UCLA Department of Environmental Health (Summer 2003 through 20010) Taught Environmental Health Science 100 to students, including undergrad, medical doctors, public health professionals and nurses. Course focused on the health effects of environmental contaminants.
National Ground Water Association, Successful Remediation Technologies. Custom Course in Sante Fe, New Mexico. May 21, 2002. Focused on fate and transport of fuel contaminants associated with underground storage tanks.
National Ground Water Association; Successful Remediation Technologies Course in Chicago Illinois. April 1, 2002. Focused on fate and transport of contaminants associated with Superfund and RCRA sites.
California Integrated Waste Management Board, April and May, 2001. Alternative Landfill Caps Seminar in San Diego, Ventura, and San Francisco. Focused on both prescriptive and innovative landfill cover design.
UCLA Department of Environmental Engineering, February 5, 2002. Seminar on Successful Remediation Technologies focusing on Groundwater Remediation.
University Of Washington, Soil Science Program, Teaching Assistant for several courses including: Soil Chemistry, Organic Soil Amendments, and Soil Stability.
U.C. Berkeley, Environmental Science Program Teaching Assistant for Environmental Science 10.
Academic Grants Awarded:
California Integrated Waste Management Board. $41,000 grant awarded to UCLA Institute of the Environment.
Goal: To investigate effect of high carbon wood ash on volatile organic emissions from compost. 2001.
Synagro Technologies, Corona California: $10,000 grant awarded to San Diego State University.
Goal: investigate effect of biosolids for restoration and remediation of degraded coastal sage soils. 2000.
King County, Department of Research and Technology, Washington State. $100,000 grant awarded to University of Washington: Goal: To investigate odor emissions from biosolids application and the effect of polymers and ash on VOC emissions. 1998.
Northwest Biosolids Management Association, Washington State. $20,000 grant awarded to investigate effect of polymers and ash on VOC emissions from biosolids. 1997.
James River Corporation, Oregon: $10,000 grant was awarded to investigate the success of genetically engineered Poplar trees with resistance to round-up. 1996.
United State Forest Service, Tahoe National Forest: $15,000 grant was awarded to investigating fire ecology of the Tahoe National Forest. 1995.
Kellogg Foundation, Washington D.C. $500 grant was awarded to construct a large anaerobic digester on St. Kitts in West Indies. 1993
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Paul E. Rosenfeld, Ph.D. Page 8 of 10 June 2019
Deposition and/or Trial Testimony:
In the United States District Court For The District of New Jersey Duarte et al, Plaintiffs, vs. United States Metals Refining Company et. al. Defendant.
Case No.: 2:17-cv-01624-ES-SCM
Rosenfeld Deposition. 6-7-2019
In the United States District Court of Southern District of Texas Galveston Division M/T Carla Maersk, Plaintiffs, vs. Conti 168., Schiffahrts-GMBH & Co. Bulker KG MS “Conti Perdido” Defendant.
Case No.: 3:15-CV-00106 consolidated with 3:15-CV-00237 Rosenfeld Deposition. 5-9-2019
In The Superior Court of the State of California In And For The County Of Los Angeles – Santa Monica Carole-Taddeo-Bates et al., vs. Ifran Khan et al., Defendants Case No.: No. BC615636
Rosenfeld Deposition, 1-26-2019
In The Superior Court of the State of California In And For The County Of Los Angeles – Santa Monica The San Gabriel Valley Council of Governments et al. vs El Adobe Apts. Inc. et al., Defendants Case No.: No. BC646857
Rosenfeld Deposition, 10-6-2018; Trial 3-7-19
In United States District Court For The District of Colorado Bells et al. Plaintiff vs. The 3M Company et al., Defendants Case: No 1:16-cv-02531-RBJ
Rosenfeld Deposition, 3-15-2018 and 4-3-2018
In The District Court Of Regan County, Texas, 112th Judicial District Phillip Bales et al., Plaintiff vs. Dow Agrosciences, LLC, et al., Defendants Cause No 1923
Rosenfeld Deposition, 11-17-2017
In The Superior Court of the State of California In And For The County Of Contra Costa Simons et al., Plaintiffs vs. Chevron Corporation, et al., Defendants Cause No C12-01481
Rosenfeld Deposition, 11-20-2017
In The Circuit Court Of The Twentieth Judicial Circuit, St Clair County, Illinois Martha Custer et al., Plaintiff vs. Cerro Flow Products, Inc., Defendants Case No.: No. 0i9-L-2295
Rosenfeld Deposition, 8-23-2017
In The Superior Court of the State of California, For The County of Los Angeles Warrn Gilbert and Penny Gilber, Plaintiff vs. BMW of North America LLC Case No.: LC102019 (c/w BC582154)
Rosenfeld Deposition, 8-16-2017, Trail 8-28-2018
In the Northern District Court of Mississippi, Greenville Division Brenda J. Cooper, et al., Plaintiffs, vs. Meritor Inc., et al., Defendants Case Number: 4:16-cv-52-DMB-JVM
Rosenfeld Deposition: July 2017
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Paul E. Rosenfeld, Ph.D. Page 9 of 10 June 2019
In The Superior Court of the State of Washington, County of Snohomish Michael Davis and Julie Davis et al., Plaintiff vs. Cedar Grove Composting Inc., Defendants Case No.: No. 13-2-03987-5
Rosenfeld Deposition, February 2017
Trial, March 2017
In The Superior Court of the State of California, County of Alameda Charles Spain., Plaintiff vs. Thermo Fisher Scientific, et al., Defendants Case No.: RG14711115
Rosenfeld Deposition, September 2015
In The Iowa District Court In And For Poweshiek County
Russell D. Winburn, et al., Plaintiffs vs. Doug Hoksbergen, et al., Defendants Case No.: LALA002187
Rosenfeld Deposition, August 2015
In The Iowa District Court For Wapello County
Jerry Dovico, et al., Plaintiffs vs. Valley View Sine LLC, et al., Defendants Law No,: LALA105144 - Division A
Rosenfeld Deposition, August 2015
In The Iowa District Court For Wapello County
Doug Pauls, et al.,, et al., Plaintiffs vs. Richard Warren, et al., Defendants Law No,: LALA105144 - Division A
Rosenfeld Deposition, August 2015
In The Circuit Court of Ohio County, West Virginia
Robert Andrews, et al. v. Antero, et al.
Civil Action N0. 14-C-30000
Rosenfeld Deposition, June 2015
In The Third Judicial District County of Dona Ana, New Mexico Betty Gonzalez, et al. Plaintiffs vs. Del Oro Dairy, Del Oro Real Estate LLC, Jerry Settles and Deward DeRuyter, Defendants
Rosenfeld Deposition: July 2015
In The Iowa District Court For Muscatine County
Laurie Freeman et. al. Plaintiffs vs. Grain Processing Corporation, Defendant Case No 4980
Rosenfeld Deposition: May 2015
In the Circuit Court of the 17th Judicial Circuit, in and For Broward County, Florida Walter Hinton, et. al. Plaintiff, vs. City of Fort Lauderdale, Florida, a Municipality, Defendant.
Case Number CACE07030358 (26)
Rosenfeld Deposition: December 2014
In the United States District Court Western District of Oklahoma Tommy McCarty, et al., Plaintiffs, v. Oklahoma City Landfill, LLC d/b/a Southeast Oklahoma City Landfill, et al. Defendants.
Case No. 5:12-cv-01152-C
Rosenfeld Deposition: July 2014
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Paul E. Rosenfeld, Ph.D. Page 10 of 10 June 2019
In the County Court of Dallas County Texas
Lisa Parr et al, Plaintiff, vs. Aruba et al, Defendant.
Case Number cc-11-01650-E
Rosenfeld Deposition: March and September 2013
Rosenfeld Trial: April 2014
In the Court of Common Pleas of Tuscarawas County Ohio
John Michael Abicht, et al., Plaintiffs, vs. Republic Services, Inc., et al., Defendants Case Number: 2008 CT 10 0741 (Cons. w/ 2009 CV 10 0987) Rosenfeld Deposition: October 2012
In the United States District Court of Southern District of Texas Galveston Division Kyle Cannon, Eugene Donovan, Genaro Ramirez, Carol Sassler, and Harvey Walton, each Individually and on behalf of those similarly situated, Plaintiffs, vs. BP Products North America, Inc., Defendant.
Case 3:10-cv-00622
Rosenfeld Deposition: February 2012
Rosenfeld Trial: April 2013
In the Circuit Court of Baltimore County Maryland
Philip E. Cvach, II et al., Plaintiffs vs. Two Farms, Inc. d/b/a Royal Farms, Defendants Case Number: 03-C-12-012487 OT
Rosenfeld Deposition: September 2013
706
EXHIBIT C
707
1640 5th St.., Suite 204 Santa
Santa Monica, California 90401
Tel: (949) 887‐9013
Email: [email protected]
Matthew F. Hagemann, P.G., C.Hg., QSD, QSP
Geologic and Hydrogeologic Characterization
Industrial Stormwater Compliance
Investigation and Remediation Strategies
Litigation Support and Testifying Expert
CEQA Review
Education:
M.S. Degree, Geology, California State University Los Angeles, Los Angeles, CA, 1984.
B.A. Degree, Geology, Humboldt State University, Arcata, CA, 1982.
Professional Certifications:
California Professional Geologist
California Certified Hydrogeologist
Qualified SWPPP Developer and Practitioner
Professional Experience:
Matt has 25 years of experience in environmental policy, assessment and remediation. He spent nine years with the U.S. EPA in the RCRA and Superfund programs and served as EPA’s Senior Science Policy Advisor in the Western Regional Office where he identified emerging threats to groundwater from perchlorate and MTBE. While with EPA, Matt also served as a Senior Hydrogeologist in the oversight of the assessment of seven major military facilities undergoing base closure. He led numerous enforcement actions under provisions of the Resource Conservation and Recovery Act (RCRA) while also working with permit holders to improve hydrogeologic characterization and water quality monitoring.
Matt has worked closely with U.S. EPA legal counsel and the technical staff of several states in the application and enforcement of RCRA, Safe Drinking Water Act and Clean Water Act regulations. Matt has trained the technical staff in the States of California, Hawaii, Nevada, Arizona and the Territory of Guam in the conduct of investigations, groundwater fundamentals, and sampling techniques.
Positions Matt has held include:
• Founding Partner, Soil/Water/Air Protection Enterprise (SWAPE) (2003 – present); • Geology Instructor, Golden West College, 2010 – 2014; • Senior Environmental Analyst, Komex H2O Science, Inc. (2000 ‐‐ 2003); 708
• Executive Director, Orange Coast Watch (2001 – 2004); • Senior Science Policy Advisor and Hydrogeologist, U.S. Environmental Protection Agency (1989– 1998);
• Hydrogeologist, National Park Service, Water Resources Division (1998 – 2000); • Adjunct Faculty Member, San Francisco State University, Department of Geosciences (1993 – 1998);
• Instructor, College of Marin, Department of Science (1990 – 1995); • Geologist, U.S. Forest Service (1986 – 1998); and
• Geologist, Dames & Moore (1984 – 1986).
Senior Regulatory and Litigation Support Analyst:
With SWAPE, Matt’s responsibilities have included:
• Lead analyst and testifying expert in the review of over 100 environmental impact reports since 2003 under CEQA that identify significant issues with regard to hazardous waste, water resources, water quality, air quality, Valley Fever, greenhouse gas emissions, and geologic hazards. Make recommendations for additional mitigation measures to lead agencies at the local and county level to include additional characterization of health risks and implementation of protective measures to reduce worker exposure to hazards from toxins and Valley Fever.
• Stormwater analysis, sampling and best management practice evaluation at industrial facilities. • Manager of a project to provide technical assistance to a community adjacent to a former Naval shipyard under a grant from the U.S. EPA.
• Technical assistance and litigation support for vapor intrusion concerns. • Lead analyst and testifying expert in the review of environmental issues in license applications for large solar power plants before the California Energy Commission. • Manager of a project to evaluate numerous formerly used military sites in the western U.S. • Manager of a comprehensive evaluation of potential sources of perchlorate contamination in Southern California drinking water wells.
• Manager and designated expert for litigation support under provisions of Proposition 65 in the review of releases of gasoline to sources drinking water at major refineries and hundreds of gas stations throughout California.
• Expert witness on two cases involving MTBE litigation. • Expert witness and litigation support on the impact of air toxins and hazards at a school. • Expert witness in litigation at a former plywood plant.
With Komex H2O Science Inc., Matt’s duties included the following:
• Senior author of a report on the extent of perchlorate contamination that was used in testimony by the former U.S. EPA Administrator and General Counsel. • Senior researcher in the development of a comprehensive, electronically interactive chronology of MTBE use, research, and regulation.
• Senior researcher in the development of a comprehensive, electronically interactive chronology of perchlorate use, research, and regulation.
• Senior researcher in a study that estimates nationwide costs for MTBE remediation and drinking water treatment, results of which were published in newspapers nationwide and in testimony against provisions of an energy bill that would limit liability for oil companies. • Research to support litigation to restore drinking water supplies that have been contaminated by MTBE in California and New York.
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• Expert witness testimony in a case of oil production‐related contamination in Mississippi. • Lead author for a multi‐volume remedial investigation report for an operating school in Los Angeles that met strict regulatory requirements and rigorous deadlines. 3 710
• Development of strategic approaches for cleanup of contaminated sites in consultation with clients and regulators.
Executive Director:
As Executive Director with Orange Coast Watch, Matt led efforts to restore water quality at Orange County beaches from multiple sources of contamination including urban runoff and the discharge of wastewater. In reporting to a Board of Directors that included representatives from leading Orange County universities and businesses, Matt prepared issue papers in the areas of treatment and disinfection of wastewater and control of the discharge of grease to sewer systems. Matt actively participated in the development of countywide water quality permits for the control of urban runoff and permits for the discharge of wastewater. Matt worked with other nonprofits to protect and restore water quality, including Surfrider, Natural Resources Defense Council and Orange County CoastKeeper as well as with business institutions including the Orange County Business Council.
Hydrogeology:
As a Senior Hydrogeologist with the U.S. Environmental Protection Agency, Matt led investigations to characterize and cleanup closing military bases, including Mare Island Naval Shipyard, Hunters Point Naval Shipyard, Treasure Island Naval Station, Alameda Naval Station, Moffett Field, Mather Army Airfield, and Sacramento Army Depot. Specific activities were as follows:
• Led efforts to model groundwater flow and contaminant transport, ensured adequacy of monitoring networks, and assessed cleanup alternatives for contaminated sediment, soil, and groundwater.
• Initiated a regional program for evaluation of groundwater sampling practices and laboratory analysis at military bases.
• Identified emerging issues, wrote technical guidance, and assisted in policy and regulation development through work on four national U.S. EPA workgroups, including the Superfund Groundwater Technical Forum and the Federal Facilities Forum.
At the request of the State of Hawaii, Matt developed a methodology to determine the vulnerability of groundwater to contamination on the islands of Maui and Oahu. He used analytical models and a GIS to show zones of vulnerability, and the results were adopted and published by the State of Hawaii and County of Maui.
As a hydrogeologist with the EPA Groundwater Protection Section, Matt worked with provisions of the Safe Drinking Water Act and NEPA to prevent drinking water contamination. Specific activities included the following:
• Received an EPA Bronze Medal for his contribution to the development of national guidance for the protection of drinking water.
• Managed the Sole Source Aquifer Program and protected the drinking water of two communities through designation under the Safe Drinking Water Act. He prepared geologic reports, conducted public hearings, and responded to public comments from residents who were very concerned about the impact of designation.
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• Reviewed a number of Environmental Impact Statements for planned major developments, including large hazardous and solid waste disposal facilities, mine reclamation, and water transfer.
Matt served as a hydrogeologist with the RCRA Hazardous Waste program. Duties were as follows:
• Supervised the hydrogeologic investigation of hazardous waste sites to determine compliance with Subtitle C requirements.
• Reviewed and wrote ʺpart Bʺ permits for the disposal of hazardous waste. • Conducted RCRA Corrective Action investigations of waste sites and led inspections that formed the basis for significant enforcement actions that were developed in close coordination with U.S.
EPA legal counsel.
• Wrote contract specifications and supervised contractor’s investigations of waste sites.
With the National Park Service, Matt directed service‐wide investigations of contaminant sources to prevent degradation of water quality, including the following tasks:
• Applied pertinent laws and regulations including CERCLA, RCRA, NEPA, NRDA, and the Clean Water Act to control military, mining, and landfill contaminants. • Conducted watershed‐scale investigations of contaminants at parks, including Yellowstone and Olympic National Park.
• Identified high‐levels of perchlorate in soil adjacent to a national park in New Mexico and advised park superintendent on appropriate response actions under CERCLA. • Served as a Park Service representative on the Interagency Perchlorate Steering Committee, a national workgroup.
• Developed a program to conduct environmental compliance audits of all National Parks while serving on a national workgroup.
• Co‐authored two papers on the potential for water contamination from the operation of personal watercraft and snowmobiles, these papers serving as the basis for the development of nation‐ wide policy on the use of these vehicles in National Parks. • Contributed to the Federal Multi‐Agency Source Water Agreement under the Clean Water Action Plan.
Policy:
Served senior management as the Senior Science Policy Advisor with the U.S. Environmental Protection Agency, Region 9. Activities included the following:
• Advised the Regional Administrator and senior management on emerging issues such as the potential for the gasoline additive MTBE and ammonium perchlorate to contaminate drinking water supplies.
• Shaped EPA’s national response to these threats by serving on workgroups and by contributing to guidance, including the Office of Research and Development publication, Oxygenates in Water: Critical Information and Research Needs.
• Improved the technical training of EPAʹs scientific and engineering staff. • Earned an EPA Bronze Medal for representing the region’s 300 scientists and engineers in negotiations with the Administrator and senior management to better integrate scientific principles into the policy‐making process.
• Established national protocol for the peer review of scientific documents. 5 712
Geology:
With the U.S. Forest Service, Matt led investigations to determine hillslope stability of areas proposed for timber harvest in the central Oregon Coast Range. Specific activities were as follows:
• Mapped geology in the field, and used aerial photographic interpretation and mathematical models to determine slope stability.
• Coordinated his research with community members who were concerned with natural resource protection.
• Characterized the geology of an aquifer that serves as the sole source of drinking water for the city of Medford, Oregon.
As a consultant with Dames and Moore, Matt led geologic investigations of two contaminated sites (later listed on the Superfund NPL) in the Portland, Oregon, area and a large hazardous waste site in eastern Oregon. Duties included the following:
• Supervised year‐long effort for soil and groundwater sampling. • Conducted aquifer tests.
• Investigated active faults beneath sites proposed for hazardous waste disposal.
Teaching:
From 1990 to 1998, Matt taught at least one course per semester at the community college and university levels:
• At San Francisco State University, held an adjunct faculty position and taught courses in environmental geology, oceanography (lab and lecture), hydrogeology, and groundwater contamination.
• Served as a committee member for graduate and undergraduate students. • Taught courses in environmental geology and oceanography at the College of Marin.
Matt taught physical geology (lecture and lab and introductory geology at Golden West College in Huntington Beach, California from 2010 to 2014.
Invited Testimony, Reports, Papers and Presentations:
Hagemann, M.F., 2008. Disclosure of Hazardous Waste Issues under CEQA. Presentation to the Public Environmental Law Conference, Eugene, Oregon.
Hagemann, M.F., 2008. Disclosure of Hazardous Waste Issues under CEQA. Invited presentation to U.S.
EPA Region 9, San Francisco, California.
Hagemann, M.F., 2005. Use of Electronic Databases in Environmental Regulation, Policy Making and Public Participation. Brownfields 2005, Denver, Coloradao.
Hagemann, M.F., 2004. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in Nevada and the Southwestern U.S. Presentation to a meeting of the American Groundwater Trust, Las Vegas, NV (served on conference organizing committee).
Hagemann, M.F., 2004. Invited testimony to a California Senate committee hearing on air toxins at schools in Southern California, Los Angeles.
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Brown, A., Farrow, J., Gray, A. and Hagemann, M., 2004. An Estimate of Costs to Address MTBE Releases from Underground Storage Tanks and the Resulting Impact to Drinking Water Wells.
Presentation to the Ground Water and Environmental Law Conference, National Groundwater Association.
Hagemann, M.F., 2004. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in Arizona and the Southwestern U.S. Presentation to a meeting of the American Groundwater Trust, Phoenix, AZ (served on conference organizing committee).
Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in the Southwestern U.S. Invited presentation to a special committee meeting of the National Academy of Sciences, Irvine, CA.
Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River. Invited presentation to a tribal EPA meeting, Pechanga, CA.
Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River. Invited presentation to a meeting of tribal repesentatives, Parker, AZ.
Hagemann, M.F., 2003. Impact of Perchlorate on the Colorado River and Associated Drinking Water Supplies. Invited presentation to the Inter‐Tribal Meeting, Torres Martinez Tribe.
Hagemann, M.F., 2003. The Emergence of Perchlorate as a Widespread Drinking Water Contaminant.
Invited presentation to the U.S. EPA Region 9.
Hagemann, M.F., 2003. A Deductive Approach to the Assessment of Perchlorate Contamination. Invited presentation to the California Assembly Natural Resources Committee.
Hagemann, M.F., 2003. Perchlorate: A Cold War Legacy in Drinking Water. Presentation to a meeting of the National Groundwater Association.
Hagemann, M.F., 2002. From Tank to Tap: A Chronology of MTBE in Groundwater. Presentation to a meeting of the National Groundwater Association.
Hagemann, M.F., 2002. A Chronology of MTBE in Groundwater and an Estimate of Costs to Address Impacts to Groundwater. Presentation to the annual meeting of the Society of Environmental Journalists.
Hagemann, M.F., 2002. An Estimate of the Cost to Address MTBE Contamination in Groundwater (and Who Will Pay). Presentation to a meeting of the National Groundwater Association.
Hagemann, M.F., 2002. An Estimate of Costs to Address MTBE Releases from Underground Storage Tanks and the Resulting Impact to Drinking Water Wells. Presentation to a meeting of the U.S. EPA and State Underground Storage Tank Program managers.
Hagemann, M.F., 2001. From Tank to Tap: A Chronology of MTBE in Groundwater. Unpublished report.
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Hagemann, M.F., 2001. Estimated Cleanup Cost for MTBE in Groundwater Used as Drinking Water.
Unpublished report.
Hagemann, M.F., 2001. Estimated Costs to Address MTBE Releases from Leaking Underground Storage Tanks. Unpublished report.
Hagemann, M.F., and VanMouwerik, M., 1999. Potential Water Quality Concerns Related to Snowmobile Usage. Water Resources Division, National Park Service, Technical Report.
VanMouwerik, M. and Hagemann, M.F. 1999, Water Quality Concerns Related to Personal Watercraft Usage. Water Resources Division, National Park Service, Technical Report.
Hagemann, M.F., 1999, Is Dilution the Solution to Pollution in National Parks? The George Wright Society Biannual Meeting, Asheville, North Carolina.
Hagemann, M.F., 1997, The Potential for MTBE to Contaminate Groundwater. U.S. EPA Superfund Groundwater Technical Forum Annual Meeting, Las Vegas, Nevada.
Hagemann, M.F., and Gill, M., 1996, Impediments to Intrinsic Remediation, Moffett Field Naval Air Station, Conference on Intrinsic Remediation of Chlorinated Hydrocarbons, Salt Lake City.
Hagemann, M.F., Fukunaga, G.L., 1996, The Vulnerability of Groundwater to Anthropogenic Contaminants on the Island of Maui, Hawaii. Hawaii Water Works Association Annual Meeting, Maui, October 1996.
Hagemann, M. F., Fukanaga, G. L., 1996, Ranking Groundwater Vulnerability in Central Oahu, Hawaii. Proceedings, Geographic Information Systems in Environmental Resources Management, Air and Waste Management Association Publication VIP‐61.
Hagemann, M.F., 1994. Groundwater Characterization and Cleanup a t Closing Military Bases in California. Proceedings, California Groundwater Resources Association Meeting.
Hagemann, M.F. and Sabol, M.A., 1993. Role of the U.S. EPA in the High Plains States Groundwater Recharge Demonstration Program. Proceedings, Sixth Biennial Symposium on the Artificial Recharge of Groundwater.
Hagemann, M.F., 1993. U.S. EPA Policy on the Technical Impracticability of the Cleanup of DNAPL‐ contaminated Groundwater. California Groundwater Resources Association Meeting. 8 715
Hagemann, M.F., 1992. Dense Nonaqueous Phase Liquid Contamination of Groundwater: An Ounce of Prevention... Proceedings, Association of Engineering Geologists Annual Meeting, v. 35.
Other Experience:
Selected as subject matter expert for the California Professional Geologist licensing examination, 2009‐ 2011.
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PLANNING COMMISSION
AGENDA REPORT
DATE: January 19, 2022
TO: Honorable Chairman and Members of the Planning Commission FROM:
THROUGH:
BY:
Dave Martinez, Development Services Director
Mary Blais, Planning Consultant
James Hirsch
SUBJECT: Conditional Use Permit 21-16 & Location and Development Plan 21-14 - Proposal to establish commercial medical and adult use cannabis cultivation and related ancillary office and storage uses and to construct six (6) two story, 16,238 SF buildings, totaling 97,428 SF on a 3.03-acre site located at the West side of Koala Road midway between Rancho Road and Violet Road in the Manufacturing Industrial (MI) zoning district in the City of Adelanto, California (APN: 3210-631-14).
STAFF RECOMMENDATION:
ADOPT Resolution P-21-22 to ADOPT the Mitigated Negative Declaration (MND) and APPROVE Conditional Use Permit 21-16 to establish commercial medical and adult use cannabis cultivation and related ancillary office and storage uses and Location and Development Plan 21-14 to construct six (6) two story, 16,238 SF buildings, totaling 97,428 SF on a 3.03-acre site located at the West side of Koala Road midway between Rancho Road and Violet Road in the Manufacturing Industrial (MI) zoning district in the City of Adelanto, California, based on the findings and subject to conditions of approval.
BACKGROUND:
Applicant: Mary Ma
5030 Encinita Ave
Temple City, CA 91780
General Location: West side of Koala Road midway between Rancho Road and Violet Road in the in the City of Adelanto, California, County of San Bernardino.
Assessor’s Parcel No: 3120-631-14
Environmental Determination: A Mitigated Negative Declaration (MND) and a Mitigation Reporting 717
CUP 21-16, LDP 21-14
January 19, 2022
2 Monitoring Program
Existing General Plan &
Current Zoning Designation: Manufacturing Industrial (MI) Surrounding General Plan and Zoning:
North Manufacturing Industrial (MI)
South Manufacturing Industrial (MI)
East Manufacturing Industrial (MI)
West Manufacturing Industrial (MI)
Existing Land Use: The project site is currently vacant and contains native vegetation.
Surrounding Land Uses: The following chart shows the surrounding land uses:
North Vacant, undeveloped land
South Vacant, undeveloped
East Koala Road extends along the project site’s east side. An industrial use land is located further east.
West Vacant, undeveloped land
ANALYSIS & REVIEW:
PROJECT DESCRIPTION
The applicant, Mary Ma, is requesting approval of a Conditional Use Permit to establish commercial cannabis uses, including adult and medical cultivation as well as approval for a Location and Development Plan to construct six (6) two story, 16,238 SF buildings and relating parking, drainage, landscaping and on and off-site improvements in four (4) Phases for a total building square footage of 97,428 SF on the 3.03 acre site. A stormwater retention basin will be constructed in the north western portion of the site. There is an 80’ drainage easement across the western portion of the site.
Approximately 26.5 % of the site will be reserved for landscaping.
The proposed project is anticipated to employ up to 90-100 people per day, including management positions. A breakdown of the anticipated positions is presented in the Mitigated Negative Declaration Document for the project. The hours of operation for the proposed project is 24-hours a day, though the primary hours of on-site operations will be Monday through Friday, 8:00 AM to 5:00 PM. The facility will be closed to the public at all times. Non-employees such as vendors, delivery persons, and maintenance personnel, will only be allowed to enter the facility with a permitted escort.
The proposed project requires approval of a Conditional Use Permit (CUP) to establish the commercial cannabis adult and medical use cultivation, manufacturing and distribution within the Manufacturing 718
CUP 21-16, LDP 21-14
January 19, 2022
3 Industrial (MI) Zoning District and a Location and Development Plan (LDP) for the design and layout of the proposed project.
CONSTRUCTION PHASING:
The project is proposed to be constructed in Four (4) Phases and is anticipated to take approximately 12 months to complete as outlined in Table 1 below:
Table 1: Construction Phasing
PHASES IMPROVEMENTS TIMING
(YEAR)
Phase I –
Grading
Rough grading ready for the first phase building and
infrastructure improvements;
2022
Phase II –
Site Preparation
• Site Work and improvements such as footings, utility lines, and other underground infrastructure;
2022
Phase III –
Building Construction
• Six new buildings constructed
• Internal access, on-site paving, trash enclosure, loading, landscaping, and improvements for the six buildings;
2022
Phase IV –
Paving and Finishing
• Required access & 58 parking spaces including 6 ADA & EV spaces.
2022
As shown in the Table 1 above, the first phase will commence in the spring of 2022 and the second, third and fourth and final phase later in 2022. None of the phases will overlap or occur concurrently.
The key construction elements for each of the four phases are outlined about and further summarized below.
● Grading. The portion of the project site that would be developed during the particular phase would be graded and readied for the construction. The site would undergo rough grading. This phase would require approximately one month to complete. ● Site Preparation. During this phase, the building footings, utility lines, and other underground infrastructure would be installed. This element would require approximately one month to complete.
● Building Construction. The six new buildings would be constructed during this phase. This phase would take approximately six months to complete.
● Paving and Finishing. This concluding phase would involve the paving and finishing. The completion of the paving and finishing of the buildings and the site would take approximately one month to complete.
PROJECT ANALYSIS:
GENERAL PLAN (2035 SUSTAINABLE PLAN) AND ZONING CONSISTENCY The Project Site is within the Manufacturing Industrial (MI) Zoning District and the cannabis uses are permitted in this zoning district with a CUP. The project will expand the necessary MI uses contemplated 719
CUP 21-16, LDP 21-14
January 19, 2022
4 by the City’s Adelanto North 2035 Sustainable Plan. As such, the proposed project is consistent with the Adelanto North 2035 Sustainable Plan. More specifically, the project implements Chapter 3 (Economic Development) by providing for job creation, infrastructure expansion and revenue generation.
As conditioned, the project is also consistent with the surrounding zoning land uses. The project is in compliance with the applicable MI development and design standards, policies and guidelines outlined in the City’s Zoning Code. As such, the proposed project is consistent with the City’s Adelanto North 2035 Sustainable Plan.
DEVELOPMENT STANDARDS
The proposed project is subject to the development standards of the MI district, which allows for a variety of industrial uses, including the proposed cannabis uses with approval of a Conditional Use Permit. Table 2 below outlines the development standards for the MI zoning district and demonstrates that the project meets or exceeds all standards.
As shown in Table 2 above, the proposed project meets or exceeds the development standards established for the MI Zoning District.
PARKING, LOADING
The proposed project must comply with the Parking and Loading Standards of the Chapter 17.65 of the Adelanto Municipal Code (AMC), which requires all MIzoned developments to provide off-street parking and loading facilities as well as handicap parking and electric vehicle charging spaces.
Table 3 below provides a summary of the type and required number of parking stalls provided compared to the number of stalls provided.
Table 2: MI Development Standards
Development
Standards
Required Provided Complies?
Minimum Lot Size 20,000 SF 132,007 SF Yes
Minimum Lot Width 100’ 212’ Yes
Minimum Lot Depth 100’ 620’ Yes
Minimum Front Setback
• To Building
• To Parking Area
25’
10’
25’
10’
Yes
Minimum Side & Rear Yard
Setback
• To Building
• To Parking
25’
10’
25’
10’
Yes
Maximum Building Height 60’ max 29’ Yes
Outdoor Uses and Storage shall Located behind the building or screened from public rights-of-way by a minimum
8’ high solid wall/fence
None Yes
Landscaping Required 5% of the project area & 10% of parking areas
26% Yes
720
CUP 21-16, LDP 21-14
January 19, 2022
5 Table 3: Parking & Loading Requirements
Uses SF of Use Regular Space
Code Ratio
Spaces Required Spaces Provided TOTAL
Spaces
Provided
Complies
Regular ADA Regular ADA
6 Industrial
Buildings for
Commercial
Cannabis
97,428 1/1,000 SF for
1 st 20,000 SF
1/2,000 SF for
20,000-
40,000SF
1/4,000 SF for
over 40,000SF,
Plus 1/300 for
office space
52 6 52 6 58 Yes
TOTALS 97,428 - 52 6 52 6 58 Yes
The proposed project’s parking demand will be met by a total of 52 parking spaces and 6 ADA spaces.
In addition, Clean Air Vehicle, Electric Vehicle Charging Stations (EVCS) and bicycle parking will be provided as well as 6 loading areas (12’x45’) and 2 loading areas ( 12’x 20’). The proposed parking and loading areas will be concrete and paved per AMC requirements.
FENCING/SCREENING, SECURITY
Security for the site includes several components, such as building and parking lot lighting, full-time security personnel, which will patrol the site 24hrs per day, 7 days a week; security cameras, gated entries and detailed background checks of employees. The facility will be closed to the public at all times.
Non-employees will only be allowed to enter the facility with a permitted escort. The site will be secured with 8’ tall, chain link fencing with slats and electric security gates.
SITE ACCESS/CIRCULATION/TRAFFIC
The proposed project site is a relatively flat, rectangular-shaped property of approximately 3.03-acres located at the west side of Koala Road midway between Rancho Road and Violet Road. The property is currently vacant and undeveloped.
Access to the project site is proposed to be provided by a driveway connection with the west side of Koala Road. The driveway at Koala Road would have a width of 26 feet. The internal drive aisles would separate the six buildings and the width of these drive aisles would be 26 feet. The applicant is required to construct and complete all street improvements per phase prior to issuance of building permits, or as directed by the City Engineer. All buildings in all construction phases must have two paved points of access and all terminating paved accesses must have proper standard fire turn-around of not be longer than 150 feet.
Traffic Trip generation estimates were developed for the project by using nationally recognized and recommended rates found in the 9th edition “Trip Generation Manual” published by the Institute of Transportation Engineers (ITE) that are appropriate for the proposed use. The total trip generation assumed 200 trip ends (100 round trips) per day for the employees and 4 trip ends (2 round trips) per day for the vendors. A maximum of 204 new trip ends per day are anticipated 721
CUP 21-16, LDP 21-14
January 19, 2022
6 for the proposed project. The analysis of potential impacts related to traffic and circulation indicated that no significant adverse impacts would result from the proposed project’s approval and subsequent implementation. As a result, no mitigation measures are required.
OFF-SITE STREET IMPROVEMENTS
As per the conditions of approval detailed by the City Engineer, the Project applicant will also be responsible for dedicating right-of-way and constructing various off-site improvements as well as utility tie-ins, etc., as well as payment of relevant Development Impact Fees (DIF). More Specifically, the applicant is required to provide:
1. Offsite street improvements are as follows:
a. Koala Road shall be constructed to half-width of 40 feet wide, centerline to curb, consisting of a minimum of 4 inches of asphalt concrete over 6 inches of Class 2 base material, or per “R” value test for a Traffic Index of 11.0, whichever is greater, 8" concrete curb and gutters, per City Standard 109 Type C.
2. Offsite street dedications are as follows:
a. Dedication for street and utility purposes to provide for Major Arterial half-width of 50 feet for the west half of Koala Road along the east boundary of the site.
ARCHITECTURE OF BUILDINGS
Each of the six buildings will provide the same modern architectural design with medium gray corrugated metal panels, light blue corrugated metal accent bands and light blue galvanized metal coping along the edge of the flat roof, light blue channel overhangs, doors and window frames. The buildings will contain metal facades, with flat rooflines accented with light blue accent bands to create a base, body and cap, which meets the intent of design guidelines outlined in Section 17.15 of the AMC for Industrial buildings.
The building will improve the visual appearance of the area, which will help to strengthen the local economy and enhance the quality of life for Adelanto residents.
HYDROLOGY & WATER QUALITY
According to the Federal Emergency Management Agency (FEMA) flood insurance maps obtained for the City of Adelanto, the proposed project site is located in Zone X, which is not located within a 100- year flood plain. The project isrequired to conform to Section 17.93.060 – Runoff Control of the Adelanto Municipal Code. In addition,stormwater discharges from construction activities that disturb one or more acres, or smaller sites disturbing less than one acre that are part of a common plan of development or sale, are regulated under the National Pollutant Discharge Elimination System (NPDES) storm-water permitting program. Prior to start of construction, construction operators must obtain coverage under a NPDES permit, which is administered by the State.
AIR QUALITY
The Project site is located within the Mojave Desert Air Basin (MDAB), which is under the jurisdiction of the Mojave Desert Air Quality Management District. The Mojave Desert Air Quality Management District 722
CUP 21-16, LDP 21-14
January 19, 2022
7 (MDAQMD) has established quantitative thresholds for short-term (construction) emissions and longterm (operational) emissions for the criteria pollutants. The proposed project does not present a significant adverse environmental impact per the Initial Study and Mitigated Negative Declaration prepared for the project. The applicant will be required to obtain any required permits from the Mojave Desert AQMD prior to any construction activities on the project site.
ENVIRONMENTAL CONSIDERATIONS
An Initial Study (IS) was prepared for the project in accordance with the City’s guidelines, which implements the California Environmental Quality Act (CEQA). The IS was undertaken for the purpose of determining whether the project may have a significant effect on the environment. On the basis of the IS, staff concluded that the project’s potential significant impacts could be avoided or mitigated to a point where there are clearly no significant effects on the environment through mitigation measures, revisions to the site design, conditions of approval and the application of the City’s zoning ordinance standards and criteria and that there is no substantial evidence in light of the whole record that the project, as revised may have a significant effect on the environment. As such, a Mitigated Negative Declaration (MND) was prepared with a Mitigation Monitoring and Reporting Program (MMRP) that will be implemented for the proposed project.
Pursuant to §15703 (a) of CEQA, the IS/ MND was circulated for a 30-day period between October 26, 2021, through November 26, 2021 to Responsible Agencies, and interested parties for review and comment and comments were received from: the San Manuel Tribe, Cal Cannabis, the Southwest Regional Council of Carpenters and CDFW, which have now been included as mitigation measures in a Revised IS/MND dated January 7, 2022 and sent to Responsible Agencies for a 10 day courtesy review.
During the draft IS/MND review period, the Draft IS/MND was available for public review at the Development Services public counter and posted on the City’s website. All potential effects of the proposed project have been reduced to less than significant levels with the implementation of mitigation measures.
Therefore, a final Mitigated Negative Declaration has been prepared.
A separate public hearing notice was published and sent to property owners within 300 feet of the project site for the December 1, 2021 Planning Commission meeting. The Public Hearing was continued to the December 15, 2021 Planning Commission Public Hearing and again to the January 19, 2022 Planning Commission Public Hearing to allow time to respond to the three letters that were received on the project as noted above.
ATTACHMENTS:
Attachment A: Resolution P-21-22
Attachment B: Conditions of Approval Planning
Attachment C: Conditions of Approval Engineering
Attachment D: Zoning and Location Map
Attachment E: Floor Plans, roof plans, elevations and section Attachment F: Site Plan and Engineering Entitlement set The project MND/MMRP, Initial Study - and Associated Studies are on File at the Planning Department and on the City’s website at: https://www.ci.adelanto.ca.us/377/CEQA-Process-Policy 723
RESOLUTION
NO. P-21-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ADELANTO, SAN BERNARDINO COUNTY, CALIFORNIA, ADOPTING
THE MITIGATED NEGATIVE DECLARATION AND APPROVING
CONDITIONAL USE PERMIT 21-16 TO ESTABLISH COMMERCIAL
MEDICAL AND ADULT-USE CANNABIS CULTIVATION,
MANUFACTURING AND DISTRIBUTION AND ANCILLARY OFFICE
USES AND LOCATION AND DEVELOPMENT PLAN 21-14 TO
CONSTRUCT SIX (6), TWO-STORY BUILDINGS, TOTALING 97,428 SF IN FOUR (4) PHASES ON A 3.03-ACRE SITE LOCATED AT THE WEST
SIDE OF KOALA ROAD MIDWAY BETWEEN RANCHO ROAD AND
VIOLET ROAD IN THE MANUFACTURING INDUSTRIAL (MI) ZONING DISTRICT IN THE CITY OF ADELANTO, CALIFORNIA (APN: 3120-631- 14)
WHEREAS, the applicant, Mary Ma has proposed to establish commercial medical and adult use cannabis cultivation, manufacturing and distribution and ancillary uses and to construct six (6) two-story buildings, totaling 97,428 SF in four (4) phases on a 3.03-acre site located at the west side of Koala Road midway between Rancho Road and Violet Road in the Manufacturing Industrial (MI) zoning district in the City of Adelanto, California (APN: 3120-631-14) within the City of Adelanto, County of San Bernardino; and
WHEREAS, the applicant has consented to all conditions of approval; and WHEREAS, a duly noticed public hearing was held by the Adelanto Planning Commission on December 1, 2021. The Public Hearing was continued to the December 15, 2021 Planning Commission and again to the January 19, 2022 Planning Commission Public Hearing to hear and consider testimony for or against the proposed project; and WHEREAS, the City of Adelanto, as lead agency, determined that a Mitigated Negative Declaration and a Mitigating Measure and Reporting Program for the proposed project should be prepared for adoption pursuant to Sections 20192 of the California Public Resources Code and 15072 of the California Environmental Quality Act, Guidelines; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission as follows:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The Planning Commission has reviewed and considered the environmental information included in the staff report prior to acting on proposed Conditional Use Permit 21-16 and Location and Development Plan 21-14. The Planning Commission further finds and determines that the City has complied with the California Environmental Quality Act and the Planning Commission determinations reflect the independent judgment of the Planning Commission.
SECTION 3. The Planning Commission hereby finds and determines that:
Conditional Use Permit 21-16
(a) That the proposed Conditional Use Permit is consistent with the General Plan; The project is consistent with the General Plan as the site is designated Manufacturing Industrial (MI), which is consistent with Appendix A of Title 17 of the 724
Zoning Code which allows Cannabis uses with approval of a Location and Development Plan and Conditional Use Permit.
(b) That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; Surrounding properties to the north, east, south and west are all currently zoned for MI uses, which permits similar compatible uses and as such, the project would not adversely affect these surrounding properties.
(c) That the site for the proposed use is of adequate size and shape to accommodate the use and buildings proposed;
The project site is 3.03 acres and is far larger than the minimum required 20,000 square feet parcel size required in this zoning district and further provides for sufficient width and depths and required setbacks for the proposed buildings. (d) That the proposed use complies with all applicable development standards of the Zoning district; and
The proposed project has been designed and conditioned to meet all applicable City zoning and development standards.
(e) That the proposed use observes the spirit and intent of this Zoning Code.
The proposed project meets the requirements of the Zoning Code. However, to ensure all Code requirements are met, conditions of approval has been added reflecting these requirements.
Location and Development Plan 21-14
(a) That the proposed Location and Development Plan is consistent with the General Plan;
The project is consistent with the General Plan as the site is designated Manufacturing Industrial (MI), which is consistent with Title 17 of the Zoning Code, which allows for the proposed uses in the MI zoning district with an approved Location and Development Plan.
(b) That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; The nature, condition and development of adjacent uses, buildings and structures have been considered and the use will not adversely affect or be detrimental to these uses, building or structures, as surrounding properties to the north, south, east and west are all currently zoned for MI uses, which permits similar compatible uses and as such, the project would not adversely affect these surrounding properties.
725
RESOLUTION NO. P-21-22
January 19, 2022
ATTACHMENT A
residential and other uses, and as conditioned, the project is not expected to adversely affect properties to the north.
(c) That the site for the proposed use is of adequate size and shape to accommodate the use and buildings proposed;
The overall site is approximately 3.03-acres in size, which exceeds the minimum 20,000 square feet required in the MI zoning district and is of adequate size and shape to accommodate the use and proposed building and improvements. (d)
That the proposed use complies with all applicable development standards of the zoning district;
The proposed project has been designed and conditioned to meet all applicable City zoning and development standards for the Manufacturing Industrial zoning district.
(e)
That the proposed use observes the spirit and intent of this Zoning Code.
The proposed project meets the requirements of the Zoning Code. In addition, to ensure all Code requirements are met, conditions of approval has been added requiring that the project meet code requirements.
ATTACHMENTS:
Attachment B: Conditions of Approval CUP 21-16 & LDP 21-14 PASSED, APPROVED AND ADOPTED by the Planning Commission this 19 th day of January
19, 2022
.
Chris Waggener
Chairman of the Planning Commission
Nyeka Allen
Secretary to the Planning Commission
726
RESOLUTION NO. P-21-22
January 19, 2022
I, Nyeka Allen, Planning Secretary for the Planning Commission of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. P-21-22 was duly and regularly adopted at a regular meeting of the Planning Commission of the City of Adelanto on the 19 th
day of January 2022 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 19
h day of January, 2022.
Nyeka Allen
Secretary to the Planning Commission
727
Project: CUP 21-16 / LDP 21-14
Date: January 19, 2022
ATTACHMENT B
Conditions of Approval
Conditional Use Permit 21-16 and Location and Development Plan 21-14 – Mary Ma January 19, 2022 Planning Commission
Project:- Conditional Use Permit 21-16 and Location and Development Plan 21-14- Proposal to establish commercial medical and adult use cannabis cultivation and related ancillary office and storage uses and to construct six (6) two story, 16,238 SF buildings, totaling 97,428 SF on a 3.03-acre site located at the West side of Koala Road midway between Rancho Road and Violet Road in the Manufacturing Industrial (MI) zoning district in the City of Adelanto, California (APN: 3210-631- 14).
Applicant: Mary Ma, 5030 Encinita Ave,Temple City, CA 91780
PLANNING DEPARTMENT
General Conditions:
1. Approval Period. Approval of this project will become valid only after a signed copy of the City’s approval letter is received by the Planning Department acknowledging acceptance of all conditions of approval. If not received within 10 working days after approval action, this approval will be null and void.
This approval shall be used within two (2) years of the approval date of this project; by January 19, 2024, otherwise, it shall become null and void and of no effect whatsoever.
Use means the beginning of the substantial construction under this approval within the two (2) year period which is thereafter diligently pursued to completion and in the event the use hereby permitted ceases operation for a period of one (1) year or more, this approval shall become null and void.
2. Modification to Plans. Subsequent modifications of this approval, which do not intensify the use, including but not limited to reorientation of structures, alteration of parking and circulation design, minor changes to the Conditions of Approval, interpretations of the Conditions of Approval relative to intent, necessity of, and timing, may be approved by the Community Development Director, unless the Director requires a Substantial Conformance or Revised Permit application in accordance with the City’s Development Code.
3. Construction Phasing.
The project is proposed to be constructed in Four (4) Phases and is anticipated to take approximately 9 months to complete as outlined in Table 1 below:
Table 1: Construction Phasing
PHASES IMPROVEMENTS TIMING
(YEAR)
728
Project: CUP 21-16 / LDP 21-14
Date: January 19, 2022
Phase I –
Grading
Rough grading ready for the first phase building and
infrastructure improvements;
2022
Phase II –
Site Preparation
• Site Work and improvements such as footings, utility lines, and other underground infrastructure;
2022
Phase III –
Building Construction
• Six new buildings constructed
• Internal access, on-site paving, trash enclosure, loading, landscaping, and improvements for the six buildings;
2022
Phase IV –
Paving and Finishing
• Required access & 58 parking spaces including 6 ADA & EV spaces.
2022
4. Indemnification of the City.
(a). Applicant shall defend and indemnify the City, its agents, and hold harmless the City of Adelanto, its agents, officers, and employees from any liability or proceeding to attack, set aside, void or annual the Project or any act or determination related to City’s approval of the Project. Applicant’s obligations under this Agreement shall include, without limitation, payment of all court costs and attorney fees, all litigation-related costs, all judgments and awards against the City, and all settlement costs. (b) The City shall notify the Applicant promptly of any claim, action or proceeding and reasonably cooperate in the defense. Upon receiving such notification, Applicant shall assume the defense of the claim, action, or proceeding, including the employment of counsel satisfactory to City, which approval shall not be unreasonably withheld. In the event of a disagreement between the City and Applicant over litigation issues, City shall have authority to control the litigation and make litigation decisions, including but not limited to, settlement or other disposition of the matter. City’s participation in the defense of any such action shall not relieve the Applicant of any obligation imposed by this condition. If City determines that having common counsel would create a conflict of interest, or if Applicant fails to promptly assume the defense or to promptly employ counsel satisfactory to City, then City may hire counsel for its own defense, and Applicant shall pay the reasonable attorney fees and costs of such counsel within 30 days after receiving itemized invoices. Applicant shall also pay for all costs and fees related to any additional investigation or study, or for supplementing or revising any document, including, without limitation, environmental documents.
5. Fees. All fees and charges the City has or intends to adopt that are due at the time of utility connection or when building permit(s) is/are issued shall be paid for the Developed Area, as required by the City.
6. Outstanding Costs. Any fees due to the City of Adelanto for processing this project shall be paid to the City within 30 calendar days of final action. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted by this action. No permits, site work, or other actions authorized by this entitlement shall be permitted, authorized or commenced until all outstanding fees are paid to the City.
7. CEQA/Fish and Game Fees. The applicant/owner shall file a Notice of Determination with San Bernardino County and pay related County fee for such within five (5) days after the effective date of conditional approval. The applicant should be aware that Section 21089(b) of the Public Resources Code provides that any project approved under CEQA is not operative, vested or final until the required fee is paid. Proof of filing is required prior to issuance of any permits.
729
Project: CUP 21-16 / LDP 21-14
Date: January 19, 2022
8. Mitigation Monitoring Reporting Program for CUP 21-16 & LDP 21-14. The project shall incorporate mitigation measures specified in the adopted IS/MND that would avoid or mitigate effects to point where clearly no significant environmental impacts on the environment would occur.
9. Architectural Design. The proposed architectural design shall be consistent with the design standards provided in the Adelanto General Plan and Industrial Design Guidelines, as shown on the revised site plan package presented to the Planning Commission.
10. City Codes. The project shall comply with all disabled access requirements of the Americans with Disabilities Act and Title 24 of the State Code, and all local requirements of the City of Adelanto Municipal Code, including Title 17 (Zoning Code), especially the following Manufacturing/Industrial zoning district regulations, approved site plan package, stamped 3.18.20, presented to the Planning Commission.
11. Maintenance Responsibility. The maintenance of graded slopes and landscaped areas shall be the responsibility of the developer until the transfer to an approved maintenance authority. Grading permits shall not be issued for any areas to be graded and remain undeveloped for an extended period (i.e. for subsequent phases of a development) until a re-vegetation plan is approved by the Planning Department, and until bonds are posted for re-vegetation, or erosion control program for wind erosion.
12. Plans. Plan submittals shall be prepared and signed by a California Licensed Architect or Engineer per State of California, Business and Professions Code. All plans shall bedrawn to a standard scale.
13. Development Restrictions. The physical development of the site shall be reviewed and approved by the City. Any use, activity, and/or development occurring on the site without appropriate City approvals shall constitute a code violation and shall be treated as such.
Placement of any construction trailer or storage of construction materials shall require separate review and approval by the City.
14. Trash Enclosures. All required trash receptacles proposed for the site shall be enclosed by a six (6) foot high solid masonry wall with solid, view-obstructing gates. A pedestrian entrance shall be provided into each trash enclosure.
15. Approved Uses. All new uses within the property boundaries shall be reviewed and approved by the Planning Department. Should the developer propose a more intensive use requiring additional parking spaces, additional employees, more restroom facilities, significant change from original conceptual landscaping plans, etc., the proposed use shall be presented for review by the Planning Department for compliance with the original approval. The new proposed use may be subject, but not limited to: A Modification to Location and Development Plan application, a new Location and Development Plan Application, and/or a Utility Feasibility Study application.
16. Required Approvals. The developer shall obtain the following clearances or approvals:
a. Verification from the Planning Department that all pertinent conditions of approval have been met, including any administrative development plan review approvals, as mandated by the Adelanto Municipal Code.
b. Building and Safety Department
c. Engineering Department/Public Works
730
Project: CUP 21-16 / LDP 21-14
Date: January 19, 2022
d. San Bernardino County Fire Department
e. Mojave Desert AQMD
f. Department of Fish and Wildlife Incidental Take Permit prior to any site disturbance. g. Any other required approval from an outside agency.
Prior to Issuance of Grading Permits:
17. Grading Plans. Grading plans shall be reviewed and approved by the Planning Department for compliance with the approved Development Plan prior to the issuance of a grading permit.
18. Joshua Trees. The applicant shall obtain an Incidental Take Permit from the State Department of Fish and Wildlife prior to any site disturbance and construction per the requirements of the City Development Code, the State Fish & Wildlife regulations commencing January 2021 and California Desert Native Plant Act.
19. Proof of Mitigation. Prior to the issuance of grading permits, the developer shall submit written proof, satisfactory to the Development Services Director, that the Mitigation Measures outlined in the Mitigation Monitoring and Reporting Program as part of the project Mitigated Negative Declaration have been completed.
20. Signed Approval Letter. A signed copy of the City’s approval letter shall be on file with the Planning Department. If ownership of the property or the developer of the property has changed since the original approval, a new copy of the City approval letter shall be signed by the current development parties.
21. Conditions of Approval. The conditions of approval for Location and Development Plan 21-14 and Conditional Use Permit 21-16 shall be included on the construction plans and submittal to the Building and Safety Department for Plan Check.
22. Approved Site Plan. The site plan presented to the Planning Commission and stamped approved by the Planning Division shall be included on the construction plans submitted to the Building and Safety Department for Plan Check
Prior to Issuance of Building Permits:
23. Development Impact Fees. The City of Adelanto has implemented development impact fees for various infrastructure and capital facilities needs generated by new development.
These fees will provide for various capital facilities including, but not limited to, roads, parks, flood control and drainage, public facilities, and fire fighting facilities. This project shall be subject to all such existing and future development impact fees, which are in effect at the time building permits are issued.
24. Assessment Districts. Prior to the issuance of building permits, this project shall annex into Assessment Districts for the maintenance of Street Lighting, public landscaping and street sweeping, and the applicant hereby agrees to waive the right to protest the formation of said districts.
25. Building Plans. Building plans shall be reviewed and approved the Planning Department 731
Project: CUP 21-16 / LDP 21-14
Date: January 19, 2022
for conformance to the Conditions of Approval and the approved Development Plan prior to issuance of a building permit.
26. Water Quality. The applicant shall submit to the City Engineer for approval, a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The Water Quality Management Plan shall identify the structural and non-structural measures consistent with the City’s adopted requirements.
27. Equipment Screening. All mechanical equipment and vents, ground or rooftop shall be screened from public view. Roof gutters and downspouts are not permitted on the exterior of the building unless integrated into the architecture of the building. In addition, all screening shall be an integral part of the building, details of which shall be provided to the Planning Department for review and approval. Any proposed change shall be reviewed and approved by the Planning Department.
28. Signage. Proposed signs for this development shall require a separate application approval by the Planning Department prior to installation. Furthermore, all signs proposed for this development shall remain in full compliance with all City sign regulations at all times.
29. Utility Lines. All proposed utility lines shall be placed underground.
30. Landscaping. The developer shall submit three (3) copies of construction level Landscape and Irrigation Plans to the Planning Department, accompanied by the appropriate filing fee.
The plans shall be prepared by a registered landscape architect and include the location, number, genus, species, and container size of the plants. The cover page shall identify the total square footage of the landscaped area and note how it is to be maintained. Use of water efficient fixtures and drought tolerant plants is required. Landscaping shall consist of native or drought-tolerant plants capable of surviving the desert environment and climate with a minimum of maintenance and supplemental watering. A list of plants determined capable of meeting this criterion is contained in Section 17.60.080 . a. All landscaping and irrigation systems shall follow Section 17.60 of the Adelanto Municipal Code. Plans will be reviewed and approved by the Planning Department. b. A minimum of 10% of the project site shall be landscaped, exclusive of areas within the public right-of-way as per the conceptual landscape plans presented to the Planning Commission and shall be in compliance with Table 30-1 in Chapter 17.30 (Light Manufacturing District) of the Municipal Code.
c. The developer shall be responsible for planting landscaping in compliance with Section 17.60 of the Adelanto Municipal Code, entitled “Water Conservation/Landscaping Ordinance”, including but not limited to native droughttolerant plants and efficient irrigation systems. Species shall follow Section
17.60.80. 31. Parking. The entire project shall provide a minimum of 58 parking spaces, including ADA spaces. In addition, EVCS, Clean Air spaces loading and bicycle parking will be provided. All parking spaces and access areas shall meet the City’s requirements.
32. Signed Approval Letter. A signed copy of the City’s approval letter shall be on file with the Planning Department. If ownership of the property or the developer of the property has changed since the original approval or issuance of grading permits, a new copy of the City approval letter shall be signed by the current development parties. 732
Project: CUP 21-16 / LDP 21-14
Date: January 19, 2022
DURING CONSTRUCTION:
33. Approved Plans. All construction shall be per building permits issued by the Building Department and UBC Standards, and dust control shall be exercised at all times during construction.
34. Dust Control. The applicant shall apply water to the disturbed portions of the project site at least two times per day. On days where wind speeds are sufficient to transport fugitive dust beyond the working area boundary, the applicant shall increase watering to the point that fugitive dust no longer leaves the property (typically a moisture content of 10%), and/or the applicant shall terminate grading and loading operations.
35. Construction Practices. To reduce potential noise and air quality nuisances, the following items shall be listed as “General Notes” on the construction drawings:
a. Construction activity and equipment maintenance is limited to the hours between 7:00 a.m. and dusk on weekdays. Construction may not occur on weekends or State holidays, without prior consent of the Building Official. Non-noise generating activities (e.g. interior painting) are not subject to these restrictions. b. Stationary construction equipment that generates noise in excess of 65 dBA at the project boundaries must be shielded and located at least 100 feet from occupied residences. The equipment area with appropriate acoustic shielding shall be designated on building and grading plans. Equipment and shielding shall remainin the designated location throughout construction activities. c. Construction routes are limited to City of Adelanto designated truck routes. d. Water trucks or sprinkler systems shall be used during clearing, grading, earth moving, excavation, or transportation of cut or fill materials to prevent dust from leaving the site and to create a crust after each day’s activities cease. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. e. A person or persons shall be designated to monitor the dust control program and to order increased watering as necessary to prevent transport of dust off-site. The name and telephone number of such person(s) shall be provided to the City. f. All grading equipment shall be kept in good working order per factory specifications. g. The contractor shall provide verification that all construction equipment is inproper tune per the manufacturer’s recommendation.
h. Roll off trash bins and chemical toilets for construction workers shall be required on all construction sites and temporary fencing provided around the construction sites and/or a row of temporary fencing provided at such location as to prevent any building materials from blowing off of the construction site. i. During those periods when grading is being conducted, the contractor shall inspect the adjacent paved roadways at least two times per week, and shall sweep the street if visible dirt or dust, attributable to the project, can be seen on the roadway.
36. Archeological Resources. If prehistoric or historic resources over 50 years of age are encountered during land modification, then activities in the immediate area of the finds shall 733
Project: CUP 21-16 / LDP 21-14
Date: January 19, 2022
be halted so that an archaeologist can assess the find, determine its significance, and make recommendations for appropriate mitigation measures. A historical resources management report shall be submitted by the professional to document the monitoring, to evaluate resource significance and integrity, and if necessary, to evaluate project impacts and propose mitigation measures to mitigate potential adverse impacts. If archeological resources are encountered during grading, ground disturbance activities shall cease so a qualified archeological monitor can evaluate the resources. If discovered resources merit long-term consideration, adequate funding shall be provided to collect, curate and report their resources in accordance with standard archaeological management requirements. If the City finds that a developer encounters cultural resources and fails to notify the Planning Department, the City will place those responsible for the destruction of historic and archaeologically significant resources on file with the County of San Bernardino and the State of California, Office of Historic Preservation.
37. Paleontological Resources. If paleontological resources are encountered during grading, ground disturbance activities shall cease so a qualified paleontological monitor can evaluate any paleontological resources exposed during the grading activity. If paleontological resources are encountered, adequate funding shall be provided to collect, curate and report on these resources to ensure the values inherent in the resources are adequately characterized and preserved. Collected specimens will be sent to the Earth Sciences Division of the San Bernardino County Museum.
38. Human Remains. If human remains are encountered on the property, then the San Bernardino County Coroner's Office MUST be contacted within 24 hours of the find, and all work halted until a clearance is given by that office and any other involved agencies.
Contact the County Coroner at either 1) 15329 Bonanza Road, Unit 8, Victorville, CA 92392 or (760) 955-8535; or 2) 175 South Lena Road, San Bernardino, CA 92415-0037 or (909) 387-2978.
39. Abandoned Wells. Any abandoned wells on the property or similar structures that might result in groundwater contamination shall be destroyed in a manner approved by the City and San Bernardino County Environmental Health Department.
Prior to Certificate of Occupancy:
40. Landscaping and Irrigation. Landscaping and irrigation shall be consistent with the approved Landscape Plan for the project. The variety of tree to be provided is subject to approval of Planning and Public Works Departments and the trees are to be maintained by the property owner. The Developer shall be responsible for planting landscaping in compliance with Section 17.60 of the Adelanto Municipal Code, entitled “Water Conservation/Landscaping Ordinance”, including but not limited to native drought-tolerant plants and efficient irrigation systems. Species shall be in compliance with Section 17.60.80.
Perimeter landscaping pertains to Cassia and Raccoon only and onsite employee parking and building area.
41. Fencing/Walls/Screening. All walls and fences shall be constructed as shown on approved site plan package and 8’ tall chain link perimeter fence with slats and electric vehicle entry gates.
CONSERVATION
42. Mandatory Organic Recycling in accordance with AB 1826. Contact Burrtec – Robert Rios ([email protected]) for recycling information.
43. “Saving by Design” Southern California Edison Energy Efficiency – Contact Maya Aubrey 734
Project: CUP 21-16 / LDP 21-14
Date: January 19, 2022
[email protected] for electrical efficiency information.
44. For water conservation, use Hydroponics or other low water use irrigation systems. Water should be recycled as much as possible.
ENGINEERING/PUBLIC WORKS DEPARTMENT/BUILDING & SAFETY
45. The project shall meet all Engineering/Public Works and Building & Safety conditions of approval.
SAN BERNARDINO COUNTY FIRE DEPARTMENT
46. All conditions of approval specified by the San Bernardino County Fire Department shall be met.
MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT (MDAQMD)
47. All conditions and requirements specified by the MDAQMD. 735
Project: CUP 21-16 / LDP 21-14
Date: January 19, 2022
ATTACHMENT C
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ENGINEERING DEPARTMENT
General Recordation Conditions:
1. Approval of this project in no manner obligates the City of Adelanto to extend water service, or sewer service, or improve streets, or extend any other infrastructure to service this development.
2. Should Mello-Roos, or Community Facilities Districts, or Community Service Districts, or Assessment Districts, or other special financing districts be formed to provide for City Infrastructure or City Services, this project shall annex into the districts and pay all fees associated with annexation into the districts, and the applicant shall agree to waive the right to protest the formation of said districts.
3. Prior to the approval of any improvement plans and the commencement of any construction associated with the development, the Developer shall be responsible for obtaining all necessary dedications of rights-of-way for offsite infrastructure improvements, right-of-entry for offsite grading, and easements for ingress, egress, drainage, utilities and other legal requirements for impacts associated with the development of this project, as determined and directed by the City Engineer. If the Developer cannot acquire a property interest in property required for off-site improvements, Government Code § 66462.5 shall apply and the City retains the right to:
a. Require the Developer to enter into an agreement to complete the improvements pursuant to Government Code § 66462 at such time as the City acquires an interest in the land that will permit the improvement to be made;
b. Require the Developer to pay the cost of acquiring the offsite real property interests required in connection with the subdivision.
4. The design of all public infrastructure elements shall conform to the requirements of the City General Plan and the current edition of the City’s standard specifications for construction, and any alterations required and approved by the Public Works Department and Engineering Department staff.
5. The following plans and reports shall be prepared by a California licensed civil engineer prior to any site development or disturbance of the natural vegetation of the site. All required plans shall be drawn in ink at an appropriate scale on Mylar sheets, for approval by the City Engineer.
Improvement plans for all of the conditioned improvements shall be submitted to the City and reviewed and approved by the City Engineer. All of the conditioned improvement plans shall be approved by the City Engineer concurrently for review.
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Project: CUP 21-16 / LDP 21-14
Date: January 19, 2022
ATTACHMENT C
2T:\AGENDA ITEMS\PLANNING AGENDA ITEMS\2022\January 19, 2022\CUP 21-16\Jan 19, 2022 PC PUB HRG\ATTACHMENT C Engi Plans Required:
NOTE: All engineering plans submitted for plan check shall include the above CUP/LDP numbers for reference.
a. Street Improvement Plan/Profile per Caltrans requirements, plus Title/Index, Striping and Detail Sheets.
b. Street Lighting Plan 1” = 40’. This could be shown as part of the street improvement plan.
c. Precise Grading Plan 1" = 20', A grading plan conforming to the requirements of the Uniform Building Code, appendix 33 1997 edition, shall be prepared and submitted to the City Engineer for approval.
Erosion control plan shall be included with the grading plan submittal. d. Onsite Underground Utility Plan at 1" = 40’ showing the location of all undergrounded utilities including sewers, water, storm drain, gas, electric, telephone, and data and cable television lines. This plan shall be shown schematically based on plans prepared by utility agencies to illustrate the location of any access valves, manholes and hand holes.
Reports Required:
a. Soils Report. A soils report as prepared by a California licensed geotechnical engineer skilled in soils/foundation investigations shall be submitted for review by the Engineering Department staff along with the first submittal of Street Plans and/or other improvement plans for review.
Within the required soils report special attention shall be directed to the rip ability of the proposed road cuts and stability of manufactured slopes.
The geotechnical engineer shall determine the setback requirements to support loading without failures in the soil mass and provide pavement recommendations.
b. Hydrology Report. A detailed drainage plan to the satisfaction of the City Engineer shall be prepared by a licensed Civil Engineer and submitted to the City for approval. The project must accommodate existing drainage flows that impact the project site and impact access to the project site and mitigate offsite drainage that impacts the project. The project must mitigate the increase onsite runoff from pre-development to postdevelopment flows. c. Water and sewer feasibility studies. See “Sewer Improvements” and “Water Improvements” below.
d. Industrial Pretreatment and Industrial Wastewater Discharge Permit Application. The Developer shall complete the discharge permit 737
Project: CUP 21-16 / LDP 21-14
Date: January 19, 2022
ATTACHMENT C
3T:\AGENDA ITEMS\PLANNING AGENDA ITEMS\2022\January 19, 2022\CUP 21-16\Jan 19, 2022 PC PUB HRG\ATTACHMENT C Engi application within 30 calendar days of CUP approval and include with plan check submittal.
e. A draft BMP maintenance agreement shall be included with the plan check submittal.
6. Proper Security Bonds at prevailing wage costs of the improvements shall be posted with the City for all the conditioned and required improvements that are to be publicly dedicated, including the setting of proper monumentation for the subdivision. Prior to issuance of any permits to construct any improvements, the developer shall enter into an improvement agreement to construct the project improvements per City approved plans and post securities with the City of Adelanto to guarantee completion of construction and payment of labor and materials and one-year warranty of the improvements. These securities shall be provided by the Developers and all assignees and successors to the City.
The following are the required security amounts and release procedure:
a. The developer shall at all times guarantee performance of this entitlement by furnishing to the City, and maintaining, good and sufficient Security as required by the City on forms approved by City for the purposes and in the amounts as follows:
i. To assure faithful performance of this entitlement in regard to said Improvements in an amount of 100% of the estimated cost of the Improvements; and
ii. To secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this entitlement in the additional amount of 100% of the estimated cost of the Improvements; and
iii. To guarantee or warranty the work done pursuant to this entitlement for a period of one year following Acceptance thereof by City against any defective work or labor done or defective materials furnished in the amount of 20% of the estimated cost of the Improvements.
b. Release of Security. Subject to approval by the City, the Security required by this entitlement shall be released as follows:
i. Security given for faithful performance of any act, obligation, work or agreement shall be released upon Acceptance of the
Improvements, subject to the provisions of subsection (b) hereof. ii. In accordance with the requirements of Government Code Section 64999.7, the City Engineer shall allow a partial release of faithful 738
Project: CUP 21-16 / LDP 21-14
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4T:\AGENDA ITEMS\PLANNING AGENDA ITEMS\2022\January 19, 2022\CUP 21-16\Jan 19, 2022 PC PUB HRG\ATTACHMENT C Engi performance Security pursuant to the following procedures. No partial release of Security for labor and materials shall be allowed.
1. Developer shall have one opportunity to engage in the process of pre-warranty partial release of performance
Security as described in this subsection (b) between the start of work and completion and acceptance of all work on the Improvements. The process allowing for a partial release of performance Security shall occur only when the cost estimate of the remaining work does not exceed
twenty percent (20%) of the total original performance
Security.
2. At such time that the Developer believes that the
obligation to perform the work for which the performance Security was required is complete, the Developer may
notify the City Engineer in writing of the completed work and request a warranty bond walk. This notice shall
include with such notification a written list of work
completed. Upon receipt of the written notice, the City Engineer shall have twenty (20) business days to review and comment or approve the completion of the required
work. If the City Engineer does not agree that all work has been completed in accordance with the plans and
specifications for the Improvements, he or she shall
supply to the Developer a list of all remaining work to be completed.
General Grading Conditions:
7. Prior to the Issuance of a Grading Permit the following must be completed. a. Native Vegetation Removal Permit & Joshua Tree Survey. Prior to the disturbance of any native indigenous plant life, a Joshua Tree Survey must be performed by a qualified consultant to determine the chances for successful relocation of existing plant life.
b. Grading Plan must be approved by the City Engineer prior to the issuance of the grading permit.
8. During grading operations the following must be observed:
a. All grading for the site shall be confined to the property limits unless the Developer first secures letters of permission to grade across property lines from any affected adjacent property owners.
b. Compaction Report. Any grading and/or utility excavations and backfilling, both on and off site, shall be done under the continuous direction of a licensed geotechnical engineer who shall obtain all required permits and submit progress reports and test results to the Engineering Department 739
Project: CUP 21-16 / LDP 21-14
Date: January 19, 2022
ATTACHMENT C
5T:\AGENDA ITEMS\PLANNING AGENDA ITEMS\2022\January 19, 2022\CUP 21-16\Jan 19, 2022 PC PUB HRG\ATTACHMENT C Engi staff for review and approval as determined by the City. Upon completion of all soils related work, the geotechnical engineer shall submit a final report to the Engineering Department staff for review and approval, which may require additional tests at the expense of the Developer. i. All soils within street improvements must be compacted to 90% and 95% within twelve inches of surface.
c. No un-bound or re-vegetated soil shall be left exposed to wind erosion. If construction operations have not begun within a short duration then the developer shall immediately provide proper soil erosion management techniques including chemical soil binding and re-vegetation of graded pads, or an equivalent technique approved by the Engineering Department staff.
General Construction Conditions:
9. The City of Adelanto shall be “added insured” on all insurance policies for construction of this project. Proof of insurance shall be provided prior to start of construction.
10. All monuments shall be referenced or reset in accordance with the Business and Professions Code.
11. All improvements shown on the approved plans, as required by the City Engineer, shall be constructed prior to occupancy of any dwelling. All infrastructure improvements required by these conditions of approval, must comply with the City’s standards, Greenbook (latest edition) and any specific requirements established in these conditions of approval. Any existing infrastructure failing to meet these requirements must be removed and reconstructed at the developer’s expense to meet requirements described in these conditions of approval and current City Standards.
12. During construction, temporary pedestrian and traffic control devices shall be constructed as deemed necessary by the City Engineering and Public Works Department staff at locations where construction traffic disrupts normal traffic.
Such measures and devices shall include but are not limited to: flagmen, barricades, portable electric traffic signals and street sweeping.
13. Utility plans must be approved by the City Engineer prior to installation. a. No utility access point, manholes, vaults, or air vents shall be located within sidewalks or pedestrian travel ways or within 12” of curb and gutters.
b. All utilities shall be installed underground to all lots per Public Utilities Commission requirements. No aboveground utility lines shall be permitted within or adjacent to this subdivision for the utilities servicing this project.
All aboveground structures shall be located inside either the City Right-of740 Project: CUP 21-16 / LDP 21-14
Date: January 19, 2022
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6T:\AGENDA ITEMS\PLANNING AGENDA ITEMS\2022\January 19, 2022\CUP 21-16\Jan 19, 2022 PC PUB HRG\ATTACHMENT C Engi Way or a dedicated utility easement and located outside of the pedestrian walkways.
14. Inspection. The Developer shall at all times maintain proper facilities and safe access for by city inspectors and to the businesses or residences wherein any construction work is in progress. Upon completion of the work the Developer shall request a final inspection by the City Engineer.
15. The Developer shall obtain all required right-of-way dedications needed for the required improvements prior to final approval of improvement plans, issuance of any permits, and approval of Final Map, and the Developer shall construct and complete all street improvements required for the phase of the subdivision prior to issuance of any building permits for that phase of the subdivision, and as directed by the City Engineer.
16. Paved access points and means of emergency vehicle turn-around must be approved the Fire Department. All terminating paved accesses longer than 150 feet must have proper standard fire turn around or as approved by the Fire Department.
17. Final sections shall be approved by Caltrans prior to construction, which shall be submitted along with the soils report & recommendations based on Rvalue & Traffic Index, and shall substantially conform to the sections submitted with the first submittal of the street improvement plans.
18. Streets shall not be paved until all underground utilities are installed.
19. There shall be no intersecting street centerlines greater than or less than 90° (+/- 10°) degrees unless otherwise approved by the Engineering Department staff.
20. All curb heights and gutter widths shall be based on requirements as set forth by the Hydrology/Hydraulics Report and City Standards and approved by the Engineering Department staff.
21. All covers for utility manholes, valves, and vaults shall be adjusted to final grade after final paving.
22. Street asphalt concrete pavement shall be placed in multiple lifts depending on design asphalt thickness with the final lift placed after the Repair & Replace (R&R) and Point & Patch is completed.
23. Prior to the time lumber is deposited on site for approved construction in a specific phase, all curbs, gutters and pavement shall be completed within that phase area and compaction reports for utility trenches and street base shall be approved. Model complexes are excluded from this condition but are 741
Project: CUP 21-16 / LDP 21-14
Date: January 19, 2022
ATTACHMENT C
7T:\AGENDA ITEMS\PLANNING AGENDA ITEMS\2022\January 19, 2022\CUP 21-16\Jan 19, 2022 PC PUB HRG\ATTACHMENT C Engi required to provide access and fire flow in a manner as approved by the Fire Department.
24. Sleeves for lighting and landscape purposes will be allowed in the public street right-of-way when necessary, subject to the approval of the Engineering Department staff.
25. Sewer wyes and laterals shall be installed to the edge of right-of-way in front of all existing structures for existing or proposed sewer mains to City Standards, where street improvements are proposed along said sewer mains.
Street Improvement Conditions:
26. Prior to the issuance of any building permits, the following street dedications and improvements shall be completed. The Developer shall be directly and solely responsible for the mitigation of impacts related to existing traffic levels plus project traffic prior to recordation of the final map. The Developer construct and complete all street improvements prior to issuance of building permits, or as directed by the City Engineer. Any requirements by Caltrans that are in excess of the following street improvement conditions shall govern.
27. Offsite street dedications are as follows:
a. Dedication for street and utility purposes to provide for Major Arterial half-width of 50 feet for the west half of Koala Road along the east boundary of the site.
28. Offsite street improvements are as follows:
a. Koala Road shall be constructed to half-width of 40 feet wide, centerline to curb, consisting of a minimum of 4 inches of asphalt concrete over 6 inches of Class 2 base material, or per “R” value test for a Traffic Index of
11.0, whichever is greater, 8" concrete curb and gutters, per City Standard 109 Type C.
29. All utility tie-ins and other work that disturbs existing public right of way improvements shall be restored per City Encroachment Permit Provisions, or as directed by the Engineering Department staff:
a. Any disturbance of pavement newer than 12 months requires the entire area of the disturbed pavement and the entire width of any travel lane disturbed to be cold-planed (ground down) a tenth of a foot (0.1 feet) and resurfaced with AC, PG 70-10, as directed by the Engineering Department staff.
b. All disturbed sections of pavement older than 12 months must be trenched according to City Standards, permanently resurfaced using the minimum of the existing AC plus one (1) inch of AC and six (6) inches of 742
Project: CUP 21-16 / LDP 21-14
Date: January 19, 2022
ATTACHMENT C
8T:\AGENDA ITEMS\PLANNING AGENDA ITEMS\2022\January 19, 2022\CUP 21-16\Jan 19, 2022 PC PUB HRG\ATTACHMENT C Engi Class II base. The resurfaced areas shall remain in place for a minimum of thirty (30) days and a maximum of forty-five (45) days. Then after that period is over, the resurfaced area and the entire width of any travel lane disturbed are to be cold-planed (grinded down) a tenth of a foot (0.1 feet) and resurfaced with AC, PG 70-10, as directed by Engineering Department staff. If this leaves a width less than three (3) feet not being resurfaced on a side then that section must also be resurfaced. c. Any disturbance of existing concrete work shall be considered reconstruction and must meet current A.D.A. standards. Reconstruction must consist of full concrete saw cut panels, as directed by the Engineering Department staff.
30. Developer shall pay the applicable Transportation Development Impact Fee.
31. The Developer shall design and construct a street lighting system to the requirements of the American National Standard Practice for Roadway Lighting, and as directed by City of Adelanto Public Works/Engineering Department staff subject to city of Adelanto review and approval. a. Streetlights shall be energized when installed and maintained by the developer for eighteen months, after which the City of Adelanto shall maintain the lights. A single street light near the north driveway should meet the spacing criteria shown below.
Traffic Safety:
32. The Developer shall be directly and solely responsible developing a traffic control plan to mitigate the impacts of construction activity to existing traffic.
Traffic control plans are subject to approval to the City Engineer. 743
Project: CUP 21-16 / LDP 21-14
Date: January 19, 2022
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33. Street name signs and traffic control devices, including full-width striping and striping transition into existing paving, shall be constructed in accordance with the approved plans and designed per the Manual on Uniform Traffic Control Devices and City Standards at the time of construction as directed by the City Engineer. Street names for this project shall be submitted to the Engineering Department for City Council approval.
a. All signposts shall be installed with anchors when installed into concrete. b. All street name signs shall be installed on 12-inch cap brackets. c. Any sign or post removed by the developer shall be returned to the Street Department undamaged and not vandalized.
d. All striping, onsite and offsite, shall be installed by the developer. This includes “STOP” and stop bars at all “STOP” signs, fog lines and any other traffic safety striping that may apply as directed by the Street Department.
e. Curbs must be painted red 7.5 feet on each side of center in front of all fire hydrants.
f. Curbs must be painted white 7.5 feet on each side of center with 3- minute max stenciled of the curb in front of all mailboxes. g. Each street section shall have a posted speed limit sign as directed by Engineering Department staff.
Sewer Improvements:
34. Sewage disposal shall be consistent with the project Feasibility Study (the City will accept studies within 1 year from the date of Recordation of final map which may be extended 1 additional year) and the developer shall pay all fees pursuant to the current Feasibility Study at the time of building permit.
35. The applicant shall connect to the City sewer system and pay all associated fees (connection fee, permit fee, inspection fee, etc.) in compliance with the Adelanto Public Utility Authority. The design shall conform to the City adopted sewer master plan and as required by the City Engineer. The sanitary sewer system shall be designed and constructed to collect and convey sewage to the City’s Wastewater Treatment Plant.
Water Improvements:
36. Water service shall be consistent with the Feasibility Study (city will accept studies within year from the date of Recordation of final map which may be 744
Project: CUP 21-16 / LDP 21-14
Date: January 19, 2022
ATTACHMENT C
10T:\AGENDA ITEMS\PLANNING AGENDA ITEMS\2022\January 19, 2022\CUP 21-16\Jan 19, 2022 PC PUB HRG\ATTACHMENT C Eng extended 1 additional year) and the developer shall pay all fees pursuant to the current Feasibility Study at the time of building permit.
37. The Developer shall comply with all requirements of the Adelanto Public Utility Authority (APUA).
38. Water Improvement Design for the project shall conform to the City’s adopted Water Master Plan and per requirements of the City Engineer. All backflow devices shall be installed by the developer.
39. All water valves and vault covers within paved areas shall be raised to finish surface and painted after completion of paving.
40. All fire hydrants, air vacuums and all other above ground water facilities shall be placed within the sidewalk areas while maintaining a clear 4-foot wide pedestrian travel way. Water meter boxes and vaults, valve covers, etc., may be placed within sidewalks or paved areas provided such devices are set flush with finished surfaces as approved by the Engineering Department.
41. A set of water improvement plans shall be submitted to the San Bernardino County Fire Department for comment and review. At the time of the second plan check submittal, water improvement plans with the Fire Departments’ corrections incorporated therein shall be submitted to the City Engineer along with the “redline” commented plans from the Fire Department.
42. Fire protection plans shall be designed per the requirements of the Adelanto Fire Marshall. Fire protection shall include but is not limited to:
a. Fire hydrants shall be spaced no more than 300 feet apart along all street frontages.
b. Fire hydrants shall be set to a level for “safe break away” and easy access, per the Water Department.
c. Blue dot identification on final pavement will be required for all hydrants installed.
Drainage Improvements:
43. The Developer shall prepare a hydrology and hydraulic calculations report to demonstrate that the post development flows proposed to be discharged into and through existing or any other storm drainage facilities do not exceed the maximum flows for which said facilities are designed. This shall be subject to review and approval of the City Engineer. The Hydrology and comprehensive drainage plan must be prepared by a licensed civil engineer to the satisfaction of the City Engineer and the Hydrology Report shall identify offsite flows that impact the proposed development and identify the increased 745
Project: CUP 21-16 / LDP 21-14
Date: January 19, 2022
ATTACHMENT C
11T:\AGENDA ITEMS\PLANNING AGENDA ITEMS\2022\January 19, 2022\CUP 21-16\Jan 19, 2022 PC PUB HRG\ATTACHMENT C Eng onsite runoff flows. The Study shall address how the proposed development shall accept offsite flows that impact the proposed development and demonstrate how the proposed development will safely pass through the offsite flows while protecting the proposed development and maintaining to all-weather paved points of access to the community. Also, the Study shall demonstrate the how the proposed development will reduce the increased onsite post-development runoff to less than 90% of predeveloped drainage runoff flows. This study shall substantially conform to the accepted Adelanto Master Plan of Drainage and correlate with the submitted improvement plans. This study shall be engineered using County of San Bernardino Flood Control methodologies and included calculations, maps, diagrams and a written conclusion that contains recommendation of how offsite flows and increased onsite runoff shall be mitigated. a. The Subdivider or Developer shall be responsible for obtaining all necessary permits and permissions from the department of Fish and Game and the Army Corps of Engineers and from any other regulatory agency for the alterations to any of the watercourses that are impacted by the proposed development.
b. All finished building floor elevations shall be 1.0 feet higher than the 100- year base flood elevations.
44. Storm flows may be conveyed in street sections to the extent that right-of-way limits shall accommodate a 100-year storm to a depth less than 0.7 feet deep from the flow line to provide all-weather emergency ingress and egress. If storm flows cannot be adequately conveyed by street sections, underground storm drains and other mitigation measures shall be provided as recommended in the Hydrology/Hydraulics Report and approved by the City Engineer.
45. Prior to construction of any improvements or prior to any land disturbance, the Developer shall construct temporary drainage facilities and establish erosion control practices as necessary to minimize storm runoff and erosion and silt deposition. All construction storm drains, catch basins, the storm water runoff structures shall be provided with adequate capabilities to filter and retain sediment, grit, oil and grease to prevent pollution in storm water runoff, in compliance with the State Water Board Best Management Practices. The Developer shall obtain a National Pollutant Discharge Elimination System (NPDES) General Permit for storm water discharges associated with construction activities, as directed by the California Water Resources Control Board and approved by the Engineering Department staff.
During construction, all NPDES guidelines will be in full force and all Best Management Practices (BMP) shall be followed.
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Date: January 19, 2022
ATTACHMENT C
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46. The Developer shall provide adequate mitigation for storm drainage to avoid concentrating or increasing offsite flows, subject to review and approval by the City Engineer.
47. A BMP Maintenance Agreement must be prepared for all post-construction BMPs onsite. Proof the agreement is recorded with the property shall be provided prior to final occupancy.
48. In order to mitigate the drainage impacts of this project the developer shall perform the following:
a. The Developer shall pay the City’s full Drainage Facility Development Impact Fee and any other Drainage fees that may be in place at the time of building permit issuance as a Drainage mitigation measures for this project.
If the Development Impact Fee collection is deferred from the time of building permit issuance to the time of issuance of the certificate of occupancy, the developer shall pay the Development Impact Fees that are in place at the time of occupancy.
Park and Landscaping:
49. Prior to the grading permit for any phase of development, the Developer shall prepare final improvement plans for the landscaping and irrigation of landscaped areas, and all open spaces. Said plans shall be prepared by a California licensed Landscape Architect and shall be subject to the review and approval of the Engineering and Planning Department staff.
50. A minimum five (5) foot irrigated landscape easement shall be provided between the edge of the sidewalk and the perimeter wall on all surrounding streets.
a. Landscaping shall be at the rate of one (1) tree and six (6) shrubs per 30 linear feet plus such vegetative cover necessary to cover a minimum of forty (40) percent of the total area with shrubs and ground cover.
b. Turf is prohibited within public rights-of-way.
c. Irrigation shall be designed to minimize maintenance and water consumption.
d. All slopes over three feet in height shall be fully landscaped and irrigated.
51. All easements and dedicated Right-of-Way land between the sidewalk and the perimeter masonry wall of the development, where applicable, shall be planted with drought tolerant vegetation and irrigation installed, as approved by the Development Services Department. Said landscape easement and landscaped area shall be maintained by the developer. The landscaped area will thereafter be the responsibility of the City upon final acceptance. All 747
Project: CUP 21-16 / LDP 21-14
Date: January 19, 2022
ATTACHMENT C
13T:\AGENDA ITEMS\PLANNING AGENDA ITEMS\2022\January 19, 2022\CUP 21-16\Jan 19, 2022 PC PUB HRG\ATTACHMENT C Eng sidewalks adjacent to landscaping areas shall have a 6-inch garden curb at the back of the sidewalk between the landscaped area and the sidewalk to prevent runoff across sidewalk.
a. All plant spacing shall be approved by the Development Services Department and Title 17.
Onsite Improvements:
55. The tops of all cut slopes shall be in conformance with City Standards per the City Engineer. Retaining walls shall be utilized where required by Public Works Department staff to ensure that unusable and nonvisible slopes are not created.
56. No lot shall drain onto any property adjacent to the project. Lots shall be protected from storm runoff as approved by the Public Works Department staff.
57. Sewer and water service pipelines shall be placed outside of driveway areas unless otherwise approved by the Public Works Department staff.
58. All onsite parking must be on an impervious surface, asphalt or concrete, and shall be based on an R-Value conducted by a competent soils testing laboratory and Traffic Index acceptable to the City Engineer.
59. Permitted water consumption. Maximum water consumption per 1,000 square feet of canopy space shall be limited to 100 gallons per day. 748
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1in=µ833 feet
CUP21-16&LDP21-14
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SCALE: 1/4" = 1'-0" NORTH OFFICE 117'-8"
69'-0"
LUNCH/ LOADING CONFERENCE CULTIVATION ELECTRICAL WOM. MEN CONVEYOR STOR. CULTIVATION STORAGE WORKROOM STORAGE WORKROOM SHEET NUMBER: SHEET TITLE: REVISIONS: PROFESSIONAL SEAL: CONSULTANT: P3 Development Cannabis Recreational & Medical DATE: THE ORIGINAL AND UNPUBLISHED WORK OF THE ARCHITECT AND MAY NOT ALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE BE DISCLOSED WITHOUT THE PRIOR WRITTEN CONSENT OF THE ARCHITECT SEPTEMBER 24, 2021 CKL DESIGN & CONSTRUCTION P.O.BOX 1004, MONTEREY PARK, CA 91754 PHONE: (323) 717-6064 Koala Road
Cultivation Development
City of Adelanto A1.1 FLOOR PLAN LEVEL ONE
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69'-0" WORKROOM STORAGE STORAGE WORKROOM CONVEYOR 117'-8" CULTIVATION CULTIVATION SHEET NUMBER: SHEET TITLE: REVISIONS: PROFESSIONAL SEAL: CONSULTANT: P3 Development Cannabis Recreational & Medical DATE: THE ORIGINAL AND UNPUBLISHED WORK OF THE ARCHITECT AND MAY NOT ALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE BE DISCLOSED WITHOUT THE PRIOR WRITTEN CONSENT OF THE ARCHITECT SEPTEMBER 24, 2021 CKL DESIGN & CONSTRUCTION P.O.BOX 1004, MONTEREY PARK, CA 91754 PHONE: (323) 717-6064 Koala Road
Cultivation Development
City of Adelanto A1.2 FLOOR PLAN LEVEL TWO
751
SCALE: 1/4" = 1'-0" NORTH
69'-0" 117'-8" SHEET NUMBER: SHEET TITLE: REVISIONS: PROFESSIONAL SEAL: CONSULTANT: P3 Development Cannabis Recreational & Medical DATE: THE ORIGINAL AND UNPUBLISHED WORK OF THE ARCHITECT AND MAY NOT ALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE BE DISCLOSED WITHOUT THE PRIOR WRITTEN CONSENT OF THE ARCHITECT SEPTEMBER 24, 2021 CKL DESIGN & CONSTRUCTION P.O.BOX 1004, MONTEREY PARK, CA 91754 PHONE: (323) 717-6064 Koala Road
Cultivation Development
City of Adelanto A1.3 ROOF PLAN
752
SOUTH ELEVATION SCALE: 1/4" = 1'-0" EAST ELEVATION SCALE: 1/4" = 1'-0" SHEET NUMBER: SHEET TITLE: REVISIONS: PROFESSIONAL SEAL: CONSULTANT: P3 Development Cannabis Recreational & Medical DATE: THE ORIGINAL AND UNPUBLISHED WORK OF THE ARCHITECT AND MAY NOT ALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE BE DISCLOSED WITHOUT THE PRIOR WRITTEN CONSENT OF THE ARCHITECT OCTOBER 18, 2021 CKL DESIGN & CONSTRUCTION P.O.BOX 1004, MONTEREY PARK, CA 91754 PHONE: (323) 717-6064 Koala Road
Cultivation Development
City of Adelanto A2.1 ELEVATIONS EAST/SOUTH
753
NORTH ELEVATION SCALE: 1/4" = 1'-0" WEST ELEVATION SCALE: 1/4" = 1'-0" SHEET NUMBER: SHEET TITLE: REVISIONS: PROFESSIONAL SEAL: CONSULTANT: P3 Development Cannabis Recreational & Medical DATE: THE ORIGINAL AND UNPUBLISHED WORK OF THE ARCHITECT AND MAY NOT ALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE BE DISCLOSED WITHOUT THE PRIOR WRITTEN CONSENT OF THE ARCHITECT OCTOBER 18, 2021 CKL DESIGN & CONSTRUCTION P.O.BOX 1004, MONTEREY PARK, CA 91754 PHONE: (323) 717-6064 Koala Road
Cultivation Development
City of Adelanto A2.2 ELEVATIONS WEST/NORTH
754
LONGITUDINAL SECTION SCALE: 1/4" = 1'-0" CROSS SECTION SCALE: 1/4" = 1'-0" SHEET NUMBER: SHEET TITLE: REVISIONS: PROFESSIONAL SEAL: CONSULTANT: P3 Development Cannabis Recreational & Medical DATE: THE ORIGINAL AND UNPUBLISHED WORK OF THE ARCHITECT AND MAY NOT ALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE BE DISCLOSED WITHOUT THE PRIOR WRITTEN CONSENT OF THE ARCHITECT SEPTEMBER 24, 2021 CKL DESIGN & CONSTRUCTION P.O.BOX 1004, MONTEREY PARK, CA 91754 PHONE: (323) 717-6064 Koala Road
Cultivation Development
City of Adelanto A3.1 SECTIONS BUILDING
755
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Feet 1"=20' 0 30 60 15 CITY OF ADELANTO KOALA ROAD P3 DEVELOPMENT A NGE L C ESA R ST C I V I L ATE OF CA L I FORN I A REG I STERED PROFESS I ONAL ENG I NEER No. 87222 CANNABIS RECREATIONAL & MEDICAL CULTIVATION DEVELOPMENT LDP: CUP: 4"W8"FW 4"W8"FW 4"W8"FW 4"W 4"W 4"W 4"W 4"W 4"W 4"W 4"W 4"W 4"W 8"FW 8"FW 8"FW 8"FW 8"FW 8"FW 8"FW 8"FW 8"FW 8"FW 4"W8"FW 4"W 4"W 4"W 4"W 4"W 4"W 4"W 4"W 4"W 4"W 8"FW 8"FW 8"FW 8"FW 8"FW 8"FW 8"FW 8"FW 8"FW 8"FW 2"W 6"SS 6"SS 6"SS 6"SS 6"SS 6"SS 6"SS 6"SS 6"SS 6"SS 6"SS 6"SS 6"SS 6"SS 6"SS 4"SS
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Feet 1"=30' 0 30 60 15 CITY OF ADELANTO KOALA ROAD P3 DEVELOPMENT A NGE L C ESA R ST C I V I L ATE OF CA L I FORN I A REG I STERED PROFESS I ONAL ENG I NEER No. 87222 CANNABIS RECREATIONAL & MEDICAL CULTIVATION DEVELOPMENT LDP: CUP: > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > 763
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Planning ● Environmental Analysis ● Economics ● Mapping ● GIS 2211 S. HACIENDA BOULEVARD, SUITE 107 ● HACIENDA HEIGHTS, CALIFORNIA 91745 PHONE 626-336-0033 ● CELLULAR 562-556-4542 ● E-MAIL [email protected]
MEMORANDUM
Date: April 2, 2022
To: Mary Blais, James Hirsch
From: Marc Blodgett, Blodgett Baylosis Environmental Planning Subject: Changes to the Mitigation Measures for the Boutique Purple/Morris Mu Projects.
The purpose of this memorandum is to outline those revisions that have been made to the above-mentioned environmental documents following their circulation and review. The specific mitigation measures in question are related to biological resources.
BOUTIQUE PURPLE DEVELOPMENT, CUP 21-16 & LDP 21-14
This project would involve the development of a 3.03-acre (132,077 square-feet) parcel located in the southwestern portion of the City of Adelanto. The property currently has a General Plan and Zoning land use designation of Manufacturing/Industrial (MI). The proposed project would involve the construction of six new, two-story cannabis cultivation, distribution, and manufacturing buildings that would have a total floor area of 97,428 square-feet. In addition, 52 standard parking spaces and 6 ADA compliant stalls will be provided.
The California Department of Fish and Wildlife, as part of their review of the Mitigated Negative Declaration, requested a number of changes to the mitigation measures that were originally included in the Initial Study/Mitigated Negative Declaration (IS/MND). The original mitigation is identified below with new text identified using underlining and deleted text using strikeout.
Biological Resources Mitigation Measure No. 1. If construction occurs during the non-nesting season (typically September 16 through December 31), a pre-construction sweep shall be performed to verify absence of nesting birds. A qualified biologist shall conduct the pre-activity sweep within the Project areas (including access routes) and a 300-foot buffer surrounding the Project areas, within 2 hours prior to initiating Project activities. If project activities are planned during bird nesting season (generally, raptor nesting season is January 1 through September 15; and passerine bird nesting season is February 1 through September 1 February l to August 31), a nesting bird survey shall be conducted by a qualified biologist within thirty no more than three (3) days prior to any the initiation of project ground-disturbing activities, including, but not limited to clearing, grubbing, and/or rough grading to ensure birds protected under the Migratory Bird Treaty Act (MBTA) are not disturbed by on-site activities prevent impacts to birds and their nests. The survey will be conducted by a qualified biologist. If nesting bird activity is present, based on the species, a no disturbance buffer zone shall be established by the qualified biologist around each nest. The buffer shall be a minimum of 300 feet for raptors and 100 feet for songbirds, unless a smaller buffer is specifically determined by a qualified biologist familiar with the nesting phenology of the nesting species.
The buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests. If there is no nesting activity, then no further action is need for this measure.
Biological Resources Mitigation Measure No. 2. Prior to the issuance of a grading permit or any other 764
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ground-disturbing activity, a pre-construction burrowing owl clearance survey must be conducted in accordance with the Staff Report on Burrowing Owl Mitigation, State of California Natural Resource Agency, Department of Fish and Game, May 7, 2012, by a qualified biologist within 14 days prior to the beginning of project activities construction, and a secondary survey must be conducted by a qualified biologist within 24 hours prior to the beginning of project construction to determine if the project site contains suitable burrowing owl or sign thereof habitat and to avoid any potential impacts to the species. The surveys shall include 100 percent coverage of the project site. If both surveys reveal no burrowing owls are present or sign thereof, no additional actions related to this measure are required and a letter shall be prepared by the qualified biologist documenting the results of the survey. The letter shall be submitted to CDFW prior to construction. If occupied active burrows or sign thereof are found within the development footprint during the pre-construction clearance survey, Mitigation Measure BIO-3 shall apply.
Biological Resources Mitigation Measure No. 3. If occupied active burrows or signs thereof are found within the development footprint during the pre-construction clearance surveys, site-specific non-disturbance buffer zones shall be established by the qualified biologist through consultation with the California Department of Fish and Wildlife (CDFW). The buffer zones may vary and shall be no less than 300 feet depending on burrow location and burrowing owl sensitivity to human activity, and no construction activity shall occur within a buffer zone(s) until appropriate avoidance and minimization measures are determined though consultation with CDFW. If determined appropriate, a smaller buffer may be established by the qualified biologist following monitoring and assessments of the Project’s effects on the burrowing owls. If it is not possible to avoid active burrows, passive relocation shall be implemented if a qualified biologist has determined there are no nesting owls and/or juvenile owls are no longer dependent on the burrows. A qualified biologist, in coordination with the applicant and the City, shall prepare and submit a passive relocation program in accordance with Appendix E (i.e., Example Components for Burrowing Owl Artificial Burrow and Exclusion Plans) of the CDFW’s Staff Report on Burrowing Owl Mitigation (CDFG 2012) for CDFW review/approval prior to the commencement of disturbance activities onsite and proposed mitigation for permanent loss of occupied burrow(s) and habitat consistent with the 2012 Staff Report on Burrowing Owl Mitigation. When a qualified biologist determines those burrowing owls are no longer occupying the Project site and passive relocation is complete, construction activities may begin. A final letter report shall be prepared by the qualified biologist documenting the results of the passive relocation. The letter shall be submitted to CDFW.
As of September 22, 2020, the California Department of Fish and Wildlife temporarily listed the western Joshua Tree (Yucca brevifolia) as an endangered species for one year until a final decision is made in 2021.
Therefore, any attempt to remove a Joshua tree or part of a Joshua tree, dead or alive from its current position will require an Incidental Take Permit (ITP). As a result, the proposed project will be required to implement the following mitigation measure.
Biological Resources Mitigation Measure No. 4. The City of Adelanto’s Municipal Code (17.57.040) requires that the City comply with the County of San Bernardino’s ordinances on Joshua trees. County of San Bernardino’s Municipal Code (Chapter 18.01.060) requires preservation of Joshua trees given their importance in the desert community. Furthermore, The project Applicant will be required to obtain a California Endangered Species Act (CESA) Incidental Take Permit (ITP) from the State of California Department of Fish and Wildlife (CDFW) related to the removal, replanting or any development activity that may affect the Joshua Trees located on-site. A qualified County-approved biologist or arborist should 765
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be retained to conduct any future relocation/transplanting activities and should follow the protocol of the County’s Municipal Code (Appendix B: Chapter 18.01). The following criteria will be utilized by the contractor when conducting any future transplanting activities. During candidacy of the western Joshua tree, all western Joshua trees and parts thereof shall be buffered for avoidance. A qualified biologist shall establish a 290-foot buffer around each western Joshua tree parent, seedling, and sprout. No project activities may occur within the buffer. Should avoidance be infeasible (during candidacy or if the species is listed under CESA), CDFW recommends that the Project Proponent apply for an Incidental Take Permit from CDFW prior to initiating Project activities.
A. The Joshua trees will be retained in place or replanted somewhere on the site where they can remain in perpetuity or will be transplanted to an off-site area approved by the County where they can remain in perpetuity. Joshua trees which are deemed not suitable for transplanting will be cut-up and discarded as per County requirements.
B. Earthen berms will be created around each tree by the biologist prior to excavation and the trees will be watered approximately one week before transplanting. Watering the trees prior to excavation will help make excavation easier, ensure the root ball will hold together, and minimize stress to the tree.
C. Each tree will be moved to a pre-selected location which has already been excavated and will be placed and oriented in the same direction as their original direction. The hole will be backfilled with native soil, and the transplanted tree will be immediately watered. The biologist will develop a watering regimen to ensure the survival of the transplanted trees. The watering regimen will be based upon the needs of the trees and the local precipitation.
CDFW has concerns that the Project is within the range of the CESA threatened Mohave ground squirrel (MGS), and the ISMND confirms the presence of burrows suitable for the species. However, the ISMND does not anticipate the presence of Mohave ground squirrel due to urbanization. Because CDFW is aware of an occurrence of Mohave ground squirrel in 2020 in the vicinity of the Project, just north of the Southern California Logistics Airport, CDFW is concerned that surveys were not performed to confirm presence.
Therefore, CDFW recognizes the potential for Mohave ground squirrel at the start of construction and recommends pre-construction Mohave ground squirrel surveys and observations and requests the City adopt the following mitigation measures:
Biological Resources Mitigation Measure No. 5. Pre-construction surveys following the Mohave Ground Squirrel Survey Guidelines (CDFG 2010) or most recent version shall be performed by a qualified biologist authorized by a Memorandum of Understanding issued by CDFW. The pre-construction surveys shall cover the Project Area and a 50-foot buffer zone. Should Mohave ground squirrel presence be confirmed during the survey, the Project Proponent should obtain an ITP for Mohave ground squirrel prior to the start of Project activities. CDFW shall be notified if Mohave ground squirrel presence is confirmed during the preconstruction survey. If a Mohave ground squirrel is observed during Project activities, and the Project Proponent does not have an ITP, all work shall immediately stop, and the observation shall be immediately reported to CDFW.
Desert Tortoise is a state-threatened, proposed endangered species, as such CDFW is concerned that the ISMND lacks a mitigation measure for pre-construction desert tortoise surveys, because the Project site is 766
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within the desert tortoise range and contains suitable habitat for desert tortoise: creosote bush scrub. To address potential direct/indirect impacts to desert tortoise, CDFW recommends the inclusion of the following mitigation measure prior to the City adopting the ISMND:
Biological Resources Mitigation Measure No. 6. A CDFW-approved biologist shall conduct a protocol level presence or absence survey within the Project area and 50-foot buffer no more than 48 hours prior to Project activities during desert tortoise active season (April to May or September to October), in accordance with the U.S. Fish and Wildlife Service 2019 desert tortoise survey methodology. The survey shall utilize perpendicular survey routes and 100-percent visual coverage for desert tortoise and their sign. Results of the survey shall be submitted to CDFW. If the survey confirms absence, the CDFW-approved biologist shall ensure desert tortoise do not enter the Project area. If the survey confirms presence, the Project proponent shall submit to CDFW for review and approval a desert tortoise-specific avoidance plan detailing the protective avoidance measures to be implemented to ensure complete avoidance of take to desert tortoise. If complete avoidance cannot be achieved, CDFW recommends Project proponent not undertake Project activities and Project activities be postponed until appropriate authorization (i.e., CESA ITP under Fish and Game Code section 2081) is obtained.
CDFW recommends that prior to adopting the ISMND, the City complete focused surveys following accepted protocol/methods and updates the ISMND to reflect the survey results and any changes in mitigation to address Project impacts. CDFW recommends the below measure be added to the ISMND to fully avoid and otherwise protect sensitive plant communities from Project-related direct and indirect impacts. If species are documented on-site during surveys and avoidance is infeasible, to adequately offset impacts, CDFW recommends the City considers purchasing credits from a mitigation bank or acquiring and conserving in perpetuity lands with the target resources.
Biological Resources Mitigation Measure No. 7. Prior to Project implementation, and during the appropriate season, the City shall conduct botanical field survey following protocols set forth in the Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities (CDFW 2018). The surveys shall be conducted by a CDFW-approved botanist(s) experienced in conducting floristic botanical field surveys, knowledgeable of plant taxonomy and plant community ecology and classification, familiar with the plants of the area, including special status and locally significant plants, and familiar with the appropriate state and federal statutes related to plants and plant collecting. The botanical field surveys shall be conducted at the appropriate time of year when plants will both be evident and identifiable (usually, during flowering or fruiting) and, in a manner, which maximizes the likelihood of locating special status plants and sensitive natural communities that may be present. Botanical field surveys shall be conducted floristic in nature, meaning that every plant taxon that occurs in the project area is identified to the taxonomic level necessary to determine rarity and listing status.
If any rare plants or sensitive vegetation communities are identified, the City shall either avoid the occurrence, with an appropriate buffer, or mitigate the loss of the occurrence through the purchase of mitigation credits from a CDFW-approved bank or land acquisition and conservation at a minimum 3:1 (replacement-to-impact) ratio. Note that a higher ratio may be warranted if the proposed mitigation lands are located far away from the Project site (i.e., within a separate watershed) or is not occupied by or available to special status species. If the Project has the potential to impact a State-listed species, the City should apply for a California Endangered Species Act Incidental Take Permit with the California Department of Fish and Wildlife.
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Based on review of aerial photography from the California State Water Resources Control Board, at least two ephemeral drainage features, merging into one, traverse the central portion of the Project site. The California Department of Cannabis Control (DCC) requires cannabis cultivators to demonstrate compliance with Fish and Game Code section 1602 prior to issuing a cultivation license (Business and Professions Code, § 26060.1). To qualify for an Annual License from DCC, cultivators must have an LSA Agreement or written verification from CDFW that one is not needed. Cannabis cultivators may apply online for an LSA Agreement through the Environmental Permit Information Management System (EPIMS; https://epims.wildlife.ca.gov). Cannabis cultivators may learn more about cannabis cultivation permitting at https://wildlife.ca.gov/Conservation/Cannabis/Permitting. CDFW recommends MM No. 8 below, considering CDFW’s role in cannabis permitting:
Biological Resources Mitigation Measure No. 8. Prior to construction and issuance of any grading permit, the Project applicant should obtain written correspondence from the California Department of Fish and Wildlife (CDFW) stating that notification under section 1602 of the Fish and Game Code is not required for the Project, or the Project applicant should obtain a CDFW-executed Lake and Streambed Alteration Agreement, authorizing impacts to Fish and Game Code section 1602 resources associated with the Project.
Cannabis cultivation sites (whether indoor or outdoor) often use substantial quantities of pesticides, including fungicides, herbicides, insecticides, and rodenticides. Wildlife, including beneficial arthropods, birds, mammals, amphibians, reptiles, and fish, can be poisoned by pesticides after exposure to a toxic dose through ingestion, inhalation, or dermal contact (Fleischli et al. 2004, Pimentel 2005, Berny 2007). They can also experience secondary poisoning through feeding on animals that have been directly exposed to the pesticides. (Even if used indoors, rodenticides may result in secondary poisoning through ingestion of sickened animals that leave the premises or ingestion of lethally poisoned animals disposed of outside.) Nonlethal doses of pesticides can negatively affect wildlife; pesticides can compromise immune systems, cause hormone imbalances, affect reproduction, and alter growth rates of many wildlife species. CDFW recommends that the City include a mitigation measure conditioning the Project to develop a plan to avoid, minimize, and mitigate the impacts of pesticides used in cannabis cultivation. CDFW recommends inclusion of the following mitigation measure focused on avoiding impacts to biological resources:
Biological Resources Mitigation Measure No. 9. Prior to construction and issuance of any grading permit, the City of Adelanto shall develop a plan with measures to avoid, minimize, or mitigate the impacts of pesticides used in cannabis cultivation, including fungicides, herbicides, insecticides, and rodenticides. The plan should include, but is not limited to, the following elements: (1) Proper use, storage, and disposal of pesticides, in accordance with manufacturers’ directions and warnings. (2) Avoidance of pesticide use where toxic runoff may pass into waters of the State, including ephemeral streams. (3) Avoidance of pesticides that cannot legally be used on cannabis in the state of California, as set forth by the Department of Pesticide Regulation. (4) Avoidance of anticoagulant rodenticides and rodenticides with “flavorizers.” (5) Avoidance of sticky/glue traps. (6) Inclusion of alternatives to toxic rodenticides, such as sanitation (removing food sources like pet food, cleaning up refuse, and securing garbage in sealed containers) and physical barriers.
Cannabis cultivation operations often use artificial lighting or “mixed-light” techniques in greenhouse structures and indoor operations to increase yields. If not disposed of properly, these lighting materials pose significant environmental risks because they contain mercury and other toxins (O’Hare et al. 2013). In addition to containing toxic substances, artificial lighting often results in light pollution, which has the 768
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potential to significantly and adversely affect fish and wildlife. Night lighting can disrupt the circadian rhythms of many wildlife species. Many species use photoperiod cues for communication (e.g., birdsong; Miller 2006), determining when to begin foraging (Stone et al. 2009), behavioral thermoregulation (Beiswenger 1977), and migration (Longcore and Rich 2004). Phototaxis, a phenomenon that results in attraction and movement toward light, can disorient, entrap, and temporarily blind wildlife species that experience it (Longcore and Rich 2004). The ISMND indicates that Project activities will involve glass or translucent plastic on building roofs and gables for greenhouses to allow natural daylight use. Because of the potential for artificial light to impact nocturnal wildlife species and migratory birds that fly at night, CDFW recommends the following mitigation measure:
Biological Resources Mitigation Measure No. 10. Light shall not be visible outside of any structure used for cannabis cultivation. This shall be accomplished by: employing blackout curtains where artificial light is used to prevent light escapement, eliminating all nonessential lighting from cannabis sites and avoiding or limiting the use of artificial light during the hours of dawn and dusk when many wildlife species are most active, ensuring that lighting for cultivation activities and security purposes is shielded, cast downward, and does not spill over onto other properties or upward into the night sky (see the International Dark-Sky Association standards at http://darksky.org/), and using LED lighting with a correlated color temperature of 3,000 Kelvins or less. All hazardous waste associated with lighting shall be disposed of properly and lighting that contains toxic compounds shall be recycled with a qualified recycler.
Construction and operation of cannabis facilities may result in a substantial amount of noise through road use, equipment, and other project-related activities. This may adversely affect wildlife species in several ways as wildlife responses to noise can occur at exposure levels of only 55 to 60 decibels (Barber et al. 2009). (For reference, normal conversation is approximately 60 decibels, and natural ambient noise levels [e.g., forest habitat] are generally measured at less than 50 decibels.). Anthropogenic noise can disrupt the communication of many wildlife species including frogs, birds, and bats (Sun and Narins 2005, Patricelli and Blickley 2006, Gillam and McCracken 2007, Slabbekoorn and Ripmeester 2008). Noise can also affect predator-prey relationships as many nocturnal animals such as bats and owls primarily use auditory cures (i.e., hearing) to hunt. Additionally, many prey species increase their vigilance behavior when exposed to noise because they need to rely more on visual detection of predators when auditory cues may be masked by noise (Rabin et al. 2006, Quinn et al. 2017). Noise has also been shown to reduce the density of nesting birds (Francis et al. 2009) and cause increased stress that results in decreased immune responses (Kight and Swaddle 2011). Considering the above, CDFW recommends MM No. 11 below to restrict the use of equipment to hours least likely to disrupt wildlife and to suppress device noise.
Biological Resources Mitigation Measure No. 11. Project construction shall not occur during the hours of dawn and dusk when many wildlife species are most active. To suppress Project noise, the Project shall implement the use of mufflers and all generators shall be enclosed. 769
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MORRIS MU & PARTNERS, CONDITIONAL USE PERMIT (CUP) 21-04 This project would involve the construction of twelve, 30,625 square foot buildings referred to as Building A through L. Each building would include a main floor consisting of 24,375 square feet and a mezzanine level consisting of 6,250 square feet. Each building would also be provided with 22 parking spaces. The total floor area of the twelve buildings would be 367,500 square feet and the project would be constructed in four phases within the 15.40-acre site. The new buildings would be used for adult and medical cannabis cultivation, manufacturing, and distribution. Access to the proposed project site would be provided by three new driveway connections with Jonathan Street, a new driveway connection with Auburn Avenue, and a new driveway connection with Montezuma Street. The project site is zoned as Airport Development District (ADD).
The California Department of Fish and Wildlife, as part of their review of the Mitigated Negative Declaration, requested a number of changes to the mitigation measures that were originally included in the Initial Study/Mitigated Negative Declaration (IS/MND). The original mitigation is identified below with new text identified using underling.
A biological field survey was conducted by RCA Associates, Inc. Based on the results of the field investigations there was a single Joshua tree located within the boundaries of the property. Based on the evaluation and analysis of this single tree, it was determined that the tree was dead. Nevertheless, the following mitigation measure will be required:
Mitigation Measure No. 3 (Biological Resources Impacts). An incidental take permit (ITP) will be required unless the Applicant is able to establish a 12-foot buffer around the tree or if the tree will not be disturbed during grading and or site development activities.
If the Project, including the Project construction or any Project-related activity during the life of the Project, may impact or result in take of a candidate or CESA-listed species, CDFW recommends that the Project proponent seek appropriate CESA authorization prior to Project implementation. CDFW therefore recommends replacing Mitigation Measure No. 3 with the following mitigation measure in the IS/MND:
MM BIO-1: During candidacy of the western Joshua tree, all western Joshua trees and parts thereof shall be buffered for avoidance. A qualified biologist shall establish a 290-foot buffer around each western Joshua tree parent, seedling, and sprout. No project activities may occur within the buffer. Should avoidance be infeasible, CDFW recommends the Project Proponent apply for an Incidental Take Permit from CDFW prior to initiating Project activities.
CDFW is concerned that the biological resources assessment was not conducted at the appropriate time of year to detect the presence of special plant status species on the Project site. CDFW therefore recommends a thorough, floristic-based assessment of special status plants at the appropriate time(s) of year, using the Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities (CDFW 2018 or most recent version), before the City of Adelanto adopts the MND.
CDFW recommends including the following mitigation measure:
MM BIO-2: A thorough floristic-based assessment of special status plants and natural communities, following CDFW's Protocols for Surveying and Evaluating Impacts to Special Status Native Plant 770
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Populations and Natural Communities (CDFW 2018 or most recent version) shall be performed by a qualified biologist prior to commencing Project activities during the period that during the period that plants are most evident and identifiable. Should any state-listed plant species be present in the Project area, the Project proponent should obtain an Incidental Take Permit for those species prior to the start of Project activities. Should other special status plants or natural communities be present in the Project area, a qualified restoration specialist shall assess whether perennial species may be successfully transplanted to an appropriate natural site or whether on-site or off-site conservation is warranted to mitigate Project impacts.
If successful transplantation of perennial species is determined by a qualified restoration specialist, the receiver site shall be identified, and transplantation shall occur at the appropriate time of year. Additionally, the qualified restoration specialist shall perform seed collection and dispersal from special status annual plant species to a natural site as a conservation strategy to minimize and mitigate Project impacts. If these measures are implemented, monitoring of plant populations shall be conducted annually for 5 years to assess the mitigation’s effectiveness. The performance standard for mitigation shall be no net reduction in the size or viability of the local population.
Because of the potential for desert tortoise to occur in the Project area, and in the absence of complete and accurate information on the scope of the biological assessment and focused survey, CDFW recommends that prior to commencing Project activities, focused surveys for desert tortoise following the Desert Tortoise (Mojave Population) Field Manual should be conducted by a qualified biologist at the appropriate time of year and day. CDFW recommends the following mitigation measure, which includes both focused and preconstruction surveys:
MM BIO-3: Prior to commencing Project activities, focused surveys for desert tortoise shall be conducted by a qualified biologist, according to protocols in chapter 4 of the Desert Tortoise (Mojave Population) Field Manual (USFWS 2009 or most recent version), during the species’ most active periods (April through May or September through October). CDFW recommends working with USFWS and CDFW concurrently to ensure a consistent and adequate approach to planning survey work and that biologists retained to complete desert tortoise protocol-level surveys submit their qualifications to CDFW and USFWS prior to initiation of surveys for review and approval. No more than 48 hours prior to start of Project activities, a qualified biologist shall conduct pre-construction surveys for desert tortoise as described in the USFWS Desert Tortoise (Mojave Population) Field Manual (USFWS 2009 or most recent version). Pre-construction surveys shall be completed using perpendicular survey routes within the Project area and 50-foot buffer zone. Preconstruction surveys cannot be combined with other surveys conducted for other species while using the same personnel. Project activities cannot start until two negative results from consecutive surveys using perpendicular survey routes for desert tortoise are documented. Should desert tortoise presence be confirmed during the survey, Project activities shall be halted, and the qualified biologist shall immediately notify CDFW and USFWS to determine appropriate avoidance. If complete avoidance cannot be achieved, applicant should not undertake Project activities and should postpone initiation of Project activities until appropriate authorization (i.e., CESA ITP under Fish and Game Code section 2081) is obtained.
CDFW is concerned that the habitat assessment for Mohave ground squirrel was combined with focused surveys for other species. In addition, no mitigation measure has been included for Mohave ground squirrel in the IS/MND. Because of the potential for Mohave ground squirrel to occur in the Project area, and in the absence of complete and accurate information on the timing and scope of the biological assessment and focused survey, CDFW recommends that prior to commencing Project activities, focused surveys for Mohave 771
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ground squirrel, conducted by a qualified biologist at the appropriate time of year and day, following the Mohave Ground Squirrel Survey Guidelines (CDFG, 2010), should be conducted. CDFW recommends the following mitigation measure, which includes both focused and pre-construction surveys:
MM BIO-4: Prior to commencement of Project activities, focused surveys for Mohave ground squirrel should be conducted by a qualified biologist authorized by a Memorandum of Understanding issued by CDFW, at the appropriate time of year and time of day when Mohave ground squirrel is active or otherwise identifiable, according to the protocols in the Mohave Ground Squirrel Survey Guidelines (CDFG 2010 or most recent version). Should Mohave ground squirrel presence be confirmed during the surveys, Project activities shall be immediately halted, and the qualified biologist shall submit to CDFW for review and approval a Mohave ground squirrel-specific avoidance plan detailing the protective avoidance measures to be implemented to ensure complete avoidance of take to Mohave ground squirrel. If complete avoidance cannot be achieved, applicant should not undertake Project activities and should postpone initiation of project activities until appropriate authorization (i.e., CESA ITP under Fish and Game Code section 2081) is obtained. Preconstruction surveys shall be performed by a qualified biologist authorized by a Memorandum of Understanding issued by CDFW. The preconstruction surveys shall cover the Project area and a 50-foot buffer zone. Should Mohave ground squirrel presence be confirmed during the survey, the qualified biologist shall notify CDFW, and the Project proponent should obtain an ITP for Mohave ground squirrel prior to the start of Project activities.
The IS/MND indicates that the focused survey for burrowing owl found no “burrowing owls or owl signs”.
Due to the potential for burrowing owl to occur in the area, and in the absence of complete and accurate information on the timing and scope of the biological assessment and focused survey, CDFW recommends that prior to commencing Project activities, pre-construction surveys be conducted by a qualified biologist.
CDFW recommends including the following mitigation measure in the IS/MND:
MM BIO-5: Pre-construction burrowing owl surveys shall be conducted no less than 14 days prior to the start of Project-related activities and within 24 hours prior to ground disturbance, in accordance with the Staff Report on Burrowing Owl Mitigation (CDFG 2012 or most recent version). Pre-construction surveys should be performed by a qualified biologist following the recommendations and guidelines provided in the Staff Report on Burrowing Owl Mitigation. If the pre-construction surveys confirm occupied burrowing owl habitat, Project activities shall be immediately halted. CDFW shall be notified of burrowing owl survey results within 48 hours of detection. The qualified biologist shall coordinate with CDFW and USFWS to conduct an impact assessment to develop avoidance and minimization measures to be approved by CDFW prior to commencing Project activities, including mitigation at no less than a 2:1 ratio for permanent loss of occupied burrow(s) and habitat consistent with the 2012 Staff Report on Burrowing Owl Mitigation.
Desert kit fox is protected as a fur-bearing mammal under Title 14 of the California Code of Regulations (Chap. 5, § 460) and may not be taken at any time. Because desert kit fox has high fidelity to natal dens, it is crucial to adequately assess whether desert kit fox is present on the Project site well in advance of commencing Project activities. If desert kit fox is found onsite during breeding season, it could delay Project activities until appropriate vegetation and construction buffers can be established on the Project site.
Therefore, CDFW recommends pre-construction surveys for desert kit fox as follows:
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MM BIO-6: No more than 14 days prior to the beginning of ground disturbance and/or Project activities, a qualified biologist shall conduct pre-construction surveys to determine if potential desert kit fox burrows/dens are present in the Project area. Pre-construction surveys should include 100-percent visual coverage of the Project area and cannot be combined with other surveys conducted for other species while using the same personnel. If the pre-construction surveys confirm occupied desert kit fox habitat or sign thereof, Project activities shall be immediately halted, and the qualified biologist shall notify CDFW and USFWS to develop avoidance, minimization, and mitigation measures. No disturbance of active dens shall take place when juvenile desert kit fox may be present and dependent on parental care.
It is the Project proponent’s responsibility to comply with all applicable laws related to nesting birds and birds of prey. Fish and Game Code sections 3503, 3503.5, and 3513 afford protective measures as follows:
section 3503 states that it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by Fish and Game Code or any regulation made pursuant thereto. Fish and Game Code section 3503.5 makes it unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds-of-prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by Fish and Game Code or any regulation adopted pursuant thereto. Fish and Game Code section 3513 makes it unlawful to take or possess any migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. § 703 et seq.).
CDFW is concerned about impacts to nesting birds from Project activities (e.g., vegetation removal and construction noise/disturbance). CDFW recommends that the IS/MND include specific avoidance and minimization measures to ensure that impacts to nesting birds do not occur. Project-specific avoidance and minimization measures may include, but are not limited to, Project phasing and timing (avoiding peak breeding season), monitoring of Project-related noise (where applicable), sound walls, and buffers, where appropriate. In addition, species that nest outside the peak breeding season should also be considered (e.g., hummingbirds may nest year-round, and raptors may nest outside the peak breeding season). CDFW recommends that to avoid impacts to nesting birds, pre-construction surveys be conducted by a qualified biologist no more than three (3) days prior to the initiation of project activities, at the appropriate time of day/night, du ring appropriate weather conditions. CDFW recommends the following mitigation measure be included in the IS/MND:
MM BIO-7: Regardless of the time of year, a pre-construction sweep shall be performed to verify absence of nesting birds. If construction (including site preparation, staging, or other ground-disturbing activities) or vegetation removal is proposed during the breeding/nesting season for birds (generally, raptor nesting season is January 1 through September 15; and passerine bird nesting season is February 1 through September 1), a qualified biologist shall conduct pre-construction surveys for birds on the Project site, including a 300-foot survey buffer, no more than 3 days prior to the start of ground-disturbing activities in all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures, at the appropriate time of day/night, during appropriate weather conditions. Pre-construction surveys should focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior (e.g., copulation, carrying of food or nest materials, nest building, removal of fecal sacks, flushing suddenly from atypically close range, agitation, aggressive interactions, feigning injury or distraction displays, or other behaviors). If construction is delayed or suspended for more than 3 days after the survey, the area shall be resurveyed to re-confirm the presence/absence of any active nests. If an active nest is located during pre-construction 773
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surveys, USFWS and/or CDFW (as appropriate per agency regulations) shall be notified regarding the status of the nest. Furthermore, construction activities shall be restricted as necessary to avoid disturbance of the nest until nesting activities have concluded, or the qualified biologist deems disturbance potential to be minimal. Restrictions may include, but are not limited to, establishment of exclusion zones (no ingress of personnel or equipment at a minimum radius of 300 feet around an active raptor nest and 100-foot radius around an active non-raptor passerine bird nest) or alteration of the construction schedule. A qualified biologist shall delineate the buffer using nest buffer signs, environmentally sensitive area fencing, pin flags, and or flagging tape. The buffer zone shall be maintained around the active nest site(s) until the young have fledged and are foraging independently. To avoid impacts to nesting birds, any grubbing or vegetation removal should occur outside peak breeding season (typically February 1 through September 1).
CDFW is concerned about the potential for special status and other wildlife species to occur on the Project site. CDFW recommends inclusion of the following mitigation measure:
MM BIO-8: A qualified biologist shall be onsite prior to and during all ground- and habitat-disturbing activities to move out of harm’s way wildlife that would otherwise be injured or killed from Project-related activities. Movement of wildlife out of harm’s way should be limited to only those individuals that would otherwise by injured or killed, and individuals should be moved only as far a necessary to ensure their safety.
Measures shall be taken to prevent wildlife from re-entering the Project site. If listed species are identified within or adjacent to the work areas, clearance or handling to move out of harm’s way may only be completed under appropriate authorizations (i.e., ITP). Permittee shall contact CDFW within 24 hours if a listed species is identified within or adjacent to the work area.
CDFW is concerned that because the Project site and surrounding areas include high desert open space, development will bring biological hazards common to urban-wildland interface areas. Waste management must be a priority as accessible waste can encourage opportunistic species such as rats, ravens, and coyotes to become more prevalent, posing substantial predation hazard to wildlife. Predators like ravens and coyotes are both known to prey on desert tortoise and other sensitive species. Waste management plans should include waste receptacles with closing, lockable lids and a waste removal schedule that does not allow for excess waste to accrue. Increased traffic may also pose a hazard to species in the form of vehicle-animal collisions, which often lead to the death of the animal. For slow-moving species like desert tortoise, busy roads or driveways in their territory can have a significant impact on populations. Project activities, including construction and routine work for the life of the Project, will affect local wildlife. Part of the Project Proponent’s responsibility is to educate individuals that will be onsite, whether they are employees or contractors, on the wildlife species that may be present and how to limit impacts to wildlife species in the area. CDFW recommends that the following Employee Education Program be added to the IS/MND as a mitigation measure:
MM BIO-9: A qualified biologist shall conduct an education program for all persons employed or otherwise working on the Project site prior to performing any work onsite. The program shall consist of a presentation that includes a discussion of the biology of the habitats and species that may be present at the site. The qualified biologist shall also include as part of the education program information about the distribution and habitat needs of any special status species that may be present, legal protections for those species, penalties for violations, and mitigation measures. The Employee Education Program should include, but not be limited to: (1) best practices for managing waste and reducing activities that can lead to increased 774
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occurrences of opportunistic species and the impacts these species can have on wildlife in the area; (2) protected species that have the potential to occur on the Project site including, but not limited to, desert tortoise, Mohave ground squirrel, western Joshua tree, burrowing owl, desert kit fox, Le Conte’s thrasher, loggerhead shrike, and nesting birds. Interpretation shall be provided for any non-English-speaking workers, and the same instruction shall be provided for any new workers prior to their performing any work onsite.
CDFW recommends that the City of Adelanto include a mitigation measure conditioning the Project to develop a plan to avoid, minimize, and mitigate the impacts of pesticides used in cannabis cultivation.
CDFW recommends inclusion of the following mitigation measure focused on avoiding impacts to biological resources:
MM BIO-10: Prior to construction and issuance of any grading permit, the City of Adelanto shall develop a plan with measures to avoid, minimize, or mitigate the impacts of pesticides used in cannabis cultivation, including fungicides, herbicides, insecticides, and rodenticides. The plan should include, but is not limited to, the following elements: (1) Proper use, storage, and disposal of pesticides, in accordance with manufacturers’ directions and warnings. (2) Avoidance of pesticide use where toxic runoff may pass into waters of the State, including ephemeral streams. (3) Avoidance of pesticides that cannot legally be used on cannabis in the state of California, as set forth by the Department of Pesticide Regulation. (4) Avoidance of anticoagulant rodenticides and rodenticides with “flavorizers.” (5) Avoidance of sticky/glue traps. (6) Inclusion of alternatives to toxic rodenticides, such as sanitation (removing food sources like pet food, cleaning up refuse, and securing garbage in sealed containers) and physical barriers.
Cannabis cultivation operations often use artificial lighting or “mixed-light” techniques in greenhouse structures and indoor operations to increase yields. If not disposed of properly, these lighting materials pose significant environmental risks because they contain mercury and other toxins (O’Hare et al. 2013). In addition to containing toxic substances, artificial lighting often results in light pollution, which has the potential to significantly and adversely affect fish and wildlife. Night lighting can disrupt the circadian rhythms of many wildlife species. Many species use photoperiod cues for communication (e.g., birdsong; Miller 2006), determining when to begin foraging (Stone et al. 2009), behavioral thermoregulation (Beiswenger 1977), and migration (Longcore and Rich 2004). Phototaxis, a phenomenon that results in attraction and movement toward light, can disorient, entrap, and temporarily blind wildlife species that experience it (Longcore and Rich 2004). The IS/MND indicates that Project activities will involve new sources of artificial light for buildings and security (p. 15). Because of the potential for artificial light to impact nocturnal wildlife species and migratory birds that fly at night, CDFW recommends the following mitigation measure:
MM BIO-11: Light should not be visible outside of any structure used for cannabis cultivation. Applicant shall: employ blackout curtains where artificial light is used to prevent light escapement, eliminate all nonessential lighting from cannabis sites and avoid or limit the use of artificial light during the hours of dawn and dusk when many wildlife species are most active, ensure that lighting for cultivation activities and security purposes is shielded, cast downward, and does not spill over onto other properties or upward into the night sky (see the International Dark-Sky Association standards at http://darksky.org/), use LED lighting with a correlated color temperature of 3,000 Kelvins or less, properly dispose of hazardous waste, and recycle lighting that contains toxic compounds with a qualified recycler. 775
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Fish and Game Code section 1602 requires an entity to notify CDFW prior to commencing any activity that may adversely impact any river, stream, or lake. Department of Cannabis Control (DCC) requires cannabis cultivators to demonstrate compliance with Fish and Game Code section 1602 prior to issuing a cultivation license (Business and Professions Code, § 26060.1). To qualify for an Annual License from DCC, cultivators must have an LSA Agreement or written verification from CDFW that one is not needed. CDFW recommends the following mitigation measure:
MM BIO-12: Prior to construction and issuance of any grading permit, the Project Sponsor shall obtain written correspondence from the California Department of Fish and Wildlife (CDFW) stating that notification under section 1602 of the Fish and Game Code is not required for the Project, or the Project Sponsor should obtain a CDFW-executed Lake and Streambed Alteration Agreement, authorizing impacts to Fish and Game Code section 1602 resources associated with the Project.
CONCLUSIONS
The City of Adelanto, in its capacity as Lead Agency for both projects incorporated the requested mitigation measures into the respective Initial Studies, verbatim. Furthermore, the project applicants agreed to implement the recommended mitigation measures. A question was raised as to whether the proposed revised mitigation measures would warrant re-recirculation of the IS/MNDs. Pursuant to the California Environmental Quality Act (CEQA), Section 15073.5), a lead agency is required to re-circulate a MND when the document must be substantially revised after public notice of its availability has previously been given, but prior to its adoption. A “substantial revision” of the MND means:
“A new, avoidable significant effect is identified and mitigation measure[s] or project revision[s] must be added in order to reduce the effect to insignificance, or the lead agency determines that the proposed mitigation measure[s] or project revision[s] will not reduce potential effect[s] to less than significant, and new measures or revisions must be required.”
In summary, a MND does not require re-circulation unless there is evidence before the lead agency that the project as proposed will have one [or more] potentially significant environmental impact[s] that has not been mitigated prior to the adoption of the MND. In summary, the IS/MND was not required to be recirculated because of the following reasons:
1. The IS/MND still concluded that no significant environmental impacts would result with the implementation of the new and revised mitigation measures; and
2. The Lead Agency and the Applicant agreed to implement the revised and new mitigation measures; and
3. The new and revised mitigation measures, by themselves, would not lead to any new or unforeseen environmental impacts.
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