSING 1. The proposed Project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere. M. PUBLIC SERVICES AND RECREATION 1. The proposed Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for fire protection. Based on consultation with the Rancho Cucamonga Fire Protection District(RCFPD), the Project Area can be adequately served by existing fire stations and no new or altered facilities are needed to serve the Project's use. The Project's extension of Wilson Avenue, Milliken Avenue, and Day Creek Boulevard would provide adequate access for emergency vehicles and residents in the event of an emergency. 2. The proposed Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for police protection. Although the Project would result in increased demand for police services, the San Bernardino County Sheriff's Department who have adequate service provided from existing Sheriff's facilities. The Project also includes a police substation as part of the Project's planned Joint Use Public Facility, which would provide additional facilities to meet demand. 3. The proposed Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for schools. The need for additional school facilities to accommodate the Project's anticipated 2,188 students is addressed through each individual project's payment of school impact fees to the school districts that will serve the Project Area. Resolution No. 19-082 - Page 15 of 103 4. The proposed Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for library services. The State service standard for library facilities is 10,000 square feet per 50,000 residents. The City's existing libraries, at 47,350 square feet can serve an estimated population of 236,750, and are therefore adequate to serve the anticipated growth from the Project. 5. The proposed Project would not(1) result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for parks; (2) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. or(3) include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. The Project would increase park and recreational service demands based on population increases. In order to accommodate these plans, the Project includes the construction and operation of numerous park and recreational facilities, in addition to a proposed Joint Use Public Facility to be shared by the City's Community Services, Library Services, and law enforcement departments. In addition, the Rural/Conservation Area would include new and connecting trails intended to serve the public. According to the EIR, these facilities will not cause a significant adverse impact on the environment. 6. The proposed Project would not have a cumulatively considerable contribution to impacts related to fire protection, police protection, schools, or other public facilities. The cumulative impacts of the Project and similar projects that are in various stages of development may cause a need to advance plan for the RCFPD's proposed Station 178, which would reduce the call volume of surrounding fire stations that will be impacted by future growth. As the RCFPD is funded by property taxes, any increase in development will cause the RCFPD to evaluate service demands and direct resources to ensure that service demands are met. New developments must pay a development impact fee to fund new police services and contribute property tax revenue. The City will monitor police staffing levels and facilities to ensure that any future increase in demand is adequately met. Similarly, the payment of school impact, library, and park impact fees in the Project Area and surrounding area will allow the City and school districts to develop facilities to meet increases in demand. 7. The proposed Project will not have cumulatively considerable impacts on public services or recreational facilities. N. TRANSPORTATION AND TRAFFIC 1. The proposed Project would not result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. The Project Area is not located in an airport land use influence area, nor does the Project include any characteristics that would change air traffic in the area. The additional population generated by the Project would not result in any substantial increase in air traffic levels at regional airports. Resolution No. 19-082 - Page 16 of 103 2. The proposed Project would not substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). The Specific Plan does not include any such specific design features and future development in the Project Area will be reviewed for conformance with safe street and highway design. 3. The proposed Project would not result in inadequate emergency access. The Specific Plan's proposed street network is adequate to provide access for police, fire, and other emergency vehicles into the Project Area. In addition, future development in the Project Area will be reviewed to ensure that access is designed in accordance with emergency access plans developed for the Project. 4. The proposed Project would not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. 5. The proposed Project would not conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b), criteria for analyzing transportation impacts. Based on Vehicle Miles Travelled (VMT)guidance provided in the December 2018 Technical Advisory on Evaluating Transportation Impacts under CEQA, the Office of Planning and Research recommends that a per capita or per employee VMT that is 15 percent below that of existing development may indicate that transportation impacts would be less than significant. The Project would generate VMT of approximately 30.40 VMT/service population. This is expected to perform better than 15 percent below comparable regions from a VMP perspective, and 19 percent better that than the City and 21 percent better than the San Bernardino County Valley Region. It should be noted that conformance with VMT as a threshold of significance for traffic is not required until July 1, 2020. O. UTILITIES AND SEWER SERVICE 1. Sufficient water supplies are available to serve the Project and reasonably foreseeable future development during normal, dry, and multiple dry years. 2. The wastewater treatment provider which serves or may serve the Project has determined that it has adequate capacity to serve the Project's projected demand in addition to the provider's existing commitments. 3. The proposed Project would not generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. 4. The proposed Project would comply with federal, state, and local management and reduction statutes and regulations related to solid waste. 5. The proposed Project will not result in cumulatively considerable impacts to utilities and sewer service. Resolution No. 19-082 - Page 17 of 103 VI. Potentially Significant Environmental Impacts Determined to be Mitigated to a Less Than Significant Level. The EIR identified the potential for the Project to cause significant environmental impacts in the areas of Cultural and Tribal Resources, Geology and Soils, Hazards and Hazardous Materials, Noise, and Utilities and Service Systems. Measures have been identified that would mitigate all of the impacts in this section to a less than significant level. The City Council finds that mitigation measures identified in the Final EIR would reduce the Project's impacts to a less than significant level,with the exception of those unmitigable impacts discussed in Section VI. The City Council adopts all of the feasible mitigation measures for the Project described in the Final EIR as conditions of approval of the Project and incorporates those into the Project, as discussed more fully in the Mitigation Monitoring and Reporting Program. A. CULTURAL AND TRIBAL RESOURCES 1. Cultural Resources Threshold CUL-2: The Project has the potential to cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 of the Public Resources Code. a. Findings The proposed Project has the potential to cause a substantial adverse change in the significance of an archeological resource pursuant to Section 15064.5 of the Public Resources Code. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects to such archeological resources as identified in the Final EIR. Specifically, the following measure has been included to ensure that the Project's impacts are less than significant. Mitigation Measure MM TCUL-1: Unanticipated Discovery of Cultural Resources. In the unlikely event that cultural resources are exposed during construction activities for the proposed EHNCP, all construction work occurring within 100 feet of the find shall immediately stop until a qualified archaeologist, meeting the Secretary of the Interior's Professional Qualification Standards, can evaluate the significance of the find and determine whether or not additional study is warranted. Depending upon the significance of the find, the archaeologist may simply record the find and allow work to continue. If the discovery proves significant under CEQA, additional work, such as preparation of an archaeological treatment plan, testing, or data recovery, may be warranted. Mitigation Measure MM TCUL-3: Retain a Native American Monitor/Consultant. The Project Applicant shall be required to retain and compensate for the services of a Tribal monitor/consultant who is both approved by the Gabrieleno Band of Mission Indians-Kizh Nation Tribal Government and is listed under the NAHC's Tribal Contact list for the area of the project location.This list is provided by the NAHC.The monitor/consultant will only be present on-site during the construction phases that involve ground disturbing activities. Ground disturbing activities are defined by the Gabrieleno Band of Mission Indians-Kizh Nation as activities that may include, but Resolution No. 19-082 - Page 18 of 103 are not limited to, pavement removal, pot-holing or auguring, grubbing, tree removals, boring,grading,excavation, drilling,and trenching,within the project area. The Tribal Monitor/consultant will complete daily monitoring logs that will provide descriptions of the day's activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when the project site grading and excavation activities are completed, or when the Tribal Representatives and monitor/consultant have indicated that the site has a low potential for impacting Tribal Cultural Resources. Unanticipated Discovery of Tribal Cultural and Archaeological Resources: Upon discovery of any archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant approved by the Gabrieleno Band of Mission Indians-Kizh Nation. If the resources are Native American in origin, the Gabrieleno Band of Mission Indians-Kizh Nation shall coordinate with the landowner regarding treatment and curation of these resources.Typically,the Tribe will request reburial or preservation for educational purposes.Work may continue on other parts of the project while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section 15064.5 [f]). If a resource is determined by the qualified archaeologist to constitute a "historical resource" or "unique archaeological resource", time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and Public Resources Code Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to a local school or historical society in the area for educational purposes. Unanticipated Discovery of Human Remains and Associated Funerary Objects: Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects,called associated grave goods in PRC 5097.98,are also to be treated according to this statute. Health and Safety Code 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and excavation halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission (NAHC) and PRC 5097.98 shall be followed. Resource Assessment & Continuation of Work Protocol: Upon discovery, the tribal and/or archaeological monitor/consultant/consultant will immediately divert Resolution No. 19-082 - Page 19 of 103 work at minimum of 150 feet and place an exclusion zone around the burial. The monitor/consultant(s)will then notify the Tribe,the qualified lead archaeologist, and the construction manager who will call the coroner.Work will continue to be diverted while the coroner determines whether the remains are Native American. The discovery is to be kept confidential and secure to prevent any further disturbance. If the finds are determined to be Native American,the coroner will notify the NAHC as mandated by state law who will then appoint a Most Likely Descendent(MLD). Kizh-Gabrieleno Procedures for burials and funerary remains: If the Gabrieleno Band of Mission Indians — Kizh Nation is designated MLD, the following treatment measures shall be implemented. To the Tribe, the term "human remains" encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the burial of funerary objects with the deceased, and the ceremonial burning of human remains.These remains are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Treatment Measures: Prior to the continuation of ground disturbing activities, the land owner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects. In the case where discovered human remains cannot be fully documented and recovered on the same day,the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available,a 24-hour guard should be posted outside of working hours. The Tribe will make every effort to recommend diverting the project and keeping the remains in situ and protected. If the project cannot be diverted, it may be determined that burials will be removed. The Tribe will work closely with the qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the Tribe, documentation shall be taken which includes at a minimum detailed descriptive notes and sketches. Additional types of documentation shall be approved by the Tribe for data recovery purposes. Cremations will either be removed in bulk or by means as necessary to ensure completely recovery of all material. If the discovery of human remains includes four or more burials,the location is considered a cemetery and a separate treatment plan shall be created. Once complete, a final report of all activities is to be submitted to the Tribe and the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive diagnostics on human remains. Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags.All human remains,funerary objects,sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible.These items should be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the project site but at a location agreed upon between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered. Professional Standards: Archaeological and Native American monitoring and excavation during construction projects will be consistent with current professional Resolution No. 19-082 - Page 20 of 103 standards. All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken. Principal personnel must meet the Secretary of Interior standards for archaeology and have a minimum of 10 years of experience as a principal investigator working with Native American archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified. Mitigation Measure MM TCUL-4: In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer)shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed within TCR-1, regarding any pre-contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment. If significant pre-contact cultural resources,as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan,the drafts of which shall be provided to SMBMI for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly. If human remains or funerary objects are encountered during any activities associated with the project,work in the immediate vicinity(within a 100-foot buffer of the find)shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code§7050.5 and that code enforced for the duration of the project. The San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed in CR-1, of any pre-contact cultural resources discovered during project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA(as amended,2015),a cultural resource Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with SMBMI, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents SMBMI for the remainder of the project,should SMBMI elect to place a monitor on-site.Any and all archaeological/cultural documents created as a part of the project(isolate records, site records,survey reports,testing reports,etc.)shall be supplied to the applicant and Lead Agency for dissemination to SMBMI. The Lead Agency and/or applicant shall, in good faith, consult with SMBMI throughout the life of the project. Any and all interpretive cultural information relating to Native Americans created as a part of the project shall be subject to review and approval by SMBMI. b. Facts in Support of Findings Two Built Environment Pedestrian Surveys were conducted for the Neighborhood Area and one such survey was conducted of the southern portion of the Rural/Conservation Area (proposed Etiwanda Heights Preserve)of the Project Site. The surveys identified six archaeological resources, including three historic isolates and three archaeological sites in the Neighborhood Area, but none of these resources qualified for listing in the California Register of Historical Resources under any Resolution No. 19-082 - Page 21 of 103 significance criteria. Further, the Neighborhood Area's geology is unlikely to produce significant archaeological resources during ground breaking activities. However, ground breaking activities during construction and development of the Project have a potential to uncover previously unidentified archaeological resources within the Project Site. Mitigation Measure MM TCLU-1 requires all construction work within 100 feet of an exposed cultural resource to immediately stop until a qualified archaeologist, meeting the Secretary of the Interior's Professional Qualification Standards, can evaluate the significance of the resource and determine whether or not additional study is warranted. If the resources provides significant under CEQA, additional work, such as preparation of an archaeological treatment plan, testing, or data recovery, may be warranted. Through the tribal consultation process under AB 52, Mitigation Measures TCUL-3 and TCUL-4 were incorporated into the Project to address comments raised by the San Manuel Band of Mission Indians and Gabrieleno Band of Mission Indians-Kitzh Nation. This mitigation measure would ensure that any potential unanticipated impacts to archaeological resources are reduced to less than significant. Threshold CUL-2: The Project has the potential to disturb human remains, including those interred outside of formal cemeteries. a. Findings The proposed Project has the potential to disturb human remains, including those interred outside of formal cemeteries. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the significant effects to human remains, if any, as identified in the Final EIR. Specifically the following measures have been included to ensure that the Project's potential cultural resource impacts remain less than significant. Mitigation Measure MM TCUL-1: Unanticipated Discovery of Cultural Resources. In the unlikely event that cultural resources are exposed during construction activities for the proposed EHNCP, all construction work occurring within 100 feet of the find shall immediately stop until a qualified archaeologist, meeting the Secretary of the Interior's Professional Qualification Standards, can evaluate the significance of the find and determine whether or not additional study is warranted. Depending upon the significance of the find, the archaeologist may simply record the find and allow work to continue. If the discovery proves significant under CEQA, additional work, such as preparation of an archaeological treatment plan, testing, or data recovery, may be warranted. Mitigation Measure MM TCUL-2: Unanticipated Discovery of Human Remains. In accordance with Section 7050.5 of the California Health and Safety Code, if human remains are found, the San Bernardino County Coroner shall be notified within 24 hours of the discovery. No further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the coroner has determined, within 2 working days of notification of the discovery, the appropriate treatment and disposition of the human remains. If the remains are determined to be Native American, the coroner shall notify the Native American Heritage Commission (Neighborhood AreaHC) in Sacramento within 24 hours. In accordance with California Public Resources Code, Section 5097.98, the Neighborhood AreaHC must immediately notify those persons it believes to be the Resolution No. 19-082 - Page 22 of 103 Most Likely Descendant(MLD)from the deceased Native American.The MLD shall complete their inspection within 48 hours of being granted access to the site. The designated Native American representative would then determine, in consultation with the Property Owner, the disposition of the human remains. Mitigation Measure MM TCUL-3: Retain a Native American Monitor/Consultant. The Project Applicant shall be required to retain and compensate for the services of a Tribal monitor/consultant who is both approved by the Gabrieleno Band of Mission Indians-Kizh Nation Tribal Government and is listed under the NAHC's Tribal Contact list for the area of the project location.This list is provided by the NAHC.The monitor/consultant will only be present on-site during the construction phases that involve ground disturbing activities. Ground disturbing activities are defined by the Gabrieleno Band of Mission Indians-Kizh Nation as activities that may include, but are not limited to, pavement removal, pot-holing or auguring, grubbing, tree removals, boring, grading, excavation,drilling, and trenching,within the project area. The Tribal Monitor/consultant will complete daily monitoring logs that will provide descriptions of the day's activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when the project site grading and excavation activities are completed, or when the Tribal Representatives and monitor/consultant have indicated that the site has a low potential for impacting Tribal Cultural Resources. Unanticipated Discovery of Tribal Cultural and Archaeological Resources: Upon discovery of any archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant approved by the Gabrieleno Band of Mission Indians-Kizh Nation. If the resources are Native American in origin, the Gabrieleno Band of Mission Indians-Kizh Nation shall coordinate with the landowner regarding treatment and curation of these resources.Typically,the Tribe will request reburial or preservation for educational purposes.Work may continue on other parts of the project while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section 15064.5 [f]). If a resource is determined by the qualified archaeologist to constitute a "historical resource" or "unique archaeological resource", time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and Public Resources Code Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to a local school or historical society in the area for educational purposes. Resolution No. 19-082 - Page 23 of 103 Unanticipated Discovery of Human Remains and Associated Funerary Objects: Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects,called associated grave goods in PRC 5097.98,are also to be treated according to this statute. Health and Safety Code 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and excavation halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission (NAHC) and PRC 5097.98 shall be followed. Resource Assessment & Continuation of Work Protocol: Upon discovery, the tribal and/or archaeological monitor/consultant/consultant will immediately divert work at minimum of 150 feet and place an exclusion zone around the burial. The monitor/consultant(s)will then notify the Tribe,the qualified lead archaeologist, and the construction manager who will call the coroner.Work will continue to be diverted while the coroner determines whether the remains are Native American. The discovery is to be kept confidential and secure to prevent any further disturbance. If the finds are determined to be Native American, the coroner will notify the NAHC as mandated by state law who will then appoint a Most Likely Descendent(MLD). Kizh-Gabrieleno Procedures for burials and funerary remains: If the Gabrieleno Band of Mission Indians — Kizh Nation is designated MLD, the following treatment measures shall be implemented. To the Tribe, the term "human remains" encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the burial of funerary objects with the deceased, and the ceremonial burning of human remains.These remains are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Treatment Measures: Prior to the continuation of ground disturbing activities, the land owner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects. In the case where discovered human remains cannot be fully documented and recovered on the same day,the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be posted outside of working hours. The Tribe will make every effort to recommend diverting the project and keeping the remains in situ and protected. If the project cannot be diverted, it may be determined that burials will be removed. The Tribe will work closely with the qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the Tribe, documentation shall be taken which includes at a minimum detailed descriptive notes and sketches. Additional types of documentation shall be approved by the Tribe for data recovery purposes. Cremations will either be removed in bulk or by means as necessary to ensure completely recovery of all material. If the discovery of Resolution No. 19-082 - Page 24 of 103 human remains includes four or more burials, the location is considered a cemetery and a separate treatment plan shall be created. Once complete, a final report of all activities is to be submitted to the Tribe and the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive diagnostics on human remains. Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags.All human remains,funerary objects,sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible.These items should be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the project site but at a location agreed upon between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered. Professional Standards: Archaeological and Native American monitoring and excavation during construction projects will be consistent with current professional standards. All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken. Principal personnel must meet the Secretary of Interior standards for archaeology and have a minimum of 10 years of experience as a principal investigator working with Native American archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified. Mitigation Measure MM TCUL-4: In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer)shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed within TCR-1, regarding any pre-contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment. If significant pre-contact cultural resources,as defined by CEQA(as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan,the drafts of which shall be provided to SMBMI for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly. If human remains or funerary objects are encountered during any activities associated with the project,work in the immediate vicinity(within a 100-foot buffer of the find)shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code§7050.5 and that code enforced for the duration of the project. The San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed in CRA, of any pre-contact cultural resources discovered during project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA(as amended, 2015), a cultural resource Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with SMBMI, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents SMBMI for the remainder of the project,should SMBMI elect to place a monitor on-site.Any and all archaeological/cultural documents created as a part of Resolution No. 19-082 - Page 25 of 103 the project(isolate records,site records,survey reports,testing reports,etc.)shall be supplied to the applicant and Lead Agency for dissemination to SMBMI. The Lead Agency and/or applicant shall, in good faith, consult with SMBMI throughout the life of the project. Any and all interpretive cultural information relating to Native Americans created as a part of the project shall be subject to review and approval by SMBMI. b. Facts in Support of Findings No known conditions exist within the Rural/Conservation Area that suggest that human remains are likely to be found. Furthermore, the California Native American Commission's Sacred Lands File does not indicate the presence of Native American cultural resources within the Project Area. There are no formal cemeteries within the Project Area. As a result, it is unlikely that human remains would be encountered during ground disturbing activities associated with the Project. However, the possibility remains that human remains could be encountered within the Project Area during ground disturbing activities, and they must be handled and treated in accordance with applicable laws, including Health and Safety Code Sections 7050.5-7055 and Public Resources Code Section 5097.98. Mitigation Measure MM TCUL-1 requires the completion of an archaeological monitoring plan prior to earth-moving activities and would require a qualified archaeologist to implement procedures for temporarily halting or redirecting work to permit the sample, identification,and evaluation of the remains,as appropriate. Mitigation Measure MM TCUL- 2 would require notification of the County Coroner within 24 hours of the discovery of human remains so that the Coroner may handle and identify the remains. Through the tribal consultation process under AB 52, Mitigation Measures TCUL-3 and TCUL-4 were incorporated into the Project to address comments raised by the San Manuel Band of Mission Indians and Gabrieleno Band of Mission Indians-Kitzh Nation. These mitigation measures would ensure that any potential unanticipated impacts to archaeological resources involving human remains are reduced to less than significant. 2. Impacts to Tribal Resources Threshold TCUL-2: The proposed Project has the potential to cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with the cultural value to a California Native American tribe, and that is a resource determined by the Lead Agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c11) of Public Resources Code Section 5024.1. a. Findings The proposed Project has a potential to cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with the cultural value to a California Native American tribe. Specifically, the following measures have been included to ensure that the Project's potential tribal resource impacts remain less than significant. Resolution No. 19-082 - Page 26 of 103 Mitigation Measure MM TCUL-1: Unanticipated Discovery of Cultural Resources. In the unlikely event that cultural resources are exposed during construction activities for the proposed EHNCP, all construction work occurring within 100 feet of the find shall immediately stop until a qualified archaeologist, meeting the Secretary of the Interior's Professional Qualification Standards, can evaluate the significance of the find and determine whether or not additional study is warranted. Depending upon the significance of the find, the archaeologist may simply record the find and allow work to continue. If the discovery proves significant under CEQA, additional work, such as preparation of an archaeological treatment plan, testing, or data recovery, may be warranted. Mitigation Measure MM TCUL-2: Unanticipated Discovery of Human Remains. In accordance with Section 7050.5 of the California Health and Safety Code, if human remains are found, the San Bernardino County Coroner shall be notified within 24 hours of the discovery. No further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the coroner has determined, within 2 working days of notification of the discovery, the appropriate treatment and disposition of the human remains. If the remains are determined to be Native American, the coroner shall notify the Native American Heritage Commission (Neighborhood AreaHC) in Sacramento within 24 hours. In accordance with California Public Resources Code, Section 5097.98, the Neighborhood AreaHC must immediately notify those persons it believes to be the Most Likely Descendant(MLD)from the deceased Native American.The MLD shall complete their inspection within 48 hours of being granted access to the site. The designated Native American representative would then determine, in consultation with the Property Owner, the disposition of the human remains. Mitigation Measure MM TCUL-3: Retain a Native American Monitor/Consultant. The Project Applicant shall be required to retain and compensate for the services of a Tribal monitor/consultant who is both approved by the Gabriele-no Band of Mission Indians-Kizh Nation Tribal Government and is listed under the NAHC's Tribal Contact list for the area of the project location.This list is provided by the NAHC.The monitor/consultant will only be present on-site during the construction phases that involve ground disturbing activities. Ground disturbing activities are defined by the Gabrieleno Band of Mission Indians-Kizh Nation as activities that may include, but are not limited to, pavement removal, pot-holing or auguring, grubbing, tree removals, boring, grading, excavation,drilling,and trenching,within the project area. The Tribal Monitor/consultant will complete daily monitoring logs that will provide descriptions of the day's activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when the project site grading and excavation activities are completed, or when the Tribal Representatives and monitor/consultant have indicated that the site has a low potential for impacting Tribal Cultural Resources. Unanticipated Discovery of Tribal Cultural and Archaeological Resources: Upon discovery of any archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant approved by the Gabrieleno Band of Mission Indians-Kizh Nation. If the resources are Native American in origin, Resolution No. 19-082 - Page 27 of 103 the Gabrieleno Band of Mission Indians-Kizh Nation shall coordinate with the landowner regarding treatment and curation of these resources.Typically,the Tribe will request reburial or preservation for educational purposes.Work may continue on other parts of the project while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section 15064.5 [f]). If a resource is determined by the qualified archaeologist to constitute a "historical resource" or "unique archaeological resource", time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and Public Resources Code Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials,such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to a local school or historical society in the area for educational purposes. Unanticipated Discovery of Human Remains and Associated Funerary Objects: Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects,called associated grave goods in PRC 5097.98,are also to be treated according to this statute. Health and Safety Code 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and excavation halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission (NAHC) and PRC 5097.98 shall be followed. Resource Assessment & Continuation of Work Protocol: Upon discovery, the tribal and/or archaeological monitor/consultant/consultant will immediately divert work at minimum of 150 feet and place an exclusion zone around the burial. The monitor/consultant(s)will then notify the Tribe, the qualified lead archaeologist, and the construction manager who will call the coroner.Work will continue to be diverted while the coroner determines whether the remains are Native American. The discovery is to be kept confidential and secure to prevent any further disturbance. If the finds are determined to be Native American,the coroner will notify the NAHC as mandated by state law who will then appoint a Most Likely Descendent(MLD). Kizh-Gabrieleno Procedures for burials and funerary remains: If the Gabrieleno Band of Mission Indians — Kizh Nation is designated MLD, the following treatment measures shall be implemented. To the Tribe, the term "human remains" encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the burial of funerary objects with the deceased, and the ceremonial burning of human remains.These remains are to be treated in the same manner as bone fragments that remain intact. Associated Resolution No. 19-082 - Page 28 of 103 funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Treatment Measures: Prior to the continuation of ground disturbing activities, the land owner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be posted outside of working hours. The Tribe will make every effort to recommend diverting the project and keeping the remains in situ and protected. If the project cannot be diverted, it may be determined that burials will be removed. The Tribe will work closely with the qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the Tribe, documentation shall be taken which includes at a minimum detailed descriptive notes and sketches. Additional types of documentation shall be approved by the Tribe for data recovery purposes. Cremations will either be removed in bulk or by means as necessary to ensure completely recovery of all material. If the discovery of human remains includes four or more burials,the location is considered a cemetery and a separate treatment plan shall be created. Once complete, a final report of all activities is to be submitted to the Tribe and the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive diagnostics on human remains. Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags.All human remains,funerary objects,sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible.These items should be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the project site but at a location agreed upon between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered. Professional Standards: Archaeological and Native American monitoring and excavation during construction projects will be consistent with current professional standards. All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken. Principal personnel must meet the Secretary of Interior standards for archaeology and have a minimum of 10 years of experience as a principal investigator working with Native American archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified. Mitigation Measure MM TCUL-4: In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer)shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed within TCR-1, regarding any Resolution No. 19-082 - Page 29 of 103 pre-contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment. If significant pre-contact cultural resources,as defined by CEQA(as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan,the drafts of which shall be provided to SMBMI for review and comment,as detailed within TCR-1.The archaeologist shall monitor the remainder of the project and implement the Plan accordingly. If human remains or funerary objects are encountered during any activities associated with the project,work in the immediate vicinity(within a 100-foot buffer of the find)shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code§7050.5 and that code enforced for the duration of the project. The San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed in CR-1, of any pre-contact cultural resources discovered during project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA(as amended,2015), a cultural resource Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with SMBMI, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents SMBMI for the remainder of the project,should SMBMI elect to place a monitor on-site.Any and all archaeological/cultural documents created as a part of the project(isolate records,site records, survey reports,testing reports,etc.)shall be supplied to the applicant and Lead Agency for dissemination to SMBMI. The Lead Agency and/or applicant shall, in good faith, consult with SMBMI throughout the life of the project. Any and all interpretive cultural information relating to Native Americans created as a part of the project shall be subject to review and approval by SMBMI. b. Facts in Support of Findings No previously recorded tribal cultural resources have been identified within the Project Area, based on a review of the Native American Heritage Commission's Sacred Lands File for the Project Area. The resources identified in the Project Area consist of historic era homestead structures, water conveyance systems, remands of mining operations,and transmission lines. The City contacted the San Manuel Band of Mission Indians,the Morongo Band of Mission Indians,the Gabrieleno Band of Mission Indians-Kizh Nation as part of its outreach and consultation requirements under SB 18 and AB 52. The San Manuel Band of Mission Indians informed the City that portions of the Rural/Conservation Area are in the City's ancestral territory and recommended certain mitigation measures to reduce impacts on their tribal resources. Through the tribal consultation process under AB 52, Mitigation Measures TCUL-3 and TCUL-4 were incorporated into the Project to address comments raised by the San Manuel Band of Mission Indians and Gabrieleno Band of Mission Indians-Kitzh Nation. Although ground breaking activities in the Rural/Conservation Area are expected to be minimal, Mitigation Measures MM TCUL-1 through TCUL-4 would ensure that any potential unanticipated impacts to tribal cultural resources are reduced to less than significant. B. GEOLOGY AND SOILS 1. Landslides Resolution No. 19-082 - Page 30 of 103 Threshold GEO-4: The proposed Project has the potential to expose people or structures to potential substantial adverse effects involving landslide. a. Findings The proposed Project has the potential to expose people or structures to potential substantial adverse effects involving landslide. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects involving landslides as identified in the Final EIR. Specifically, the following measure has been included to ensure that the Project's impacts are less than significant. Mitigation Measure MM GEO-1 Landslides.The potential for seismically induced landslides and slope instability shall be investigated during future geotechnical studies. If the studies suggest slope instability is a concern, remedial recommendations to limit slope instability, such as construction of slope stability buttresses, installation of soil nails or anchors, or redesign of slopes, should be provided. Appropriate implementation of grading and slope stabilization recommendations is expected to reduce the impact of seismically induced landslides. b. Facts in Support of Findings The Neighborhood Area is relatively flat and contains minimal rises or elevation changes, with no major slopes or bluffs. As such, the Neighborhood Area would likely not be subject to landslide risks. However, the northern portion of the Rural/Conservation Area is within a moderate to high potential landslide susceptibility zone, and the presence of relatively high topographic relief across the Rural/Conservation Area raises the potential hazards from slope instability. Thus,development within this area must be evaluated during geotechnical investigations for individual projects within the Project Area. To that end, Mitigation Measure MM GEO-1 has been added to the Project in order to require an investigation of seismically induced landslides and slope instability for each individual project. With this measure, the potential for environmental effects associated with landslides are reduced to a less than significant level. 2. Erosion Threshold GEO-5: The proposed Project has the potential to result in substantial soil erosion or the loss of topsoil. a. Findings The proposed Project has the potential to result in substantial soil erosion or the loss of topsoil. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects to involving soil erosion as identified in the Final EIR. Specifically,the following measures has been included to ensure that the Project's impacts are less than significant. Mitigation Measure MM GEO-2 Compressible Soils. Future site-specific geotechnical investigations of planned development shall be conducted. These investigations should identify potentially compressible soils. Implementation of the recommended removal and re-compaction of the near surface soils should mitigate the significant portion of the soils that are prone to compression on-site. In addition, if Resolution No. 19-082 - Page 31 of 103 deep artificial fill is to be placed in the abandoned quarry(or in other areas), specific recommendations for placement and settlement monitoring of these fills will be required. Delay in construction while the settlement of the deep artificial fills reduces to acceptable limits may be necessary. Geotechnical studies with recommendations specifically addressing these issues will be required if deep fills are planned. Mitigation Measure MM GEO-3 Erosion.The potential for erosion can typically be reduced by appropriate paving of exposed ground surfaces, landscaping, providing terraces on slopes, placing berms or V-ditches at the tops of slopes, and installing adequate storm drain systems. Graded slopes must be protected until healthy plant growth is established. Typically, protection can be provided by the use of sprayed polymers, straw waddles, jute mesh or by other measures. Temporary erosion control measures must be provided during construction, as required by current grading codes.Such measures typically include temporary catchment basins and/or sandbagging to control runoff and contain sediment transport within the individual project sites. Correct implementation of these erosion control measures is expected to reduce the impact resulting from erosion. Mitigation Measure MM GEO-4 Rippability and Oversized Rock. Future site specific geotechnical investigations of planned development shall be conducted. These investigations must identify areas of hard rock and oversize rock. Adjusting the grades so as to not encounter the nonrippable rock will reduce the impact from the non-rippable material to less than significant.Oversized rocks should be handled as recommended by the geotechnical consultants of the specific projects. Examples of oversized rock treatment includes placement in deeper fills, nonstructural areas, crushing, or disposed of off-site. b. Facts in Support of Findings Based on field investigations, the upper portion of the surficial soils within the Project Area are expected to be slightly to moderately compressible, which can result in erosion or settlement. The incorporation of Mitigation Measure MM GEO-2 for potential removal and re-compaction of the near surface soils would protect existing conditions from compaction-based erosion impacts to a less than significant level. The successful removal and re-compaction of the near surface soils should mitigate the significant portion of the soils that are prone to compression at each project site. The native soils within the Project Area, as well as fill slopes constructed with native soils,will have a moderate susceptibility to erosion, particularly during development. However,the incorporation of Mitigation Measure MM GEO-3 into the Project will reduce erosion to a less than significant level by requiring appropriate paving of exposed ground surfaces, landscaping, providing terraces on slopes, placing berms on v-ditches at the tops of slopes, and installation of adequate storm drain systems. Such erosion control measures, when correctly applied, reduce erosion impacts to less than significant levels. Finally, bedrock materials within the Project Area are generally anticipated to be rippable to depths of five to ten feet below ground surface. An impact may be created where heavy ripping or blasting is required for deep cuts in bedrock to allow for future development. Furthermore, oversized materials, including rocks, may need to be removed in order to build over the land. Mitigation Measure MM GEO-4 has been incorporated into the Project in order to mitigate rippability and Resolution No. 19-082 - Page 32 of 103 oversized rock disposal impacts to a less than significant level. It does so by adjusting potential grades so as to not encounter the non-rippable rock. 3. Expansive or Unstable Soil or Geologv Threshold GEO-6: The proposed Project has the potential to be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. a. Findings The proposed Project has the potential to be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects involving such unstable soil or geology as identified in the Final EIR. Specifically,the following measures has been included to ensure that the Project's impacts are less than significant. Mitigation Measure MM GEO-5 Corrosive Soils.Testing should be performed prior to construction of the proposed improvements within the Rural/Conservation Area and Neighborhood Area.All concrete in contact with the soil shall be designed based on requirements of the California Building Code.All metals in contact with corrosive soil shall be protected in accordance with the recommendations of the manufacturer or a corrosion engineer. Mitigation Measure MM GEO-6 Settlement. The potential for seismically induced settlement shall be investigated during future geotechnical studies. Based on these studies, loose, compressible soils prone to seismic settlement must be identified. Recommendations for removal and replacement or mitigation of soil prone to seismic settlement should be provided as part of geotechnical reports submitted to the City as part of the review of specific projects. Correct implementation of remedial grading and design recommendations is expected to reduce the impact of seismically induced settlement. Mitigation Measure MM GEO-7 Stability of Slopes. Future site-specific geotechnical investigations of the planned development shall be conducted.These investigations must analyze this potential for slope instability in light of the proposed grading and development plans and underlying earth materials, and present recommendations for construction and adequate stability of manufactured slopes. Slopes shall be constructed in accordance with the recommendations of the geotechnical engineer for individual projects, California Building Code and City and/or County guidelines. Mitigation Measure MM GEO-8 Excavation. Where excavations are made, the excavation wall may be shored, with shoring designed to withstand any additional loads, or the excavation walls may be flattened or"laid-back"to a shallower gradient. Excavation spoils should not be placed immediately adjacent to the excavation walls unless the excavation is shored to support the added load. Other measures used to Resolution No. 19-082 - Page 33 of 103 reduce the potential for temporary slope failure include cutting and backfilling excavations in sections, and not leaving temporary excavations open for long periods of time. All California Occupational Safety and Health Administration (CalOSHA) regulations must be observed for excavations that will be entered by people. Following these measures is expected to reduce the impact posed by temporary slopes. b. Facts in Support of Findings With respect to corrosive soils in both the Rural/Conservation and Neighborhood areas, soils are expected to have negligible amounts of soluble sulfate contents, but contain mild to moderate amounts of ferrous metal. As a water soluble constituent,this can potentially result in soil corrosion in connection with concrete and create hazards for structure and underground improvements. However, the addition of Mitigation Measure MM GEO-5 would reduce this impact to a less than significant level because it will ensure that concrete and metal improvements meet state Building Code and manufacturer recommended standards, respectively, in areas where sulfates or ferrous metals are identified. The potential for significant seismic settlement is low in the Rural/Conservation and Neighborhood areas due to the existence of alluvial fan deposits. However,the Project Site is located in an area of potential seismic settlement and, therefore, the potential for seismically induced settlement is considered potentially significant. As a result, the Municipal Code results that individual projects evaluate the potential for seismic settlement. Mitigation Measure MM GEO-6 has been added to the Project to ensure that correct implementation of remedial grading and design recommendations are applied to individual projects. With the incorporation of this mitigation measure, impacts would not exacerbate existing conditions and would be less than significant. Designed slope cuts into native soil can be prone to instability,depending on the nature of the earth material underlying the slope. Design fill slopes may also be prone to instability if poorly constructed or constructed of unsuitable earth materials. This is the case in both the Neighborhood and Rural/Conservation Areas and results in a potentially significant hazard of unstable manufactured slopes. However, Mitigation measure MM GEO-7 would avoid exacerbating existing conditions by ensuring that slopes are constructed in accordance with the recommendations of the geotechnical engineer. Therefore,the impacts arising out of the stability of manufactured slopes are reduced to a less than significant level. Temporary slopes will be cut for excavations for underground utilities or other structures throughout the Project Area. Unconsolidated soils may occur when temporary slopes are cut and create a potential risk temporary slope failure. This is especially true when temporary slopes are cut at a steeper gradient than manufactured slopes. As a result, Mitigation Measure MM GEO-8 has been incorporated into the Project to ensure that temporary excavations are shored in accordance with specific recommendations to avoid collapse and in accordance with OSHA requirements. This will reduce the potential impact to a less than significant level. Threshold GEO-7: The proposed Project has the potential to be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property. C. Findings Resolution No. 19-082 - Page 34 of 103 The proposed Project has the potential to be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects involving such expansive soil identified in the Final EIR. Specifically,the following measure has been included to ensure that the Project's impacts are less than significant. Mitigation Measure MM GEO-9 Expansive Soils. Testing within hillside areas of the Rural/Conservation Area should be performed in planned development areas in order to evaluate the expansion potential of the near surface soil materials and prior to construction of the proposed foundations. Providing the results to the structural engineer will allow them to design a foundation system that is able to withstand the expansive potential of the near surface soil materials. d. Facts in Support of Findings Expansive soils underlying a foundation or slab, if left untreated, can cause damage to a structure. Differential movement in the building can result in damage to floors and walls, as well as door and window frames. Based on investigations within both the Rural/Conservation and Neighborhood Areas, the alluvial soils have an Expansion Index in the very low range(less than 20 EI),with some soils in the very low to medium range in the Rural/Conservation Area (less than 90 EI). Because some soils in the hillsides areas of the Rural/Conservation Areas may be expansive,the potential for damage caused by expanding soils has the potential to be significant. Therefore, Mitigation Measure MM GEO-9 has been added to the Project to ensure testing is conducted in these areas to determine whether a site has expansive soils and, if so, a structural engineer will design a foundation system to withstand the soil conditions. With this measure, the potential impact of expansive soils is reduced to less than significant. Threshold GEO-8: The proposed Project has the potential to have soils incapable of adequately supporting use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater. e. Findings The proposed Project has the potential to have soils incapable of adequately supporting use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects involving septic tanks or alternative wastewater systems identified in the Final EIR. Specifically,the following measure has been included to ensure that the Project's impacts are less than significant. Mitigation Measure MM GEO-10 Rural Development Design Review. Development in the Rural/Conservation Area shall be subject to the requirements and review procedures of City Municipal Code 17.16.140 (Hillside Development Review). In addition to those requirements, applications for development in the Rural/Conservation Area shall include a septic system feasibility study prior to each new development as well as to obtain a well drill permit. f. Facts in Support of Findings Resolution No. 19-082 - Page 35 of 103 Sewer capacity in both the Rural/Conservation and Neighborhood area is expected to be adequate. No septic tanks or alternative sewer systems are anticipated for the Neighborhood Area. However, some of the rural development of up to 100 residences in the Rural/Conservation Area may rely on septic tanks or alternative sewer systems because there are currently no specific infrastructure plans for new development in this area. As such, it is unknown whether there will be an impact on such infrastructure due to soil stability, and thus the impact is potentially significant. Mitigation Measure MM GEO-10 has been added to the Project to ensure that septic systems are appropriate for new development and the soils can accommodate the system before drilling occurs. With this measure, impacts are reduced to less than significant. 4. Paleontological and Geological Features Threshold GEO-9: The Project has the potential to directly or indirectly destroy a unique paleontological resource or site or unique geological feature. a. Findings The proposed Project has the potential to directly or indirectly destroy a unique paleontological resource or site or unique geological feature. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects involving such unique paleontological or geological features identified in the Final EIR. Specifically, the following measure has been included to ensure that the Project's impacts are less than significant. Mitigation Measure MM GEO-11 Inadvertent Discoveries. In the event that paleontological resources are exposed during ground-disturbing activities, work in the immediate vicinity of the find must stop until a qualified paleontologist can evaluate the significance of the find. Ground-disturbing activities may continue in other areas. If the discovery proves significant under CEQA,additional work,such as testing or data recovery, may be warranted. Should any prehistoric or historical Native American artifacts be encountered,additional consultation with Neighborhood AreaHC-listed tribal groups should be conducted immediately. b. Facts in Support of Findings There are currently no unique geologic features located in the Project Area, but there is a potential for discovering paleontological resources. Construction in the Project Area will have to adhere to Public Resources Code Section 210833.2,which requires earth-disturbing work to be suspended or redirected if a paleontological resource is identified. In addition, Mitigation Measure MM GEO-11 has been incorporated into the project to ensure that any inadvertent discoveries of such resources would result in an immediate halt of construction in the vicinity of the resource until a paleontologist can evaluate the significance of the find. With these measures, the impact to paleontological resources is avoided and reduced to a less than significant level. C. HAZARDS AND HAZARDOUS MATERIALS 1. Release of Hazardous Materials or Substances Threshold HAZ-2. The proposed Project has the potential to create a significant hazard to the public or the environment through reasonably foreseeable upset and Resolution No. 19-082 - Page 36 of 103 accident conditions involving the release of hazardous materials into the environment. a. Findings The Project has a potential to create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to the release of hazardous materials into the environment. Specifically, the following measures have been included to ensure that the Project's impacts are less than significant. Mitigation Measure MM HAZ-1. Future developers and/or contractors must coordinate in advance of construction with the Rancho Cucamonga Fire Protection TDistrict to ensure that road closures (temporary or permanent)are identified that alternate access and evacuation routes are determined in the event of an emergency and/or natural disaster. Mitigation Measure MM HAZ-2. Before issuance of a grading permit for projects within Plan Area on any individual project site (i.e., Phase)that contains or are known to have historically contained commercial/industrial related uses, the site developer(s) must: Investigate the project site to determine whether it or immediately adjacent areas have a record of hazardous material contamination via the preparation of a preliminary environmental site assessment(ESA), which must be submitted to the City of Rancho Cucamonga for review. If contamination is found the report must characterize the site according to the nature and extent of contamination that is present before development activities precede at that site. If contamination is determined to be on-site, the City of Rancho Cucamonga, in accordance with appropriate agency requirements, must require remediation of the soil and/groundwater conditions on the contaminated site. If further remediation is required, it must be the responsibility of the site developer(s)to complete such remediation prior to construction of the project. If remediation is required as identified by the local oversight agency, it must be accomplished in a manner that reduces risk to below applicable standards and must be completed prior to issuance of any occupancy permits. Soil remediation methods that could be employed include, but are not limited to, one or more of the following: excavation and on-site treatment, such as above ground bioremediation, soil washing, soil stabilization, soil vapor extraction, or high- temperature soil thermal desorption. Groundwater remediation methods that could be employed include, but are not limited to, pumping water to surface, treating, and returning to aquifer; treating groundwater in place by injecting oxidizing agents; and placing membrane in aquifer and using natural flows to trap contaminants. Closure reports or other reports acceptable to the City of Rancho Cucamonga Fire Protection District that document the successful completion of required remediation activities, if any, for contaminated soils, must be submitted and Resolution No. 19-082 - Page 37 of 103 approved by.the City of Rancho Cucamonga prior to the issuance of grading permits for site development. No construction must occur in the affected area until reports have been accepted by the City of Rancho Cucamonga. Mitigation Measure MM HAZ-3. If previously unknown or unidentified soil and/or groundwater contamination that could present a threat to human health or the environment is encountered during construction within the Plan Area, construction activities in the immediate vicinity of the contamination must cease immediately. If contamination is encountered, a Risk Management Plan must be prepared and implemented that(1) identifies the contaminants of concern and the potential risk each contaminant would pose to human health and the environment during construction and post-development and (2)describes measures to be taken to protect workers, and the public from exposure to potential site hazards. Such measures must include a range of options, including, but not limited to, physical site controls during construction, remediation, long-term monitoring, post-development maintenance or access limitations, or some combination thereof. Example soil remediation methods that may be employed include, but are not limited to, one or more of the following: excavation and on-site treatment, such as above ground bioremediation, soil washing, soil stabilization, soil vapor extraction, or high-temperature soil thermal desorption. Example groundwater remediation methods that may be employed include, but are not limited to, pumping water to surface, treating, and returning to aquifer; treating groundwater in place by injecting oxidizing agents; and placing membrane in aquifer and using natural flows to trap contaminants. Depending on the nature of contamination, if any, appropriate agencies must be notified (e.g., City of Rancho Cucamonga Fire Protection District and San Bernardino County Environmental Health Division). If needed, a Site Health and Safety Plan that meets Occupational Safety and Health Administration requirements must be prepared and in place prior to commencement of work in any contaminated area. b. Facts in Support of Findings Based on an investigation of available records involving the Project Area,the only existing potential source of contamination within the Project Area is a now-closed sand and gravel mine that the County has determined poses no risk of environmental contamination. However, other past uses within the Project Area may resulted in hazardous materials contamination that were not identified in the investigation. If any such materials are identified in the Project Area during Project implementation,a remediation and cleanup in accordance with applicable law would commence. To ensure a proper remediation and cleanup is completed and the risk is reduced to a less than significant level, Mitigation Measure HAZ-2 has been incorporated into the Project. This measure would ensure that an environmental site assessment is performed for each individual project and, if hazardous materials are found,would require that they be properly handled and the site remediated. A closure report acceptable to the First Protection District must be issued before grading permits could be approved. If hazardous materials are identified during Project implementation, then it is possible that construction works and the public could be exposed to unknown hazardous substances in the soil or groundwater. At this time, it is unknown what types of substances might exist on site or the health and safety risks they would pose, especially if they migrated off-site. In order to avoid this potential risk, Mitigation Measure HAZ-3 has been adopted to ensure that, if such substances are discovered, Resolution No. 19-082 - Page 38 of 103 a Risk Management Plan is prepared and implemented to determine the risk and propose actions to protect works and the public from exposure to the substances. In addition, state environmental regulators may be involved to protect those exposed to the substances. With the incorporation of Mitigation Measure HAZ-3, the potential risks involving hazardous materials is reduced to a less than significant level. Threshold HAZ-3. The proposed Project does not have the potential to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. The Initial Study determined that the Project does not have the potential to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school. Therefore, no mitigation measures were required for this impact area. To the extent that air pollutants will be emitted during Project construction and operation, however, those impacts are analyzed under Section VLA, Air Quality. 2. Emergency Planning Threshold HAZ-6. The proposed Project has the potential to impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. a. Findings The Project has the potential to impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to such emergency planning. Specifically, the following measure has been included to ensure that the Project's impacts are less than significant. Mitigation Measure MM HAZ-1. Future developers and/or contractors must coordinate in advance of construction with the Rancho Cucamonga Fire Protection District to ensure that road closures (temporary or permanent) are identified that alternate access and evacuation routes are determined in the event of an emergency and/or natural disaster. b. Facts in Support of Findings Milliken Avenue, Banyan Street, and Rochester Avenue are main thoroughfares that may be used by emergency responders or evacuees during an emergency. During certain periods of construction,temporary road closures or detours or the transportation of oversized loads may occur, which could slow down or impede traffic. As a result, Mitigation Measure MM HAZA has been added to the Project to ensure that Project development and construction is coordinated with the Fire Protection District so that appropriate alternate evacuation and access routes may be planned. With this measure, the impact to emergency traffic impacts is reduced to a less than significant level. Project implementation should not interfere with emergency response or evacuation plans because it would neither reduce nor impede traffic lanes. 3. Wildfires Resolution No. 19-082 - Page 39 of 103 Threshold HAZ-7. The proposed Project has the potential to expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires. a. Findings The Project has the potential to expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to such emergency planning. Specifically, the following measures have been included to ensure that the Project's impacts are less than significant. Mitigation Measure MM HAZ-4: Fire Protection Plan. To address the risk to residential development, future developers shall prepare fire protection plans that meet the Rancho Cucamonga Fire Protection District Development Standards and are consistent with the Master Fire Protection Plan. The fire protection plan shall describe all actions that will be taken to reduce wildfire risks to the structure(s). The plan shall include (1)A copy of the site plan that indicates topographic reference lines; (2)A copy of the approved landscape/vegetation management plan;(3) Methods and timetables for controlling, changing or modifying areas on the property(elements of the plan shall include removal of dead vegetation, litter, vegetation that may grow into overhead electrical lines, certain ground fuels, and ladder fuels as well as the thinning of live trees); and (4) A maintenance schedule for the landscape/vegetation management plan. The Fire Protection Plan for a specific neighborhood or phase of construction shall be submitted to the Rancho Cucamonga Fire Protection District and City of Rancho Cucamonga Planning Department for review and approval prior to issuance of building permits. Mitigation Measure MM HAZ-5: Fire Prevention Construction Techniques. Construction within the designated Wildfire- Urban Interface Fire Area is required to be in accordance with Chapter 7A of the California Building Code, the California Residential Code and Standard 49-1 of the of the Rancho Cucamonga Fire Protection District. b. Facts in Support of Findings Wildland fires can, and have, occurred in open spaces containing flammable and nonflammable vegetation cover, such as portions of the Rural/Conservation Area. To that end, the entire Project Area is within the Fire Protection District's designated Wildland-Urban Interface Fire Area(WUIFA). According to Government Code Section 51179, once an agency has been notified by Cal Fire that there are Very High Fire Hazard Severity Zones within the agency's boundaries, it is required to adopt by ordinance a Local Agency Very High Fire Hazard Severity Zone map that officially designates the hazard area. The City has adopted a combined Very High Fire Hazard Severity Zone and Wildland Urban Interface Fire Area map designated areas within the City and beyond the current boundaries of the City. Given the Project's location and fire risks,the impact of wildfires was determined to be potentially significant. The Fire Protection District has adopted Standard 49-1,which defines construction requirements for buildings,fire protection plans,vegetation management and landscaping, roadways, identification of Resolution No. 19-082 - Page 40 of 103 buildings, electrical transmission and distribution lines, storage of firewood and other combustible materials, outdoor fires and cooking appliances, evacuation planning, a fire access plan that conforms to Fire District Standard 5-1, and a water supply plan that conforms to Fire District Standard 5-10.To help reduce the presence of more fire-prone plants in the landscaping proposals, the Fire District has developed a list of undesirable plants and trees included in this standard. Since the adoption of the Wildland-Urban Interface Fire Area map, all projects in the designated area, including custom single-family homes, have been required to comply with the applicable State and local wildfire safety provisions by submitting for review and approval a document, such as a site- specific fire protection plan or specific plan,that contains all of the required and applicable elements of Standard 49-1 and demonstrates compliance with the applicable State codes. In addition to requiring the designation of a Wildland-Urban Interface Fire Area, Chapter 49 of the California Fire Code also requires hazardous vegetation and fuels to be managed "to reduce the severity of potential exterior wildfire exposures to buildings and to reduce the risk of fire spreading to buildings." Hazardous vegetation and fuels around all applicable buildings and structures are required to be maintained in accordance with existing State laws and regulations including those found in the Public Resources Code and the Government Code. The Project incorporates a buffer/defense line between the natural areas, which are more susceptible to fire, and the Neighborhood Area. In addition to these required measures, Mitigation Measures MM 4 and 5 have been adopted to further reduce the impact of wildfires to a less than significant level. In the event of a wildfire, the plans required by these mitigation measures will ensure that future developments within the Project Area are properly designed, constructed, and maintained to mitigate the impacts of wildfire. With these measures, and the above existing requirements of State law and the Fire Protection District, this environmental impact is reduced to a less than significant level. D. NOISE Threshold NOI-1: The proposed Project has the potential to generate a substantial temporary or permanent increase in ambient noise levels the vicinity of the Project in excess of standards established in the General Plan and noise ordinance. a. Findings The Project has the potential to generate a substantial temporary or permanent increase in ambient noise levels the vicinity of the Project in excess of standards established in the General Plan and noise ordinance. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to noise. Specifically, the following mitigation measures have been included to ensure that the Project's impacts are less than significant. Mitigation Measure MM N-1: Prior to the issuance of each permit for grading, the Property Owner/Developer shall submit construction-related noise mitigation plan to the Rancho Cucamonga Planning Department. The plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction of the project. The plan shall demonstrate that the construction plans and specifications include the following noise abatement, notification, and control measures: Resolution No. 19-082 - Page 41 of 103 • All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other State-required noise-attenuation devices. • Limiting the number of noise-generating heavy-duty off-road construction equipment(e.g., backhoes, dozers, excavators, loaders, rollers, etc.) simultaneously within 50 feet of off-site noise sensitive receptors surrounding the site. • Stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. • On-site and off-site construction haul routes shall be designed to avoid noise sensitive uses, as feasible. • If a perimeter block wall is required for a project, the wall shall be constructed as early as possible during the first phase of construction. • A"Construction Noise Coordinator" shall be identified. The Construction Noise Coordinator shall be responsible for responding to any local complaints about construction noise. When a complaint is received, the Construction Noise Coordinator shall notify the City within 48 hours of the complaint and determine the cause of the noise complaint(e.g., starting too early, bad muffler) and shall implement reasonable measures to resolve the compliant, as deemed acceptable by the Planning Department. Signs shall be posted at the construction that include the contact information for the Construction Noise Coordinator. Mitigation Measure MM N-2: Prior to issuance of building permits for buildings at the southeast and southwest corners of the Plan Area, the Property Owner/Developer shall submit an acoustical study to the City of Rancho Cucamonga Building Official that demonstrates that the proposed architectural design would provide an interior noise level of 45 dBA CNEL or less (based on buildout traffic noise conditions) in all habitable rooms of the proposed buildings facing the SR-210. The Property Owner/Developer shall also submit plans and specifications showing that: •All residential units shall be provided with a means of mechanical ventilation, as required by the California Building Code for occupancy with windows closed. b. Facts in Support of Findings Noise impacts from Project construction activities would result from the noise generated by the amount of construction equipment, the location of the equipment, the timing and duration of the noise-generating construction activities, and the relative distance to noise-sensitive receptors. On-site construction activities, such as grading and building construction and finishing, would generate maximum noise levels of 74 dBA to 85 dBA at a reference distance of 50 feet. To provide a conservative or"worst-case"analysis,the EIR estimated the equipment noise levels assuming all construction equipment contains in the Project Area would operate simultaneously. Resolution No. 19-082 - Page 42 of 103 Implementation of Mitigation Measure MM N-1 would provide noise abatement during construction near adjacent receptors. Mitigation Measure MM N-1 would include the use of optimal muffler systems for all equipment and the break in line of sight to a sensitive receptor would reduce construction noise levels by approximately 10 dB or more.9 In addition, Mitigation Measure MM N-1 would limit the number of noise generating heavy-duty off-road construction equipment (e.g., backhoes, dozers,excavators, loaders, rollers, etc.)simultaneously used on the Plan Area within 50 feet of off-site noise sensitive receptors surrounding the site to no more than one or two pieces of heavy-duty off-road equipment would further reduce construction noise levels by approximately 10 dBA.With implementation of Mitigation Measure MM N-1, construction noise would be reduced by, at a minimum, 25 dB, and would not exceed the noise standard of 65 dBA for residential uses and 70 dBA for commercial or industrial uses when measured at the adjacent property line. As such, impacts would be less than significant with this mitigation incorporated. With respect to off-site construction activities, such as off-site truck travel associated with the hauling of excavated materials and deliveries, the maximum construction trips would be approximately 1,500 trips per day including 492 vendor trips per day. Based on these trips,roadway noise levels would result in 67.8 dBA CNEL at 25 feet from the receptor.The noise level increases from construction trips would not exceed existing noise levels greater than 5 dBA at areas that would exceed 65 dBA Ldn or CNEL or greater than 3 dBA at areas that would exceed 70 dBA Ldn or CNEL. As such, impacts related to off-site construction activities would be less than significant. Operational noise impacts would be primarily generated by vehicle trips associated with the Project. Any noise increase of 5 dBA or greater is potentially significant when it impacts a sensitive land use, such as a residential area,and the noise level at the sensitive land use would exceed 65 dBA Ldn or CNEL. The Project would generate an estimated 35,446 daily trips, which includes both internal trips (4,264) and external trips (31,182). To estimate noise level increase and impacts due to the Project, noise level increases were calculated from the traffic volumes provided in a traffic study. The difference in traffic noise between existing conditions and existing plus Project conditions represents the increase in noise attributable to Project-related traffic. Project-related traffic would cause noise levels along the analyzed roadways to increase by more than 3 dBA at Wilson Avenue west of Day Creek Boulevard (Intersection 7), Day Creek Boulevard south of Wilson Avenue and Day Creek Boulevard north and south of Wilson Avenue. However,any noise increases of 5 dBA or greater is potentially significant when it impacts sensitive land uses that would exceed 65 dBA Ldn or CNEL. These intersections exceeding 65 dBA Ldn or CNEL would not result in increases of 5 dBA or greater. Therefore, impacts related to roadway noise levels would be less than significant. The General Plan's Public Health and Safety Element includes noise compatibility guidelines.These guidelines and applicable sections of the State building code are used to evaluate the Project's compatibility with future ambient noise levels. The dominant noise source on the southeast and southwest corners of the Plan area include the SR-210 freeway. Ambient noise levels within this area range from 55.9 — 56.4 dBA. However, there is potential for increased noise levels due to increased traffic along SR-210. Accordingly, Mitigation Measure MM N-2 has been incorporated into the Project in order to require the incorporation of architectural features (such as a sound wall adjacent to the SR-210 freeway)to ensure that residential habitable rooms facing the freeway have interior noise levels of 45 dBA or less,as required by the California Building Code.As such, impacts associated with operation of the Project would be less than significant with this mitigation incorporated. Cumulative Noise Impacts. The proposed Project has the potential to result in a cumulatively considerable impact on roadway noise. Resolution No. 19-082 - Page 43 of 103 C. Findings The Project has the potential to cause a cumulatively considerable impact on roadway noise. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to roadway noise. Specifically,the following mitigation measure has been included to ensure that the Project's impacts are less than significant. Mitigation Measure MM TRAF-1: The Property Owner/Developer shall implement the following intersection improvements. Intersection 7: Wilson Avenue and Day Creek Boulevard. The improvements identified below can fit within the existing right-of-way and will require striping modifications and median improvements. With these recommended improvements, operations are forecast to operate at an acceptable level of service (LOS) during the AM and PM peak hours. In order for this intersection to operate acceptably with the addition of the project traffic, the following improvements shall be made prior to the issuance of a building permit for the 1595th residential unit in the Neighborhood Area: Modify eastbound approach of the intersection from one left-turn lane, one through lane, and one through-right shared lane to one left-turn lane, one through lanes, and one right-turn lane Add right-turn overlap phasing in the eastbound direction Optimization of cycle length This measure shall be implemented prior to completion of 55% when the entire Plan is at full buildout. Intersection 17: Banyan Street and Milliken Avenue. For this intersection to operate acceptably with the addition of project traffic, this intersection requires adjustment and optimization of the AM peak hour signal timing plans, including a cycle length of 120 seconds. To ensure that the full effect of the project was considered in the "plus project" analysis, signal timing was locked and consistent with the "no project" scenario. The change in traffic volumes requires a reallocation of green signal time to more efficiently serve the traffic demand. With the recommended improvement, operations are improved to an acceptable LOS during the AM peak hour. This improvement shall be made prior to the issuance of a building permit for the 2755th residential unit in the Neighborhood Area. Intersection 19: Banyan Street and Day Creek Boulevard. For this intersection to operate acceptably with the addition of project traffic, this intersection requires adjustment and optimization of the AM peak hour signal timing plans relative to the expected traffic volume demand. To ensure that the full effect of the project was considered in the "plus project" analysis, signal timing was locked and consistent with the "no project" scenario. The change in traffic volumes requires a reallocation of green signal time to more efficiently serve the traffic demand. With the recommended improvement, operations are improved to an acceptable LOS Resolution No. 19-082 - Page 44 of 103 during the AM peak hour. This improvement shall be made prior to the issuance of a building permit for the 1885th residential unit in the Neighborhood Area. Intersection 41: Foothill Boulevard and Day Creek Boulevard. The improvements below can fit within the existing right-of-way and will require signing and striping modifications. With these recommended improvements, operations are forecast to operate at an acceptable LOS during the PM peak hours. The improvement is consistent with the proposed mitigation measure in the Empire Lakes Specific Plan EIR. For this intersection to operate acceptably with the addition of the project traffic, the following improvements shall be made prior to the issuance of a building permit for the 150th residential unit in the Neighborhood Area: Modify northbound approach of the intersection from two left-turn lanes, three through lanes, and one right-turn lane to two left-turn lanes, two through lanes, one through-right shared lane, and one right-turn lane Optimization of coordinated splits d. Facts in Support of Findings Cumulative traffic noise impacts are measured based on projected long-term noise level increases compared to existing conditions. The long-term scenario is the future year (2040) with Project condition,which includes all pending and approved development projects within the City. As shown in the EIR,future(2040)traffic would cause noise levels along the analyzed roadways to increase by more than 3 dBA at Wilson Avenue west of Day Creek Boulevard (Intersection 7). As discussed below in the Traffic and Transportation impact area, implementation of Mitigation Measure MM TRAF-1 would require striping modifications and improvements, which would reduce the level of service at this intersection to acceptable levels during the AM and PM peak hours. Furthermore,the modification would reduce traffic volumes within those intersections and would not result in a doubling of traffic volume. In addition, future traffic at Milliken Street north of Wilson Avenue (Intersection 6)would increase by 4.7 dBA CNEL and 5.3 dBA CNEL during the AM and PM peak hour respectively. However, noise levels at the residences would be below the 65 dBA CNEL threshold.As such, with the addition of these mitigation measures to the Project, cumulative noise impacts would be less than significant. E. TRANSPORTATION AND TRAFFIC 1. Conflict with Congestion Management Plan Threshold TRAF-2: The proposed project has the potential to conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways. a. Findings The proposed Project has the potential to conflict with the San Bernardino County Congestion Management Plan (CMP). Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to Resolution No. 19-082 - Page 45 of 103 the potential conflict with the CMP. Specifically, the following mitigation measures have been included to ensure that the Project's conflict with the CMP is less than significant. Mitigation Measure MM TRAF-1: The Property Owner/Developer shall implement the following intersection improvements. • Intersection 7: Wilson Avenue and Day Creek Boulevard. The improvements identified below can fit within the existing right-of- way and will require striping modifications and median improvements. With these recommended improvements, operations are forecast to operate at an acceptable LOS during the AM and PM peak hours. In order for this intersection to operate acceptably with the addition of the project traffic, the following improvements shall be made prior to the issuance of a building permit for the 1595th residential unit in the Neighborhood Area: o Modify eastbound approach of the intersection from one left-turn lane, one through lane, and one through-right shared lane to one left-turn lane, one through lanes, and one right-turn lane. o Add right-turn overlap phasing in the eastbound direction. o Optimization of cycle length. • Intersection 17: Banyan Street and Milliken Avenue. For this intersection to operate acceptably with the addition of project traffic, this intersection requires adjustment and optimization of the AM peak-hour signal timing plans, including a cycle length of 120 seconds. To ensure that the full effect of the project was considered in the "plus project" analysis, signal timing was locked and consistent with the "no project" scenario. The change in traffic volumes requires a reallocation of green signal time to more efficiently serve the traffic demand. With the recommended improvement, operations are improved to an acceptable LOS during the AM peak hour. This improvement shall be made prior to the issuance of a building permit for the 2755th residential unit in the Neighborhood Area. • Intersection 19: Banyan Street and Day Creek Boulevard. For this intersection to operate acceptably with the addition of project traffic, this intersection requires adjustment and optimization of the AM peak-hour signal timing plans relative to the expected traffic volume demand. To ensure that the full effect of the project was considered in the "plus project" analysis, signal timing was locked and consistent with the "no project" scenario. The change in traffic volumes requires a reallocation of green signal time to more efficiently serve the traffic demand. With the recommended improvement, operations are improved to an acceptable LOS during the AM peak hour. This improvement shall be made prior to the issuance of a building permit for the 1885th residential unit in the Neighborhood Area. Resolution No. 19-082 - Page 46 of 103 • Intersection 41: Foothill Boulevard and Day Creek Boulevard. The improvements below can fit within the existing right-of-way and will require signing and striping modifications. With these recommended improvements, operations are forecast to operate at an acceptable LOS during the PM peak hours. The improvement is consistent with the proposed mitigation measure in the Empire Lakes Specific Plan EIR. For this intersection to operate acceptably with the addition of the project traffic, the following improvements shall be made: o Modify northbound approach of the intersection from two left-turn lanes, three through lanes, and one right-turn lane to two left-turn lanes, two through lanes, one through-right shared lane, and one right-turn lane. o Optimization of coordinated splits. This measure is estimated to be triggered at 5% when the entire Plan is at full buildout. Mitigation Measure MM TRAF-2: Prior to the issuance of building permits, the Property/Owner Developer shall pay its fair share to the City of Rancho Cucamonga for the cost of the improvements identified below to mitigate cumulative impacts at these intersections. This fair share contribution will be used by the City with other sources of funds including, but not limited to, fair share contributions from other projects, to construct the following improvements. • Intersection 33: Base Line Road and East Avenue. The modifications below can fit within the existing right-of-way and will require signing and striping modifications. With these recommended improvements, operations are forecast to operate at an acceptable LOS during the AM and PM peak hours. In order for this intersection to operate acceptably with the addition of the project traffic, the following modifications will be needed: o Modify northbound approach of the intersection from one left-turn lane, one through lane, and one through-right shared lane to one left-turn lane, one through lane, and one right-turn lane. o Restripe the southbound approach from one dedicated right-turn lane, two through lanes and one left turn late to two dedicated right-turn lanes, one through lane and one left-turn lane. o Add right-turn overlap phasing in all directions. o Optimize signal timing plan coordinated splits. • Intersection 35: Terra Vista Parkway and Milliken Avenue. The modifications below can fit within the existing right-of-way and will require signing and striping modifications. With these recommended improvements, operations are forecast to operate at an acceptable LOS during the PM peak hours. In order for this Resolution No. 19-082 - Page 47 of 103 intersection to operate acceptably with the addition of the project traffic, the following modifications will be needed: o Adjust and optimize the PM peak hour signal timing plan and cycle length. Mitigation Measure MM TRAF-3: Prior to the issuance of building permits, the Property/Owner Developer shall pay its fair share for the following measures required to mitigate Cumulative Year(2040)Plus Project conditions. This fair share contribution will be used by the Caltrans with other sources of funds including, but not limited to, fair share contributions from other projects, to construct the following improvements. • Intersection 34: Baseline Avenue and 1-15 Northbound Ramps. The modifications below can fit within the existing right- of-way and will require signing and striping modifications. With these recommended improvements, operations are forecast to operate at an acceptable LOS during the PM peak hours. In order for this intersection to operate acceptably with the addition of the project traffic, the following modifications will be needed: o Modify northbound approach of the intersection from one left-turn lane, one left-right shared lane, and one right-turn lane to one left-turn lane and two right-turn lanes. b. Facts in Support of Findings The San Bernardino County CMP defines a network of state highways and arterials; level of service (LOS)standards and related procedures;the process for mitigation of impacts of new development on the transportation system; and technical justification for the approach. The CMP sets the LOS standard for the County's CMP-designated highway system at LOS E for roadway intersections and freeway interchanges in the County's CMP-designated highway system and implements an enhanced transportation management program to ensure that the designated roadways and intersections meet the set standard. The San Bernardino County CMP defines LOS E or better as the acceptable level of service for facilities included in the CMP network. However, it also notes that local agency thresholds should be applied as long as they provide improved service levels compared to the CMP requirements. Because the City and Caltrans have LOS standards that are more stringent than CMP standards, any impacts captured by an analysis using the local standards is captured under CMP analysis as well. As the Project would not have any significant impacts under the more stringent City and Caltrans'thresholds for these locations,with implementation of MM TRAF-1 through MM TRAF-3 for reducing traffic volumes, potential conflicts with the CMP would be reduced to less than significant levels. F. UTILITIES AND SERVICE SYSTEMS Threshold UTIL-1. The proposed Project has the potential to require or result in the relocation or construction of new or expanded wastewater treatment facilities, the construction or relocation of which could cause significant environmental effects. a. Findings Resolution No. 19-082 - Page 48 of 103 The Project has the potential to require or result in the relocation or construction of new or expanded wastewater treatment facilities, the construction or relocation of which could cause significant environmental effects. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to the construction of new utility services. Specifically,the following mitigation measure has been included to ensure that the Project's impacts are less than significant. Mitigation Measure UTIL-1: Sewers. Any improvements to segments of the sewer main system downstream of the Plan Area determined to be needed by the Cucamonga Valley Water District to provide the capacity needed to accommodate wastewater generated by the project, based on additional modeling and review, shall be constructed. Improvements may include installing larger sewer lines or constructing parallel lines to provide additional capacity b. Facts in Support of Findings The proposed Project would not require or result in the relocation or construction of new or expanded water, stormwater drainage,electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects. Water,sewer, and other urban services would not be extended to the Rural/Conservation Area where private property owners would be served by private water wells and septic systems. In the Neighborhood Area, a water supply assessment was prepared by the Cucamonga Valley Water District that demonstrates that the District has sufficient capacity to meet the demand for water associated with the Project. A storage reservoir,a 16-inch water transmission line,and an interconnect between the new storage and existing storage tanks would be constructed. The EIR analyzed the impacts of these new facilities and determined that they would have a less than significant impact. With respect to wastewater, a Backbone Water and Wastewater Plan of Service Technical Report demonstrated that the Inland Empire Utilities Agency would have sufficient capacity to serve the Project Area. A sewer main would be constructed to serve the Project, but is not expected to result in significant impacts. No significant upgrades to electricity, gas, or communications lines are expected to be constructed in order to provide service to the Project Area. There are sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry, and multiple dry years. A water supply assessment was prepared by the Cucamonga Valley Water District(CVWD)that demonstrates that the District has sufficient capacity to meet the demand for water associated with the Project. The Project would not generate solid waste in excess of state or local standards,or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. In addition,the Project would comply with federal, state, and local management and reduction statutes and regulations related to solid waste. Residents of the Project Area would generate approximately 31 tons of solid waste per day, or 11,281 tons per year, and the commercial retail shops would generate approximately four tons per day, or 1,460 tons per year. Based on the total amount of remaining capacity at landfills that will serve the Project, the Project's total contribution of 35 tons per day would represent 0.00002 percent of the available remaining capacity. Impacts would therefore be less than significant and capacity would be sufficient. In addition, State law(AB 939) requires a 50 percent diversion of solid waste from landfills, which the City has achieved with a 57 percent diversion rate. The Project would comply with all management and reduction requirements. The Inland Empire Utilities Agency has adequate capacity to serve the Project's projected demand in addition to the Agency's existing customers. A Backbone Water and Wastewater Plan of Service Resolution No. 19-082 - Page 49 of 103 Technical Report demonstrated that the Inland Empire Utilities Agency would have sufficient capacity to serve the Project Area. A 21-inch trunk main would be extended 2.5 miles south from the Neighborhood Area in the existing north-south utility corridor to Foothills Parkway,which would connect to an existing 27-inch CVW D trunk main with available capacity to accept wastewater flows from the Neighborhood Area. However, some upgrades to downstream sewer mains would be constructed as part of the Project. Any improvements that would cross the SR-210 Freeway would need to be routed through an existing crossing or a new crossing would need to be built under the freeway by horizonal drilling (jack and bore). The undetermined need for such sewer mains could result in a potentially significant impact. Therefore Mitigation Measure MM UTIIL-1 has been added to ensure construction of these improvements to any downstream sewer mains as determined needed by CVWD to provide capacity to accommodate and convey wastewater flows from the Project Area. With the incorporation of this mitigation measure, the impact on utilities is mitigated to a less than significant level. VII. Environmental Effects that Remain Significant and Unavoidable After Mitigation. In the environmental areas of Air Quality, Biological Resources, Greenhouse Gas Emissions (GHGs), Land Use and Planning, Mineral Resources, Population and Housing, and Transportation and Traffic,there are instances where potential environmental impacts would remain significant and unavoidable, as discussed below: A. AIR QUALITY 1. Air Quality Planning and Standards Threshold AQ-1: Implementation of the proposed Project will result in a significant and unavoidable conflict with or obstruction of the Southern California Air Quality Management Districts (SCAQMD)Air Quality Management Plan. a. Findings Operational emissions arising out of the proposed Project would be significant and unavoidable Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to construction emissions. Specifically, the following measures have been included in the Project to lessen the impacts. Mitigation Measure MM AQ-1: All off-road diesel-powered construction equipment greater than 50 horsepower(hp)shall meet or exceed Tier 4 off-road emissions standards. In addition, all construction equipment shall be outfitted with Best Available Control Technology(BACT)devices certified by the California Air Resources Board (GARB). Any emissions-control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 Diesel Particulate Filter(DPF)for a similarly sized engine as defined by GARB regulations. The Lead Agency should include this requirement in applicable bid documents, and successful contractor(s) must demonstrate ability to supply compliant equipment prior to the commencement of any construction activities. Additionally, the Lead Agency should require reporting and provision of Resolution No. 19-082 - Page 50 of 103 written documentation by contractors to ensure compliance and conduct regular inspections to the maximum extent feasible to ensure compliance. In the event that the Lead Agency finds that Tier 4 construction equipment is not feasible pursuant to CEQA Guidelines Section 15364, the Project representative or contractor must use all off-road, diesel powered construction greater than 50 hp that meets Tier 3 off-road emission standards and other technologies/strategies approved by the Lead Agency. Alternative applicable strategies may include, but would not be limited to, reduction in the number and/or horsepower rating of construction equipment, limiting the number of daily construction haul truck trips to and from the Proposed Project, and/or limiting the number of individual construction project phases occurring simultaneously, if applicable. Mitigation Measure MM AQ-3: Maintain equipment maintenance records for the construction portion of the proposed Project. All construction equipment must be tuned and maintained in compliance with the manufacturer's recommended maintenance schedule and specifications. All maintenance records for each equipment and their construction contractor(s)should be made available for inspection and remain on-site for a period of at least two years from completion of construction. Mitigation Measure MM AQ-4: The Plan shall be developed in nine phases over approximately 13 years, as described in Section 2.0: Project Description, to minimize concurrent development. In addition, the following measures have been included to ensure that the Project's potential operational emissions are less than significant. Mitigation Measure MM AQ-5: Preferential parking for low-emitting, fuel-efficient, and carpool/van vehicles shall be provided as specified in Nonresidential Voluntary Measures of the CALGreen Code. One- and two-family dwellings and facilities shall be installed to support future electric vehicle charging at each residential building and nonresidential building with 30 or more parking spaces. Installation shall be consistent with the Residential and Nonresidential Voluntary Measures of the CALGreen Code. Mitigation Measure MM AQ-6: Post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 5 minutes). Post both bus and Metrolink schedules in conspicuous areas. Mitigation Measure MM AQ-7: Require the use of zero-emissions (ZE) or near- zero emission (NZE)trucks (e.g., material delivery, heavy-duty trucks for the commercial and retail uses at the Proposed Project) such as heavy-duty trucks with natural gas engines that meet the CARB's adopted optional NOx emissions standard at 0.02 grams per brake horsepower-hour(g/bhp-hr). CARB also adopted the statewide Truck and Bus Regulation in 2010. The Regulation requires diesel trucks and buses that operate in California to be upgraded to reduce emissions. Newer heavier trucks and buses must meet particulate matter filter requirements beginning January 1, 2012. Lighter and older heavier trucks must be replaced starting January 1, 2015. By January 1, 2013, nearly all trucks and buses will need to have 2010 model year engines or equivalent.1 Since the Resolution No. 19-082 - Page 51 of 103 construction schedule of the Proposed Project extends into 2035, it is reasonable to assume that 2010 model year trucks will become more widely available commercially. Therefore, South Coast AQMD staff recommends that the Lead Agency, at a minimum, require that construction vendors, contractors, and/or haul truck operators commit to using 2010 model year or newer engines that meet CARB's 2010 engine emissions standards at 0.01 g/bhp-hr of particulate matter (PM)and 0.20 g/bhp-hr of NOx emissions or newer, cleaner trucks. When requiring ZE or NZE on-road haul trucks, the Lead Agency should include analyses to evaluate and identify sufficient power and supportive infrastructure available for ZE/NZE trucks in the Energy and Utilities and Service Systems Sections of the Final EIR, where appropriate. Additionally, the Lead Agency should require that operators maintain records of all trucks associated with the Proposed Project's construction and make these records available to the Lead Agency upon request. The records will serve as evidence to prove that each truck called to the Proposed Project meets the minimum 2010 model year engine emission standards. The Lead Agency should conduct regular inspections of the records to the maximum extent feasible and practicable to ensure compliance with this mitigation measure. Mitigation Measure MM AQ-8: Provide incentives for employees working at the proposed commercial and retail uses to encourage the use of public transportation or carpooling, such as discounted transit passes or carpool rebates. Mitigation Measure MM AQ-9: Implement a rideshare program for employees working at the proposed commercial and retail uses and set a goal to achieve a certain participation rate over a period of time. Mitigation Measure MM AQ-10: Maximize the use of solar energy including solar panels. Installing the maximum possible number of solar energy arrays on the building roofs and/or on the Proposed Project site to generate solar energy for the commercial and retail facilities and/or EV charging station at each residential and non-residential building. Mitigation Measure MM AQ-11: Require the use of electric landscaping equipment, such as lawn mower and leaf blowers. Mitigation Measure MM AQ-12: Require the use of electric or alternatively fueled sweepers with HEPA filters. Mitigation Measure MM AQ-13: Maximize the planting of trees in landscaping and parking lots. Mitigation Measure MM AQ-14: Use light colored paving and roofing materials. Mitigation Measure MM AQ-15: Utilize only Energy Star heating, cooling, and lighting devices, and appliances. Resolution No. 19-082 - Page 52 of 103 There are no feasible Mitigation Measures beyond MM-AQ-5 through MM AQ-15 that would reduce significant impact caused by operational emissions to a less than significant level.Thus,the impact associated with operational emissions remains significant and unavoidable. b. Facts in Support of Findings The primary source of construction related NOx, CO, and SOx emissions is construction equipment exhaust and on-road haul truck trips while the majority of particulate matter emissions would occur as a result of fugitive dust emissions generated during grading and excavation activities. Primary sources of PM10 and PM2.5 emissions would be clearing activities, excavation and grading operations, construction vehicle traffic on unpaved ground, and wind blowing over exposed earth surfaces. The estimated maximum daily emissions for each of the nine phases of the Project do not exceed SCAQMD's regional concentration thresholds. The EIR's analysis is conservative in that it assumes that all of the construction equipment and activities would occur continuously over the day. In reality, this would not occur, as most equipment operates only a fraction of each workday and many of the activities would not overlap on a daily basis. In addition, the emission results did not include implementation of regulatory compliance measures such as SCAQMD Rules 402 and 403, which minimize short-term emissions of dust and particulate.Therefore,the EIR's analysis of construction emissions is considered a worst case analysis. Exceedances would occur if concurrent grading and building in each individual phase were to take place. Based on the recommendation provided by the SCAQMD, implementation of Mitigation Measure MM AQ-1 and MM AQ-2 would require the use of Tier 3 off-road diesel-powered construction equipment equipped with any emissions-control device such as a Level 3 Diesel Particulate Filter(DPF)if utilizing Tier 4 construction equipment is not feasible.The measure would be expected to reduce diesel particulate matter by approximately 85 percent or more. Mitigation Measure MM AQ-3 would also require tuning and maintenance of construction equipment for maximum efficiency. SCAQMD Rule 1113 would limit the amount of VOCs in architectural coatings and solvents. In addition, the Project would comply with the applicable provisions of the California Air Resources Board's (CARE) Air Toxics Control Measure regarding idling limitations for diesel trucks. Through mandatory compliance with SCAQMD Rules and implementation of MM AQ-1 through MM AQ-3, construction-related emission impacts would be less than significant. If construction of all Project phases were to occur concurrently, construction activities would likely exceed regional VOC and NOx concentration thresholds. Again, this is based on a conservative, worst-case analysis that assumes all construction equipment activities would occur continuously over the day and that activities would overlap. This is unlikely to occur. However, Mitigation Measure MM-AQ-4 has been incorporated into the Project to require construction to be phased in accordance with the Project phasing components. As discussed in the prior paragraph, phased development would not exceed regional construction concentration thresholds. As such, construction-related air quality impacts would remain less than significant. The Project's estimated operational emissions are comprised of area, energy and mobile source emissions. Area source emissions would result from the use of consumer products, natural gas fireplaces, landscaping equipment,and periodic repainting of buildings.Consumer products include cleaning supplies, kitchen aerosols, cosmetics and toiletries. Energy emissions come from the use of natural gas for heating and hot water. All fireplaces would be gas-fueled; in accordance with SCAQMD Rule 445,there would be no wood burning fireplaces. Mobile source emissions are based Resolution No. 19-082 - Page 53 of 103 on Project-related trip generation forecasts.The Project would generate an estimated 35,446 gross tripends per day, which includes both internal and external trips. The EIR's analysis concludes that the Project's operational emissions would exceed daily operational emissions for VOC, NOx, CO, PM 10 and PM2.5. The primary source of VOC would be from consumer products from residential land uses, an area source. The primary source of NOx, CO, PM 10, and PM2.5 emissions would be from the 35,446 gross tripends per day from mobile sources. Compliance with local and State standards are not reasonably quantifiable, but would provide additional emissions reductions that are not accounted for. For example, the Project would be required to comply with California Building Code requirements for energy efficiency which would reduce natural gas emissions. The Project would be designed in accordance with applicable residential and nonresidential sections of the CALGreen Building Code as designed by the City and required by Section 17.50 of the City's Municipal Code. The Project would comply with Section 17.50 of the City's Municipal Code to install recycled water systems for all projects with a total landscape area equal to or greater than 2,500 square feet. The Project would be designed in accordance with the applicable Title 24 Energy Efficiency Standards for Residential and Nonresidential Buildings.There are no feasible Plan-level mitigation measures for consumer product VOC emission reductions. Implementation of Mitigation Measure MM AQ-5 would require preferential parking for alternative fueled vehicles and electric vehicle charging facilities for nonresidential buildings, residential buildings, parking garages and parking lots. In addition,this measure would require bicycle parking for residential building and parking facilities. Mitigation Measure MM AQ-6 would limit truck idling and would provide incentives for employees of commercial business to commute by Metrolink or bus. Mitigation Measure MM AQ-7 would require the use of zero-emissions (ZE) or near-zero emission(NZE)trucks for material delivery and heavyduty trucks for the commercial and retail uses to meet CARB's adopted optional NOx emission standard at 0.02 grams per brake horsepower- hour(g/bhp-hr). Since CARB adopted the statewide Truck and Bus Regulation in 2010, newer heavier trucks and buses would meet particulate matter filter requirements beginning January 1, 2012 and light and older heavier trucks were replaced starting January 1, 2015. The Regulation requires diesel trucks and buses that operate in California to be upgraded to reduce emissions. Mitigation Measures MM AQ-8 and MM AQ-9 would provide incentives for employees working at the proposed commercial and retail uses to use public transportation, carpooling, or rideshare programs. Mitigation Measure MM AQ-10 would maximize the use of solar energy including solar panels by installing the most feasible number of solar energy arrays on the building roof or install EV charging stations at each residential and non-residential building. Mitigation Measures MM AQ-11 and MM AQ-12 would require the use of electric landscaping equipment and electric or alternatively fueled sweepers with HEPA filters. Mitigation Measure MM AQ-13 and MM AQ-14 would maximize planting of trees in landscaping and parking lot areas and require the use of light color paving and roofing materials for cooling and energy costs savings. Mitigation Measure MM AQ-15would require the use of Energy Star heating, cooling, and lighting devices and appliances. Although implementation of Mitigation Measures MM AQ-5 and MM AQ-15 would reduce project- related VMT long-term emissions of mobile source pollutants,estimates of the amount of emissions reductions are not feasible. These measures provide incentives to reduce the number of vehicle trips with fossil-fuel only vehicles, but do not guarantee any reductions. Therefore, operational impacts would remain significant and unavoidable. The EIR includes a discussion of regional health arising out of the significant and unavoidable operational emissions impacts. Resolution No. 19-082 - Page 54 of 103 Threshold AQ-2: The proposed Project would result in a cumulatively considerable net increase of VOC, NOx, CO, PM1o, and PM2.5 and localized PM2.5 for which the project region is nonattainment under applicable federal and state ambient air quality standards. C. Findings NOx, CO, PM,o, and PM2.5 emissions arising out of the proposed Project would be significant and unavoidable. The South Coast Air Quality Basin is is currently nonattainment for Federal ozone and PM2.5 and for State ozone, PM 10, and PM2.5. Changes or alterations have been required in or incorporated into the Project to substantially lessen the potentially significant environmental effects related to these emissions. Specifically, the following measures have been included to lessen this impact. Mitigation Measure MM AQ-1: All off-road diesel-powered construction equipment greater than 50 horsepower(hp)shall meet or exceed Tier 4 off-road emissions standards. In addition, all construction equipment shall be outfitted with Best Available Control Technology(BACT) devices certified by the California Air Resources Board (CARB). Any emissions-control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 Diesel Particulate Filter(DPF)for a similarly sized engine as defined by CARB regulations. The Lead Agency should include this requirement in applicable bid documents, and successful contractor(s) must demonstrate ability to supply compliant equipment prior to the commencement of any construction activities. Additionally, the Lead Agency should require reporting and provision of written documentation by contractors to ensure compliance and conduct regular inspections to the maximum extent feasible to ensure compliance. In the event that the Lead Agency finds that Tier 4 construction equipment is not feasible pursuant to CEQA Guidelines Section 15364, the Project representative or contractor must use all off-road, diesel powered construction greater than 50 hp that meets Tier 3 off-road emission standards and other technologies/strategies approved by the Lead Agency. Alternative applicable strategies may include, but would not be limited to, reduction in the number and/or horsepower rating of construction equipment, limiting the number of daily construction haul truck trips to and from the Proposed Project, and/or limiting the number of individual construction project phases occurring simultaneously, if applicable. Mitigation Measure MM AQ-3: Maintain equipment maintenance records for the construction portion of the proposed Project. All construction equipment must be tuned and maintained in compliance with the manufacturer's recommended maintenance schedule and specifications. All maintenance records for each equipment and their construction contractor(s)should be made available for inspection and remain on-site for a period of at least two years from completion of construction. Mitigation Measure MM AQ-4: The Plan shall be developed in nine phases over approximately 13 years, as described in Section 2.0: Project Description, to minimize concurrent development. Resolution No. 19-082 - Page 55 of 103 Mitigation Measure MM AQ-16: Preparation of a Health Risk Assessment(HRA) of the proposed Sub-Area 1 to the southwest and Sub-Area 8 to the southeast if housing development were to occur within 500 feet of a freeway, urban roads with 100,000 vehicles per day, or rural roads with 50,000 vehicles per day. Disclose the potential health impacts to prospective residents from living in a close proximity of 1-210 and the reduced effectiveness of air filtration system when windows are open and/or when residents are outdoor(e.g., common usable open space areas). Many strategies are available to reduce exposure, including, but are not limited to: building filtration systems with MERV 13 or better; building design, orientation, location; and vegetation barriers or landscape screening. There are no feasible Mitigation Measures beyond MM AQ-1 through MM AQ-4 and MM AQ-16 that would reduce significant impact caused by the emissions to a less than significant level. Thus, the impact associated with the increased emission of criteria pollutants remains significant and unavoidable. d. Facts in Support of Findings According to SCAQMD, if an individual project results in air emissions of criteria pollutants that exceed SCAQMD's recommended daily thresholds for project-specific impacts, then the project would also result in a cumulatively considerable net increase of these criteria pollutants. By applying SCAQMD's cumulative air quality impact methodology,the EIR concludes that implementation of the Project would result in an increase of regional VOC, NOx, CO, PM10 and PM2.5 and localized PM2.5. Despite the implementation of Mitigation MEasures MM AQ-1 through MM AQ-4 and MM AQ-16, emissions would contribute to existing violations of the criteria pollutants in exceedance and are considered significant and unavoidable for this reason. 2. Health Risk Exposure Threshold AQ-3: The proposed Project would expose sensitive receptors to substantial pollutant concentrations. a. Findings Localized operational emissions arising out of the proposed Project would expose sensitive receptors to substantial pollutant concentrations and,therefore,would be considered significant and unavoidable. Localized construction impacts would not expose sensitive receptors to substantial pollutant concentrations. Changes or alterations have been required in or incorporated into the Project which attempt to avoid or substantially lessen the potentially significant environmental effects related to air quality impacts on sensitive receptors. Specifically,the following measure has been included to lessen the Project's potential construction emissions. Mitigation Measure MM AQ-16: Preparation of a Health Risk Assessment(HRA) of the proposed Sub-Area 1 to the southwest and Sub-Area 8 to the southeast if housing development were to occur within 500 feet of a freeway, urban roads with 100,000 vehicles per day, or rural roads with 50,000 vehicles per day. Resolution No. 19-082 - Page 56 of 103 Disclose the potential health impacts to prospective residents from living in a close proximity of 1-210 and the reduced effectiveness of air filtration system when windows are open and/or when residents are outdoor(e.g., common usable open space areas). Many strategies are available to reduce exposure, including, but are not limited to: building filtration systems with MERV 13 or better; building design, orientation, location; and vegetation barriers or landscape screening. However,there are no feasible Mitigation Measures beyond MM AQ-16 that would reduce significant impact caused by operational emissions to a less than significant level.Thus,the impact associated with operational emissions remains significant and unavoidable. b. Facts in Support of Findings Based on the EIR's analysis of localized construction emissions, both by phase and concurrently, emissions would not exceed the localized thresholds for NOx, CO, PM1o, and PM2.5 during construction. The EIR evaluated localized effects from the on-site portion of operational daily emissions at sensitive receptor locations potentially impacted by the Project according to the SCAQMD's LST methodology. Localized thresholds emissions for NOx, CO, PM,o would not exceed localized operational emissions. However, localized PM2.5emissionswould exceed emissions primarily due to the contribution of area sources (hearth and landscaping) and energy sources (natural gas). The Project would be required to comply with SCAQMD Rules 201 and 203, which requires that any facility with the potential to emit substantial amounts of air pollutants must receive permits to construct and operate the facility. Depending on the nature of the business and the associated emissions sources and pollutants, Mitigation Measure MM AQ-16 may require an emissions analysis and/or a health risk analysis to demonstrate that emissions would not exceed SCAQMD specific rules requirements and there would not be unacceptable health risks to on-and off-site receptors. Additional controls on pollutant and odor emissions are provided in Section 17.66.060 of the Development Code. The permitting process thereby ensures that facilities would not emit criteria pollutants that would result in a significant impact. However, reductions associated with compliance with local and state standards are not reasonably quantifiable. Consequently, impacts would be considered significant and unavoidable. 3. Cumulative Impacts a. Findings The proposed Project would cause a cumulatively considerable contribution of emissions to air quality. Changes or alterations have been required in or incorporated into the Project which attempt to avoid or substantially lessen the potentially significant environmental effects related to air quality impacts on sensitive receptors. Specifically, the following measures have been included to lessen the Project's potential construction emissions. Mitigation Measure MM AQ-1: All off-road diesel-powered construction equipment greater than 50 horsepower(hp) shall meet or exceed Tier 4 off-road Resolution No. 19-082 - Page 57 of 103 emissions standards. In addition, all construction equipment shall be outfitted with Best Available Control Technology(BACT) devices certified by the California Air Resources Board (CARB). Any emissions-control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 Diesel Particulate Filter(DPF)for a similarly sized engine as defined by CARB regulations. The Lead Agency should include this requirement in applicable bid documents, and successful contractor(s) must demonstrate ability to supply compliant equipment prior to the commencement of any construction activities. Additionally, the Lead Agency should require reporting and provision of written documentation by contractors to ensure compliance and conduct regular inspections to the maximum extent feasible to ensure compliance. In the event that the Lead Agency finds that Tier 4 construction equipment is not feasible pursuant to CEQA Guidelines Section 15364, the Project representative or contractor must use all off-road, diesel powered construction greater than 50 hp that meets Tier 3 off-road emission standards and other technologies/strategies approved by the Lead Agency. Alternative applicable strategies may include, but would not be limited to, reduction in the number and/or horsepower rating of construction equipment, limiting the number of daily construction haul truck trips to and from the Proposed Project, and/or limiting the number of individual construction project phases occurring simultaneously, if applicable. Mitigation Measure MM AQ-3: Maintain equipment maintenance records for the construction portion of the proposed Project. All construction equipment must be tuned and maintained in compliance with the manufacturer's recommended maintenance schedule and specifications. All maintenance records for each equipment and their construction contractor(s) should be made available for inspection and remain on-site for a period of at least two years from completion of construction. Mitigation Measure MM AQ-4: The Plan shall be developed in nine phases over approximately 13 years, as described in Section 2.0: Project Description, to minimize concurrent development. However, there are no feasible Mitigation Measures beyond MM AQ-5 through MM AQ-15, as identified above, that would reduce significant impact caused by operational emissions to a less than significant level. Thus, the cumulative impact associated with air quality emissions remains significant and unavoidable. b. Facts in Support of Findings Emissions-based thresholds be used to determine if a project's contribution to regional cumulative emissions is cumulatively considerable, according to SCAQMD. Individual projects that exceed SCAQMD recommended daily thresholds for project-specific impacts would be considered to cause a cumulatively considerable increase in emissions for those pollutants for which the Basin is in nonattainment.As discussed previously in these findings, operation of the Project would result in an increase of regional VOC, NOx, CO, PM10 and PM2.5 and localized PM2.5. Contribution of these emission to air quality would therefore be considered cumulatively considerable, despite the incorporation of Mitigation Measure MM-1 through MM-5 that seek to reduce emission levels. Resolution No. 19-082 - Page 58 of 103 In the environmental areas of Air Quality, Biological Resources, Greenhouse Gas Emissions (GHGs), Land Use and Planning, Mineral Resources, Population and Housing, and Transportation and Traffic,there are instances where potential environmental impacts would remain significant and unavoidable, as discussed below: B. BIOLOGICAL RESOURCES 1. Adverse Effects on Plant and Wildlife Species Threshold BIO-1: The proposed Project would have a direct, substantial adverse effect on species identified as candidate,sensitive, or special status species in local or regional plans, policies,or regulations,or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. a. Findings Due to habitat modifications and other direct impacts, the Project would have a have a direct, substantial adverse effect on species identified as candidate, sensitive,or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Changes or alterations have been required in or incorporated into the Project that substantially lessen the significant direct effects on those plant and wildlife specifies. Specifically, the following measures have been included to lessen the Project's direct effects on candidate, sensitive, or special status species. Mitigation Measure MM BIO-1: Management Plan. A total of 710.12 acres shall be mitigated through preservation of the Etiwanda Heights Preserve and through acquired lands within the RCA for impacts occurring within the NA. Upon adoption of the EHNCP, all lands within the RCA will be subject to a comprehensive Preserve Management and Monitoring Plan to direct management of the entire contiguous block of land, which will include a financial source to pay for management of the entire preserve area. An easement or deed restriction that precludes development will be recorded on the acquired areas within the RCA. A Conservation Management Plan (CMP)will be prepared that specifically identifies required resource management activities and the entities that will be responsible for managing those activities in perpetuity. In compliance with Chapter 3, Conservation Plan, Section 3.5, Conservation Objectives, Strategy 5.2, the CMP shall, at a minimum address the following issues: Non- Native Plant Management, Post-Flood Management, Public Access and Trail Management, Seed Collection and Dispersal Program, SBKR Habitat Management Program, and Fire Management/Fuel Modification Buffer Zones. Acquired lands within the RCA will include areas containing suitable habitat specifically for coastal California gnatcatcher and San Bernardino kangaroo rat among all other species with potential to occur within the NA. Specifically, lands acquired within the RCA would provide approximately 623 acres of suitable habitat for the San Bernardino kangaroo rat as well as conservation of United States Fish and Wildlife Service (USFWS) Critical Habitat for this species. Since the habitat within the NA is considered low quality, as described in Section 4.4.2, the compensatory mitigation ratio for San Bernardino kangaroo rat shall be 1:1, subject to approval by USFWS. A total of 721.52 acres of impacts to USFWS Critical Habitat for San Bernardino kangaroo rat would occur within the NA. The Resolution No. 19-082 - Page 59 of 103 Recommended Preserve would conserve approximately 586.70 acres of Critical Habitat for San Bernardino kangaroo rat, and there are approximately 833 acres of Critical Habitat for this species available for acquisition within the RCA. Therefore, impacts within the NA would be fully mitigated through acquisition of lands designated as Critical Habitat for San Bernardino kangaroo rat within the RCA- 586.70 acres as part of the Specific Plan, and 134.82 acres of additional preserve acquisition. Mitigation Measure MM 13I0-2: Jurisdictional Resources. Prior to the issuance of any land development permits that impact jurisdictional resources, including clearing and grubbing or grading permits, sufficient acreage within RCA or elsewhere shall be conserved, enhanced, or restored to cover all impacts to waters of the United States and California Department of Fish and Wildlife (CDFW)-only areas at a 1:1 ratio (additional mitigation may be required to satisfy agency requirements). An easement or deed restriction that precludes development will be recorded on the conservation areas. Prior to dedication of the conservation area, a Conservation Management Plan will be prepared that specifically identifies required resource management activities and the entities that will be responsible for managing those activities. A total of 65.92 acres of mitigation would be required for impacts to jurisdictional resources within the NA. A total of 57.08 acres of non-wetland waters or streambeds within the RCA Etiwanda Heights Preserve would be conserved with Plan implementation. Therefore, in order to mitigate for impacts to jurisdictional resources, a minimum of 14.30 acres would be acquired within the RCA for conservation and management. As stated previously and shown on Figure 4.3-3, there are approximately 461.53 acres of jurisdictional resources within the RCA. It should be noted that this total does not include the RCA Etiwanda Heights Preserve since these jurisdictional resources are already accounted for in Table 4.3-13. Therefore, acquisition of lands within the RCA to mitigate impacts to jurisdictional resources would be feasible even with slight changes to the impact footprint. Table 5, Table 5, Minimum Mitigation Required for Impacts to Jurisdictional Resources, of Appendix F of the Final EIR summarizes the mitigation required for impacts to jurisdictional resources. Mitigation Measure 13I0-3: Special-Status Plant Species Monitoring Plan. For species federally and/or state-listed as threatened or endangered, prior to construction activities occurring within occupied habitat, a mitigation and monitoring plan shall be submitted to and approved by the USFWS (for federally listed plants)and/or CDFW (for state-listed plants). Regulatory agency approval is required prior to implementation of the Plan. Prior to Plan implementation, a translocation plan shall be developed and implemented for non-listed plant species, prior to construction activities occurring within occupied habitat for that species. Based on the current impacts within the Neighborhood Area, two special-status plant species (intermediate mariposa lily and Parry's spineflower)would require translocation of individuals. The mitigation and monitoring plan for the transplanted special-status plant(s) shall describe the following as needed based on plant species: (1)the location of feasible mitigation sites; (2) site preparation measures as needed such as topsoil treatment, soil decompaction, erosion Resolution No. 19-082 - Page 60 of 103 control, temporary irrigation systems, and removal of non-native species; (3) a schedule and action plan to maintain and monitor the mitigation areas; (4) adaptive management measures such as replanting, weed control, or erosion control to be implemented if habitat improvement/restoration efforts are not successful; (5)the source of all plant propagules (seed, potted nursery stock, etc.) and the quantity and species of seed or potted stock of all plants to be introduced or planted into the restoration/enhancement areas; (6)a schedule and action plan to maintain and monitor the enhancement/restoration areas, to include at minimum, qualitative annual monitoring for revegetation success and site degradation due to erosion, trespass, or animal damage for a period no less than two years; (7) as needed where sites are near trails or other access points, measures such as fencing, signage, or security patrols to exclude unauthorized entry into the restoration/enhancement areas; and (8) contingency measures such as replanting, weed control, or erosion control to be implemented if habitat improvement/restoration efforts are not successful. Take of any listed species, or collection and transplantation of any individuals and populations of any listed species, will require approval by the USFWS and/or CDFW and issuance of an Incidental Take Permit. Mitigation Measure MM BIO-4: Coastal California Gnatcatcher Surveys. No clearing, grubbing, grading, or other construction activities shall occur during the coastal California gnatcatcher(Polioptila californica californica) breeding season (March 1 to August 15). If construction activities cannot be completed outside coastal California gnatcatcher breeding season, then a pre-construction survey shall be conducted in all areas of suitable habitat, by a qualified biologist (possessing a valid Endangered Species Act Section 10(a)(1)(a) Recovery Permit). If found during pre-construction surveys, a 500-foot buffer would be required around the nest site. For potential impacts associated with construction noise, presence or absence of coastal California gnatcatcher would be determined by pre-construction surveys conducted by a qualified biologist adjacent to the Neighborhood Area. Coastal sage scrub outside of the impact area would be flagged to protect it from construction equipment as directed by the biologist. Between March 1 and August 15, no noise-generating construction activities that exceed ambient noise levels would occur in close proximity to occupied habitat. If necessary, other measures shall be implemented in consultation with the biologist as necessary, to reduce noise levels. Measures may include, but are not limited to, limitations on the placement of construction equipment and the simultaneous use of equipment. Mitigation Measure MM BIO-5: Burrowing Owl Surveys. Prior to issuance of any land development permits, including clearing, grubbing, and grading permits, an approved biologist to conduct focused pre-construction surveys for burrowing owl (Athene cunicularia) shall be retained. The surveys shall be performed no earlier than 30 days prior to the commencement of any clearing, grubbing, or grading activities. If occupied burrows are detected, the approved biologist shall prepare a passive relocation mitigation plan that outlines appropriate buffering distances and timing and stipulates the passive relocation process. Any impacted occupied burrows would be replaced at a minimum 2:1 ratio proximate to the Resolution No. 19-082 - Page 61 of 103 location of impact. The plan would be subject to review and approval by the wildlife agencies and the City, including any subsequent burrowing owl relocation plans to avoid impacts from construction-related activities. Mitigation Measure MM 13I0-6: Nesting Bird Surveys. Construction activities involving vegetation removal shall be avoided during nesting bird season, from approximately March 15 through September 15, as directed by Section 4.4 of the City of Rancho Cucamonga General Plan (City of Rancho Cucamonga 2010a). If construction activities cannot be completed outside the nesting bird season, a pre-construction nesting bird survey shall be conducted. Special attention shall be given during surveys for ground-nesting birds (e.g., killdeer(Charadrius vociferus), lesser nighthawks (Chordeiles acutipennis), northern harriers (Circus cyaneus))due to the amount of nests observed during field surveys. Surveys shall be conducted within 500 feet of disturbance areas no earlier than 3 days prior to the commencement of disturbance. If construction activities are delayed, then additional pre-construction surveys shall be conducted such that no more than 3 days will have elapsed between the survey and ground-disturbance activities. If active nests are found, clearing and construction shall be postponed or halted within a buffer area, established by the qualified biologist, that is suitable to the particular bird species and location of the nest, until the nest is vacated and juveniles have fledged, as determined by the biologist. The construction avoidance area shall be clearly demarcated in the field with highly visible construction fencing or flagging, and construction personnel shall be instructed on the sensitivity of nest areas. A biologist shall serve as a construction monitor during those periods when construction activities will occur near active nest areas to ensure that no inadvertent impacts on these nests occur. The results of the surveys, including graphics showing the locations of any active nests detected, and documentation of any avoidance measures taken, shall be submitted to CDFW and the City within 14 days of completion of the pre-construction surveys or construction monitoring to document compliance with applicable state and federal laws pertaining to the protection of native birds. Mitigation Measure MM BIO-7: Small Mammal Trapping and Clearance Surveys. Thirty days prior to construction activities in suitable habitat, a qualified biologist shall conduct a survey within the proposed construction disturbance zone and within 200 feet of the disturbance zone for pallid bat(Antrozous pallidus), American badger(Taxidea taxus), northwestern San Diego pocket mouse (Chaetodipus fallax fallax), Los Angeles pocket mouse (Perognathus longimembris brevinasus), and San Diego desert woodrat(Neotoma lepida intermedia). Mitigation Measure MM BIO-7a: No earlier than 30 days prior to the commencement of construction activities, a preconstruction survey shall be conducted by a qualified biologist to determine if active roosts of bats are present on or within 300 feet of the Neighborhood Area disturbance boundaries. Should an active maternity roost be identified (in California, the breeding season of native bat species is generally from April 1 through August 31), the roost shall not be disturbed, and construction within 300 feet shall be postponed or halted, until the Resolution No. 19-082 - Page 62 of 103 roost is vacated and juveniles have fledged. Surveys shall include rocky outcrops, caves, structures, and large trees (particularly trees 12 inches in diameter or greater at 4.5 feet above grade with loose bark or other cavities). Trees and rocky outcrops shall be surveyed by a qualified bat biologist(i.e., a biologist holding a CDFW collection permit and a Memorandum of Understanding with CDFW allowing the biologist to handle bats). If active maternity roosts or hibernacula are found, the rock outcrop or tree occupied by the roost shall be avoided (i.e., not removed) by the Neighborhood Area. If avoidance of the maternity roost must occur, the bat biologist shall survey(through the use of radio telemetry or other CDFW approved methods)for nearby alternative maternity colony sites. If the bat biologist determines in consultation with and with the approval of CDFW that there are alternative roost sites used by the maternity colony and young are not present then no further action is required. If a maternity roost will be impacted by the activities proposed within the Neighborhood Area, and no alternative maternity roosts are in use near the site, substitute roosting habitat for the maternity colony shall be provided on, or in close proximity to, the Neighborhood Area no less than 3 months prior to the eviction of the colony. Large concrete walls (e.g., on bridges) on south or southwestern slopes that are retrofitted with slots and cavities are an example of structures that may provide alternative potential roosting habitat appropriate for maternity colonies. Alternative roost sites must be of comparable size and proximal in location to the impacted colony. CDFW shall also be notified of any hibernacula or active nurseries within the construction zone. If non-breeding bat hibernacula are found in trees scheduled to be removed or in crevices in rock outcrops within the grading footprint, the individuals shall be safely evicted, under the direction of a qualified bat biologist, by opening the roosting area to allow airflow through the cavity or other means determined appropriate by the bat biologist(e.g., installation of one-way doors). In situations requiring one-way doors, a minimum of 1 week shall pass after doors are installed and temperatures should be sufficiently warm for bats to exit the roost because bats do not typically leave their roost daily during winter months in southern coastal California. This action should allow all bats to leave during the course of 1 week. Roosts that need to be removed in situations where the use of one-way doors is not necessary in the judgment of the qualified bat biologist in consultation with CDFW shall first be disturbed by various means at the direction of the bat biologist at dusk to allow bats to escape during the darker hours, and the roost tree shall be removed or the grading shall occur the next day(i.e., there shall be no less or more than one night between initial disturbance and the grading or tree removal). These actions should allow bats to leave during nighttime hours, thus increasing their chance of finding new roosts with a minimum of potential predation during daylight. If an active maternity roost is located on the Neighborhood Area, and alternative roosting habitat is available, the demolition of the roost site must commence before maternity colonies form (i.e., prior to March 1) or after young are flying (i.e., after July 31) using the exclusion techniques described above. Resolution No. 19-082 - Page 63 of 103 Mitigation Measure MM BIO-7b: Thirty days prior to construction activities in scrub and chaparral habitats, or other suitable habitat a qualified biologist shall conduct a survey within the proposed construction disturbance zone and within 200 feet of the disturbance zone for American badger. If American badgers are present, occupied habitat shall be flagged and ground- disturbing activities avoided within 50 feet of the occupied den. Maternity dens shall be avoided during the pup-rearing season (February 15 through July 1)and a minimum 200-foot buffer established. This buffer may be reduced based on the location of the den upon consultation with CDFW. Maternity dens shall be flagged for avoidance, identified on construction maps, and a qualified biologist shall be present during construction. If avoidance of anon-maternity den is not feasible, badgers shall be relocated either by trapping or by slowly excavating the burrow (either by hand or mechanized equipment under the direct supervision of the biologist, removing no more than 4 inches at a time) before or after the rearing season (February 15 through July 1). Any relocation of badgers shall occur only after consultation with CDFW. A written report documenting the badger removal shall be provided to CDFW within 30 days of relocation. Collection and relocation of animals shall only occur with the proper scientific collection and handling permits. Mitigation Measure MM BI0-7c: Trapping and relocation for northwestern San Diego pocket mouse and Los Angeles pocket mouse will occur in all areas of soil disturbance and construction, if required by CDFW. Mitigation Measure MM BI0-7d: If active San Diego desert woodrat nests (stick houses)are identified within the disturbance zone or within 100 feet of the disturbance zone, a fence shall be erected around the nest site adequate to provide the woodrat sufficient foraging habitat at the discretion of the qualified biologist in consultation with CDFW. Clearing and construction within the fenced area will be postponed or halted until young have left the nest. The biologist shall serve as a construction monitor during those periods when disturbance activities will occur near active nest areas to ensure that no inadvertent impacts to these nests will occur. If avoidance is not possible, the following sequential steps shall be taken: (1)all understory vegetation will be cleared in the area immediately surrounding active nests, followed by a period of one night without further disturbance to allow woodrats to vacate the nest; (2) each occupied nest will then be disturbed by a qualified wildlife biologist until all woodrats leave the nest and seek refuge off site; and (3)the nest sticks shall be removed from the Neighborhood Area and piled at the base of a nearby hardwood tree (preferably a coast live oak or California walnut). Relocated nests shall not be spaced closer than 100 feet apart, unless a qualified wildlife biologist has determined that a specific habitat can support a higher density of nests. All woodrat nests moved shall be documented and a written report provided to CDFW. All woodrat relocation shall be conducted by a qualified biologist in possession of a scientific collecting permit. Mitigation Measure MM BI0-8: Reptile Clearance Surveys. A qualified biologist will be present during construction activities immediately adjacent to or Resolution No. 19-082 - Page 64 of 103 within habitat that supports populations of special-status reptile species. Clearance surveys for special-status reptiles shall be conducted by the qualified biologist prior to the initiation of construction each day. Results of the surveys and relocation efforts shall be provided to CDFW in the annual mitigation status report. Collection and relocation of animals shall only occur with the proper scientific collection and handling permits. There are no feasible Mitigation Measures beyond MM BI0-1 through MM BI0-8 that would reduce significant direct impact to candidate, sensitive, or special status species. This is particularly true because the extent of the impact is unknown and is dependent on the amount of conservation lands that will be required pursuant to Mitigation Measure MM BI0-1.Thus,the direct impact to candidate, sensitive, or special status species remains significant and unavoidable. However, changes or alterations have been required in or incorporated into the Project that reduce the indirect impact on candidate, sensitive, or special status species to a less than significant level. Specifically,the following mitigation measure has been included to ensure that the Project's indirect effects on species habitat are less than significant. Mitigation Measure MM BIO-9: Indirect Impacts to Special-Status Resources. The following best management practices shall be implemented to minimize indirect impacts to special-status resources: 1. Biological Monitor. Prior to issuance of land development permits, including clearing, grubbing, grading, and/or construction permits, written confirmation that a qualified biologist has been retained to implement the Neighborhood Area's biological monitoring program shall be provided. The letter shall include the names and contact information of all persons involved in the biological monitoring of the Neighborhood Area. The biological monitor shall attend all pre-construction meetings and be present during the removal of any vegetation to ensure that the approved limits of disturbance are not exceeded and provide periodic monitoring of the impact area including, but not limited to, trenches, stockpiles, storage areas, and protective fencing. The biological monitor shall be authorized to halt all associated Neighborhood Area activities that may be in violation of any permits issued by agencies having jurisdictional authority over the Neighborhood Area. Before construction activities occur in areas containing sensitive biological resources, all workers shall be educated by the qualified biologist to recognize and avoid those areas that have been marked as sensitive biological resources. 2. Worker Environmental Awareness Program (WEAP). Prior to grading and construction activities, a qualified biologist shall be retained to conduct a Worker Environmental Awareness Program (WEAP)for all construction/contractor personnel. A list of construction personnel who have completed training prior to the start of construction shall be maintained on site, and this list shall be updated as required when new personnel start work. No construction worker may work in the field for more than 5 days without participating in the WEAP. The qualified biologist shall provide ongoing guidance to construction personnel and contractors to ensure compliance with environmental/permit regulations and mitigation measures. The qualified biologist shall perform the following: Resolution No. 19-082 - Page 65 of 103 • Provide training materials and briefings to all personnel working on site. The material shall include but not be limited to the identification and status of plant and wildlife species, significant natural plant community habitats (e.g., riparian), fire protection measures, and review of mitigation requirements. • A discussion of the federal and state Endangered Species Acts, Migratory Bird Treaty Act, other state or federal permit requirements and the legal consequences of non-compliance with these acts; • Attend the pre-construction meeting to ensure that timing/location of construction activities do not conflict with other mitigation requirements (e.g., seasonal surveys for nesting birds, pre- construction surveys, or relocation efforts); • Conduct meetings with the contractor and other key construction personnel describing the importance of restricting work to designated areas. Maps showing the location of special status wildlife or populations of rare plants, exclusion areas, or other construction limitations (e.g., limitations on nighttime work)will be provided to the environmental monitors and construction crews prior to ground disturbance. This applies to pre-construction activities, such as site surveying and staking, natural resources surveying or reconnaissance, establishment of water quality best management practices, and geotechnical or hydrological investigations; • Discuss procedures for minimizing harm to or harassment of wildlife encountered during construction and provide a contact person in the event of the discovery of dead or injured wildlife; • Ensure that haul roads, access roads, and on-site staging and storage areas are sited within grading areas to minimize degradation of vegetation communities adjacent to these areas (if activities outside these limits are necessary, they shall be evaluated by the biologist to ensure that no special-status species habitats will be affected); • Conduct a field review of the staking (to be set by the surveyor) designating the limits of all construction activity; • Ensure and document that required pre-construction surveys and/or relocation efforts have been implemented; • Be present during initial vegetation clearing and grading; and • Submit to CDFW an immediate report(within 72 hours)of any conflicts or errors resulting in impacts to special status biological resources. 3. Construction Fencing. The construction limits shall be flagged prior to ground-disturbance activities, and all construction activities, including equipment staging and maintenance, shall be conducted within the flagged disturbance limits. Fencing shall remain in place during all construction activities. Prior to release of grading and/or improvement bonds, a qualified biologist shall provide evidence that work was conducted as authorized under the approved land development permit and associated plans. Resolution No. 19-082 - Page 66 of 103 4. Toxic Substances. Prior to the issuance of grading permits, evidence shall be submitted indicating that the use of chemicals or the generation of by-products such as pesticides, herbicides, and animal waste, and other substances that are potentially toxic or impactive to native habitats/flora/fauna (including water) shall incorporate measures to reduce impacts caused by the application and/or drainage of such materials into the conservation area within the Neighborhood Area. No trash, oil, parking, or other construction/development-related material/activities shall be allowed outside any approved construction limits. All construction-related activity that may have potential for leakage or intrusion shall be monitored by the qualified biologist. b. Facts in Support of Findings Direct Impacts Based on geography, topography, vegetation communities, and soils occurring within the Rural/Conservation Area, there are 38 special-status plant species and 27 special-status wildlife species with moderate or high potential to occur. The EIR's Biological Report provides an analysis of special-status plant and wildlife species with potential to occur within the Rural/Conservation Area.Although the exact location and amount of impacts on privately owned lands located within the Rural/Conservation Area site is unknown, impacts to special-status plant species would be potentially significant. Impacts to three special-status plants species and 20 special-status wildlife occurring or have potential to occur within the Neighborhood Area are potentially significant. The four special status plant species include the intermediate mariposa lily, parry's spineflower, plummer's mariposa lily, and California walnut. Direct impacts to the intermediate mariposa lily and parry's spineflower are significant because these species are rare, threatened, or endangered in California. However, impacts to these species would be reduced to less than significant through conservation of lands within the Etiwanda Heights Preserve , acquisition of lands within the Rural/Conservation Area pursuant to Mitigation Measure MM BIO-1, and through translocation of these two species as directed by Mitigation Measure MM BIO-3 Direct impacts to the Plummer's mariposa lily and California walnut, are not considered significant because these species are of low sensitivity,and the on-site populations are not significant in terms of the ability for this species to persist. In addition, the species do not occur within the Project Area in a population that is considered regionally significant and/or are common in the study area. However, acquisition of lands within the Rural/Conservation Area pursuant to Mitigation Measure MM BIO-1 would provide suitable habitat for these species and reduce impacts to a less than significant level. The 20 special-status wildlife species occurring or have potential to occur within the Neighborhood Area are: coastal California gnatcatcher, San Bernardino kangaroo rat, burrowing owl, loggerhead shrike, prairie falcon, Cooper's hawk, southern California rufous-crowned sparrow, Bell's sage sparrow (Artemisiospiza belli belli), northern harrier, rufous hummingbird, Costa's hummingbird, Lawrence's goldfinch, northwestern San Diego pocket mouse, pallid bat (Antrozous pallidus), American badger (Taxidea taxus), Los Angeles pocket mouse (Perognathus longimembris brevinasus), San Diegan tiger whiptail, southern California legless lizard (Anniella stebbinsi), California glossy snake(Arizona elegans occidentalis), and Blainville's horned lizard. Although the San Diego pocket mouse was the only species observed in trapping sites conducted in the Resolution No. 19-082 - Page 67 of 103 Neighborhood Area, the Neighborhood Area contains habitat suitable for the other species to be present on site. The Neighborhood Area and a portion of the Rural/Conservation Area containing the Etiwanda Heights Preserve was surveyed and no coastal California gnatcatcher were observed. Therefore, impacts to coastal California gnatcatcher are not anticipated. However, because the Neighborhood Area supports coastal sage scrub communities and other sensitive habitats, a pre-construction survey would be completed to reduce potential impacts to less than significant pursuant to Mitigation Measure MM BIO-5. Nevertheless, should coastal California gnatcatchers be found during pre- construction surveys, consultation with the USFWS would be required. Permanent impacts to suitable habitat for coastal California gnatcatcher would be mitigated through Mitigation Measure MM BIO-4, Coastal California Gnatcatcher Surveys,and Mitigation Measure MM BIO-1,which would acquire suitable habitat for coastal California gnatcatcher within the Rura/Conservation Area. However, it is possible that a sufficient amount of suitable habitat cannot be acquired, and thus the direct impact on the California gnatcatcher would remain significant. San Bernardino kangaroo rat was not observed, but there is potential for this species to occur on site, and approximately 2,813 acres of USFWS Critical Habitat is present within both the Neighborhood Area and Rural/Conservation Area. Permanent impacts to suitable habitat for San Bernardino kangaroo rat are partially mitigated through Mitigation Measure MM BIO-1,which would acquire suitable habitat for San Bernardino kangaroo rat within the Rural/Conservation Area.Other possible mitigation opportunities could include future reintroduction of San Bernardino kangaroo rat into conservation areas. All efforts concerning reintroduction would be conducted in consultation with USFWS. Separate from, but inclusive of, impacts to suitable habitat as discussed above, impacts to 721.52 acres of unoccupied USFWS Critical Habitat for San Bernardino kangaroo rat would be significant absent the mitigation provided in Mitigation Measure MM BIO-1, which would require acquisition of lands containing Critical Habitat for San Bernardino kangaroo rat. However, if a sufficient amount of suitable habitat cannot be acquired, this impact to the San Bernardino kangaroo rat remain significant. Although no burrowing owls were observed within the Neighborhood Area, there is moderate potential for this species to occur. Therefore, Mitigation Measure MM BIO-5, which requires pre- construction surveys for burrowing owl, would be implemented to reduce potential impacts to less than significant. Additionally, potential impacts to burrowing owl would be further reduced through acquisition of lands within the Rural/Conservation Area pursuant to Mitigation Measure MM BIO-1. The Neighborhood Area would impact 623.35 acres of suitable nesting and foraging habitat for loggerhead shrike, Cooper's hawk, southern California rufous-crowned sparrow, Costa's hummingbird, rufous hummingbird, Bell's sage sparrow,and Lawrence's goldfinch. Individual adults of these species are unlikely to be directly killed or injured during construction activities because they are highly mobile and would likely leave the area during construction. However, nesting activities could be disrupted if construction occurs during the breeding season as a result of nest abandonment or reduced reproductive success. Nests, eggs, and young could be directly affected by vegetation clearing and grading. These impacts can be reduced to less-than significant levels through the implementation of Mitigation Measure MM BIO-6,which would require preconstruction nesting bird surveys. Additionally, impacts to these species would be further reduced through acquisition of lands within the Rural/Conservation Area pursuant to Mitigation Measure MM BIO-1. Although prairie falcon and northern harrier are not likely to nest on site due to lack of suitable nesting habitat, the Neighborhood Area would impact 623.35 acres of suitable foraging habitat. Raptor species could forage virtually anywhere on site where prey is available. Permanent impacts Resolution No. 19-082 - Page 68 of 103 to foraging habitat for these species would be significant and would require implementation of Mitigation Measure MM BIO-1, which would acquire lands containing suitable foraging habitat and potential nesting habitat within the Rural/Conservation Area. The Neighborhood Area would impact 623.35 acres of suitable habitat for pallid bat, American badger, Los Angeles pocket mouse, northwestern San Diego pocket mouse and San Diego desert woodrat(Neotoma lepida intermedia). Construction could result in direct impacts to foraging and roosting habitat for pallid bat and could directly affect individuals at roost sites. Individual adults foraging on-site are unlikely to be directly killed or injured during construction activities because they are highly mobile and only active at night. Still, individuals could be killed or harmed if active roost sites were removed, either causing direct mortality or more likely causing abandonment during the day. Direct impacts to foraging habitat would be reduced through the acquisition of lands within the Rural/Conservation Area (Mitigation Measure MM 13I0-1). Direct impacts to individuals, including young, at roost sites, as a result of construction activities would also be significant and would be reduced through Mitigation Measure MM BIO-7a,which would require pre-construction surveys for active bat roosts. American badger was not observed but has moderate potential to occur on site. Individual adults are unlikely to be directly killed or injured during construction activities because they are fairly mobile and should be able to escape from construction areas. The greatest potential for direct impacts to badgers would be mortality of young in a natal den and potentially the mother, which fiercely defends the natal den.While adults are highly mobile and can usually escape human disturbances, young natal dens and females defending natal dens, would be highly vulnerable to injury and mortality during construction. Direct impacts to individuals would be significant absent mitigation provided in Mitigation Measure MM BIO-7b, which would require pre-construction surveys for American badgers. Additionally, impacts to these species would be further reduced through acquisition of lands within the Rural/Conservation Area (Mitigation Measure MM BIO-1). Northwestern San Diego pocket mouse was observed within all 41 small mammal trapping sites, indicating an abundance of individuals. Los Angeles pocket mouse was not observed during the trapping efforts but has moderate potential to occur due to suitable habitat present on-site. San Diego desert woodrat was observed during the small mammal trapping, and woodrat middens were observed throughout the site. These species could be killed or injured during vegetation clearing and grading. Individuals may escape direct impacts but unless they were able to move into adjacent habitat, their chance of survival upon being flushed from a burrow or midden would be low. Therefore, both adults and young dependent on the nest would be highly vulnerable to injury and mortality during construction. Direct impacts to northwestern San Diego pocket mouse and Los Angeles pocket mouse would be significant absent the mitigation proposed in Mitigation Measure MM BIO-7c, which would require pre-construction trapping surveys. Direct impacts to San Diego desert woodrat individuals would be significant absent mitigation proposed in Mitigation Measure MM BIO-8d,which would require pre-construction clearance surveys.Additionally,impacts to these species would be further reduced through acquisition of lands within the Rural/Conservation Area (Mitigation Measure MM BIO-1). The Neighborhood Area would result in impacts to 623.35 acres of suitable habitat for San Diego tiger whiptail, southern California legless lizard, California glossy snake, and Blainville's horned lizard.Although some individuals can move quickly over short distances in short bursts,they do not move far, and other individuals are cryptic and slow moving on the surface or are otherwise underground. Therefore, these species are all highly vulnerable to injury and mortality during construction. Impacts to special-status reptiles would be reduced to less than significant by the following measures: Mitigation Measure MM 13I0-1, which would acquire lands containing suitable Resolution No. 19-082 - Page 69 of 103 habitat within the Rural/Conservation Area; Mitigation Measure MM 13I0-8,which would require pre- construction clearance surveys; and Mitigation Measure MM 13I0-9, which would require worker awareness training by a qualified biologist for all construction personnel. Although most biological impacts can be reduced to a less than significant level by the incorporation of Mitigation Measures MM BIO-1 through MM Bio-9 into the Project, significant direct impacts may still remain for certain plant and wildlife species. Indirect Impacts Short-term indirect impacts to special-status plant would primarily result from construction-related dust,which could disrupt plant vitality in the short term,as well as soil erosion and runoff. Long-term indirect impacts on special-status plants would most likely occur as a result of trampling of vegetation by humans and domestic pets, invasion by exotic species, alteration of the natural fire regime, and exposure to urban pollutants (e.g., fertilizers, pesticides, herbicides, and other hazardous materials). If development were to occur on the privately-owned lands located within the Rural/Conservation Area, indirect effects may include dust, which could disrupt plant vitality in the short term, or construction-related soil erosion and runoff. Long-term edge effects could include intrusions by humans and possible trampling of individual plants, invasion by exotic plant and wildlife species, exposure to urban pollutants (fertilizers, pesticides, herbicides, and other hazardous materials), soil erosion, litter,fire,and hydrologic changes(e.g.,surface and groundwater level and quality). Indirect impacts to special-status plants would be significant absent mitigation and would be avoided with the implementation of Mitigation Measure MM 13I0-9, which would require impacts to occur only within the disturbance limits, use of BMPs and erosion control,control of invasive weeds, and avoidance of toxic substances that could affect plant life. Indirect impacts to special-status wildlife species may include both habitat degradation and effects on individuals. Habitat degradation may occur in the same manner as discussed above. However, it should be noted that over the long term, indirect impacts on wildlife are expected to be limited along the open space—urban interface, because most of the Neighborhood Area is bordered by existing and future development,and there will be a relatively small amount of interface(or"edge")between development and open space. Dust can impact vegetation surrounding the Neighborhood Area, resulting in changes in the community structure and function.These changes could result in impacts to suitable habitat for special-status wildlife species. Wildlife may also be indirectly affected in the short term and long term by construction-related noise, which can disrupt normal activities, cause lasting stress, and subject wildlife to higher predation risks.Trash and garbage from Neighborhood Area-related activities could attract invasive predators such as ravens, gulls, crows, opossums, skunks, and raccoons that could impact the native wildlife species within the adjacent Etiwanda Heights Preserve.Accidental spills of hazardous chemicals could contaminate surface waters and indirectly impact wildlife species through direct or secondary poisoning and other sub-lethal effects (e.g.,endocrine impacts), reduced prey availability, or altering suitable habitat.With implementation of Mitigation Measure MM 13I0-9, which would require impacts to occur only within the disturbance limits, use of BMPs and erosion control,minimizing noise,worker-awareness training,trash removal, and avoidance of toxic substances. As a result, indirect impacts to wildlife would be less than significant. 2. Adverse Effects on Vegetation Threshold 13I0-2: The proposed Project would have a substantial adverse effect on riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Resolution No. 19-082 - Page 70 of 103 a. Findings The Project would have a have a direct, substantial adverse effect on riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Changes or alterations have been required in or incorporated into the Project that substantially lessen the direct,significant effects on riparian habitat and other sensitive natural communities. Specifically, the following measures have been included to reduce the Project's direct effects on these resources. Mitigation Measure MM BI0-1: Management Plan. A total of 710.12 acres shall be mitigated through preservation of the Etiwanda Heights Preserve and through acquired lands within the RCA for impacts occurring within the NA. Upon adoption of the EHNCP, all lands within the RCA will be subject to a comprehensive Preserve Management and Monitoring Plan to direct management of the entire contiguous block of land, which will include a financial source to pay for management of the entire preserve area. An easement or deed restriction that precludes development will be recorded on the acquired areas within the RCA. A Conservation Management Plan (CMP)will be prepared that specifically identifies required resource management activities and the entities that will be responsible for managing those activities in perpetuity. In compliance with Chapter 3, Conservation Plan, Section 3.5, Conservation Objectives, Strategy 5.2, the CMP shall, at a minimum address the following issues: Non- Native Plant Management, Post-Flood Management, Public Access and Trail Management, Seed Collection and Dispersal Program, SBKR Habitat Management Program, and Fire Management/Fuel Modification Buffer Zones. Acquired lands within the RCA will include areas containing suitable habitat specifically for coastal California gnatcatcher and San Bernardino kangaroo rat among all other species with potential to occur within the NA. Specifically, lands acquired within the RCA would provide approximately 623 acres of suitable habitat for the San Bernardino kangaroo rat as well as conservation of United States Fish and Wildlife Service (USFWS) Critical Habitat for this species. Since the habitat within the NA is considered low quality, as described in Section 4.4.2, the compensatory mitigation ratio for San Bernardino kangaroo rat shall be 1:1, subject to approval by USFWS. A total of 721.52 acres of impacts to USFWS Critical Habitat for San Bernardino kangaroo rat would occur within the NA. The Recommended Preserve would conserve approximately 586.70 acres of Critical Habitat for San Bernardino kangaroo rat, and there are approximately 833 acres of Critical Habitat for this species available for acquisition within the RCA. Therefore, impacts within the NA would be fully mitigated through acquisition of lands designated as Critical Habitat for San Bernardino kangaroo rat within the RCA- 586.70 acres as part of the Specific Plan, and 134.82 acres of additional preserve acquisition. Mitigation Measure MM BI0-9: Indirect Impacts to Special-Status Resources. The following best management practices shall be implemented to minimize indirect impacts to special-status resources: 1. Biological Monitor. Prior to issuance of land development permits, including clearing, grubbing, grading, and/or construction permits, written confirmation that Resolution No. 19-082 - Page 71 of 103 a qualified biologist has been retained to implement the Neighborhood Area's biological monitoring program shall be provided. The letter shall include the names and contact information of all persons involved in the biological monitoring of the Neighborhood Area. The biological monitor shall attend all pre-construction meetings and be present during the removal of any vegetation to ensure that the approved limits of disturbance are not exceeded and provide periodic monitoring of the impact area including, but not limited to, trenches, stockpiles, storage areas, and protective fencing. The biological monitor shall be authorized to halt all associated Neighborhood Area activities that may be in violation of any permits issued by agencies having jurisdictional authority over the Neighborhood Area. Before construction activities occur in areas containing sensitive biological resources, all workers shall be educated by the qualified biologist to recognize and avoid those areas that have been marked as sensitive biological resources. 2. Worker Environmental Awareness Program (WEAP). Prior to grading and construction activities, a qualified biologist shall be retained to conduct a Worker Environmental Awareness Program (WEAP)for all construction/contractor personnel. A list of construction personnel who have completed training prior to the start of construction shall be maintained on site, and this list shall be updated as required when new personnel start work. No construction worker may work in the field for more than 5 days without participating in the WEAP. The qualified biologist shall provide ongoing guidance to construction personnel and contractors to ensure compliance with environmental/permit regulations and mitigation measures. The qualified biologist shall perform the following: • Provide training materials and briefings to all personnel working on site. The material shall include but not be limited to the identification and status of plant and wildlife species, significant natural plant community habitats (e.g., riparian), fire protection measures, and review of mitigation requirements. • A discussion of the federal and state Endangered Species Acts, Migratory Bird Treaty Act, other state or federal permit requirements and the legal consequences of non-compliance with these acts; •Attend the pre-construction meeting to ensure that timing/location of construction activities do not conflict with other mitigation requirements (e.g., seasonal surveys for nesting birds, pre- construction surveys, or relocation efforts); • Conduct meetings with the contractor and other key construction personnel describing the importance of restricting work to designated areas. Maps showing the location of special status wildlife or populations of rare plants, exclusion areas, or other construction limitations (e.g., limitations on nighttime work)will be provided to the environmental monitors and construction crews prior to ground disturbance. This applies to pre-construction activities, such as site surveying and staking, natural resources surveying or reconnaissance, establishment of water quality best management practices, and geotechnical or hydrological investigations; • Discuss procedures for minimizing harm to or harassment of wildlife encountered during construction and provide a contact person in the event of the discovery of dead or injured wildlife; Resolution No. 19-082 - Page 72 of 103 • Ensure that haul roads, access roads, and on-site staging and storage areas are sited within grading areas to minimize degradation of vegetation communities adjacent to these areas (if activities outside these limits are necessary, they shall be evaluated by the biologist to ensure that no special-status species habitats will be affected); • Conduct a field review of the staking (to be set by the surveyor)designating the limits of all construction activity; • Ensure and document that required pre-construction surveys and/or relocation efforts have been implemented; • Be present during initial vegetation clearing and grading; and • Submit to CDFW an immediate report(within 72 hours)of any conflicts or errors resulting in impacts to special status biological resources. 3. Construction Fencing. The construction limits shall be flagged prior to ground-disturbance activities, and all construction activities, including equipment staging and maintenance, shall be conducted within the flagged disturbance limits. Fencing shall remain in place during all construction activities. Prior to release of grading and/or improvement bonds, a qualified biologist shall provide evidence that work was conducted as authorized under the approved land development permit and associated plans. 4. Toxic Substances. Prior to the issuance of grading permits, evidence shall be submitted indicating that the use of chemicals or the generation of by-products such as pesticides, herbicides, and animal waste, and other substances that are potentially toxic or impactive to native habitats/flora/fauna (including water) shall incorporate measures to reduce impacts caused by the application and/or drainage of such materials into the conservation area within the Neighborhood Area. No trash, oil, parking, or other construction/development-related material/activities shall be allowed outside any approved construction limits. All construction-related activity that may have potential for leakage or intrusion shall be monitored by the qualified biologist. There are no feasible Mitigation Measures beyond MM BIO-1 and MM BIO-9 that would reduce significant direct impact to riparian habitat and other sensitive natural communities. This is particularly true because the extent of the impact is unknown and is dependent on the amount of conservation lands that will be required pursuant to Mitigation Measure MM BIO-1.Thus,the direct impact to riparian habitat and other sensitive natural communities remains significant and unavoidable. However, changes or alterations have been required in or incorporated into the Project that reduce the Project's indirect impact on riparian habitat and other sensitive natural communities to a less than significant level. Specifically, Mitigation Measure MM BIO-9 has been included to ensure that the Project's indirect effects on species habitat are less than significant. b. Facts in Support of Findings Direct Impacts Resolution No. 19-082 - Page 73 of 103 A total of 1,252.84 acres of un-conserved privately-owned lands are located within the Rural/Conservation Area. Of this total, permanent direct impacts to vegetation communities are estimated at 630 acres. Although the exact location and amount of impacts on privately owned lands located within the Rural/Conservation Area is unknown, six vegetation communities (scale broom scrub,white sage scrub,white sage-California buckwheat,white sage-California sagebrush, California sycamore woodlands, and California sycamore-coast live oak)are considered sensitive. Any impacts to these communities would be potentially significant. As part of the development review and permitting processes in the Rural/Conservation Area, potential impacts would be assessed, and measures would be applied as appropriate to reduce potential impacts. Such measures may be included as conditions of approval to remove a tree under the City's Heritage Tree Ordinance. In addition, if applicable to individual projects in the Rural/Conservation Area, Mitigation Measure MM BIO-9 would apply. In the absence of specific details for future individual home development in the Rural/Conservation Area, adverse effects to sensitive vegetation communities resulting from any future development in the Rural/Conservation Area would result in a potentially significant impact. A total of 789.90 acres of vegetative communities will be impacted in the Neighborhood Area, including 623.35 acres of scrub and chaparral habitat and 166.55 acres of disturbed and developed lands. Within the Neighborhood Area, two of the vegetation communities (scale broom scrub (including disturbed)and white sage scrub)are considered sensitive; therefore, impacts to 355.06 acres with Neighborhood Area implementation would be potentially significant and would require mitigation at a 2:1 ratio for scale broom scrub (including disturbed) and a 2:1 ratio for white sage scrub. A total of 710.12 acres would be required for mitigation. Mitigation for significant impacts to sensitive vegetation communities would occur through the acquisition of lands within the Rural/Conservation Area pursuant to Mitigation Measure MM-BIO-1. A total of 238.75 acres of scale broom scrub would be conserved within the Etiwanda Heights Preserve with project implementation. However, if a sufficient amount of suitable habitat cannot be acquired, the direct impact to vegetative communities would remain significant. The proposed acquisition approach for mitigation will provide the following benefits: (1)reduce the risk of development within the Rural/Conservation Area, (2) provide a large habitat block with connectivity to existing preserve areas for the protection of sensitive habitat used by special-status species, (3) allow for enhancement of distressed or disturbed vegetation communities within the conserved area,(4)allow for type conversion(restoration)of disturbed or non-native land covers to native communities, (5) include a comprehensive Preserve Management and Monitoring Plan to direct management of the entire contiguous block of land, and (6)include a financial source to pay for management of the entire preserve area. There are areas within the Rural/Conservation Area currently designated by the County of San Bernardino General Plan as Special Development Residential, Hillside Residential and Rural Living, where residential and commercial development are allowed. Without a comprehensive acquisition and management plan, large portions of the existing area would be available for development. Nonetheless, if sufficient land is not conserved, impacts would remain significant. Indirect Impacts Short-term indirect impacts to vegetation communities would primarily result from construction- related dust, which could disrupt plant vitality in the short term, as well as soil erosion and runoff. Long-term indirect impacts on vegetation communities would most likely occur as a result of trampling of vegetation by humans and domestic pets, invasion by exotic species, alteration of the natural fire regime, and exposure to urban pollutants (e.g., fertilizers, pesticides, herbicides, and other hazardous materials). Over the long term, indirect impacts on vegetation communities within Resolution No. 19-082 - Page 74 of 103 the Rural/Conservation Area would increase the amount of interface (or "edge") between development and open space. Indirect impacts to vegetation communities would be significant absent mitigation and would be avoided with the implementation of Mitigation Measure MM BIO-9, which would require impacts to occur only within the disturbance limits, use of BMPs and erosion control, control of invasive weeds, and avoiding the use of toxic substances that could affect plant life Short-term indirect impacts to vegetation communities would primarily result from construction- related dust, which could disrupt plant vitality in the short term, as well as soil erosion and runoff. Long-term indirect impacts on vegetation communities would most likely occur as a result of trampling of vegetation by humans and domestic pets, invasion by exotic species, alteration of the natural fire regime, and exposure to urban pollutants (e.g., fertilizers, pesticides, herbicides, and other hazardous materials). Indirect impacts to vegetation communities would be less than significant with implementation of Mitigation Measure MM 13I0-9, which would require impacts to occur only within the disturbance limits, use of best management practices (BMPs) and erosion control, control of invasive weeds, and avoiding the use of toxic substances that could affect plant life. 3. Adverse Effects on Wetlands Threshold 13I0-3: Have a substantial adverse direct effect on state or federally protected wetlands (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. a. Findings The proposed Project would have a substantial adverse direct effect on state or federally protected wetlands(including but not limited to marsh,vernal pool, coastal,etc.)through direct removal,filling, hydrological interruption, or other means. Changes or alterations have been required in or incorporated into the Project that substantially lessen the direct, significant effects on wetlands. Specifically, the following measures have been included to reduce the Project's effects on these resources Mitigation Measure MM 13I0-2: Jurisdictional Resources. Prior to the issuance of any land development permits that impact jurisdictional resources, including clearing and grubbing or grading permits, sufficient acreage within RCA or elsewhere shall be conserved, enhanced, or restored to cover all impacts to waters of the United States and California Department of Fish and Wildlife (CDFW)-only areas at a 1:1 ratio (additional mitigation may be required to satisfy agency requirements). An easement or deed restriction that precludes development will be recorded on the conservation areas. Prior to dedication of the conservation area, a Conservation Management Plan will be prepared that specifically identifies required resource management activities and the entities that will be responsible for managing those activities. A total of 65.92 acres of mitigation would be required for impacts to jurisdictional resources within the NA. A total of 57.08 acres of non-wetland waters or streambeds within the RCA Etiwanda Heights Preserve would be conserved with Plan implementation. Therefore, in order to mitigate for impacts to jurisdictional resources, a minimum of 14.30 acres would be acquired within the RCA for Resolution No. 19-082 - Page 75 of 103 conservation and management. As stated previously and shown on Figure 4.3-3, there are approximately 461.53 acres of jurisdictional resources within the RCA. It should be noted that this total does not include the RCA Etiwanda Heights Preserve since these jurisdictional resources are already accounted for in Table 4.3-13. Therefore, acquisition of lands within the RCA to mitigate impacts to jurisdictional resources would be feasible even with slight changes to the impact footprint. Table 5, Table 5, Minimum Mitigation Required for Impacts to Jurisdictional Resources, of Appendix F of the Final EIR summarizes the mitigation required for impacts to jurisdictional resources. Mitigation Measure MM 13I0-9: Indirect Impacts to Special-Status Resources. The following best management practices shall be implemented to minimize indirect impacts to special-status resources: 1. Biological Monitor. Prior to issuance of land development permits, including clearing, grubbing, grading, and/or construction permits, written confirmation that a qualified biologist has been retained to implement the Neighborhood Area's biological monitoring program shall be provided. The letter shall include the names and contact information of all persons involved in the biological monitoring of the Neighborhood Area. The biological monitor shall attend all pre-construction meetings and be present during the removal of any vegetation to ensure that the approved limits of disturbance are not exceeded and provide periodic monitoring of the impact area including, but not limited to, trenches, stockpiles, storage areas, and protective fencing. The biological monitor shall be authorized to halt all associated Neighborhood Area activities that may be in violation of any permits issued by agencies having jurisdictional authority over the Neighborhood Area. Before construction activities occur in areas containing sensitive biological resources, all workers shall be educated by the qualified biologist to recognize and avoid those areas that have been marked as sensitive biological resources. 2. Worker Environmental Awareness Program (WEAP). Prior to grading and construction activities, a qualified biologist shall be retained to conduct a Worker Environmental Awareness Program (WEAP)for all construction/contractor personnel. A list of construction personnel who have completed training prior to the start of construction shall be maintained on site, and this list shall be updated as required when new personnel start work. No construction worker may work in the field for more than 5 days without participating in the WEAP. The qualified biologist shall provide ongoing guidance to construction personnel and contractors to ensure compliance with environmental/permit regulations and mitigation measures. The qualified biologist shall perform the following: • Provide training materials and briefings to all personnel working on site. The material shall include but not be limited to the identification and status of plant and wildlife species, significant natural plant community habitats (e.g., riparian), fire protection measures, and review of mitigation requirements. • A discussion of the federal and state Endangered Species Acts, Migratory Bird Treaty Act, other state or federal permit requirements and the legal consequences of non-compliance with these acts; •Attend the pre-construction Resolution No. 19-082 - Page 76 of 103 meeting to ensure that timing/location of construction activities do not conflict with other mitigation requirements (e.g., seasonal surveys for nesting birds, pre- construction surveys, or relocation efforts); • Conduct meetings with the contractor and other key construction personnel describing the importance of restricting work to designated areas. Maps showing the location of special status wildlife or populations of rare plants, exclusion areas, or other construction limitations (e.g., limitations on nighttime work)will be provided to the environmental monitors and construction crews prior to ground disturbance. This applies to pre-construction activities, such as site surveying and staking, natural resources surveying or reconnaissance, establishment of water quality best management practices, and geotechnical or hydrological investigations; • Discuss procedures for minimizing harm to or harassment of wildlife encountered during construction and provide a contact person in the event of the discovery of dead or injured wildlife; • Ensure that haul roads, access roads, and on-site staging and storage areas are sited within grading areas to minimize degradation of vegetation communities adjacent to these areas (if activities outside these limits are necessary, they shall be evaluated by the biologist to ensure that no special-status species habitats will be affected); • Conduct a field review of the staking (to be set by the surveyor) designating the limits of all construction activity; • Ensure and document that required pre-construction surveys and/or relocation efforts have been implemented; • Be present during initial vegetation clearing and grading; and • Submit to CDFW an immediate report(within 72 hours) of any conflicts or errors resulting in impacts to special status biological resources. 3. Construction Fencing. The construction limits shall be flagged prior to ground-disturbance activities, and all construction activities, including equipment staging and maintenance, shall be conducted within the flagged disturbance limits. Fencing shall remain in place during all construction activities. Prior to release of grading and/or improvement bonds, a qualified biologist shall provide evidence that work was conducted as authorized under the approved land development permit and associated plans. 4. Toxic Substances. Prior to the issuance of grading permits, evidence shall be submitted indicating that the use of chemicals or the generation of by-products such as pesticides, herbicides, and animal waste, and other substances that are potentially toxic or impactive to native habitats/flora/fauna (including water) shall incorporate measures to reduce impacts caused by the application and/or drainage of such materials into the conservation area within the Neighborhood Area. No trash, oil, parking, or other construction/development-related material/activities shall be allowed outside any approved construction limits. All Resolution No. 19-082 - Page 77 of 103 construction-related activity that may have potential for leakage or intrusion shall be monitored by the qualified biologist. There are no feasible Mitigation Measures beyond MM BIO-2 and MM BIO-9 that would reduce the Project's significant direct impact to wetlands. This is particularly true because the extent of the impact is unknown and is dependent on the amount of conservation lands that will be required pursuant to Mitigation Measure MM BIO-2. Thus, the direct impact to wetlands remains significant and unavoidable. However, changes or alterations have been required in or incorporated into the Project that reduce the indirect impact on wetlands to a less than significant level. Specifically,the Mitigation Measure MM BIO-9 has been included to ensure that the Project's indirect effects on wetlands are less than significant. b. Facts in Support of Findings Direct Impacts There is an estimated 34 acres of jurisdictional resources on privately owned lands located within the Rural/Conservation Area:Although the exact location and amount of impacts on privately owned lands located within the Rural/Conservation Area site is unknown, impacts to jurisdictional resources would be significant and would require mitigation. Mitigation for significant impacts to jurisdictional resources on private properties located within the Rural/Conservation Area would be implemented according to the mitigation ratios and measures as determined through separate review and approval by regulatory agencies. New homes are permitted only in the Hillside and Open Space Regulating Sub-zones, require Design Review, and are subject to the Hillside Development Ordinance where applicable(see Chapter 7.7 of the Plan and 17.16.140 of the Rancho Cucamonga Municipal Code).The allowance of new homes is controlled by each Sub-area and sub-zone within the Rural/Conservation Area.Applications will be reviewed for compliance with the standards of this chapter of the Plan. More specifically, as stated under the Rural Regulating zone that applies to the Rural/Conservation Area, no structure may be built within 50 feet of any Blue Line Stream on any current map prepared by the U.S. Department of the Interior Geological Survey(USGS)or contains significant riparian or streambed environs. There would be permanent impacts to 65.92 acres of non-wetland waters or streambeds within the Neighborhood Area. Impacts to jurisdictional resources would be considered significant absent mitigation and would require obtaining the appropriate agency permits. Direct impacts to these jurisdictional resources would remain significant even with Mitigation Measure MM BIO-2, which would require conservation and restoration of jurisdictional resources ata minimum 1:1 ratio(though the ratio may increase through permitting discussions) within the Rural/Conservation Area. Nonetheless, as noted above, if sufficient land is not conserved, impacts would be significant. Indirect Impacts The EHNCP supports jurisdictional resources,which are typically affected in the short term by dust and construction-related soil erosion and runoff. Indirect impacts to jurisdictional resources would be significant absent mitigation and would be avoided with the implementation of Mitigation Measure MM BIO-9,which would require impacts to occur only within the disturbance limits, use of BMPs and erosion control, and avoiding the use of toxic substances that could affect waterways. 4. Cumulative Biological Impacts Resolution No. 19-082 - Page 78 of 103 a. Findings The proposed Project has the potential to cause a cumulatively significant impact on biological resources. Changes or alterations have been required in or incorporated into the Project that substantially lessen the cumulative effects on wetlands. Specifically, Mitigation Measures MM BIO-1 through MM BIO-9, above, have been included to reduce the Project's cumulative biological impacts. b. Facts in Support of Findings Development in the Rural/Conservation Area would be subject to the requirements and review procedures of the City's Hillside Development Review Ordinance. In addition to those requirements, applications for development in the Rural/Conservation Area would include or address site-specific biological resources studies and any required permits from State and Federal regulatory agencies. With compliance with Rural/Conservation Area Development Design Review procedures and implementation of mitigation measures, impacts would be reduced to less than significant. Development of the Neighborhood Area has been evaluated and found to be less than significant, with compliance with the existing regulations, mitigation measures BIO-1 though BIO-9, preservation of open space, development standards and the provisions outlined in the Specific Plan. Impacts to jurisdictional features and San Bernardino kangaroo rat habitat in the Neighborhood Area. However, if a sufficient amount of suitable habitat cannot be acquired, this impact would remain significant. In consideration of the preceding factors, the Project's contribution to cumulative biological resources impacts would remain significant. C. GREENHOUSE GAS EMISSIONS 1. Greenhouse Gas (GHG) Generation Threshold GHG-1: The proposed Project would generate GHG emissions, either direction or indirectly, that may have a significant impact on the environment. a. Findings The proposed Project would generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment. Changes or alterations have been required in, or incorporated into the Project that substantially lessen the significant GHG impact as identified in the Final EIR. Specifically,the following mitigation measures have been incorporated into the Project in order to reduce the Project's GHG impacts. Mitigation Measure MM GHG-1: Require the use of electric lawn mowers and leaf blowers through the Electric Lawn Mower Rebate Program established by the SCAQMD. Mitigation Measure MM GHG-2: Implement the Plan design with CALGreen Voluntary Measure for Energy efficiency that exceed Title 24 requirements by 15 to 30 percent. Mitigation Measure MM GHG-3: Implement the Plan design with CALGreen Voluntary Measure for water conservation to reduce indoor potable water use by 20 percent by applying water saving fixtures and/or flow restrictors. Resolution No. 19-082 - Page 79 of 103 Mitigation Measure MM AQ-1: All off-road diesel-powered construction equipment greater than 50 horsepower(hp) shall meet or exceed Tier 4 off-road emissions standards. In addition, all construction equipment shall be outfitted with Best Available Control Technology(BACT) devices certified by the California Air Resources Board (CARE). Any emissions-control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 Diesel Particulate Filter(DPF)for a similarly sized engine as defined by CARB regulations. The Lead Agency should include this requirement in applicable bid documents, and successful contractor(s) must demonstrate ability to supply compliant equipment prior to the commencement of any construction activities. Additionally, the Lead Agency should require reporting and provision of written documentation by contractors to ensure compliance and conduct regular inspections to the maximum extent feasible to ensure compliance. In the event that the Lead Agency finds that Tier 4 construction equipment is not feasible pursuant to CEQA Guidelines Section 15364, the Project representative or contractor must use all off-road, diesel powered construction greater than 50 hp that meets Tier 3 off-road emission standards and other technologies/strategies approved by the Lead Agency. Alternative applicable strategies may include, but would not be limited to, reduction in the number and/or horsepower rating of construction equipment, limiting the number of daily construction haul truck trips to and from the Proposed Project, and/or limiting the number of individual construction project phases occurring simultaneously, if applicable. Mitigation Measure MM AQ-3: Maintain equipment maintenance records for the construction portion of the proposed Project. All construction equipment must be tuned and maintained in compliance with the manufacturer's recommended maintenance schedule and specifications. All maintenance records for each equipment and their construction contractor(s) should be made available for inspection and remain on-site for a period of at least two years from completion of construction. Mitigation Measure MM AQ-8: Provide incentives for employees working at the proposed commercial and retail uses to encourage the use of public transportation or carpooling, such as discounted transit passes or carpool rebates. Mitigation Measure MM AQ-9: Implement a rideshare program for employees working at the proposed commercial and retail uses and set a goal to achieve a certain participation rate over a period of time. Mitigation Measure MM AQ-10: Maximize the use of solar energy including solar panels. Installing the maximum possible number of solar energy arrays on the building roofs and/or on the Proposed Project site to generate solar energy for the commercial and retail facilities and/or EV charging station at each residential and non-residential building. Mitigation Measure MM AQ-13: Maximize the planting of trees in landscaping and parking lots. Mitigation Measure MM AQ-14: Use light colored paving and roofing materials. Resolution No. 19-082 - Page 80 of 103 Mitigation Measure MM AQ-15: Utilize only Energy Star heating, cooling, and lighting devices, and appliances. There are no feasible Mitigation Measures beyond MM GHG-1 through MM GHG-3 and Mitigation Measures AQ-1 through AQ-3, AQ-8 through AQ-10, and AQ-13 through AQ-15 that would reduce the Project's significant impact on the generation of GHG emissions. Thus, the Project's impact on GHG emissions remains significant and unavoidable. b. Facts in Support of Findings Construction activity is relatively short in duration and contributes a relatively small portion of the total lifetime GHG emissions of a project. In addition, GHG emissions-reduction measures for construction equipment are relatively limited. Therefore, SCAQMD recommends that construction emissions be amortized over a 30-year project lifetime so that GHG reduction measures will address construction GHG emissions as part of the operational GHG reduction strategies. In this case, the Project is anticipated to be constructed in nine (9) phases. Construction assumptions used in the EIR's analysis of GHG emissions conservatively assumed that the Project would be constructed with the most intensive activities occurring on a daily basis. With that conservative assumption, the overall total GHG emissions associated with construction is 19,982 metric tons of carbon dioxide equivalent(MTCO2e). When amortized over a thirty(30)year period, this amount is 666 MTCO2e per year. Once the Project is built out, GHG emissions from mobile and area sources and indirect emissions from energy and water use, wastewater, as well as waste management would occur every year thereafter. Such emissions would include area sources, such as fireplaces and lawnmowers, natural gas heaters,vehicle trips,solid waste generation, and the energy used to operate water and wastewater systems. The EIR attributes GHG emissions estimates for each of these operational energy sources. Without any mitigation, construction and operation of the Project would generate 54,053 MTCO2e per year. Under SCAQMD targets for GHG efficiency, this equates to a per capita efficiency target of 5.69 GHG Efficiency per person per year. SCAQMD's Tier 4 efficiency target for GHG emissions is 6.6 MTCO2 per year in 2020 and 4.1 MTCO2 per year in 2035. Thus,without any mitigation, the Project would exceed the SCAQMD's GHG emissions targets. Mitigation Measures MM GHG-1 through MM GHG-3, MM AQ-8 through MM AQ-10, and MM AQ- 13 through MM AQ-15 have been incorporated into the Project in an effort to reduce GHG emissions from the Project. When taking into consideration implementation of the requirements set forth in the City's Development Code and the CalGreen Building requirements and Mitigation Measures MM GHG-1 through MM GHG-3, the Project's GHG emissions would result in a reduction of 9,928 MTCO2e per year (18 percent). However, even with regulatory compliance and the mitigation measures, the Project would still exceed the SCAQMD threshold of 4.1 MTCO2e per service population during the horizon year of 2035. The SCAQMD recommends that if the Project would generate emissions in excess of the applicable targets, to assess the Project utilizing the Tier 5 approach. The Tier 5 approach recommends implementation of offsite mitigation (GHG reduction projects)to reduce GHG emission impacts to less than the proposed screening level.Any offsite mitigation measure that include purchase offsets would require that the project provide offsets for life of the project, which is defined by 30 years. If the project is unable to implement offsite GHG reduction mitigation measures to reduce GHG Resolution No. 19-082 - Page 81 of 103 emission impacts to less than the screening level, then GHG emissions would be considered significant. This remains uncertain. With implementation and enforcement of Mitigation Measures MM GHG-1 through MM GHG-3, MM AQ-8through MM AQ-10,and MM AQ-13through MM AQ-15, and compliance with local and regional plans to further reduce emissions, impacts would remain potentially significant. 2. Conflict with Applicable Plan Threshold GHG-2: The Project would conflict with the SCAG Regional Transportation Plan/Sustainable Communities Strategy(RTP/SCS)for the purpose of reducing the emissions of GHG. a. Findings The proposed Project would conflict with applicable population provisions of the SCAG RTP/SCS for the purpose of reducing GHG emissions. Changes or alterations have been required in, or incorporated into the Project that substantially lessen the significant GHG impact as identified in the Final EIR. Specifically, the number of units allowed to be built under the Project was reduced from 3,800 units in the 2017 iteration of the Project to 3,000 units in the current iteration of the Project. The reduction in units brings the Project closer to the population estimates in the SCAG RTP/SCS. The following mitigation measures have also been incorporated into the Project: Mitigation Measure MM AQ-8: Provide incentives for employees working at the proposed commercial and retail uses to encourage the use of public transportation or carpooling, such as discounted transit passes or carpool rebates. Mitigation Measure MM AQ-9: Implement a rideshare program for employees working at the proposed commercial and retail uses and set a goal to achieve a certain participation rate over a period of time. In addition, with respect to GHG emissions and consistency with the SCAG RTP/SCS, specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. Thus, this impact remains significant and unavoidable. b. Facts in Support of Findings The Project has been found consistent with the Rancho Cucamonga Sustainable Community Action Plan and the primary GHG reduction policies of the SCAG RTP/SCS. The 2016 RTP/SCS is expected to help SCAG reach its GHG reduction goals,as identified by CARB,with reductions in per capita passenger vehicle GHG emissions of 9 percent by 2020 and 16 percent by 2035. However, the impact of growth associated with the Project is considered significant because all of the population and employment growth associated with the Project is not accounted for in the current 2016-2040 RTP/SCS and SCAG regional forecasts for 2020-2045. SCAG projections take into account current jurisdictional boundaries. The EHNCP includes 305 acres in the City and 4,088 acres currently in the County. As such, the current 2016—2040 SCAG RTP/SCS Growth Forecasts only reflect growth projected for the EHNCP, a population increase of 2,000. This projected growth,when combined with the growth already forecast on the 305 acres in Resolution No. 19-082 - Page 82 of 103 the City, would account for 300 of the 415 jobs projected for the EHNCP and 6,035 persons above the projections in the City's General Plan, compared to the 9,090 for the EHNCP. Although the population increase is incrementally above the regional growth forecasts, the impact of growth associated with the EHNCP is considered significant because all of the population and employment growth associated with the proposed EHNCP is not accounted for in the current 2016 — 2040 RTP/SCS and draft 2020—2045 draft SCAG Regional Growth Forecasts. There is no way to feasibly mitigate this impact, although it should be noted that SCAG is currently preparing the 2020-2045 RTP/SCS, which will include the projected growth within the annexation area. Thus, this impact should be resolved and reduced to a less than significant level upon the next adoption of the 2020-2045 RTP/SCS. 3. Cumulative GHG Impacts a. Findings The proposed Project would be inconsistent with applicable GHG regulations, plans, and policies. Therefore, the Project would result in a cumulative impact to global climate change. Changes or alterations have been required in, or incorporated into the Project that substantially lessen the significant GHG impact as identified in the Final EIR. Specifically,the number of units allowed to be built under the Project was reduced from 3,800 units in the 2017 iteration of the Project to 3,000 units in the current iteration of the Project. The reduction in units brings the Project closer to the population estimates in the SCAG RTP/SCS. In addition, Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. Thus, this impact remains significant and unavoidable. b. Facts in Support of Findings Currently no generally accepted methodology exists to determine whether GHG emissions associated with a specific project represent new emissions or existing and/or displaced emissions. Therefore, consistent with CEQA Guidelines Section 15064h(3), the City as a lead agency, has determined that the Project's contribution to cumulative GHG emission and global climate change would be less than significant if the proposed Plan is consistent with the applicable regulatory plans and polices to reduce GHG emissions. Accordingly, the analysis described above in Threshold GHG-2 took into account the potential for the proposed Project to contribute to the cumulative impact of global climate change due to its population conflict with the SCAG RTP/STS. The proposed Project, even with mitigation would result in a potentially-significant impact, because it could be inconsistent with applicable plans. There is no way to feasibly mitigate this impact, although it should be noted that SCAG is currently preparing the 2020-2045 RTP/SCS, which will include the projected growth within the annexation area. Thus, this impact should be resolved and reduced to a less than significant level upon the next adoption of the 2020-2045 RTP/SCS. D. LAND USE AND PLANNING 1. Conflict with Applicable Plan Threshold LU-1: The proposed Project would cause a significant environmental impact due to a conflict with the SCAG RTP/SCS. Resolution No. 19-082 - Page 83 of 103 a. Findings The proposed Project would cause a significant environmental impact due to a conflict with the population estimates identified in the SCAG RTP/SCS. Changes or alterations have been required in, or incorporated into the Project that substantially lessen the significant population impact as identified in the Final EIR. Specifically,the number of units allowed to be built underthe Project was reduced from 3,800 units in the 2017 iteration of the Project to 3,000 units in the current iteration of the Project. The reduction in units brings the Project closer to the population estimates in the SCAG RTP/SCS. In addition,specific economic, legal,social,technological,or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. b. Facts in Support of Findings The EIR comprehensively evaluated the proposed Project's consistency with applicable regulatory land use plans, including the City's General Plan, Development Code, and the SCAG RTP/SCS. The EIR found that the proposed Project is consistent with all of these planning documents. The City's General Plan would allow development of up to 660 residential units with an associated population of approximately 2,000 persons on the 305 acres currently within the City.The General Plan also projects development of 1,057 units in the City's SOI with an associated population of 3,400.The 4,088 acres proposed for annexation accounts for 69%of the 5,927 acres located in the City's SOI. Based on this percentage, the portion of the projected growth associated with the annexation area would be 729 units or approximately 2,346 persons. The total population growth projected in the City's General Plan for the portion of the EHNCP in the City and portion of the SOI proposed for annexation is approximately 4,346 persons. This portion of the 9,090 population growth associated with the Plan (approximately 48%) is consistent with City's General Plan population projection,which is consistent with the 2016-2040 RTP/SCS growth forecast of 204,300 for the City's population in 2040.The total increase in the City's population that would be associated with the Plan is 9,090,approximately 4,744 persons above the projections in the City's General Plan for the Plan Area. This portion of the population growth associated with the Plan would be beyond the growth included in the 2016-2040 RTP/SCS growth forecasts. This impact would have been greater if the Project, as originally described in 2017, were carried through because that Project included a maximum of 3,800 units. With only 3,000 allowable units, the current iteration of the Project lessens the conflict with the population growth estimates in the SCAG RTP/SCS. Nevertheless, due to the conflict,the impact on land use remains significant and unavoidable. E. MINERAL RESOURCES 1. Loss of Mineral Resources Threshold MR-1: The proposed Project would result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the state. a. Findings The proposed Project would result in the loss of approximately 86,400,000 of potential aggregate reserves, including reserves in the now closed and reclaimed Inland Rock/Day Creek Spreading Grounds aggregate quarry. No feasible mitigation would preserve these mineral resources. Resolution No. 19-082 - Page 84 of 103 Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. As a result,the Project's impact on mineral resources is significant and unavoidable. b. Facts in Support of Findings The Aggregate Resource Sector D-3 (Deer and Day Creek Fans) is the only aggregate resource zone located within the Project Area. Estimate potential aggregate reserves in D-3 are 86,400,000 tons. This area also contains the now closed and reclaimed Inland Rock/Day Creek Spreading Grounds aggregate quarry. The D-3 Aggregate Resources zone, including the reclaimed aggregate quarry,would be completely developed under the Project. While portions of this D-3 area were processed for the termination of mineral resource designation in 2009 due to the presence of adjacent incompatible land uses, the loss of the D-3 area would represent a loss of approximately 16% of the estimate potential aggregate reserves in the region. It should also be noted that a 200-acre portion of the D-3 area is already restricted by the existing Open Space Easement. Nonetheless, this loss of regionally important mineral resources was accounted for in the City's 2010 General Plan EIR and was found to be significant and unavoidable. Consistent with the General Plan EIR, Project-related impacts to regional mineral resources would be significant. The only way to avoid this impact would be to preclude development on the D-3 aggregate resources area; therefore, there is no feasible mitigation. Other considerations merit the loss of this mineral resource. The Neighborhood Area contains the residential units and public services that are needed to meet regional housing needs and provide recreational services to nearby residents. In addition, the tax revenue generated by the Neighborhood Area, as well as the DTR program,will help ensure that the Rural/Conservation Area is primarily conserved as open space. This is only feasible if the D-3 Aggregate Resources Zone is developed. F. POPULATION AND HOUSING 1. Population Inducement and Growth Threshold POP-1: The proposed Project would induce substantial unplanned population growth forecasted under the current SCAG RTP/SCS, either directly or indirectly. a. Findings The proposed Project would induce population growth that was unplanned in the current population estimates identified in the SCAG RTP/SCS. Changes or alterations have been required in, or incorporated into the Project that substantially lessen the significant population growth impact as identified in the Final EIR. Specifically,the number of units allowed to be built under the Project was reduced from 3,800 units in the 2017 iteration of the Project to 3,000 units in the current iteration of the Project. The reduction in units brings the Project closer to the population estimates in the SCAG RTP/SCS. In addition,specific economic, legal,social,technological,or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. b. Facts in Support of Findings Resolution No. 19-082 - Page 85 of 103 The total population growth projected in the City's General Plan for the portion of the EHNCP in the City and the portion of the proposed annexation area is approximately 4,346 persons.This portion of the 9,090 population growth associated with the Plan(approximately 48 percent)is consistent with City's General Plan population projection,which is consistent with the 2016-2040 RTP/SCS growth forecast of 204,300 for the City's population in 2040.The total increase in the City's population that would be associated with the Project is 9,090,approximately 4,744 persons above the projections in the City's General Plan for the Project Area. This portion of the population growth associated with the Project would be beyond the growth included in the 2016-2040 RTP/SCS growth forecasts. It is therefore considered significant and unavoidable. SCAG is currently preparing the 2020-2045 RTP/SCS and draft growth forecasts for this planning period have been developed.This forecast was developed based on local input, received between late 2017 and early 2019, on preliminary growth forecasts prepared by SCAG. This draft forecast includes projected growth in the 4,088-acre annexation area based on input from San Bernardino County. Specifically, the current draft forecast includes approximately 1,600 households with a population of 4,900 and 300 jobs in the Neighborhood Area, reflecting the County's plans to sell this surplus property for development. The population growth associated with the portion of the Plan Area currently in the City, approximately 2,000, and the growth in the annexation area included in the draft growth forecast,4,900,totals 6,900,which is approximately 76 percent of the 9,090 growth in population projected for the 3,000 residential units the Plan would allow. It should be noted that the maximum 3,000 housing units that would be allowed by the Plan would assist the City of Rancho Cucamonga in meeting State-mandated fair share housing production targets as outlined in SCAG's RHNA. As discussed previously, the City has a shortfall of sites for meeting its moderate income RHNA goal; however, there is a surplus of sites for lower income units. The additional increment of population growth that would be generated by the Plan,4,744 persons, may result in the City's population exceeding the 2040 population growth forecast of 204,300 by approximately 2 percent. Because the Plan may result in the City's population exceeding the 2040 population forecast for the City, which could result in additional environmental impacts not addressed by regional plans, this impact is considered significant. This impact would have been greater if the Project, as originally described in 2017, were carried through because that Project included a maximum of 3,800 units. With only 3,000 allowable units, the current iteration of the Project lessens the conflict with the population growth estimates in the SCAG RTP/SCS. 2. Cumulative Population Impacts a. Findings The proposed Project would have a cumulatively significant impact on unplanned population growth exceeding current forecasts under the SCAG RTP/SCS. Changes or alterations have been required in, or incorporated into the Project that substantially lessen the cumulatively significant impact as identified in the Final EIR. Specifically,the number of units allowed to be built under the Project was reduced from 3,800 units in the 2017 iteration of the Project to 3,000 units in the current iteration of the Project. The reduction in units brings the Project closer to the population estimates in the SCAG RTP/SCS. In addition,specific economic, legal,social,technological,or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. b. Facts in Support of Findings Development of the Plan and other projects in the City of Rancho Cucamonga and in San Bernardino County would lead to increases in population, housing, and employment. The Project Resolution No. 19-082 - Page 86 of 103 would involve development of up to a maximum of 3,000 residential units,with approximately 9,090 new residents, and approximately 415 employment opportunities. Implementation of the Plan, in combination with other development projects in the unincorporated County areas, adjacent jurisdictions, and the City of Rancho Cucamonga in accordance with the adopted General Plan, would contribute to future population, housing, and employment growth within the area. As discussed previously, approximately 48 percent of the population growth of 9,090 that would be generated by the Plan, 4,346 persons, is accounted for the SCAG RTP/SCS 2016-2040 Growth Forecasts. The remaining population growth of 4,744 is not accounted for the 2016-2040 Growth Forecasts.The draft 2020-2045 RTP/SCS Growth Forecasts account for approximately 76 percent of the population growth that would be generated by the Plan. The additional increment of population growth that would be generated by the Plan not accounted for in the 2016-2040 RTP/SCS Growth Forecasts may result in population growth exceeding current forecasts,which may contribute to cumulative impacts. This impact would have been greater if the Project, as originally described in 2017, were carried through because that Project included a maximum of 3,800 units. With only 3,000 allowable units, the current iteration of the Project lessens the conflict with the population growth estimates in the S CAG RTP/SCS. G. TRANSPORTATION AND TRAFFIC Threshold TRAF-1: The proposed Project would conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system,taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections,streets, highways and freeways, pedestrian and bicycle paths, and mass transit. a. Findings The proposed Project has the potential to conflict with applicable level of service (LOS) criteria established by the City of Rancho Cucamonga, City of Ontario, Caltrans, and SAN BAG for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit. With respect to local streets and highways,changes or alterations have been required in, or incorporated into the Project that avoid the significant traffic impact as identified in the Final EIR. Specifically, the following project design features and mitigation measures have been incorporated into the Project in order to reduce the Project's traffic impacts. Project Design Feature PDF TRAF-1: Roadway Network Improvements. The Plan includes the proposed extension of Wilson Avenue from Milliken Avenue to Day Creek Boulevard and the extension of Rochester Avenue,and the planning areas of Existing Year (2017) Plus Project intersection lane configurations are assumed to include the same lane geometries as Existing Year (2017) Conditions with the exception of the following project design features at the Plan locations: • • Intersection 6: Wilson Avenue and Milliken Avenue: Multilane roundabout intersection, new southbound approach. Resolution No. 19-082 - Page 87 of 103 • • Intersection 16: Fredericksburg Avenue and Banyan Street: New northbound approach. • • Intersection 18: Rochester Avenue and Banyan Street: Multilane roundabout intersection, new southbound approach. Mitigation Measure MM TRAF-1: The Property Owner/Developer shall implement the following intersection improvements. • Intersection 7: Wilson Avenue and Day Creek Boulevard. The improvements identified below can fit within the existing right-of- way and will require striping modifications and median improvements. With these recommended improvements, operations are forecast to operate at an acceptable LOS during the AM and PM peak hours. In order for this intersection to operate acceptably with the addition of the project traffic, the following improvements shall be made prior to the issuance of a building permit for the 1595th residential unit in the Neighborhood Area: o Modify eastbound approach of the intersection from one left-turn lane, one through lane, and one through-right shared lane to one left-turn lane, one through lanes, and one right-turn lane o Add right-turn overlap phasing in the eastbound direction o Optimization of cycle length • Intersection 17: Banyan Street and Milliken Avenue. For this intersection to operate acceptably with the addition of project traffic, this intersection requires adjustment and optimization of the AM peak-hour signal timing plans, including a cycle length of 120 seconds. To ensure that the full effect of the project was considered in the "plus project"analysis, signal timing was locked and consistent with the "no project" scenario. The change in traffic volumes requires a reallocation of green signal time to more efficiently serve the traffic demand. With the recommended improvement, operations are improved to an acceptable LOS during the AM peak hour. This improvement shall be made prior to the issuance of a building permit for the 2755th residential unit in the Neighborhood Area. • Intersection 19: Banyan Street and Day Creek Boulevard. For this intersection to operate acceptably with the addition of project traffic, this intersection requires adjustment and optimization of the AM peak-hour signal timing plans relative to the expected traffic volume demand. To ensure that the full effect of the project was considered in the "plus project" analysis, signal timing was locked and consistent with the "no project" scenario. The change in traffic volumes requires a reallocation of green signal time to more efficiently serve the traffic demand. With the recommended improvement, operations are improved to an acceptable LOS during the AM peak hour. This improvement shall be made prior to Resolution No. 19-082 - Page 88 of 103 the issuance of a building permit for the 1885th residential unit in the Neighborhood Area. • Intersection 41: Foothill Boulevard and Day Creek Boulevard. The improvements below can fit within the existing right-of-way and will require signing and striping modifications. With these recommended improvements, operations are forecast to operate at an acceptable LOS during the PM peak hours. The improvement is consistent with the proposed mitigation measure in the Empire Lakes Specific Plan EIR. For this intersection to operate acceptably with the addition of the project traffic, the following improvements shall be made: o Modify northbound approach of the intersection from two left-turn lanes, three through lanes, and one right-turn lane to two left-turn lanes, two through lanes, one through-right shared lane, and one right-turn lane o Optimization of coordinated splits This measure is estimated to be triggered at 5% when the entire Plan is at full buildout. With the above referenced project design features and mitigation measures,impacts to local streets and highways are reduced to a less than significant level. However,there are no feasible Mitigation Measures beyond MM TRAF-1 that would reduce the Projects cumulatively significant tragic impacts on State freeways. Changes or alterations to mitigate on state highways are within the responsibility and jurisdiction of another public agency—Caltrans—and not the City. Such changes can and should be adopted by such Caltrans in conjunction with SANBAG. Thus, the Project's impact on freeway traffic remains significant and unavoidable. b. Facts in Support of Findings Based on trip generation and trip distribution estimates, Project-related trips were assigned to the study area roadway network. Utilizing the net Project-only tragic estimates developed for the peak hour,traffic forecasts for the Existing(Year 2017)Baseline plus Project conditions were developed. The Existing (Year 2017) Baseline traffic volumes were combined with the net Project-only traffic volumes to obtain the Existing (Year 2017) Baseline plus Project traffic volume forecasts. The Existing (Year 2017) Baseline plus Project peak-hour traffic volumes were analyzed at each of the study intersections to determine the LOS. In addition, PDF TRAF-1 was incorporated as part of the existing plus Project scenario. Intersections are projected to continue to operate at LOS D or better during the peak hours. However, significant impacts are forecast to occur at the following intersections: (1) Intersection 7: Wilson Avenue and Day Creek Boulevard—AM Peak Hour(LOS F), PM Peak Hour(LOS F); (2) Intersection 17: Banyan Street and Milliken Avenue—AM Peak Hour(LOS E); (3) Intersection 19: Banyan Street and Day Creek Boulevard—AM Peak Hour(LOS E);and(4)Intersection 41: Foothill Boulevard and Day Creek Boulevard—PM Peak Hour(LOS E). As such,intersection improvements are needed to mitigate these impacts to improve the LOS at these intersections.With incorporation of Mitigation Measure MM TRAF-1, impacts would be reduced to less than significant. 12 freeway segments on I-15 and 16 study freeway segments on SR-210 are forecast to operate below LOS D during at least one peak hour in year 2040. Many of the freeway segments with the Resolution No. 19-082 - Page 89 of 103 Project Area would exceed the significance criteria. As such, there are impacts to the freeway system near the Project Area.The freeway traffic congestion also further burdens local streets that drivers use to avoid 1-15 and SR-210 and cut through the City. Therefore, the Project would contribute to projected impacts on the freeway as identified from Caltrans,such as the requirement of additional lanes, and funding for these additional improvements is not currently provided in the current Regional Transportation Plan. As such, impacts would be potentially significant. The 1-210 and 1-15 freeways are not controlled by the City; the City cannot not guarantee implementation of measures to mitigate impacts to freeways. For these reasons, impacts would remain significant and unavoidable. 2. Cumulative Traffic Impacts a. Findings The proposed Project has the potential to create a cumulative traffic impact on local streets and hightways. Changes or alterations have been required in, or incorporated into the Project that avoid the significant traffic impact as identified in the Final EIR. Specifically, the following project design features and mitigation measures have been incorporated into the Project in order to reduce the Project's traffic impacts. Project Design Feature PDF TRAF-1: Roadway Network Improvements. The Plan includes the proposed extension of Wilson Avenue from Milliken Avenue to Day Creek Boulevard and the extension of Rochester Avenue, and the planning areas of Existing Year(2017) Plus Project intersection lane configurations are assumed to include the same lane geometries as Existing Year (2017) Conditions with the exception of the following project design features at the Plan locations: • Intersection 6: Wilson Avenue and Milliken Avenue: Multilane roundabout intersection, new southbound approach. • Intersection 16: Fredericksburg Avenue and Banyan Street: New northbound approach. • Intersection 18: Rochester Avenue and Banyan Street: Multilane roundabout intersection, new southbound approach. Mitigation Measure MM TRAF-2: Prior to the issuance of building permits, the Property/Owner Developer shall pay its fair share to the City of Rancho Cucamonga for the cost of the improvements identified below to mitigate cumulative impacts at these intersections. This fair share contribution will be used by the City with other sources of funds including, but not limited to, fair share contributions from other projects, to construct the following improvements. • Intersection 33: Base Line Road and East Avenue. The modifications below can fit within the existing right-of-way and will require signing and striping modifications. With these recommended improvements, operations are forecast to operate at an acceptable LOS during the AM and PM peak hours. In order for this intersection to operate acceptably with the addition of the project traffic, the following modifications will be needed: Resolution No. 19-082 - Page 90 of 103 o Modify northbound approach of the intersection from one left-turn lane, one through lane, and one through-right shared lane to one left-turn lane, one through lane, and one right-turn lane. o Restripe the southbound approach from one dedicated right-turn lane, two through lanes and one left turn late to two dedicated right-turn lanes, one through lane and one left-turn lane. o Add right-turn overlap phasing in all directions. o Optimize signal timing plan coordinated splits. • Intersection 35: Terra Vista Parkway and Milliken Avenue. The modifications below can fit within the existing right-of-way and will require signing and striping modifications. With these recommended improvements, operations are forecast to operate at an acceptable LOS during the PM peak hours. In order for this intersection to operate acceptably with the addition of the project traffic, the following modifications will be needed: o Adjust and optimize the PM peak hour signal timing plan and cycle length. Mitigation Measure MM TRAF-3: Prior to the issuance of building permits, the Property/Owner Developer shall pay its fair share for the following measures required to mitigate Cumulative Year(2040)Plus Project conditions. This fair share contribution will be used by the Caltrans with other sources of funds including, but not limited to, fair share contributions from other projects, to construct the following improvements. • Intersection 34: Baseline Avenue and 1-15 Northbound Ramps. The modifications below can fit within the existing right- of-way and will require signing and striping modifications. With these recommended improvements, operations are forecast to operate at an acceptable LOS during the PM peak hours. In order for this intersection to operate acceptably with the addition of the project traffic, the following modifications will be needed: o Modify northbound approach of the intersection from one left-turn lane, one left-right shared lane, and one right-turn lane to one left-turn lane and two right-turn lanes. With the above referenced project design features and mitigation measures, cumulative impacts to local streets and highways are reduced to a less than significant level. However, there are no feasible Mitigation Measures beyond MM TRAF-2 through MM TRAF-3 that would reduce the Project's cumulatively significant traffic impacts on State highways. Changes or alterations to mitigate impacts on state highways are within the responsibility and jurisdiction of another public agency—Caltrans—and not the City. Such changes can and should be adopted by such Caltrans in conjunction with SANBAG. Thus, the Project's cumulative impact on freeway traffic remains significant and unavoidable. b. Facts in Support of Findings Resolution No. 19-082 - Page 91 of 103 The EIR analyzed cumulative and cumulative plus Project Intersection Peak-Hour Levels of Service and the following study intersections are forecast to operate at a deficient LOS during one or both peak hours for Cumulative Year (2040) Conditions: (1) Intersection 18: Banyan Street and Rochester Avenue—AM Peak Hour (LOS F); (2) Intersection 33: Base Line Road and East Avenue—AM Peak Hour(LOS E), PM Peak Hour(LOS F); (3) Intersection 34: Baseline Ave and I- 15 Northbound Ramps—PM Peak Hour (LOS E); (4) Intersection 35: Terra Vista Parkway and Milliken Avenue—PM Peak Hour(LOS E);and(5)Intersection 41:Foothill Boulevard and Day Creek Boulevard—PM Peak Hour(LOS E). A further study incorporating Mitigation Measures MM TRAF-2 and MM TRAF-3 improved these intersection operations to either an acceptable LOS or pre-project conditions. As such, impacts to these local streets and highways would be reduced to a less than significant level. With respect to freeways, many segments with the addition of Project traffic would exceed the significance criteria. As such, there are cumulative impacts to the freeway system near the Plan Area.The freeway traffic congestion also further burdens local streets that avoid I-15 and SR-210 to cut through Rancho the City. Itis noted that freeways are currently congested and is anticipated to get further congested, with or without the Plan, due to regional population growth. To mitigate the impacts at the identified locations,freeway mainline widening or freeway ramps widening would be needed,which requires a complete reconstruction of the freeway in the Plan Area vicinity;a process that is suited to regional planned efforts and is infeasible for a single development project or specific plan project to undertake. Since freeways are an interconnected system, it would not be possible, nor effective,to provide isolated spot improvements of one segment of the freeway where deficient operations are observed. While the cumulative analysis assumes planned and funded improvements for freeway segments, additional freeway improvements are not considered feasible at this time because: (1) such improvements are unlikely to be accomplished within a reasonable period of time (i.e. the horizon year of the project)and would therefore not reduce or avoid impacts because such a project would require substantial consultation with SCAG and Caltrans, (2)such a project will require SCAG and Caltrans to make various policy choices to amend the RTP and related long term transportation plans which cannot be determined at this time (e.g. funding such a suggestion could potentially eliminate or delay other regional projects which may be of higher priority), (3)SCAG and Caltrans would have to perform additional transportation planning to determine the effectiveness of such a suggestion, and (4)given the large scope of the suggested project, such planning should be done on a regional level rather than based upon the needs of individual components of the transportation system such as the Project. Lastly, the I-210 and I-15 freeways are not controlled by the City; the City cannot not guarantee implementation of measures to mitigate cumulative impacts to freeways. For these reasons, cumulative impacts would remain significant and unavoidable. VIII. Project Alternatives The EIR considered and analyzed a range of alternatives to the Proposed Project including: Alternative 1 -No Project,Alternative 2-County Development of Neighborhood Area,Alternative 3- Annexation under Current City Plans,and Alternative 4-Annexation with Alternative Land Use Plan. In addition, a range of other alternatives, including a 100 Percent Open Space Alternative, a 3,800 Residential Unit Alternative,and anAll'/2-Acre Lots Alternative,were considered but eliminated from further consideration for the reasons explained in Section 5.3 of the EIR, including that these potential alternatives failed to meet most of the project objectives. Resolution No. 19-082 - Page 92 of 103 The four alternatives that were analyzed in the EIR are discussed below, including the basis for rejecting each alternative. In addition, comparison of the alternatives is available in Table 5.0-1 of the EIR. A. ALTERNATIVE 1 — NO PROJECT 1. Summary of Alternative Under the No Project Alternative, the City would not prepare a new plan or annex any County land and existing County Zoning would shape future development within the annexation area and existing City zoning/Etiwanda North Specific Plan(ENSP)would shape future development within the small portions of the Plan Area currently within City limits.This alternative would include no development within the Neighborhood Area(NA)north of Banyan Street or west of Rochester Avenue due to the County General Plan Flood Control designation east of Milliken Avenue and the City Flood Control Designation in the area west of Milliken Avenue. Approximately 120 to 200 residences would be expected in Sub-Area 1, south of Banyan Street and west of Milliken Avenue as this area is already in the City of Rancho Cucamonga and zoned Low Medium Residential. The County General Plan anticipates up to 7,000 residences in the Rancho Cucamonga Sphere of Influence area, of which the EHNCP Plan Area is more than half. Based on the existing County General Plan Land Use/Zoning designations for the Plan Area, it is estimated that approximately 3,500 to 4,500 homes could be developed in the RCA. The County's General Plan designates the NA as Floodway and would not permit any development in this area. 2. Reasons for Resecting Alternative Implementation of the No Project Alternative would increase environmental impacts as compared to the proposed project. Further,the project objectives would not be fully realized under this alternative. As summarized in Section 4.0: Environmental Analysis of the Draft EIR, most environmental impacts of the EHNCP project are less than significant or can be reduced to less than significant levels through adherence to regulatory requirements, incorporation of design features, and the implementation of mitigation measures. However, under the EHNCP, impacts related to air quality, biological resources, mineral resources, population and housing, and transportation and traffic would be significant and unavoidable because there is no feasible mitigation to reduce impacts to a less than significant level. Under this alternative, impacts to mineral resources would be considered similar to or less than impacts from the EHNCP. Impacts to aesthetics; air quality; biological resources; cultural and tribal resources; energy; geology and soils; greenhouse gas emissions; hazards and hazardous materials; hydrology and water quality; land use and planning; noise; population and housing; public services and recreation; transportation and traffic; and utilities and service systems would be greater under this alternative when compared to those for the EHNCP.A summary of impacts is provided in Table 5.0-1: Comparison of Alternatives to the Project,as well as in the EIR's discussion of this alternative's specific impact categories. In addition to overall greater impacts associated with this Alternative,the following Project objectives would not be achieved: • Conserve the natural resources and open space character of this unique foothill area because the Resource Conservation Ara (RCA)would be developed with approximately 3,500 to 4,500 homes thereby greatly reducing the potential for conservation of natural resources; Resolution No. 19-082 - Page 93 of 103 • Establish local control by annexing this area to the City and adopting a community-based plan that meet the City's high-quality standards, because this alternative would leave control with the County of San Bernardino; • Provide a range of open space and park areas offering a range of recreation opportunities, because the conversion of undeveloped lands to residential development in the RCA would greatly diminish both open space and recreational opportunities; • In the NA, provide for the development of high-quality, single-family neighborhoods with a range of housing opportunities- including equestrian-oriented housing -that are compatible in character with the existing surrounding neighborhoods because this alternative would not allow for development of residential uses in the NA other than 120 to 200 residences in Sub-Area 1, south of Banyan Street and west of Milliken Avenue, the area currently in the City of Rancho Cucamonga and zoned Low Medium Residential; • Improve access to the existing and new foothill neighborhoods by extending, connecting and improving Wilson Avenue, Rochester Avenue, and Milliken Avenue, and providing a network of walkable and bikeable neighborhood streets because the County's General Plan designates the NA as Floodway and would not permit any development in this area; • Enhance fire safety throughout the Plan Area, in particular reduce wildfire hazard to existing and new neighborhoods, because the greatly increased residential uses in the RCA in a high fire hazard zone would directly conflict with this objective, and also increase risks by leaving the NA undeveloped, therefore placing homes in an area surrounded by unmaintained vegetation, or potential wildfire fuel; • Provide a limited amount of small-scale neighborhood shops and restaurants to meet the daily needs of residents in the existing and future foothill neighborhoods because this alternative does not provide for small- scale neighborhood shops and restaurants. The No Project Alternative is hereby rejected because it fails to meet the project's main objectives, and because it would have greater environmental impact that the EHNCP. B. ALTERNATIVE 2 — COUNTY DEVELOPMENT OF NA ALTERNATIVE 1. Summary of Alternative. The proposed County Development of NA Alternative would ensure the County meets it fiduciary responsibility to sell their surplus land for a reasonable price.This alternative allows for development within the City under the guiding General Plan land use designations and densities in the NA. This alternative would have the following characteristics: • The City does not prepare a new plan or annex any County land. Resolution No. 19-082 - Page 94 of 103 • The County's General Plan for the RCA would not be amended and would allow the development of approximately 3,500 to 4,500 residential units in the RCA as described and evaluated in the No Project Alternative. • Under this alternative, development of the NA is assumed to occur after the County sells its surplus property. Based on recent market studies and current products for sale in Rancho Cucamonga, a likely average residential density would be around 8 units per net acre or 6 units per gross acre. At that density, a neighborhood development of 900 acres would yield 5,400 residences. Prior development proposals also included a neighborhood-serving commercial "main street"thus up to 160,000 s.f. of commercial use is also assumed. Approximately 120 to 200 residences would be expected in Sub-Area 1, south of Banyan Street and west of Milliken Avenue as this area is already in the City of Rancho Cucamonga and zoned Low Medium Residential. 2. Reasons for Reiecting Alternative Implementation of this alternative would increase environmental impacts when compared to the EHNCP because the vast majority of the Plan Area would be developed with urban uses and very little additional open space would be acquired and conserved. At the same time, the Project objectives would not be fully realized under this Alternative. As summarized in Section 4.0: Environmental Analysis of this Draft EIR, most environmental impacts of the Plan are less than significant or can be reduced to less than significant levels through adherence to regulatory requirements, incorporation of design features, and the implementation of mitigation measures. However, under the Plan, impacts related to air quality, biological resources, greenhouse gas emissions, mineral resources, population and housing, and transportation and traffic would be significant and unavoidable because there is no feasible mitigation to reduce impacts to a less than significant level. Under this alternative, impacts to land use and planning would be reduced. However, impacts to aesthetics; air quality; biological resources; cultural and tribal resources; energy;geology and soils; greenhouse gas emissions; hazards and hazardous materials; hydrology and water quality; mineral resources; noise; population and housing; public services and recreation; transportation and traffic; and utilities and service systems would be greater under this alternative when compared to those for the EHNCP. A summary of impacts is provided in Table 5.0-1, as well as in the EIR's discussion of this alternative's specific impact categories. In addition to overall greater impacts associated with this Alternative,the following Project objectives would not be achieved: • Conserve the natural resources and open space character of this unique foothill area, because the RCA would not be preserved, but would be developed with up to 4,500 homes; • Establish local control by annexing this area to the City and adopting a community-based plan that meet the City's high-quality standards, because this alternative would leave the RCA and majority of the NA under control of the County; • Provide a range of open space and park areas offering a range of recreation opportunities because this alternative would fully develop the Resolution No. 19-082 - Page 95 of 103