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Agenda, regular meeting

Adelanto City Council
December 13, 2023

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Agenda, regular meeting
Meeting
December 13, 2023
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Adelanto City Council
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61
Original file
66.6 MB
Text extracted from the city's file for reading and search. Open the original on adelanto.granicus.com. That file is the official record.

1.0 INTRODUCTION

1.1 Purpose of Analysis and Study Objectives
This Air Quality, Energy, and Greenhouse Gas (GHG) Emissions Impact Analysis has been completed to determine the air quality, energy, and GHG emissions impacts associated with the proposed 16454 Adelanto Road Warehouse Distribution Facility project (proposed project).  The following is provided in this report:
 A description of the proposed project;
 A description of the atmospheric setting;
 A description of the criteria pollutants and GHGs;
 A description of the air quality regulatory framework;  A description of the energy conservation regulatory framework;  A description of the GHG emissions regulatory framework;  A description of the air quality, energy and GHG emissions thresholds including the California Environmental Quality Act (CEQA) significance thresholds;  An analysis of the conformity of the proposed project with the Mojave Desert Air Quality Management District’s (MDAQMD) air quality strategies;
 An analysis of the short‐term construction related and long‐term operational air quality, energy and GHG emissions impacts; and
 An analysis of the conformity of the proposed project with all applicable energy and GHG emissions reduction plans and policies.

1.2 Site Locations and Study Area
The project site is located at 16454 Adelanto Road in the City of Adelanto (City).  The approximately 3.17‐ acre project site is currently mostly vacant other than a mobile home and various pieces of equipment.

The project site is bounded by a self storage facility to the north, Adelanto Road and vacant land to the east, a self storage facility to the south, and Highway 395 and vacant land to the west.  The project local study area is shown in Figure 1.

Sensitive Receptors in Project Vicinity
The nearestsensitive receptorsto the projectsite are tract homeslocated as near as 2,300 feet (0.44 mile) to the south of the project site.  The nearest school is Victoria Magathan Elementary School, which is located as near as 0.8 mile southwest of the project site.

1.3 Proposed Project Description
The proposed project consists of grading the vacant site (current owner will remove mobile home and various equipment) and construction and operation of a one story, 49,798 square foot (sq. ft.) warehouse distribution facility (proposed project).  The facility would have 27 loading docks; three at level height and 24 at dock height. The proposed project would also contain offices, two restrooms, a break room, a guard house, and a trash enclosure. The project site would contain 43 parking spaces and two ADA compliant 582

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parking spaces. The majority of the parking and facility would be contained behind a security gate that would be operated by the staff in the guard house. An underground detention system would be used in the drive aisle to help with offsite flows.   The proposed site plan is shown in Figure 2.

The facility would likely be staffed 14 hours a day (Monday through Friday) from approximately 7:00 A.M. until 9:00 PM, and would be operated with approximately 20 employees including those in the guard shack provided onsite. LED lighting would be provided at night for security purposes and would comply with the City lighting requirements. Approximately 15 truck trips would be completed per working day.

The site would allow for delivery and export of auto parts, and electrical and fork‐lift parts. No cooling or cold storage would be required.

1.4 Executive Summary
Standard Air Quality, Energy, and GHG Regulatory Conditions The proposed project will be required to comply with the following regulatory conditions from the MDAQMD and State of California (State).

MDAQMD Rules
The following lists the MDAQMD rules that are applicable, but not limited to the proposed project.  Rule 401 Visible Emissions – Limits fugitive dust emissions;  Rule 402 Nuisance – Controls the emissions of odors and other air contaminants;  Rule 403 and 403.2 Fugitive Dust – Controls the emissions of fugitive dust;  Rule 442 Solvents – Establishes VOC content limits in solvents;  Rules 1103 Cutback and Emulsified Asphalt – Controls the VOC content in asphalt; and  Rule 1113 Architectural Coatings ‐ Controls the VOC content in paints and solvents.

State of California Rules
The following lists the State of California Code of Regulations (CCR) air quality emission rules that are applicable, but not limited to the proposed project.
 CCR Title 13, Article 4.8, Chapter 9, Section 2449 – In use Off‐Road Diesel Vehicles;  CCR Title 13, Section 2025 – On‐Road Diesel Truck Fleets;  CCR Title 24 Part 6 – California Building Energy Standards; and  CCR Title 24 Part 11 – California Green Building Standards.

Summary of Analysis Results
The following is a summary of the proposed project’s impacts with regard to the State CEQA Guidelines air quality, energy, and GHG emissions checklist questions.

Conflict with or obstruct implementation of the applicable air quality plan? Less than significant impact.
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Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non‐attainment under an applicable Federal or State ambient air quality standard? Less than significant impact.

Expose sensitive receptors to substantial pollutant concentrations? Less than significant impact.

Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Less than significant impact.

Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation; Less than significant impact.

Conflict with or obstruct a state or local plan for renewable energy; Less than significant impact.

Generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment?
Less than significant impact.

Conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs?
Less than significant impact.

1.5 Project Design Features Incorporated into the Proposed Project This analysis was based on implementation of the following project design features that the project applicant has committed to implementing. According to Forklift Market Analysis, 2016‐2027, prepared by Grand View Research, 2019, currently two‐thirds of all new forklifts sold will be electric‐powered and by 2027 three‐quarter of all new forklifts will be electric‐powered. As such Project Design Feature 1 is based on current market trends, as it would not be cost‐effective to install the diesel tanks onsite for the limited duration of use of diesel‐powered equipment onsite.

Project Design Feature 1:

All off‐road equipment (non‐street legal), such as forklifts and street sweepers, used onsite for warehouse operations shall be powered by alternative fuels, electrical batteries or other alternative/non‐diesel fuels (e.g., propane or compressed natural gas (CNG)) that do not emit diesel particulate matter, and that are low or zero emission.

1.6 Mitigation Measures for the Proposed Project
This analysisfound that implementation of the State and MDAQMD air quality, energy, and GHG emissions reductions regulations were adequate to limit criteria pollutants, toxic air contaminants, odors, and GHG 584

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emissions from the proposed project to less than significant levels.  No mitigation measures are required for the proposed project with respect to air quality, energy, and GHG emissions. 585
Figure 1 Project Local Study Area
SOURCE: Google Maps.

Project Site N
586
Figure 2 Proposed Site Plan
SOURCE: Chambers Group.
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2.0 AIR POLLUTANTS
Air pollutants are generally classified as either criteria pollutants or non‐criteria pollutants.   Federal ambient air quality standards have been established for criteria pollutants, whereas no ambientstandards have been established for non‐criteria pollutants.  For some criteria pollutants, separate standards have been set for different periods.   Most standards have been set to protect public health.   For some pollutants, standards have been based on other values (such as protection of crops, protection of materials, or avoidance of nuisance conditions).  A summary of federal and state ambient air quality standards is provided in the Regulatory Framework section.

2.1 Criteria Pollutants and Ozone Precursors
The criteria pollutants consist of: ozone, nitrogen oxides (NOx), CO, sulfur oxides (SOx), lead, and particulate matter (PM). The ozone precursors consist of NOx and VOC. These pollutants can harm your health and the environment, and cause property damage.  The Environmental Protection Agency (EPA) calls these pollutants “criteria” air pollutants because it regulates them by developing human health‐ based and/or environmentally‐based criteria for setting permissible levels.   The following provides descriptions of each of the criteria pollutants and ozone precursors.

Nitrogen Oxides
NOx is the generic term for a group of highly reactive gases which contain nitrogen and oxygen. While most NOx are colorless and odorless, concentrations of nitrogen dioxide (NO2) can often be seen as a reddish‐brown layer over many urban areas.  NOx form when fuel is burned at high temperatures, as in a combustion process. The primary manmade sources of NOx are motor vehicles, electric utilities, and other industrial, commercial, and residential sources that burn fuel.  NOx reacts with other pollutants to form, ground‐level ozone, nitrate particles, acid aerosols, as well as NO2, which cause respiratory problems. NOx and the pollutants formed from NOx can be transported over long distances, following the patterns of prevailing winds.  Therefore, controlling NOx is often most effective if done from a regional perspective, rather than focusing on the nearest sources.

Ozone
Ozone is not usually emitted directly into the air, instead it is created by a chemical reaction between NOx and VOC in the presence of sunlight. Motor vehicle exhaust, industrial emissions, gasoline vapors, chemicalsolvents as well as natural sources emit NOx and VOC that help form ozone.  Ground‐level ozone is the primary constituent of smog.  Sunlight and hot weather cause ground‐level ozone to form with the greatest concentrations usually occurring downwind from urban areas.  Ozone issubsequently considered a regional pollutant.   Ground‐level ozone is a respiratory irritant and an oxidant that increases susceptibility to respiratory infections and can cause substantial damage to vegetation and other materials.  Because NOx and VOC are ozone precursors, the health effects associated with ozone are also indirect health effects associated with significant levels of NOx and VOC emissions.

Carbon Monoxide
Carbon monoxide (CO) is a colorless, odorless gas that is formed when carbon in fuel is not burned completely.  It is a component of motor vehicle exhaust, which contributes approximately 56 percent of all CO emissions nationwide.  In cities, 85 to 95 percent of all CO emissions may come from motor vehicle exhaust.  Other sources of CO emissions include industrial processes (such as metals processing and chemical manufacturing), residential wood burning, and naturalsourcessuch asforest fires.  Woodstoves, 588

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gas stoves, cigarette smoke, and unvented gas and kerosene space heaters are indoor sources of CO.  The highest levels of CO in the outside air typically occur during the colder months of the year when inversion conditions are more frequent.  The air pollution becomes trapped near the ground beneath a layer of warm air. CO is described as having only a local influence because it dissipates quickly.   Since CO concentrations are strongly associated with motor vehicle emissions, high CO concentrations generally occur in the immediate vicinity of roadways with high traffic volumes and traffic congestion, active parking lots, and in automobile tunnels.   Areas adjacent to heavily traveled and congested intersections are particularly susceptible to high CO concentrations.

CO is a public health concern because it combines readily with hemoglobin and thus reduces the amount of oxygen transported in the bloodstream.  The health threat from lower levels of CO is most serious for those who suffer from heart disease such as angina, clogged arteries, or congestive heart failure.  For a person with heart disease, a single exposure to CO at low levels may cause chest pain and reduce that person’s ability to exercise; repeated exposures may contribute to other cardiovascular effects.  High levels of CO can affect even healthy people.  People who breathe high levels of CO can develop vision problems, reduced ability to work or learn, reduced manual dexterity, and difficulty performing complex tasks.  At extremely high levels, CO is poisonous and can cause death.

Sulfur Oxides
SOx gases are formed when fuel containing sulfur, such as coal and oil is burned, as well as from the refining of gasoline.  SOx dissolves easily in water vapor to form acid and interacts with other gases and particlesin the air to form sulfates and other productsthat can be harmful to people and the environment.

Lead
Lead is a metal found naturally in the environment as well as manufactured products.  The major sources of lead emissions have historically been motor vehicles and industrial sources.  Due to the phase out of leaded gasoline, metal processing is now the primary source of lead emissions to the air.  High levels of lead in the air are typically only found near lead smelters, waste incinerators, utilities, and lead‐acid battery manufacturers. Exposure of fetuses, infants and children to low levels of lead can adversely affect the development and function of the central nervous system, leading to learning disorders, distractibility, inability to follow simple commands, and lower intelligence quotient. In adults, increased lead levels are associated with increased blood pressure.

Particulate Matter
PM is the term for a mixture of solid particles and liquid droplets found in the air. PM is made up of a number of components including acids (such as nitrates and sulfates), organic chemicals, metals, and soil or dust particles.  The size of particles is directly linked to their potential for causing health problems.

Particles that are less than 10 micrometers in diameter (PM10) that are also known as Respirable Particulate Matter are the particles that generally pass through the throat and nose and enter the lungs.

Once inhaled, these particles can affect the heart and lungs and cause serious health effects.  Particles that are less than 2.5 micrometers in diameter (PM2.5) that are also known as Fine Particulate Matter have been designated as a subset of PM10 due to their increased negative health impacts and its ability to remain suspended in the air longer and travel further.

Volatile Organic Compounds
Hydrocarbons are organic gases that are formed from hydrogen and carbon and sometimes other elements. Hydrocarbonsthat contribute to formation of ozoneare referred to and regulated as VOCs(also 589

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referred to as reactive organic gases). Combustion engine exhaust, oil refineries, and fossil‐fueled power plants are the sources of hydrocarbons. Other sources of hydrocarbons include evaporation from petroleum fuels, solvents, dry cleaning solutions, and paint.

VOC is not classified as a criteria pollutant, since VOCs by themselves are not a known source of adverse health effects. The primary health effects of VOCsresult from the formation of ozone and itsrelated health effects. High levels of VOCs in the atmosphere can interfere with oxygen intake by reducing the amount of available oxygen through displacement. Carcinogenic forms of hydrocarbons, such as benzene, are considered TACs. There are no separate health standards for VOCs as a group.

2.2 Other Pollutants of Concern
Toxic Air Contaminants
In addition to the above‐listed criteria pollutants, TACs are another group of pollutants of concern.  TACs is a term that is defined under the California Clean Air Act and consists of the same substances that are defined as Hazardous Air Pollutants (HAPs) in the Federal Clean Air Act.  There are over 700 hundred different types of TACs with varying degrees of toxicity.  Sources of TACs include industrial processes such as petroleum refining and chrome plating operations, commercial operations such as gasoline stations and dry cleaners, and motor vehicle exhaust.   Cars and trucks release at least 40 different toxic air contaminants.  The most important of these TACs, in terms of health risk, are diesel particulates, benzene, formaldehyde, 1,3‐butadiene, and acetaldehyde.  Public exposure to TACs can result from emissions from normal operations as well asfrom accidentalreleases.  Health effects of TACsinclude cancer, birth defects, neurological damage, and death.

TACs are less pervasive in the urban atmosphere than criteria air pollutants, however they are linked to short‐term (acute) or long‐term (chronic or carcinogenic) adverse human health effects.   There are hundreds of different types of TACs with varying degrees of toxicity.  Sources of TACs include industrial processes, commercial operations (e.g., gasoline stations and dry cleaners), and motor vehicle exhaust.

According to The California Almanac of Emissions and Air Quality 2013 Edition, the majority of the estimated health risk from TACs can be attributed to relatively few compounds, the most important of which is DPM.  DPM is a subset of PM2.5 because the size of diesel particles are typically 2.5 microns and smaller.  The identification of DPM as a TAC in 1998 led the California Air Resources Board (CARB) to adopt the Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel‐fueled Engines and Vehicles in September 2000.   The plan’s goals are a 75‐percent reduction in DPM by 2010 and an 85‐percent reduction by 2020 from the 2000 baseline.  Diesel engines emit a complex mixture of air pollutants, composed of gaseous and solid material.  The visible emissions in diesel exhaust are known as particulate matter or PM, which includes carbon particles or “soot.”  Diesel exhaust also contains a variety of harmful gases and over 40 other cancer‐causing substances.   California’s identification of DPM as a toxic air contaminant was based on its potential to cause cancer, premature deaths, and other health problems.

Exposure to DPM is a health hazard, particularly to children whose lungs are still developing and the elderly who may have other serious health problems.  Overall, diesel engine emissions are responsible for the majority of California’s potential airborne cancer risk from combustion sources.

Asbestos
Asbestos is listed as a TAC by CARB and as a HAP by the EPA.   Asbestos occurs naturally in mineral formations and crushing or breaking these rocks, through construction or other means, can release 590

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asbestiform fibers into the air.  Asbestos emissions can result from the sale or use of asbestos‐containing materials, road surfacing with such materials, grading activities, and surface mining.  The risk of disease is dependent upon the intensity and duration of exposure.  When inhaled, asbestos fibers may remain in the lungs and with time may be linked to such diseases as asbestosis, lung cancer, and mesothelioma.  The nearest likely locations of naturally occurring asbestos, as identified in the General Location Guide for Ultramafic Rocks in California, prepared by the California Division of Mines and Geology, is located in Santa Barbara County.  Due to the distance to the nearest natural occurrences of asbestos, the project site is not likely to contain asbestos.
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3.0 GREENHOUSE GASES

3.1 Greenhouse Gases
Constituent gases of the Earth’s atmosphere, called atmospheric GHGs, play a critical role in the Earth’s radiation amount by trapping infrared radiation from the Earth’s surface, which otherwise would have escaped to space.  Prominent greenhouse gases contributing to this process include carbon dioxide (CO2), methane (CH4), ozone, water vapor, nitrous oxide (N2O), and chlorofluorocarbons (CFCs).   This phenomenon, known as the Greenhouse Effect, is responsible for maintaining a habitable climate.

Anthropogenic (caused or produced by humans) emissions of these greenhouse gases in excess of natural ambient concentrations are responsible for the enhancement of the Greenhouse Effect and have led to a trend of unnatural warming of the Earth’s natural climate, known as global warming or climate change.

Emissions of gases that induce global warming are attributable to human activities associated with industrial/manufacturing, agriculture, utilities, transportation, and residential land uses.  Emissions of CO2 and N2O are byproducts of fossil fuel combustion.  Methane, a potent greenhouse gas, results from off‐ gassing associated with agricultural practices and landfills.  Sinks of CO2, where CO2 is stored outside of the atmosphere, include uptake by vegetation and dissolution into the ocean.  The following provides a description of each of the greenhouse gases and their global warming potential.

Water Vapor
Water vapor is the most abundant, important, and variable GHG in the atmosphere.  Water vapor is not considered a pollutant; in the atmosphere it maintains a climate necessary for life.   Changes in its concentration are primarily considered a result of climate feedbacks related to the warming of the atmosphere rather than a direct result of industrialization.  The feedback loop in which water is involved is critically important to projecting future climate change.  As the temperature of the atmosphere rises, more water is evaporated from ground storage (rivers, oceans, reservoirs,soil).  Because the air is warmer, the relative humidity can be higher (in essence, the air is able to “hold” more water when it is warmer), leading to more water vapor in the atmosphere.  As a GHG, the higher concentration of water vapor is then able to absorb more thermal indirect energy radiated from the Earth, thus further warming the atmosphere.  The warmer atmosphere can then hold more water vapor and so on and so on.  This is referred to as a “positive feedback loop.”  The extent to which this positive feedback loop will continue is unknown as there is also dynamics that put the positive feedback loop in check.  As an example, when water vapor increases in the atmosphere, more of it will eventually also condense into clouds, which are more able to reflect incoming solar radiation (thus allowing less energy to reach the Earth’s surface and heat it up).

Carbon Dioxide
The natural production and absorption of CO2 is achieved through the terrestrial biosphere and the ocean.

However, humankind has altered the natural carbon cycle by burning coal, oil, natural gas, and wood.

Since the industrial revolution began in the mid‐1700s, each of these activities has increased in scale and distribution.  CO2 was the first GHG demonstrated to be increasing in atmospheric concentration with the first conclusive measurements being made in the last half of the 20th century.  Prior to the industrial revolution, concentrations were fairly stable at 280 parts per million (ppm).  The International Panel on Climate Change (IPCC) indicates that concentrations were 379 ppm in 2005, an increase of more than 30 percent.  Left unchecked, the IPCC projects that concentration of carbon dioxide in the atmosphere is projected to increase to a minimum of 540 ppm by 2100 as a direct result of anthropogenic sources.  This 592

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could result in an average global temperature rise of at least two degrees Celsius or 3.6 degrees Fahrenheit.

Methane
CH4 is an extremely effective absorber of radiation, although its atmospheric concentration is less than that of CO2.  Its lifetime in the atmosphere is brief (10 to 12 years), compared to some other GHGs (such as CO2, N2O, and CFCs).  CH4 has both natural and anthropogenic sources.  It is released as part of the biological processesin low oxygen environments,such asin swamplands or in rice production (at the roots of the plants).  Over the last 50 years, human activities such as growing rice, raising cattle, using natural gas, and mining coal have added to the atmospheric concentration of methane.  Other anthropocentric sources include fossil‐fuel combustion and biomass burning.

Nitrous Oxide
Concentrations of N2O also began to rise at the beginning of the industrial revolution.  In 1998, the global concentration of this GHG was documented at 314 parts per billion (ppb).  N2O is produced by microbial processes in soil and water, including those reactions which occur in fertilizer containing nitrogen.  In addition to agricultural sources, some industrial processes (fossil fuel‐fired power plants, nylon production, nitric acid production, and vehicle emissions) also contribute to its atmospheric load.  N2O is also commonly used as an aerosol spray propellant (i.e., in whipped cream bottles, in potato chip bags to keep chips fresh, and in rocket engines and race cars).

Chlorofluorocarbons
CFCs are gases formed synthetically by replacing all hydrogen atoms in methane or ethane with chlorine and/or fluorine atoms.  CFCs are nontoxic, nonflammable, insoluble, and chemically unreactive in the troposphere (the level of air at the Earth’s surface).   CFCs have no natural source, but were first synthesized in 1928.  They were used for refrigerants, aerosol propellants, and cleaning solvents.  Due to the discovery that they are able to destroy stratospheric ozone, a global effort to halt their production was undertaken and in 1989 the European Community agreed to ban CFCs by 2000 and subsequent treaties banned CFCs worldwide by 2010.  This effort was extremely successful, and the levels of the major CFCs are now remaining level or declining.  However, their long atmospheric lifetimes mean that some of the CFCs will remain in the atmosphere for over 100 years.

Hydrofluorocarbons
Hydrofluorocarbons (HFCs) are synthetic man‐made chemicals that are used as a substitute for CFCs.  Out of all the GHGs, they are one of three groups with the highest global warming potential.  The HFCs with the largest measured atmospheric abundances are (in order), HFC‐23 (CHF3), HFC‐134a (CF3CH2F), and HFC‐152a (CH3CHF2).   Prior to 1990, the only significant emissions were HFC‐23.   HFC‐134a use is increasing due to its use as a refrigerant.  Concentrations of HFC‐23 and HFC‐134a in the atmosphere are now about 10 parts per trillion (ppt) each.   Concentrations of HFC‐152a are about 1 ppt.   HFCs are manmade for applications such as automobile air conditioners and refrigerants.

Perfluorocarbons
Perfluorocarbons (PFCs) have stable molecular structures and do not break down through the chemical processes in the lower atmosphere.   High‐energy ultraviolet rays about 60 kilometers above Earth’s surface are able to destroy the compounds.  Because of this, PFCs have very long lifetimes, between 10,000 and 50,000 years.  Two common PFCs are tetrafluoromethane (CF4) and hexafluoroethane (C2F6). 593

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Concentrations of CF4 in the atmosphere are over 70 ppt.  The two main sources of PFCs are primary aluminum production and semiconductor manufacturing.

Sulfur Hexafluoride
Sulfur Hexafluoride (SF6) is an inorganic, odorless, colorless, nontoxic, nonflammable gas.  SF6 has the highest global warming potential of any gas evaluated; 23,900 times that of CO2.  Concentrations in the 1990s were about 4 ppt.  Sulfur hexafluoride is used for insulation in electric power transmission and distribution equipment, in the magnesium industry, in semiconductor manufacturing, and as a tracer gas for leak detection.

Aerosols
Aerosols are particles emitted into the air through burning biomass (plant material) and fossil fuels.

Aerosols can warm the atmosphere by absorbing and emitting heat and can cool the atmosphere by reflecting light.  Cloud formation can also be affected by aerosols.  Sulfate aerosols are emitted when fuel containing sulfur is burned.   Black carbon (or soot) is emitted during biomass burning due to the incomplete combustion of fossil fuels.   Particulate matter regulation has been lowering aerosol concentrations in the United States; however, global concentrations are likely increasing.

3.2 Global Warming Potential
GHGs have varying global warming potential (GWP).  The GWP is the potential of a gas or aerosol to trap heat in the atmosphere; it is the cumulative radiative forcing effects of a gas over a specified time horizon resulting from the emission of a unit mass of gas relative to the reference gas, CO2.  The GHGs listed by the IPCC and the CEQA Guidelines are discussed in this section in order of abundance in the atmosphere.

Water vapor, the most abundant GHG, is not included in this list because its natural concentrations and fluctuations far outweigh its anthropogenic (human‐made) sources.  To simplify reporting and analysis, GHGs are commonly defined in terms of their GWP.  The IPCC defines the GWP of various GHG emissions on a normalized scale that recasts all GHG emissions in terms of CO2 equivalent (CO2e).  As such, the GWP of CO2 is equal to 1.  The GWP values used in this analysis are based on the 2007 IPCC Fourth Assessment Report, which are used in CARB’s 2014 Scoping Plan Update and the CalEEMod Model Version 2020.4.0 and are detailed in Table A.  The IPCC has updated the Global Warming Potentials of some gases in their Fifth Assessment Report, however the new values have not yet been incorporated into the CalEEMod model that has been utilized in this analysis.

Table A – Global Warming Potentials, Atmospheric Lifetimes and Abundances of GHGs Gas
Atmospheric Lifetime
(years)1
Global Warming Potential
(100 Year Horizon)2
Atmospheric
Abundance
Carbon Dioxide (CO2) 50‐200 1 379 ppm
Methane (CH4) 9‐15 25 1,774 ppb
Nitrous Oxide (N2O) 114 298 319 ppb
HFC‐23   270 14,800 18 ppt
HFC‐134a 14 1,430 35 ppt
HFC‐152a 1.4 124 3.9 ppt
PFC: Tetrafluoromethane (CF4) 50,000 7,390 74 ppt
PFC:  Hexafluoroethane (C2F6) 10,000 12,200 2.9 ppt
Sulfur Hexafluoride (SF6) 3,200 22,800 5.6 ppt
Notes:
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1 Defined as the half‐life of the gas. 2 Compared to the same quantity of CO2 emissions and is based on the Intergovernmental Panel On Climate Change (IPCC) 2007 standard, which is utilized in CalEEMod (Version 2020.4.0),that is used in this report (CalEEMod User Guide, May 2021).

Definitions: ppm = parts per million; ppb = parts per billion; ppt = parts per trillion Source: IPCC 2007, EPA 2015

3.3 Greenhouse Gas Emissions Inventory
According to the Carbon Dioxide Information Analysis Center1, 9,855 million metric tons (MMT) of CO2e emissions were created globally in the year 2014. According to the Environmental Protection Agency (EPA), the breakdown of global GHG emissions by sector consists of: 25 percent from electricity and heat production; 21 percent from industry; 24 percent from agriculture, forestry and other land use activities; 14 percent from transportation; 6 percent from building energy use; and 10 percent from all othersources of energy use2.

According to Inventory of U.S. Greenhouse Gas Emissions and Sinks 1990‐2019, prepared by EPA, in 2019 total U.S. GHG emissions were 6,558 million metric tons (MMT) of CO2e emissions.  Total U.S. emissions have increased by 4 percent between 1990 and 2016 and GHG emissions decreased by 13 percent between 2005 and 2019.  The recent decrease in GHG emissions was a result of multiple factors, including population, economic growth, energy markets, and technological changes the include energy efficiency and energy fuel choices.  Between 2018 and 2019, GHG emissions decreased by almost 2 percent due to multiple factors, including a one percent decrease in total energy use.

According to California Greenhouse Gas Emissions for 2000 to 2019 Trends of Emissions and Other Indicators, prepared by CARB, July 28, 2021, the State of California created 418.2 million metric tons of carbon dioxide equivalent (MMTCO2e) in 2019. The 2019 emissions were 7.2 MMTCO2e lower than 2018 levels and almost 13 MMTCO2e below the State adopted year 2020 GHG limit of 431 MMTCO2e.  The breakdown of California GHG emissions by sector consists of: 39.7 percent from transportation; 21.1 percent from industrial; 14.1 percent from electricity generation; 7.6 percent from agriculture; 10.5 percent from residential and commercial buildings; 4.9 percent from high global warming potential sources, and 2.1 percent from waste.

1 Obtained from: https://cdiac.ess‐dive.lbl.gov/trends/emis/tre_glob_2014.html 2 Obtained from: https://www.epa.gov/ghgemissions/global‐greenhouse‐gas‐emissions‐data 595

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4.0 AIR QUALITY MANAGEMENT
The air quality at the project site is addressed through the efforts of various international, federal, state, regional, and local government agencies.  These agencies work jointly, as well as individually, to improve air quality through legislation, regulations, planning, policy‐making, education, and a variety of programs.

The agencies responsible for improving the air quality are discussed below.

4.1 Federal – United States Environmental Protection Agency The Clean Air Act, first passed in 1963 with major amendments in 1970, 1977 and 1990, is the overarching legislation covering regulation of air pollution in the United States. The Clean Air Act has established the mandate for requiring regulation of both mobile and stationary sources of air pollution at the state and federal level. The EPA was created in 1970 in order to consolidate research, monitoring, standard‐setting and enforcement authority into a single agency.

The EPA is responsible for setting and enforcing the National Ambient Air Quality Standards (NAAQS) for atmospheric pollutants.  It regulates emission sourcesthat are under the exclusive authority of the federal government, such as aircraft, ships, and certain locomotives. NAAQS pollutants were identified using medical evidence and are shown below in Table B.

Table B – State and Federal Criteria Pollutant Standards Air
Pollutant
Concentration / Averaging Time
Most Relevant Effects
California
Standards
Federal Primary
Standards
Ozone

0.09 ppm / 1‐hour

0.07 ppm / 8‐hour

0.070 ppm, / 8‐hour
(a) Pulmonary function decrements and localized lung edema in humans and animals; (b) Risk to public health implied by alterations in pulmonary morphology and host defense in animals; (c) Increased mortality risk; (d) Risk to public health implied by altered connective tissue metabolism and altered pulmonary morphology in animals after long‐term exposures and pulmonary function decrements in chronically exposed humans; (e) Vegetation damage; and (f) Property damage.

Carbon
Monoxide
(CO)

20.0 ppm / 1‐hour

9.0 ppm / 8‐hour

35.0 ppm / 1‐hour

9.0 ppm / 8‐hour
(a) Aggravation of angina pectoris and other aspects of coronary heart disease; (b) Decreased exercise tolerance in persons with peripheral vascular disease and lung disease; (c) Impairment of central nervous system functions;   and (d) Possible increased risk to fetuses.

Nitrogen
Dioxide
(NO2)

0.18 ppm / 1‐hour

0.030 ppm / annual
100 ppb / 1‐hour

0.053 ppm / annual
(a) Potential to aggravate chronic respiratory disease and respiratory symptoms in sensitive groups; (b) Risk to public health implied by pulmonary and extra‐pulmonary
biochemical and cellular changes and pulmonary structural changes; and (c) Contribution to atmospheric discoloration.

Sulfur
Dioxide
(SO2)

0.25 ppm / 1‐hour

0.04 ppm / 24‐hour
75 ppb / 1‐hour

0.14 ppm/annual
(a) Bronchoconstriction accompanied by symptoms which
may include wheezing, shortness of breath and chest
tightness, during exercise or physical activity in persons with asthma.

Suspended
Particulate
Matter
(PM10)
50 µg/m3 / 24‐hour
20 µg/m3 / annual
150 µg/m3 / 24‐
hour
(a) Exacerbation of symptoms in sensitive patients with respiratory or cardiovascular disease; (b) Declines in
pulmonary function growth in children; and (c) Increased risk of premature death from heart or lung diseases in elderly. 596

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Air
Pollutant
Concentration / Averaging Time
Most Relevant Effects
California
Standards
Federal Primary
Standards
Suspended
Particulate
Matter
(PM2.5)
12 µg/m3 / annual 35 µg/m3 / 24‐hour
12 µg/m3 / annual
Sulfates 25 µg/m3 / 24‐hour No Federal
Standards
(a) Decrease in ventilatory function; (b) Aggravation of asthmatic symptoms; (c ) Aggravation of cardio‐pulmonary disease; (d) Vegetation damage; (e) Degradation of visibility; and (f) Property damage.

Lead 1.5 µg/m3 / 30‐day   0.15 µg/m3 /3‐
month rolling
(a) Learning disabilities; and (b) Impairment of blood
formation and nerve conduction.

Visibility
Reducing
Particles
Extinction
coefficient of 0.23
per kilometer ‐
visibility of ten miles
or more due to
particles when
relative humidity is
less than 70 percent.

No Federal
Standards
Visibility impairment on days when relative humidity is less than 70 percent.

Source: http://www.arb.ca.gov/research/aaqs/aaqs2.pdf .

As part of its enforcement responsibilities, the EPA requires each state with federal nonattainment areas to prepare and submit a State Implementation Plan (SIP) that demonstrates the means to attain the national standards.   The SIP must integrate federal, state, and local components and regulations to identify specific measuresto reduce pollution, using a combination of performance standards and market‐ based programs within the timeframe identified in the SIP.  The CARB defines attainment as the category given to an area with no violations in the past three years.

As indicated below in Table C, the Mojave Desert Air Basin (MDAB) has been designated by EPA for the national standards as a non‐attainment area for ozone and PM10.  Currently, the MDAB is in attainment with the national ambient air quality standards for PM2.5, CO, SO2, and NO2.

Table C – Mojave Desert Air Basin Attainment Status
Pollutant Federal Designation State Designation
Ozone (O3) Non‐attainment* Non‐attainment
Respirable Particulate Matter (PM10) Non‐attainment** Non‐attainment Fine Particulate Matter (PM2.5) Unclassified/Attainment Non‐attainment* Carbon Monoxide (CO) Unclassified/Attainment Attainment Nitrogen Dioxide (NO2) Unclassified/Attainment Attainment Sulfur Dioxide (SO2) Unclassified/Attainment Attainment * Southwest corner of desert portion of San Bernardino County only; ** San Bernardino County portion only
Source: https://www.mdaqmd.ca.gov/home/showpublisheddocument/1267/636337468837000000 597

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4.2 State – California Air Resources Board
The CARB, which is a part of the California Environmental Protection Agency (CalEPA), is responsible for the coordination and administration of both federal and state air pollution control programs within California.  In this capacity, the CARB conducts research, sets the California Ambient Air Quality Standards (CAAQS), compiles emission inventories, developssuggested control measures, provides oversight of local programs, and preparesthe SIP.  The CAAQS for criteria pollutants are shown above in Table B.  In addition, the CARB establishes emission standards for motor vehicles sold in California, consumer products (e.g. hairspray, aerosol paints, and barbeque lighter fluid), and various types of commercial equipment.  It also sets fuel specifications to further reduce vehicular emissions.

The Air Basin has been designated by the CARB as a non‐attainment area for ozone, PM10 and PM2.5.

Currently, the Air Basin is in attainment with the ambient air quality standards for CO, NO2, SO2, lead, and sulfates and is unclassified for visibility reducing particles and Hydrogen Sulfide.

The following lists the State of California Code of Regulations (CCR) air quality emission rules that are applicable, but not limited to all warehouse projects in the State.

Assembly Bill 2588
The Air Toxics “Hot Spots” Information and Assessment Act (Assembly Bill [AB] 2588, 1987, Connelly) was enacted in 1987 as a meansto establish a formal air toxics emission inventory risk quantification program.

AB 2588, as amended, establishes a process that requires stationary sources to report the type and quantities of certain substances their facilities routinely release in California.  The data is ranked by high, intermediate, and low categories, which are determined by: the potency, toxicity, quantity, volume, and proximity of the facility to nearby receptors.

CARB Regulation for In‐Use Off‐Road Diesel Vehicles
On July 26, 2007, the CARB adopted CCR Title 13, Article 4.8, Chapter 9, Section 2449 to reduce DPM and NOx emissions from in‐use off‐road heavy‐duty diesel vehicles in California.  Such vehicles are used in construction, mining, and industrial operations.   The regulation limits idling to no more than five consecutive minutes, requires reporting and labeling, and requires disclosure of the regulation upon vehicle sale.  Performance requirements of the rule are based on a fleet’s average NOx emissions, which can be met by replacing older vehicles with newer, cleaner vehicles or by applying exhaust retrofits.  The regulation was amended in 2010 to delay the original timeline of the performance requirement making the first compliance deadline January 1, 2014 for large fleets (over 5,000 horsepower), 2017 for medium fleets (2,501‐5,000 horsepower), and 2019 for small fleets (2,500 horsepower or less).  Currently, no commercial operation in California may add any equipment to their fleet that has a Tier 0 or Tier 1 engine.

By January 1, 2018 medium and large fleets will be restricted from adding Tier 2 engines to their fleets and by January 2023, no commercial operation will be allowed to add Tier 2 engines to their fleets.  It should be noted that commercial fleets may continue to use their existing Tier 0 and 1 equipment, if they can demonstrate that the average emissions from their entire fleet emissions meet the NOx emissions targets.

CARB Resolution 08‐43 for On‐Road Diesel Truck Fleets
On December 12, 2008 the CARB adopted Resolution 08‐43, which limits NOx, PM10 and PM2.5 emissions from on‐road diesel truck fleets that operate in California. On October 12, 2009 Executive Order R‐09‐010 was adopted that codified Resolution 08‐43 into Section 2025, title 13 of the California Code of 598

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Regulations.  This regulation requires that by the year 2023 all commercial diesel trucks that operate in California shall meet model year 2010 (Tier 4 Final) or latter emission standards.  In the interim period, this regulation provides annual interim targets for fleet owners to meet.  By January 1, 2014, 50 percent of a truck fleet is required to have installed Best Available Control Technology (BACT) for NOx emissions and 100 percent of a truck fleet installed BACT for PM10 emissions.  This regulation also provides a few exemptions including a onetime per year 3‐day pass for trucks registered outside of California.  All on‐ road diesel trucks utilized during construction of the proposed project will be required to comply with Resolution 08‐43.

4.3 Regional – Mojave Desert Air Basin
The MDAQMD is the agency principally responsible for comprehensive air pollution control in the San Bernardino County portion of the MDAB.  To that end, as a regional agency, the MDAQMD works directly with the County and incorporated communities as well as the military bases within the MDAB to control air emissions within the MDAB.  The MDAQMD has adopted a variety of attainment plans for a variety of non‐attainment pollutants, which are detailed in Table D.

Table D – MDAQMD Attainment Plans
Name of Plan
Date of
Adoption
Standard(s)
Targeted
Applicable Area Pollutant(s)
Target
Attainment
Date*
70 ppb Ozone Standard Implement
Evaluation 28‐Oct‐19 Federal eight
hour ozone
Entire District NOx and

VOC N/A
MDAQMD Federal 75 ppb Ozone
Attainment Plan (Western Mojave
Desert Nonattainment Area)
27‐Feb‐17
Federal eight
hour ozone (75
ppb)
Western Mojave
Desert Non‐
attainment Area
NOx and
VOC 2027
Federal 8‐Hour Ozone Attainment
Plan (Western Mojave Desert Non‐
attainment Area)
9‐Jun‐08
Federal eight
hour ozone (84
ppb)
Western Mojave
Desert Non‐
attainment Area
NOx and
VOC 2021
2004 Ozone Attainment Plan (State
and Federal) 26‐Apr‐04 Federal one
hour ozone
Entire District NOx and
VOC 2007
Attainment Demonstration
Maintenance Plan, and Redesignation
Request for the Trona Portion of the
Searles Valley PM10 Non‐attainment
Area
25‐Mar‐96 Federal daily
and annual PM10
Searles Valley
Planning Area PM10 N/A
Triennial Revision to the 1991 Air
Quality Attainment Plan 22‐Jan‐96 State one hour
ozone
Entire District NOx and
VOC 2005
Mojave Desert Planning Area Federal
Particulate Matter Attainment Plan 31‐Jul‐95 Federal daily and annual PM10
Mojave Desert
Planning Area PM10 2000
Searles Valley PM10 Plan 28‐Jun‐95 Federal daily
and annual PM10
Searles Valley
Planning Area PM10 1994
Post 1996 Attainment Demonstration
and Reasonable Further Progress Plan 26‐Oct‐94 Federal one hour ozone
Southeast Desert
Modified AQMA
NOx and
VOC 2007
Reasonable Further Progress Rate‐Of‐
Progress Plan 26‐Oct‐94 Federal one
hour ozone
Southeast Desert
Modified AQMA
NOx and
VOC 2007
1991 Air Quality Attainment Plan 26‐Aug‐91 State one hour ozone
San Bernardino
County portion
NOx and
VOC 1994
*Note: A historical attainment date given in an attainment plan does not necessarily mean that the affected area has been re‐designated to attainment; please refer to Table C.
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In addition to the above attainment plans, the MDAQMD has adopted the following rules that are applicable to the proposed project.

Rule 401 – Visible Emissions
Rule 401 limits the discharge of any emissions source, including fugitive dust, for a period of more than three minutes in any hour, which creates an observable opacity of 20 percent or more (as dark in shade as No. 1 on the Ringelmann Chart).

Rule 402 ‐ Nuisance
Rule 402 prohibits a person from discharging from any source whatsoever such quantities of air contaminants or other material which causes injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. Compliance with Rule 402 will reduce local air quality and odor impacts to nearby sensitive receptors.

Rules 403 and 403.2 ‐ Fugitive Dust
Rule 403 governs emissions of fugitive dust during construction activities and requiresthat no person shall cause or allow the emissions of fugitive dust from any transport, handling, construction or storage activity such that dust remains visible in the atmosphere beyond the property line of the emissions source.

Compliance with this rule is achieved through application of standard Best Available Control Measures, which include but are not limited to the measures below.  Compliance with these rules would reduce local air quality impacts to nearby sensitive receptors.
 Do not allow any track out of material onto public roadways and remove all track out at the end of each workday.
 Cover loaded haul vehicles while operating on public roads.  Use periodic watering on active sites and pre‐water all areas prior to clearing and soil moving activities.
 Apply nontoxic chemical stabilizers according to manufacturer specifications to all construction areas.
 Replant all disturbed area as soon as practical.
 Suspend all grading activities during high wind conditions.

Rule 442 – Usage of Solvents
Rule 442 governs the use manufacturing of paint thinners and multi‐purpose solvents that are used in thinning of coating materials, cleaning of coating application equipment, and other solvent cleaning operations.  This rule regulates the VOC content of solvents used during construction.  Solvents used during construction and operation of the proposed project must comply with MDAQMD Rule 442.

Rules 1103 – Cutback and Emulsified Asphalt
Rule 1103 governs the sale, use, and manufacturing of asphalt and limits the VOC content in asphalt.  This rule regulates the VOC contents of asphalt used during construction as well as any on‐going maintenance during operations.  Therefore, all asphalt used during construction and operation of the proposed project must comply with MDAQMD Rule 1103.
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Rule 1113 – Architectural Coatings
Rule 1113 governs the sale, use, and manufacturing of architectural coatings and limits the VOC content in sealers, coatings, paints and solvents.  This rule regulates the VOC contents of paints available during construction.  Therefore, all paints and solvents used during construction and operation of the proposed project must comply with MDAQMD Rule 1113.

Southern California Association of Governments
The SCAG is the regional planning agency for Los Angeles, Orange, Ventura, Riverside, San Bernardino, and Imperial Counties and addresses regional issues relating to transportation, the economy, community development and the environment.  SCAG is the federally designated Metropolitan Planning Organization (MPO) for the majority of the southern California region and isthe largest MPO in the nation.  With respect to air quality planning, SCAG has prepared the 2020‐2045 Regional Transportation Plan/Sustainable Communities Strategy (Connect SoCal), adopted September 3, 2020 and the 2019 Federal Transportation Improvement Program (2019 FTIP), adopted September 2018, which addresses regional development and growth forecasts.  Although the Connect SoCal and 2019 FTIP are primarily planning documents for future transportation projects a key component of these plans are to integrate land use planning with transportation planning that promotes higher density infill development in close proximity to existing transit service.   These plans will be utilized to form the basis for the land use and transportation components for the next update of the AQMP.  However, it should be noted that the current 2016 AQMP, utilized the prior 2016‐2040 Regional Transportation Plan/Sustainable Communities Strategy (2016 RTP/SCS), adopted April, 2016 and the 2015 Federal Transportation Improvement Program (2015 FTIP), adopted October 2013 in the preparation of air quality forecasts and in the consistency analysis included in the AQMP.  The 2016 RTP/SCS, 2015 FTIP, Connect SoCal, and 2019 FTIP are based on projections originating within the City and County General Plans.
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5.0 ENERGY CONSERVATION MANAGEMENT
The regulatory setting related to energy conservation is primarily addressed through State and City regulations, which are discussed below.

5.1 State
Energy conservation management in the State was initiated by the 1974 Warren‐Alquist State Energy Resources Conservation and Development Act that created the California Energy Resource Conservation and Development Commission (currently named California Energy Commission [CEC]), which was originally tasked with certifying new electric generating plants based on the need for the plant and the suitability of the site of the plant.   In 1976 the Warren‐Alquist Act was expanded to include new restrictions on nuclear generating plants, that effectively resulted in a moratorium of any new nuclear generating plants in the State. The following details specific regulations adopted by the State in order to reduce the consumption of energy.

California Code of Regulations (CCR) Title 20
On November 3, 1976 the CEC adopted the Regulations for Appliance Efficiency Standards Relating to Refrigerators, Refrigerator‐Freezers and Freezers and Air Conditioners, which were the first energy‐ efficiency standardsfor appliances.  The appliance efficiency regulations have been updated several times by the Commission and the most current version is the 2016 Appliance Efficiency Regulations, adopted January 2017 and now includes almost all types of appliances and lamps that use electricity, natural gas as well as plumbing fixtures. The authority for the CEC to control the energy‐efficiency of appliances is detailed in California Code of Regulations (CCR), Title 20, Division 2, Chapter 4, Article 4, Sections 1601‐ 1609.

California Code of Regulations (CCR) Title 24, Part 6
The CEC is also responsible for implementing the CCR Title 24, Part 6: California’s Energy Efficiency Standards for Residential and Nonresidential Buildings (Title 24 Part 6) that were first established in 1978 in response to a legislative mandate to reduce California’s energy consumption.  In 2008 the State set an energy‐use reduction goal of zero‐net‐energy use of all new homes by 2020 and the CEC was mandated to meet this goal through revisions to the Title 24, Part 6 regulations.

The Title 24 standards are updated on a three‐year schedule and since 2008 the standards have been incrementally moving to the 2020 goal of the zero‐net‐energy use.  On January 1, 2020 the 2019 standards went into effect, that have been designed so that the average new home built in California will now use zero‐net‐energy and that non‐residential buildings will use about 30 percent less energy than the 2016 standards due mainly to lighting upgrades. The 2019 standards also encourage the use of battery storage and heat pump water heaters, require the more widespread use of LED lighting, as well as improve the building’s thermal envelope through high performance attics, walls and windows.  The 2019 standards also require improvements to ventilation systems by requiring highly efficient air filters to trap hazardous air particulates as well as improvements to kitchen ventilation systems.

California Code of Regulations (CCR) Title 24, Part 11
CCR Title 24, Part 11: California Green Building Standards (CalGreen) was developed in response to continued efforts to reduce GHG emissions associated with energy consumption. The CalGreen Building 602

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Standards are also updated every three years and the current version isthe 2019 California Green Building Standard Code that become effective on January 1, 2020.

The CALGreen Code contains requirements for construction site selection; storm water control during construction; construction waste reduction; indoor water use reduction; material selection; natural resource conservation; site irrigation conservation; and more. The code provides for design options allowing the designer to determine how best to achieve compliance for a given site or building condition.

The code also requires building commissioning, which is a process for verifying that all building systems (e.g., heating and cooling equipment and lighting systems) are functioning at their maximum efficiency.

The CALGreen Code provides standards for bicycle parking, carpool/vanpool/electric vehicle spaces, light and glare reduction, grading and paving, energy efficient appliances, renewable energy, graywater systems, water efficient plumbing fixtures, recycling and recycled materials, pollutant controls (including moisture control and indoor air quality), acoustical controls, storm water management, building design, insulation, flooring, and framing, among others. Implementation of the CALGreen Code measuresreduces energy consumption and vehicle trips and encourages the use of alternative‐fuel vehicles, which reduces pollutant emissions.

Some of the notable changes in the 2019 CALGreen Code over the prior 2016 CALGreen Code include: an alignment of building code engineering requirements with the national standards that include anchorage requirements for solar panels, provides design requirements for buildings in tsunami zones, increases Minimum Efficiency Reporting Value (MERV) for air filtersfrom 8 to 13, increased electric vehicle charging requirements in parking areas, and sets minimum requirements for use of shade trees.

Executive Order N‐79‐20
The California Governor issued Executive Order N‐79‐20 on September 23, 2020 that requires all new passenger cars and trucks and commercial drayage trucks sold in California to be zero‐emissions by the year 2035 and all medium‐ heavy‐duty vehicles (commercial trucks) sold in the state to be zero‐emission by 2045 for all operations where feasible.  Executive Order N‐79‐20 also requires all off‐road vehicles and equipment to transition to 100 percent zero‐emission equipment, where feasible by 2035.

Senate Bill 100 and Executive Order B‐55‐18
Senate Bill 100 (SB 100) was adopted September 2018 and the California Governor issued Executive Order B‐55‐18 in September 2018, shortly before the Global Climate Action Summit started in San Francisco. SB 100 and Executive Order B‐55‐18 requires that by December 1, 2045 that 100 percent of retail sales of electricity to be generated from renewable or zero‐carbon emission sources of electricity.   SB 100 supersedes the renewable energy requirements set by SB 350, SB 1078, SB 107, and SB X1‐2. However, the interim renewable energy thresholds from the prior Bills of 44 percent by December 31, 2024, 52 percent by December 31, 2027, and 60 percent by December 31, 2030, will remain in effect.

Executive Order B‐48‐18 and Assembly Bill 2127
The California Governor issued Executive Order B‐48‐18 on January 26, 2018 that orders all state entities to work with the private sector to put at least five million zero‐emission vehicles on California roads by 2030 and to install 200 hydrogen fueling stations and 250,000 electric vehicle chargers by 2025.  Currently there are approximately 350,000 electric vehicles operating in California, which represents approximately

1.5 percent of the 24 million vehicles total currently operating in California.  Implementation of Executive Order B‐48‐18 would result in approximately 20 percent of all vehicles in California to be zero emission 603

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electric vehicles.  Assembly Bill 2127 (AB 2127) was codified into statute on September 13, 2018 and requires that the California Energy Commission working with the State Air Resources Board prepare biannual assessments of the statewide electric vehicle charging infrastructure needed to support the levels ofzero emission vehicle adoption required for the State to meet its goals of putting at least 5 million zero‐emission vehicles on California roads by 2030.

Assembly Bill 1109
California Assembly Bill 1109 (AB 1109) was adopted October 2007, also known as the Lighting Efficiency and Toxics Reduction Act, prohibits the manufacturing of lights after January 1, 2010 that contain levels of hazardous substances prohibited by the European Union pursuant to the RoHS Directive.  AB 1109 also requiresreductionsin energy usage for lighting and isstructured to reduce lighting electrical consumption by: (1) At least 50 percent reduction from 2007 levels for indoor residential lighting; and (2) At least 25 percent reduction from 2007 levels for indoor commercial and all outdoor lighting by 2018.  AB 1109 would reduce GHG emissions through reducing the amount of electricity required to be generated by fossil fuels in California.

Assembly Bill 1493
California Assembly Bill 1493 (also known as the Pavley Bill, in reference to its author Fran Pavley) was enacted on July 22, 2002 and required CARB to develop and adopt regulations that reduce GHGs emitted by passenger vehicles and light duty trucks.  In 2004, CARB approved the “Pavley I” regulations limiting the amount of GHGs that may be released from new passenger automobiles that are being phased in between model years 2009 through 2016.  These regulations will reduce GHG emissions by 30 percent from 2002 levels by 2016. In June 2009, the EPA granted California the authority to implement GHG emission reduction standards for light duty vehicles, in September 2009, amendments to the Pavley I regulations were adopted by CARB and implementation of the “Pavley I” regulations started in 2009.

The second set of regulations “Pavley II” was developed in 2010, and is being phased in between model years 2017 through 2025 with the goal of reducing GHG emissions by 45 percent by the year 2020 as compared to the 2002 fleet.  The Pavley II standards were developed by linking the GHG emissions and formerly separate toxic tailpipe emissions standards previously known as the “LEV III” (third stage of the Low Emission Vehicle standards) into a single regulatory framework. The new rulesreduce emissionsfrom gasoline‐powered cars as well as promote zero‐emissions auto technologies such as electricity and hydrogen, and through increasing the infrastructure for fueling hydrogen vehicles. In 2009, the U.S. EPA granted California the authority to implement the GHG standards for passenger cars, pickup trucks and sport utility vehicles and these GHG emissions standards are currently being implemented nationwide.

However, EPA has performed a midterm evaluation of the longer‐term standards for model years 2022‐ 2025, and based on the findings of this midterm evaluation, the EPA proposed The Safer Affordable Fuel Efficient (SAFE) Vehicles Proposed Rule for Model Years 2021‐2026 that amends the corporate average fuel economy (CAFE) and GHG emissions standards for light vehicles for model years 2021 through 2026.

The EPA’s proposed amendments do not include any extension of the legal waiver granted to California by the 1970 Clean Air Act and which has allowed the State to set tighter standards for vehicle pipe emissions than the EPA standards.   On September 20, 2019, California filed suit over the EPA decision to revoke California’s legal waiver that has been joined by 22 other states. 604

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5.2 Local – City of Adelanto
The applicable energy plan for the proposed project is the Adelanto North 2035 Comprehensive Sustainable Plan, adopted August 27, 2014.     The applicable energy‐related goals and policies in the Sustainable Plan for the proposed warehouse are shown below.

Goal LC 4: Sustainability incorporated into land use patterns and development approaches.

Policy LC 4.3: Create a sustainable community that is responsive to the environmental, water, and energy conservation needs of the region and local area.

Policy LC 4.4: Promote the use of solar, wind, and other alternative energy generation systems as part of new planned development.

Goal LC 7: Passive solar design and green building practicestake advantage of Adelanto’ssolar and wind conditions.

Policy LC 7.1: Encourage the design and construction of buildings to go beyond the requirements of the CALGreen Building Code.

Policy LC 7.2: Orient buildings to take advantage of solar gain, thus allowing the absorption of the sun’s heat during colder months, while minimizing the sun’s heat during warmer months.

Policy LC 7.3: Encourage long overhangs to screen summer sun and allow for solar gain in the winter.

Policy LC 7.4: Orient buildings on an east‐west axis to minimize western exposure.

Policy LC 7.5: Take full advantage of the wind to cool buildings in the summer months, and where feasible, generate alternative energy.

Policy LC 7.7: Locate windows to maximize daylighting and views. Awnings, landscaping, spectrally selective glass, and controllable blinds should be provided to reduce heat gain through windows.

Policy LC 7.9: Encourage the building envelope to:
 Minimize heat loss and gain
 Reduce energy demand
 Maximize passive heating and cooling
 Minimize mechanical HVAC requirements
Policy LC 7.10: Promote glazing, size, and materials appropriate for window orientation, and promote the use of double or triple glazing wherever possible. Encourage every exterior window to be shaded appropriately for the window orientation.

Policy LC 7.11: Encourage the use of energy‐efficient heating, ventilation and air conditioning (HVAC) Systems and electrical systems.

Goal OS 3: Energy conservation and renewable energy production is maximized to reduce natural resources and fossil fuels consumption.

Policy OS 3.1: Promote the use of renewable energy and support efforts to develop small‐scale, distributed energy (e.g., solar power and wind power) to reduce the amount of electricity drawn from the regional power grid, while providing Adelanto with a greater degree of energy self‐sufficiency.
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Policy OS 3.2: Encourage new warehousing, manufacturing, industrial, and large commercial retail buildings to be designed to accommodate future rooftop solar panel systems.

Policy OS 3.5: Require all new development to provide site design and building orientation that take into account passive solar design to reduce heating and cooling loads through energy‐ efficiency strategies.

Policy OS 3.8: Conserve energy by promoting efficient and cost‐effective lighting that reduces glare and light pollution.

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6.0 GLOBAL CLIMATE CHANGE MANAGEMENT
The regulatory setting related to global climate change is addressed through the efforts of various international, federal,state, regional, and local government agencies.  These agencies work jointly, as well as individually, to reduce GHG emissions through legislation, regulations, planning, policy‐making, education, and a variety of programs.  The agencies responsible for global climate change regulations are discussed below.

6.1 International
In 1988, the United Nations established the IPCC to evaluate the impacts of global climate change and to develop strategies that nations could implement to curtail global climate change.  In 1992, the United States joined other countries around the world in signing the United Nations’ Framework Convention on Climate Change (UNFCCC) agreement with the goal of controlling GHG emissions.   The parties of the UNFCCC adopted the Kyoto Protocol, which set binding GHG reduction targets for 37 industrialized countries, the objective of reducing their collective GHG emissions by five percent below 1990 levels by 2012.  The Kyoto Protocol has been ratified by 182 countries, but has not been ratified by the United States.  It should be noted that Japan and Canada opted out of the Kyoto Protocol and the remaining developed countries that ratified the Kyoto Protocol have not met their Kyoto targets. The Kyoto Protocol expired in 2012 and the amendment for the second commitment period from 2013 to 2020 has not yet entered into legal force.  The Parties to the Kyoto Protocol negotiated the Paris Agreement in December 2015, agreeing to set a goal of limiting global warming to less than 2 degrees Celsius compared with pre‐ industrial levels. The Paris Agreement has been adopted by 195 nations with 147 ratifying it, including the United States by President Obama, who ratified it by Executive Order on September 3, 2016.  On June 1, 2017, President Trump announced that the United States is withdrawing from the Paris Agreement and on January 21, 2021 President Biden signed an executive order rejoining the Paris Agreement.

Additionally, the Montreal Protocol was originally signed in 1987 and substantially amended in 1990 and 1992.  The Montreal Protocol stipulates that the production and consumption of compounds that deplete ozone in the stratosphere—CFCs, halons, carbon tetrachloride, and methyl chloroform—were to be phased out, with the first three by the year 2000 and methyl chloroform by 2005.

6.2 Federal – United States Environmental Protection Agency The United States Environmental Protection Agency (EPA) is responsible for implementing federal policy to address global climate change.  The Federal government administers a wide array of public‐private partnerships to reduce U.S. GHG intensity.  These programsfocus on energy efficiency, renewable energy, methane, and other non‐CO2 gases, agricultural practices and implementation of technologies to achieve GHG reductions.   EPA implements several voluntary programs that substantially contribute to the reduction of GHG emissions.

In Massachusetts v. Environmental Protection Agency (Docket No. 05–1120), argued November 29, 2006 and decided April 2, 2007, the U.S. Supreme Court held that not only did the EPA have authority to regulate greenhouse gases, but the EPA's reasons for not regulating this area did not fit the statutory requirements.  As such, the U.S. Supreme Court ruled that the EPA should be required to regulate CO2 and other greenhouse gases as pollutants under the federal Clean Air Act (CAA). 607

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In response to the FY2008 Consolidations Appropriations Act (H.R. 2764; Public Law 110‐161), EPA proposed a rule on March 10, 2009 that requires mandatory reporting of GHG emissions from large sources in the United States.  On September 22, 2009, the Final Mandatory Reporting of GHG Rule was signed and published in the Federal Register on October 30, 2009.  The rule became effective on December 29, 2009.  This rule requires suppliers of fossil fuels or industrial GHGs, manufacturers of vehicles and engines, and facilities that emit 25,000 metric tons or more per year of GHG emissions to submit annual reports to EPA.

On December 7, 2009, the EPA Administrator signed two distinct findings under section 202(a) of the Clean Air Act.  One is an endangermentfinding that finds concentrations of the six GHGsin the atmosphere threaten the public health and welfare of current and future generations.   The other is a cause or contribute finding, that finds emissions from new motor vehicles and new motor vehicle engines contribute to the GHG pollution which threatens public health and welfare.  These actions did not impose any requirements on industry or other entities, however, since 2009 the EPA has been providing GHG emission standards for vehicles and other stationary sources of GHG emissions that are regulated by the EPA. On September 13, 2013 the EPA Administrator signed 40 CFR Part 60, that limits emissions from new sources to 1,100 pounds of CO2 per mega‐watt hour (MWh) for fossil fuel‐fired utility boilers and 1,000 pounds of CO2 per MWh for large natural gas‐fired combustion units.

On August 3, 2015, the EPA announced the Clean Power Plan, emissions guidelinesfor U.S.statesto follow in developing plans to reduce GHG emissions from existing fossil fuel‐fired power plants (Federal Register Vol. 80, No. 205, October 23 2015).   On October 11, 2017, the EPA issued a formal proposal to repeal the Clean Power Plan and on June 19, 2019 the EPA replaced the Clean Power Plan with the Affordable Clean Energy rule that is anticipated to lower power sector GHG emissions by 11 million tons by the year 2030.

On April 30, 2020, the EPA and the National Highway Safety Administration published the Final Rule for the Safer Affordable Fuel‐Efficient (SAFE) Vehicles Rule for Model Years 2021‐2026 Passenger Cars and Light Trucks (SAFE Vehicles Rule). Part One of the Rule revokes California’s authority to set its own GHG emissions standards and zero‐emission vehicle mandates in California, which results in one emission standard to be used nationally for all passenger cars and light trucks that is set by the EPA.

6.3 State
The CARB has the primary responsible for implementing state policy to address global climate change, however there are State regulations related to global climate change that affect a variety of State agencies.  CARB, which is a part of the California Environmental Protection Agency, is responsible for the coordination and administration of both the federal and state air pollution control programs within California.  In this capacity, the CARB conducts research, sets California Ambient Air Quality Standards (CAAQS), compiles emission inventories, developssuggested control measures, provides oversight of local programs, and prepares the SIP.  In addition, the CARB establishes emission standards for motor vehicles sold in California, consumer products (e.g. hairspray, aerosol paints, and barbeque lighter fluid), and various types of commercial equipment.   It also sets fuel specifications to further reduce vehicular emissions.

In 2008, CARB approved a Climate Change Scoping Plan that proposes a “comprehensive set of actions designed to reduce overall carbon GHG emissions in California, improve our environment, reduce our dependence on oil, diversify our energy sources,save energy, create new jobs, and enhance public health” (CARB 2008). The Climate Change Scoping Plan has a range of GHG reduction actions which include direct 608

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regulations; alternative compliance mechanisms; monetary and non‐monetary incentives; voluntary actions; market‐based mechanisms such as a cap‐and‐trade system. In 2014, CARB approved the First Update to the Climate Change Scoping Plan (CARB, 2014) that identifies additional strategies moving beyond the 2020 targets to the year 2050. On December 14, 2017 CARB adopted the California’s 2017 Climate Change Scoping Plan, November 2017 (CARB, 2017) that provides specific statewide policies and measures to achieve the 2030 GHG reduction target of 40 percent below 1990 levels by 2030 and the aspirational 2050 GHG reduction target of 80 percent below 1990 levels by 2050.  In addition, the State has passed the following laws directing CARB to develop actionsto reduce GHG emissions, which are listed below in chronological order, with the most current first.

Executive Order N‐79‐20
EO N‐79‐20 establish targets for when all new vehicles and equipment are zero‐emission and is described in more detail above in Section 5.1 under Energy Conservation Management.

California Code of Regulations (CCR) Title 24, Part 6
The Title 24 Part 6 standards have been developed by the CEC primarily for energy conservation and is described in more detail above in Section 5.1 under Energy Conservation Management.  Itshould be noted that implementation of the Title 24 Part 6 building standards would also reduce GHG emissions, since as detailed above in Section 3.3 Greenhouse Gas Emissions Inventory, energy use for residential and commercial buildings creates 9.7 percent of the GHG emissions in the State.

California Code of Regulations (CCR) Title 24, Part 11
The CalGreen Building standards have been developed by the CEC primarily for energy conservation and is described in more detail above in Section 5.1 under Energy Conservation Management.  It should be noted that implementation of the CalGreen Building standards would also reduce GHG emissions, since as detailed above under Title 24, Part 6, energy usage from buildings creates 9.7 percent of GHG emissions in the State.

Senate Bill 100
SB 100 requires that by December 1, 2045 that 100 percent of retail sales of electricity to be generated from renewable or zero‐carbon emission sources of electricity and is described in more detail above in Section 5.1 under Energy Conservation Management.

Executive Order B‐48‐18 and Assembly Bill 2127
Executive Order B‐48‐18 and AB 2127 provides measuresto put at least five million zero‐emission vehicles on California roads by 2030 and to install 200 hydrogen fueling stations and 250,000 electric vehicle chargers by 2025 and is described in more detail above in Section 5.1 under Energy Conservation Management.

Executive Order B‐30‐15, Senate Bill 32 and Assembly Bill 197 The California Governor issued Executive Order B‐30‐15 on April 29, 2015 that aims to reduce California’s GHG emissions 40 percent below 1990 levels by 2030.   This executive order aligns California’s GHG reduction targets with those of other international governments, such as the European Union that set the same target for 2030 in October, 2014.  This target will make it possible to reach the ultimate goal of reducing GHG emissions 80 percent under 1990 levels by 2050 that is based on scientifically established levels needed in the U.S.A to limit global warming below 2 degrees Celsius – the warming threshold at 609

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which scientists say there will likely be major climate disruptions such as super droughts and rising sea levels.  Assembly Bill 197 (AB 197) (September 8, 2016) and Senate Bill 32 (SB 32) (September 8, 2016) codified into statute the GHG emissionsreduction targets of at least 40 percent below 1990 levels by 2030 as detailed in Executive Order B‐30‐15.  AB 197 also requires additional GHG emissions reporting that is broken down to sub‐county levels and requires CARB to consider the social costs of emissions impacting disadvantaged communities.

Executive Order B‐29‐15
The California Governor issued Executive Order B‐29‐15 on April 1, 2015 and directed the State Water Resources Control Board to impose restrictions to achieve a statewide 25% reduction in urban water usage and directed the Department of Water Resources to replace 50 million square feet of lawn with drought tolerant landscaping through an update to the State’s Model Water Efficient Landscape Ordinance. The Ordinance also requires installation of more efficient irrigation systems, promotion of greywater usage and onsite stormwater capture, and limits the turf planted in new residential landscapes to 25 percent of the total area and restricts turf from being planted in median strips or in parkways unless the parkway is next to a parking strip and a flat surface is required to enter and exit vehicles. Executive Order B‐29‐15 would reduce GHG emissions associated with the energy used to transport and filter water.

Assembly Bill 341 and Senate Bills 939 and 1374
Senate Bill 939 (SB 939) requires that each jurisdiction in California to divert at least 50 percent of its waste away from landfills, whether through waste reduction, recycling or other means.  Senate Bill 1374 (SB 1374) requires the California Integrated Waste Management Board to adopt a model ordinance by March 1, 2004 suitable for adoption by any local agency to require 50 to 75 percent diversion of construction and demolition of waste materials from landfills.  Assembly Bill 341 (AB 341) was adopted in 2011 and builds upon the waste reduction measures of SB 939 and 1374, and set a new target of a 75 percent reduction in solid waste generated by the year 2020.

Senate Bill 375
Senate Bill 375 (SB 375) was adopted September 2008 in order to support the State’s climate action goals to reduce GHG emissions from transportation sources through coordinated regional transportation planning efforts, regional GHG emission reduction targets, and land use and housing allocation.  SB 375 requires CARB to set regional targets for GHG emissions reductions from passenger vehicle use. In 2010, CARB established targets for 2020 and 2035 for each Metropolitan Planning Organizations (MPO) within the State. It was up to each MPO to adopt a sustainable communities strategy (SCS) that will prescribe land use allocation in that MPOs Regional Transportation Plan (RTP) to meet CARB’s 2020 and 2035 GHG emission reduction targets.  These reduction targets are required to be updated every eight years and the most current targets are detailed at: https://ww2.arb.ca.gov/our‐work/programs/sustainable‐ communities‐program/regional‐plan‐targets, which provides GHG emissions reduction targets for SCAG of 8 percent by 2020 and 19 percent by 2035.

The Connect SoCal (SCAG, 2020) provides a 2035 GHG emission reduction target of 19 percent reduction over the 2005 per capita emissions levels.   The Connect SoCal include new initiatives of land use, transportation and technology to meet the 2035  new 19 percent GHG emission reduction target for 2035.

CARB is also charged with reviewing SCAG’s RTP/SCS for consistency with its assigned targets.

City and County land use policies, including General Plans, are not required to be consistent with the RTP and associated SCS.   However, new provisions of CEQA incentivize, through streamlining and other 610

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provisions, qualified projects that are consistent with an approved SCS and categorized as “transit priority projects.”
Assembly Bill 1109
AB 1109 requires reductions in energy usage for lighting and is described in more detail above in Section

5.1 under Energy Conservation Management.

Executive Order S‐1‐07
Executive Order S‐1‐07 wasissued in 2007 and proclaimsthat the transportation sector is the main source of GHG emissions in the State, since it generates more than 40 percent of the State’s GHG emissions.  It establishes a goal to reduce the carbon intensity of transportation fuels sold in the State by at least ten percent by 2020.  This Executive Order also directs CARB to determine whether this Low Carbon Fuel Standard (LCFS) could be adopted as a discrete early‐action measure as part of the effort to meet the mandates in AB 32.

In 2009 CARB approved the proposed regulation to implement the LCFS.  The standard was challenged in the courts, but has been in effect since 2011 and was re‐approved by the CARB in 2015. The LCFS is anticipated to reduce GHG emissions by about 16 MMT per year by 2020.  The LCFS is designed to provide a framework that uses market mechanisms to spur the steady introduction of lower carbon fuels.  The framework establishes performance standards that fuel producers and importers must meet annually.

Reformulated gasoline mixed with corn‐derived ethanol and low‐sulfur diesel fuel represent the baseline fuels.   Lower carbon fuels may be ethanol, biodiesel, renewable diesel, or blends of these fuels with gasoline or diesel. Compressed natural gas and liquefied natural gas also may be low‐carbon fuels.

Hydrogen and electricity, when used in fuel cells or electric vehicles, are also considered as low‐carbon fuels.

Senate Bill 97
Senate Bill 97 (SB 97) was adopted August 2007 and acknowledges that climate change is a prominent environmental issue that requires analysis under CEQA.  SB 97 directed the Governor’s Office of Planning and Research (OPR), which is part of the State Natural Resources Agency, to prepare, develop, and transmit to CARB guidelines for the feasible mitigation of GHG emissions or the effects of GHG emissions, as required by CEQA, by July 1, 2009.  The Natural Resources Agency was required to certify and adopt those guidelines by January 1, 2010.

Pursuant to the requirements of SB 97 as stated above, on December 30, 2009 the Natural Resources Agency adopted amendments to the State CEQA guidelines that addresses GHG emissions.  The CEQA Guidelines Amendments changed 14 sections of the CEQA Guidelines and incorporated GHG language throughout the Guidelines.  However, no GHG emissions thresholds of significance were provided and no specific mitigation measures were identified.  The GHG emission reduction amendments went into effect on March 18, 2010 and are summarized below:
 Climate Action Plans and other greenhouse gasreduction plans can be used to determine whether a project has significant impacts, based upon its compliance with the plan.  Local governments are encouraged to quantify the GHG emissions of proposed projects, noting that they have the freedom to select the models and methodologies that best meet their needs and circumstances.  The section also recommends consideration ofseveral qualitative factorsthat may be used in the determination of significance, such as the extent to which the given project 611

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complies with state, regional, or local GHG reduction plans and policies.  OPR does not set or dictate specific thresholds of significance.   Consistent with existing CEQA Guidelines, OPR encourages local governments to develop and publish their own thresholds of significance for GHG impacts assessment.
 When creating their own thresholds of significance, local governments may consider the thresholds of significance adopted or recommended by other public agencies, or recommended by experts.
 New amendments include guidelines for determining methods to mitigate the effects of GHG emissions in Appendix F of the CEQA Guidelines.
 OPR is clear to state that “to qualify as mitigation, specific measures from an existing plan must be identified and incorporated into the project; general compliance with a plan, by itself, is not mitigation.”
 OPR’s emphasizes the advantages of analyzing GHG impacts on an institutional, programmatic level.  OPR therefore approves tiering of environmental analyses and highlights some benefits of such an approach.
 Environmental impact reports must specifically consider a project's energy use and energy efficiency potential.

Assembly Bill 32
In 2006, the California State Legislature adopted AB 32, the California Global Warming Solutions Act of 2006.  AB 32 requires CARB, to adopt rules and regulations that would achieve GHG emissions equivalent to statewide levels in 1990 by 2020 through an enforceable statewide emission cap which will be phased in starting in 2012.  Emission reductions shall include carbon sequestration projects that would remove carbon from the atmosphere and utilize best management practices that are technologically feasible and cost effective.

In 2007 CARB released the calculated Year 1990 GHG emissions of 431 MMTCO2e.  The 2020 target of 431 MMTCO2e requiresthe reduction of 78 MMTCO2e, or approximately 16 percent from the State’s projected 2020 business as usual emissions of 509 MMTCO2e (CARB, 2014).  Under AB 32, CARB was required to adopt regulations by January 1, 2011 to achieve reductions in GHGs to meet the 1990 cap by 2020.  Early measures CARB took to lower GHG emissions included requiring operators of the largest industrial facilities that emit 25,000 metric tons of CO2 in a calendar year to submit verification of GHG emissions by December 1, 2010.   The CARB Board also approved nine discrete early action measures that include regulations affecting landfills, motor vehicle fuels, refrigerants in cars, port operations and other sources, all of which became enforceable on or before January 1, 2010.

CARB’s Scoping Plan that was adopted in 2009, proposes a variety of measures including: strengthening energy efficiency and building standards; targeted fees on water and energy use; a market‐based cap‐ and‐trade system; achieving a 33 percentrenewable energy mix; and a fee regulation to fund the program.

The 2014 update to the Scoping Plan identifies strategies moving beyond the 2020 targets to the year 2050.

The Cap‐and‐Trade Program established under the Scoping Plan sets a statewide limit on sources responsible for 85 percent of California’s GHG emissions, and has established a market for long‐term investment in energy efficiency and cleaner fuels since 2012. 612

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Executive Order S‐3‐05
In 2005 the California Governor issued Executive Order S 3‐05, GHG Emission, which established the following reduction targets:
 2010: Reduce greenhouse gas emissions to 2000 levels;  2020: Reduce greenhouse gas emissions to 1990 levels;  2050: Reduce greenhouse gas emissions to 80 percent below 1990 levels.

The Executive Order directed the secretary of the California Environmental Protection Agency (CalEPA) to coordinate a multi‐agency effort to reduce GHG emissions to the target levels.   To comply with the Executive Order, the secretary of CalEPA created the California Climate Action Team (CAT), made up of members from various state agencies and commissions.  The team released its first report in March 2006.

The report proposed to achieve the targets by building on the voluntary actions of businesses, local governments, and communities and through State incentive and regulatory programs. The State achieved its first goal of reducing GHG emissions to 2000 levels by 2010.

Assembly Bill 1493
AB 1493 or the Pavley Bill sets tailpipe GHG emissions limits for passenger vehicles in California as well as fuel economy standards and is described in more detail above in Section 5.1 under Energy Conservation Management.

6.4 Regional – Mojave Desert Air Quality Management District The MDAQMD is the agency principally responsible for comprehensive air pollution control that includes GHG emissions in the San Bernardino County portion of the MDAB.  To that end, as a regional agency, the MDAQMD works directly with the County and incorporated communities as well as the military bases within the MDAB to control GHG emissions within the MDAB. 613

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7.0 ATMOSPHERIC SETTING

7.1 Regional Climate
The project site is located within the San Bernardino County portion of the MDAB.   The MDAB is an assemblage of mountain ranges interspersed with long broad valleys that often contain dry lakes. Many of the lower mountains which dot the vast terrain rise from 1,000 to 4,000 feet above the valley floor.

Prevailing winds in the MDAB are out of the west and southwest. These prevailing winds are due to the proximity of the MDAB to coastal and central regions and the blocking nature of the Sierra Nevada Mountains to the north; air masses pushed onshore in southern California by differential heating are channeled through the MDAB. The MDAB is separated from the southern California coastal and central California valley regions by mountains (highest elevation approximately 10,000 feet), whose passes form the main channels for these air masses.

The Mojave Desert is bordered in the southwest by the San Bernardino Mountains, separated from the San Gabriel Mountains by the Cajon Pass (4,200 feet). A lesser channel lies between the San Bernardino Mountains and the Little San Bernardino Mountains (the Morongo Valley).

7.2 Local Climate
The project site is located within the Victor Valley portion of the Mojave Desert.  Hot summers, mild winters, infrequent rainfall, moderate afternoon breezes and generally fair weather characterize the climate of the Victor Valley, an interior sub‐climate of Southern California’s Mediterranean climate. The clouds and fog that form along the Southern California coastline rarely extend across the mountains to Victorville. The most important local weather pattern is associated with the funneling of the daily onshore sea breeze through El Cajon Pass into the upper desert to the northeast of the heavily developed portions of the Los Angeles Basin. This daily airflow brings polluted air into the area late in the afternoon from late spring to early fall. This transport pattern creates both unhealthful air quality as well as destroying the scenic vistas of the mountains surrounding the Victor Valley.

The temperature and precipitation levels for the Victorville Pump PT Monitoring Station, which is the nearest weatherstation to the projectsites with historical data are shown below in Table E.  Table E shows that July is typically the warmest month and January is typically the coolest month.  Rainfall in the project area varies considerably in both time and space.  Most of the annual rainfall comes from the fringes of mid‐latitude storms from late November to early April, with summers being mostly dry. 614

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Table E – Monthly Climate Data
Month
Average Maximum
Temperature (°F)
Average Minimum
Temperature (°F)
Average Total
Precipitation (inches)
Average Total Snow
Depth (inches)
January 58.8 29.8 0.95 0.9
February 62.1 33.1 1.05 0.0
March 67.0 36.6 0.80 0.1
April 74.2 41.5 0.36 0.0
May 82.7 47.9 0.13 0.0
June 91.6 54.3 0.04 0.0
July 98.1 60.8 0.14 0.0
August 97.2 60.2 0.21 0.0
September 91.3 54.1 0.23 0.0
October 80.2 44.4 0.32 0.0
November 67.3 34.5 0.50 0.2
December 59.4 29.2 0.79 0.1
Annual 77.5 43.9 5.52 1.4
Source: https://wrcc.dri.edu/cgi‐bin/cliMAIN.pl?ca9325

7.3 Monitored Local Air Quality
The air quality at any site is dependent on the regional air quality and local pollutant sources.  Regional air quality is determined by the release of pollutants throughout the MDAB as well as from air pollutants that travel from the coastal areasto the MDAB.  The MDAQMD operates an extensive monitoring network throughout the County that continuously monitor ambient levels of criteria pollutants in compliance with federal monitoring regulations.  The nearest air monitoring station to the project site is the Victorville Monitoring Station (Victorville Station), which is located approximately 4.8 miles southeast of the project site at 14306 Park Avenue, Victorville.  The monitoring data is presented in Table F and shows the most recent three years of monitoring data from CARB.  CO measurements have not been provided, since CO is currently in attainment in the MDAB and monitoring of CO within the Air Basin ended on March 31, 2013.

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Table F – Local Area Air Quality Monitoring Summary
Pollutant  (Standard)
Year1
2018 2019 2020
Ozone:

Maximum 1‐Hour Concentration (ppm) 0.107 0.104 0.112
Days > CAAQS (0.09 ppm) 5 3 4
Maximum 8‐Hour Concentration (ppm) 0.096 0.081 0.094
Days > NAAQS (0.070 ppm) 55 29 35
Days > CAAQs (0.070 ppm) 56 34 38
Nitrogen Dioxide:

Maximum 1‐Hour Concentration (ppb) 51.4 56.0 59.4
Days > NAAQS (100 ppb) 0 0 0
Inhalable Particulates (PM10):

Maximum 24‐Hour National Measurement (ug/m3) 165.2 170.0 261.4 Days > NAAQS (150 ug/m3) 1 2 2
Days > CAAQS (50 ug/m3) ND ND ND
Annual Arithmetic Mean (AAM) (ug/m3) 29.8 27.2 34.0
Annual > NAAQS (50 ug/m3) No No No
Annual > CAAQS (20 ug/m3) Yes Yes Yes
Ultra‐Fine Particulates (PM2.5):

Maximum 24‐Hour National Measurement (ug/m3) 32.7 17.8 48.4 Days > NAAQS (35 ug/m3)   0 0 4
Annual Arithmetic Mean (AAM) (ug/m3) 7.9 7.0 9.7
Annual > NAAQS and CAAQS (12 ug/m3) No No No
Notes: Exceedances are listed in bold.  CAAQS = California Ambient Air Quality Standard; NAAQS = National Ambient Air Quality Standard; ppm = parts per million; ppb = parts per billion; ND = no data available. 1 Data obtained from the Victorville Station.

Source: http://www.arb.ca.gov/adam/
Ozone
The State 1‐hour concentration standard for ozone been exceeded between 3 and 5 days each year over the past three years at the Victorville Station.   The State 8‐hour ozone standard has been exceeded between 34 and 56 days each year over the past three years at the Victorville Station.  The Federal 8‐hour ozone standard has been exceeded between 29 and 55 days each year over the past three years at the Victorville Station.

Ozone is a secondary pollutant as it is not directly emitted. Ozone is the result of chemical reactions between other pollutants, most importantly hydrocarbons and NO2, which occur only in the presence of bright sunlight. Pollutants emitted from upwind cities react during transport downwind to produce the oxidant concentrations experienced in the area.  Many areas of Southern California contribute to the ozone levels experienced at this monitoring station, with the more significant areas being those directly upwind.
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Nitrogen Dioxide
The Victorville Station has not exceedance of the Federal 1‐hour NO2 standard for the last three years.

Particulate Matter
The Federal 24‐hour concentration standards for PM10 have been exceeded between 1 and 2 days each year over the past three years at the Victorville Station.  No data was available for the State 24‐hour concentration standards at the Victorville Station.   The annual PM10 concentration at the Victorville Station has not exceeded the Federal standards for the past three years.  The annual PM10 concentration at the Victorville Station has exceeded the State standards for the last three years.

Over the past three years the 24‐hour concentration standard for PM2.5 has been exceeded between 0 and 4 days over the past three years at the Victorville Station.  The annual PM2.5 concentration did not exceed either the State or Federal standard over the past three years.  There does not appear to be a noticeable trend for PM10 or PM2.5 in either maximum particulate concentrations or days of exceedances in the area.   Particulate levels in the area are due to natural sources, grading operations, and motor vehicles.

According to the EPA,some people are much more sensitive than othersto breathing fine particles (PM10 and PM2.5).  People with influenza, chronic respiratory and cardiovascular diseases, and the elderly may suffer worsening illness and premature death due to breathing these fine particles.  People with bronchitis can expect aggravated symptoms from breathing in fine particles.  Children may experience decline in lung function due to breathing in PM10 and PM2.5.  Other groups considered sensitive are smokers and people who cannot breathe well through their noses.  Exercising athletes are also considered sensitive, because many breathe through their mouths during exercise. 617

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8.0 MODELING PARAMETERS AND ASSUMPTIONS

8.1 CalEEMod Model Input Parameters
The criteria air pollution and GHG emissions impacts created by the proposed project have been analyzed through use of CalEEMod Version 2020.4.0.  CalEEMod is a computer model published by the SCAQMD for estimating air pollutant emissions.  The CalEEMod program uses the EMFAC2017 computer program to calculate the emission rates specific for the Mojave Desert portion of San Bernardino County for employee, vendor and haul truck vehicle trips and the OFFROAD2011 computer program to calculate emission rates for heavy equipment operations.  EMFAC2017 and OFFROAD2011 are computer programs generated by CARB that calculates composite emission rates for vehicles.  Emission rates are reported by the program in grams per trip and grams per mile or grams per running hour.

The project characteristics in the CalEEMod model were set to a project location of the Mojave Desert portion of San Bernardino County, a Climate Zone of 10, utility company of Southern California Edison, and an opening year of 2023 was utilized in this analysis.  In addition, the EMFAC off‐model adjustment factors for gasoline light duty vehicle to account for the SAFE Vehicle rule was selected in the CalEEMod model run.

Land Use Parameters
The proposed project consists of development of a one story, 49,798 sq. ft. warehouse distribution facility with 45 parking spaces.  The proposed project’sland use parametersthat were entered into the CalEEMod model are shown in Table G.

Table G – CalEEMod Land Use Parameters
Proposed Land Use Land Use Subtype in CalEEMod
Land Use
Size1
Lot
Acreage2
Building/Paving3
(square feet)
Warehouse Building Unrefrigerated Warehouse No Rail 49.798 TSF   1.46 49,798 Paved Area (Truck Loading Area,
Driveways, and Parking Lots) Parking Lot   45 PS 1.71 18,000 Notes:   1 TSF = Thousand Square Feet; PS = Parking Space 2 Lot acreage calculated based on a total project site of 3.17 acres. 3 Building/Paving square feet represent area where architectural coatings will be applied. Paved area based on CalEEMod default values.

Construction Parameters
According to the project applicant, construction is anticipated to commence in January 2023. The construction durations of each phase of construction was analyzed based on the CalEEMod default timing, that found construction would take 13 months to complete.  The phases of construction activities that have been analyzed are detailed below and include: 1) Site Preparation; 2) Grading, 3) Building Construction, 4) Paving, and 5) Application of Architectural Coatings.

The CalEEMod model provides the selection of “mitigation” to account for project conditions that would result in less emissions than a project without these conditions, however it should be noted that this “mitigation” may represent regulatory requirements.   This includes the required to adherence to MDAQMD Rule 403, which requiresthat the Best Available Control Measures be utilized to reduce fugitive dust emissions.
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Site Preparation
The site preparation phase would consist of removing any vegetation, tree stumps, and stones onsite prior to grading.  The site preparation phase was modeled as starting January 2023 and occurring over one week, which is based on the CalEEMod default timing.  The site preparation activities would generate 18 workertrips per day.  In order to account for water truck emissions,six vendor truck emissions were added to the site preparation phase.  The onsite equipment would consist of three rubber tired dozers, and four of either tractors, loaders, or backhoes, which is based on the CalEEMod default equipment mix.  The mitigation of applying water to all exposed areas two times per day was chosen in order to account for the fugitive dust reduction that would occur through adhering to MDAQMD Rule 403, which requires that the Best Available Control Measures be utilized to reduce fugitive dust emissions.

Grading
The grading phase would occur after completion of the site preparation phase and was modeled as occurring over eight work days, which is based on the CalEEMod default timing. The proposed grading is anticipated to require approximately 1,525 cubic yards of cut and 2,250 cubic yards of fill, resulting in a net import of 725 cubic yards of dirt.   The import of dirt would require a total of 91 haul truck trips (average 11.4 haul truck trips per day over 8 workdays for the grading phase).

The onsite equipment would consist of one excavator, one grader, one rubber‐tired dozer, and three of either tractors, loaders, or backhoes, which is based on the CalEEMod default equipment mix.  The grading activities would generate 15 worker trips per day.  The mitigation of water all exposed areas three times per day was chosen in order to account for the fugitive dust reduction that would occur through adhering to MDAQMD Rule 403, which requires that the Best Available Control Measures be utilized to reduce fugitive dust emissions.

Building Construction
The building construction would occur after the completion of the grading phase and was modeled as occurring over 230 workdays (10 months).  The building construction phase would generate 28 worker trips and 11 vendor trips per day.  The onsite equipment would consist of the simultaneous operation of one crane, three forklifts, one generator, one welder, and three of either tractors, loaders, or backhoes, which is based on the CalEEMod default equipment mix.

Paving
The paving phase would consist of paving the onsite driveways, truck loading area, and parking lots.  The paving phase would occur after the completion of the building construction phase and was modeled as occurring over 18 workdays.   The paving phase would generate 20 worker trips per day.   The onsite equipment would consist of the simultaneous operation of two cement and mortar mixers, one paver, two paving equipment, two rollers, and one of either a tractor, loader, or backhoe, which is based on the CalEEMod default equipment mix.

Architectural Coating
The application of architectural coatings would occur after completion of the paving phase.   The architectural coating phase was modeled based on covering 74,697 square feet of non‐residential interior area, 24,899 square feet of non‐residential exterior area, and 1,080 square feet of parking area.  The 619

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architectural coating phase would generate six worker trips per day.  The onsite equipment would consist of one air compressor, which is based on the CalEEMod default equipment mix.

Operational Emissions Modeling
The operations‐related criteria air pollutant emissions and GHG emissions created by the proposed project have been analyzed through use of the CalEEMod model.  The proposed project was analyzed in the CalEEMod model based on the land use parameters provided above.

Mobile Sources
Mobile sources include emissions the additional vehicle miles generated from the proposed project.  The vehicle trips associated with the proposed project have been analyzed through use of trip rates obtained from the Vehicle Miles Traveled (VMT) analysis prepared for the proposed project, which found that the proposed project would generate 101 daily automobile trips.  In addition, the Project Description (see Section 1.3, above) details that operation of the proposed project would generate 15 truck trips per day.

Since the MDAQMD does not provide any specific recommendationsfor analyzing truck trips, this analysis has utilized the SCAQMD methodology detailed in the Review of SCAQMD Staff Comments and Testimony on Warehouse Projects, prepared by Southern California Leadership Council, March 14, 2014, that recommends that truck trip length to be set to 40 miles in CalEEMod. In order to account for the longer truck trip length in CalEEMod, the 15 daily truck trips were analyzed under the “Parking Lot” land use because the parking lot use generates no vehicle trips on its own (the row’s default are “zeros”) so it was an available placeholder allowing analysis solely of the project’s trucks without mixing the trucks with any other trip‐generating use. The automobile trip lengths were based on the default trip lengths.  The vehicle trips rates utilized for each land use are provided in Table H.

Table H – Inventory of Vehicle Trips During Full Operation of Proposed Project Land Use Type in CalEEMod Land Use Size1
Daily Trip Generation Rates
Trips Rates2 Total Daily Trips
Unrefrigerated Warehouse No Rail (Autos) 49.798 TSF 2.03 per TSF 101 Parking Lot (Trucks) 45 PS 0.33 per PS 15
Notes:   1 TSF = Thousand Square Foot, PS = Parking Space 2 Daily Trip rates obtained from the VMT Analysis and Project Description.

The vehicle mix utilized in the CalEEMod model for the Parking Lot land use was adjusted to consist of 100 percent heavy‐heavy duty trucks.  In addition, the vehicle mix for the Unrefrigerated Warehouse was also adjusted to remove the truck trips from this land use, since all truck trips generated from the proposed project were analyzed under the Parking Lot land use. The vehicle mixes utilized in the CalEEMod model are shown in Table I.  No other changes were made to the CalEEMod default mobile source parameters.

Table I – Fleet Mix During Full Operation of Proposed Project Land Use LDA LDT1 LDT2 MDV HHD MCY
Unrefrigerated Warehouse No Rail (Autos) 0.579 0.059 0.185 0.150 0 0.027 Parking Lot (Trucks) 0 0 0 0 1.0 0
Notes:

LDA = Light Duty Auto; LDT1 = Light‐Duty Trucks (less than 3,750 pounds gross vehicle weight rating [GVWR]); LDT2 = Light‐Duty Trucks (3,751 to 6,000 pounds GVWR); MDV = Medium‐Duty Trucks (6,000 to 8,500 pounds GVWR); HHD = Heavy‐Heavy‐Duty Trucks (GVWR 33,000+ pounds); and MCY = motorcycles.
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Area Sources
Area sources include emissions from consumer products, landscape equipment, and architectural coatings.   The area source emissions were based on the on‐going use of the proposed project in the CalEEMod model.    No changes were made to the default area source parametersin the CalEEMod model.

Energy Usage
Energy usage includes emissionsfrom electricity and natural gas used onsite.  The energy usage was based on the ongoing use of the proposed project in the CalEEMod Model.  No changes were made to the default energy usage parameters in the CalEEMod model.

Solid Waste
Waste includes the GHG emissions associated with the processing of waste from the proposed project as well as the GHG emissions from the waste once it is interred into a landfill. The analysis was based on the default CalEEMod waste generation rate of 47 tons of solid waste per year from the proposed project.  No changes were made to the defaultsolid waste parameters or mitigation measuresin the CalEEMod model.

Water and Wastewater
Water includes the water used for the interior of the buildings as well as for landscaping and is based on the GHG emissions associated with the energy used to transport and filter the water.  The analysis was based on the default CalEEMod water usage rate of 11,516,200 gallons per year of water use.  No changes were made to the default water and wastewater parameters in the CalEEMod model.

The CalEEMod “mitigation” of the use of low flow faucets and toilets and use of smart irrigation system controllers were selected to account for the implementation of the 2019 CCR Title 24 Part 11 (CalGreen) requirements, which lowered the calculated water use for the proposed project to 9,719,700 gallons per year.

Off‐Road Equipment
The primary activity that would require the use of off‐road equipment would be associated with a forklift unloading/loading of truck deliveries.  The CalEEMod analyzed one forklift operating 8 hours per day.  In order to account for Project Design Feature 1, that restricts the operation of diesel‐powered off‐road equipment on the project site during long‐term operations of the project, the forklift was analyzed as being powered with compressed natural gas (CNG).

8.2 Energy Use Calculations
The proposed project is anticipated to consume energy during construction of the proposed project.  As detailed above, operation of the proposed project is anticipated to use less energy, when compared to existing conditions.  As such, no operational energy use calculations have been included in this analysis.

The parameters utilized to calculate energy use from construction of the proposed project are detailed below.

Construction‐Related Energy Use
Construction of the proposed project is anticipated to use energy in the forms of petroleum fuel for both off‐road equipment as well as from the transport of workers and materials to and from the project site and the calculations for each source are described below. 621

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Off‐Road Construction Equipment
The off‐road construction equipment fuel usage was calculated through use of the CalEEMod model’s default off‐road equipment assumptions detailed above in Section 8.1. For each piece of off‐road equipment, the fuel usage was calculated through use of the 2017 Off‐road Diesel Emission Factors spreadsheet, prepared by CARB (https://ww3.arb.ca.gov/msei/ordiesel.htm).  The Spreadsheet provides the following formula to calculate fuel usage from off‐road equipment:

Fuel Used = Load Factor x Horsepower x Total Operational Hours x BSFC / Unit Conversion Where:

Load Factor ‐ Obtained from CalEEMod default values
Horsepower – Obtained from CalEEMod default values
Total Operational Hours – Calculated by multiplying CalEEMod default daily hours by CalEEMod default number of working days for each phase of construction BSFC – Brake Specific Fuel Consumption (pounds per horsepower‐hour) – If less than 100 Horsepower = 0.408, if greater than 100 Horsepower = 0.367 Unit Conversion – Converts pounds to gallons = 7.109
Table J shows the off‐road construction equipment fuel calculations based on the above formula.  Table J shows that the off‐road equipment utilized during construction of the proposed project would consume 33,925 gallons of diesel fuel.

Table J – Off‐Road Equipment and Fuel Consumption from Construction of the Proposed Project Equipment Type
Equipment
Quantity
Horse‐
power
Load
Factor
Operating Hours
per Day
Total Operational
Hours1
Fuel Used
(gallons)
Site Preparation
Rubber‐Tired Dozers 3 247 0.4 8 120 612
Tractors/Loaders/Backhoes 4 97 0.37 8 160 330
Grading
Excavator 1 158 0.38 8 64 198
Grader 1 187 0.41 8 64 253
Rubber‐Tired Dozer 1 247 0.4 8 64 326
Tractors/Loaders/Backhoes 3 97 0.37 8 192 395
Building Construction
Crane 1 231 0.29 7 1,610 5,568
Forklifts 3 89 0.20 8 5,520 5,639
Generator 1 84 0.74 8 1,840 6,564
Tractors/Loaders/Backhoes 3 97 0.37 7 4,830 9,949
Welder 1 46 0.45 8 1,840 2,186
Paving
Cement and Mortar Mixers 2 9 0.56 6 216 62
Paver 1 130 0.42 8 144 406
Paving Equipment 2 132 0.36 6 216 530
Rollers 2 80 0.38 6 216 377
Tractors/Loaders/ Backhoes 1 97 0.37 8 144 297
Architectural Coatings
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Equipment Type
Equipment
Quantity
Horse‐
power
Load
Factor
Operating Hours
per Day
Total Operational
Hours1
Fuel Used
(gallons)
Air Compressor 1 78 0.48 6 108 232
Total Off‐Road Equipment Diesel Fuel Used during Construction (gallons) 33,925 Notes:
1 Based on: 5 daysfor Site Preparation, 8 daysfor Grading; 230 daysfor Building Construction; 18 days for Paving, and 18 days for Architectural Coatings.

Source: CalEEMod Version 2020.4.0 (see Appendix A); CARB, 2017.

On‐Road Construction‐Related Vehicle Trips
The on‐road construction‐related vehicle trips fuel usage was calculated through use of the construction vehicle trip assumptions from the CalEEMod model run as detailed above in Section 8.1. The calculated total construction miles were then divided by the fleet average for the San Bernardino County portion of the MDAB for the year 2023 that was calculated through use of the EMFAC2017 model (https://www.arb.ca.gov/emfac/2017/) and the EMFAC2017 model printouts are shown in Appendix B.

The worker trips were based on the entire fleet average miles per gallon rate for gasoline powered vehicles and the vendor trips were based on the Heavy‐Heavy Duty Truck (HHDT), Medium Duty Vehicle (MDV), and Medium Heavy Duty Vehicle (MHDV) fleet average miles per gallon rate for diesel‐powered vehicles.   Table K shows the on‐road construction vehicle trips modeled in CalEEMod and the gasoline and diesel fuel usage calculations.

Table K – On‐Road Vehicle Trips and Fuel Consumption from Construction of the Proposed Project Vehicle Trip
Types/Fuel Type Daily Trips
Trip Length
(miles)
Total Miles
per Day
Total Miles
per Phase1
Fleet Average
Miles per Gallon2
Fuel Used
(gallons)
Site Preparation
Worker (Gasoline) 18 10.8 194 972 27.4 35
Vendor Truck (Diesel)   6 7.3 44 219 7.8 28
Grading
Worker (Gasoline) 15 10.8 162 1,296 27.4 47
Vendor Truck (Diesel)   6 7.3 44 350 7.8 45
Haul Truck (Diesel) 11.4 20 228 1,820 7.8 232
Building Construction
Worker (Gasoline) 28 10.8 302 69,552 27.4 2,540
Vendor Truck (Diesel)   11 7.3 80 18,469 7.8 2,359
Paving
Worker (Gasoline) 18 10.8 216 3,888 27.4 142
Architectural Coatings
Worker (Gasoline) 18 10.8 65 1,166 27.4 43
Total Gasoline Fuel Used from On‐Road Construction Vehicles (gallons) 2,808 Total Diesel Fuel Used from On‐Road Construction Vehicles (gallons) 2,664 Notes:
1 Based on: 5 daysfor Site Preparation, 8 daysfor Grading; 230 daysfor Building Construction; 18 days for Paving, and 18 days for Architectural Coatings.
2 From EMFAC 2017 model (see Appendix B). Worker trips based on entire fleet of gasoline vehicles. Haul truck and vendor truck trips based on only truck fleet of diesel vehicles.

Source: CalEEMod Version 2020.4.0; CARB, 2018.
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Table K showsthat the on‐road construction‐related vehicle trips would consume 2,808 gallons of gasoline and 2,664 gallons of diesel fuel. As detailed above, Table Jshowsthat the off‐road construction equipment would consume 33,925 gallons of diesel fuel.  This would result in the total consumption of 2,808 gallons of gasoline and 36,590 gallons of diesel fuel from construction of the proposed project.

Operations‐Related Energy Use
The operation of the proposed project is anticipated to use energy in the forms of petroleum fuel, electricity, and natural gas, and the calculations for each source are described below.

Operational Petroleum Fuel
The on‐road operations‐related vehicle trips fuel usage was calculated through use of the total annual vehicle miles traveled assumptions from the CalEEMod model run as detailed above in Section 8.1, which found that operation of the proposed project would generate 295,145 vehicle miles traveled per year from automobiles and would generate 216,216 vehicle milestraveled per yearfrom trucks.  The calculated total operational miles were then divided by the San Bernardino County portion of the MDAB fleet average rates of 27.4 miles per gallon for automobiles and the fleet average rate of 7.8 miles per gallon for trucks, which was calculated through use of the EMFAC2017 model and based on the year 2023.  The EMFAC2017 model printouts are shown in Appendix B.  Based on the above calculation methodology, the operation of automobiles would consume 10,779 gallons of gasoline per year and from trucks would consume 27,620 gallons of diesel fuel per year.

Operational Electricity Use
The operations‐related electricity usage was calculated in the CalEEMod model run that is detailed above in Section 8.1 that depicts the electricity use from each land use that are shown below in kilo‐watt hours (kWh) per year:
 Parking Lot (Truck Loading Area, Driveway, and Parking Lots) – 6,300 kWh/year  Unrefrigerated Warehouse – 115,531 kWh/year
Based on the above, it is anticipated that the proposed project would utilize 121,831 kWh per year of electricity.

Operational Natural Gas Use
The operations‐related natural gas usage was calculated in the CalEEMod model run that is detailed above in Section 8.1 that depicts the natural gas use from each land use that are shown below in kilo British Thermal Units (kBTU) per year (CalEEMod land use shown in brackets):
 Parking Lot (Truck Loading Area, Driveway, and Parking Lots) – 0 kBTU/year  Unrefrigerated Warehouse – 100,094 kBTU/year
Based on the above, it is anticipated that the proposed project will use 100,094 kBTU per year, which is equivalent to 100 mega‐British Thermal units (MBTU) per year of natural gas. 624

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9.0 THRESHOLDS OF SIGNIFICANCE

9.1 MDAQMD Air Quality and GHG Emissions Significance Thresholds The MDAQMD’s CEQA and Federal Conformity Guidelines (MDAQMD, 2020), outlines significance determination thresholds.  The MDAQMD Guidelines state that any project is significant if it triggers or exceed the most appropriate evaluation criteria, and further specifies that the emissions comparison (criteria number 1) is sufficient for most projects:

1. Generate total emissions (direct and indirect) in excess of the threshold given in Table L;

2. Generates a violation of any ambient air quality standard when added to the local background;

3. Does not conform with the applicable attainment or maintenance plan(s)3;

4. Exposes sensitive receptors to substantial pollutant concentrations, including those resulting in a cancer risk greater than or equal to 10 in a million and/or a Hazard Index (HI) (non‐cancerous) greater than or equal to 1.

The MDAQMD significant emissions thresholds are shown in Table L.   According to the MDAQMD Guidelines, A significant project must incorporate mitigation sufficient to reduce its impact to a level that is not significant. A project that cannot be mitigated to a level that is not significant must incorporate all feasible mitigation. Note that the emission thresholds are given as a daily value and an annual value, so that multi‐phased project (such as project with a construction phase and a separate operational phase) with phasesshorter than one year can be compared to the daily value.  Since construction of the proposed project is anticipated to take over a year, the annual threshold has been utilized for both short‐term construction impact analysis and long‐term operational impacts.

Table L – MDAQMD Significant Emissions Thresholds
Pollutant Annual Threshold
(tons)
Daily Threshold
(pounds)
Greenhouse Gases (CO2e) 100,000 548,000
Carbon Monoxide (CO) 100 548
Oxides of Nitrogen (NOX) 25 137
Volatile Organic Compounds (VOC) 25 137
Oxides of Sulfur (SOX) 25 137
Particulate Matter (PM10) 15 82
Particulate Matter (PM2.5) 12 65
Hydrogen Sulfide (H2S) 10 54
Lead (Pb) 0.6 3
Source: https://www.mdaqmd.ca.gov/home/showpublisheddocument?id=8510 3 A project is deemed to not exceed this threshold, and hence not be significant, if it is consistent with the existing land use plan. Zoning changes, specific plans, general plan amendments and similar land use plan changes which do not increase dwelling unit density, do not increase vehicle trips, and do not increase vehicle miles traveled are also deemed to not exceed this threshold.
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9.2 Odor Impacts
MDAQMD Rule 402 states:
“A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.

The provisions of this rule shall not apply to odors emanating from agricultural operations necessary for the growing of crops or the raising of fowl or animals.” If the proposed project results in a violation of Rule 402 with regards to odor impacts, then the proposed project would create a significant odor impact.

9.3 Energy Conservation
The 2020 CEQA California Environmental Quality Act Statutes & Guidelines (2020 CEQA Guideline) now include an Energy Section that analyzes the proposed project’s energy consumption in order to avoid or reduce inefficient, wasteful or unnecessary consumption of energy.  Appendix F of the 2020 CEQA Statute and Guidelines, states the following:

The goal of conserving energy impliesthe wise and efficient use of energy.  The means of achieving this goal include:
(1) Decreasing overall per capita energy consumption,
(2) Decreasing reliance on fossil fuels such as coal, natural gas and oil, and (3) Increasing reliance on renewable energy sources.

Since the Energy Section was recently added, no state or local agencies have adopted specific criteria or thresholds to be utilized in an energy impact analysis.  However, Appendix F, Subsection II.C of the 2018 CEQA Guidelines provides the following criteria for determining significance.

1. The project’s energy requirements and its energy use efficiencies by amount and fuel type for each stage of the project life cycle including construction, operation, maintenance and/or removal.  If appropriate, the energy intensiveness of materials may be discussed.

2. The effects of the project on local and regional energy supplies and on requirement for additional capacity.

3. The effects of the project on peak and base period demands for electricity and other forms of energy.

4. The degree to which the project complies with existing energy standards.

5. The effects of the project on energy resources.

6. The project’s projected transportation energy use requirements and its overall use of efficient transportation alternatives.

If the proposed project creates inefficient, wasteful or unnecessary consumption of energy during construction or operation activities or conflicts with a state or local plan for renewable energy or energy efficiency, then the proposed project would create a significant energy impact. 626
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10.0 IMPACT ANALYSIS

10.1 CEQA Thresholds of Significance
Consistent with CEQA and the State CEQA Guidelines, a significant impact related to air quality, energy, and GHG emissions would occur if the proposed project is determined to:
 Conflict with or obstruct implementation of the applicable air quality plan;  Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non‐attainment under an applicable federal or state ambient air quality standard;  Expose sensitive receptors to substantial pollutant concentrations;  Result in other emissions(such asthose leading to odors) adversely affecting a substantial number of people;
 Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation;  Conflict with or obstruct a state or local plan for renewable energy;  Generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment; or
 Conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs.

10.2 Air Quality Compliance
The proposed project would not conflict with or obstruct implementation of the MDAQMD Air Quality Management Plans(AQMPs). The following is the analysis procedure detailed in the MDAQMD Guidelines for Conformity Impacts:

A project is non‐conforming if it conflicts with or delays implementation of any applicable attainment or maintenance plan. A project is conforming if it complies with all applicable District rules and regulations, complies with all proposed control measures that are not yet adopted from the applicable plan(s), and is consistent with the growth forecasts in the applicable plan(s) (or is directly included in the applicable plan). Conformity with growth forecasts can be established by demonstrating that the project is consistent with the land use plan that was used to generate the growth forecast. An example of a non‐conforming project would be one that increases the gross number of dwelling units, increasesthe number of trips, and/or increasesthe overall vehicle miles traveled in an affected area (relative to the applicable land use plan).

For this project, the City of Adelanto General Plan’s Land Use Plan defines the long range land use assumptions that are represented in the AQMPs.    The project site is currently designated as Light Manufacturing (LM) in the General Plan and is zoned Light Manufacturing (LM).    Development of the proposed project would be consistent with the existing land use and zoning.  Additionally, the proposed warehouse would be adjacent to existing industrial uses to the north and south and would provide employment opportunities in an area that currently has more housing than jobs, which would likely result 627
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in a reduction of vehicle milestraveled for the future employeesthat now have to commute long distances for work.  Based on the above, the proposed project will not result in an inconsistency with the AQMPs.

Therefore, a less than significant impact will occur in relation to implementation of the AQMP.

Level of Significance
Less than significant impact.

10.3 Cumulative Net Increase in Non‐Attainment Pollution The proposed project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non‐attainment under an applicable Federal or State ambient air quality standard.  The following section calculates the potential air emissions associated with the construction and operations of the proposed project and compares the emissions to the MDAQMD criteria pollutant emissions standards detailed above in Section 8.1.

Construction Emissions
Construction activities for the proposed project are anticipated to start early 2023 and would take approximately 13 months to complete. Construction activities for the proposed project are anticipated to include site preparation and grading of the 3.17‐acre project site, building construction of the warehouse facility, paving of the onsite driveways, truck loading area, and parking lots, and application of architectural coatings.   The CalEEMod model has been utilized to calculate the construction‐related criteria pollutant emissions from the proposed project and the input parameters utilized in this analysis have been detailed in Section 7.1.  The annual construction‐related criteria pollutant emissions from the proposed project are shown below in Table M and the CalEEMod Annual printouts are shown in Appendix A.

Table M – Construction‐Related Air Pollutant Emissions
Pollutant Emissions1 (tons per year)
Construction Year VOC NOx CO SO2 PM10 PM2.5
2023 0.21 1.86 2.08 <0.01 0.16 0.11
2024 0.60 0.09 0.13 <0.01 <0.01 <0.01
MDAMD Thresholds 25 25 100 25 15 12
Exceeds Thresholds? No No No No No No
Notes:
1 Construction based on adherence to fugitive dust suppression requirements from MDAQMD Rule 403.2.

Source: CalEEMod Version 2020.4.0.

Table M showsthat none of the analyzed criteria pollutants emissions would exceed the MDAQMD annual thresholds during construction of the proposed project.   Therefore, a less than significant air quality emissions impact would occur from construction of the proposed project.

Operational Emissions
The operations‐related criteria air quality impacts created by the proposed project have been analyzed through use of the CalEEMod model and the input parameters utilized in this analysis have been detailed in Section 7.1.  The annual operations‐related criteria pollutant emissions from the proposed project are shown below in Table N and the CalEEMod annual printouts are shown in Appendix A. 628

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Table N – Operations‐Related Air Pollutant Emissions
Pollutant Emissions (tons per year)
Emissions Source VOC NOx CO SO2 PM10 PM2.5
Area Sources1 0.25 <0.01 <0.01 0.00 0.00 0.00
Energy Sources2 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01
Mobile Sources3 0.06 0.61 0.63 <0.01 0.21 0.06
Off‐Road Equipment4 <0.01 0.08 1.20 <0.01 <0.01 <0.01
Total Emissions 0.32 0.70 1.83 <0.01 0.21 0.06
MDAMD Thresholds 25 25 100 25 15 12
Exceeds Thresholds? No No No No No No
Notes:
1 Area sources consist of emissions from consumer products, hearths, architectural coatings, and landscaping equipment. 2 Energy usage consist of emissions from natural gas usage. 3 Mobile sources consist of emissions from vehicles and road dust. 4 Off‐road equipment consists of emissions from forklifts utilized onsite (Project Design Feature 1 restricts the operation of diesel‐powered forklifts, so forklifts have been analyzed as CNG‐powered.

Source: CalEEMod Version 2020.4.0.

Table N showsthat none of the analyzed criteria pollutants emissions would exceed the MDAQMD annual emissions thresholds during operation of the proposed project.   Therefore, a less than significant air quality emissions impact would occur from operation of the proposed project.

Friant Ranch Decision
In Sierra Club v. County of Fresno (2018) 6 Cal.5th 502 (also referred to as “Friant Ranch”), the California Supreme Court held that when an EIR concluded that when a project would have significant impacts to air quality impacts, an EIR should “make a reasonable effort to substantively connect a project’s air quality impacts to likely health consequences.” As shown in Table N above, and unlike the project at issue in the Friant Ranch case, the project’s emissions of criteria pollutants would not exceed the MDAQMD’s thresholds and would not have a significant air quality impact.  Therefore, it is not necessary to connect this small project’s air quality impacts to likely health impacts.  However, for informational purposes this analysis considers the Court’s direction as follows:
1) The air quality discussion shall describe the specific health risks created from each criteria pollutant, including diesel particulate matter.

Although it has been determined that the project would not result in significant air quality impacts, this analysis details the specific health risks created from each criteria pollutant above in Section 3.1 and specifically in Table B.   In addition, the specific health risks created from diesel particulate matter is detailed above in Section 2.2 of this analysis.  As such, this analysis meets the part 1 requirements of the Friant Ranch Case.
2) The analysis shall identify the magnitude of the health risks created from the Project.  The Ruling details how to identify the magnitude of the health risks.  Specifically, on page 24 of the ruling it states “The Court of Appeal identified several ways in which the EIR could have framed the analysis so as to adequately inform the public and decision makers of possible adverse health effects.   The County could have, for example, identified the Project’s impact on the days of nonattainment per year.”
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The Friant Ranch Case found that an EIR's air quality analysis must meaningfully connect the identified air quality impacts to the human health consequences of those impacts, or meaningfully explain why that analysis cannot be provided.  As noted in the Brief of Amicus Curiae by the SCAQMD in the Friant Ranch case (https://www.courts.ca.gov/documents/9‐s219783‐ac‐south‐coast‐air‐quality‐mgt‐dist‐041315.pdf) (Brief), SCAQMD has among the most sophisticated air quality modeling and health impact evaluation capability of any of the air districts in the State, and thus it is uniquely situated to express an opinion on how lead agencies should correlate air quality impacts with specific health outcomes.   The SCAQMD discusses that it may be infeasible to quantify health risks caused by projects similar to the proposed project, due to many factors.  It is necessary to have data regarding the sources and types of air toxic contaminants, location of emission points, velocity of emissions, the meteorology and topography of the area, and the location of receptors (worker and residence).   The Brief states that it may not be feasible to perform a health risk assessment for airborne toxicsthat will be emitted by a generic industrial building that was built on "speculation" (i.e., without knowing the future tenant(s)).  Even where a health risk assessment can be prepared, however, the resulting maximum health risk value is only a calculation of risk, it does not necessarily mean anyone will contract cancer as a result of the Project. The Brief also cites the author of the CARB methodology, which reported that a PM2.5 methodology is not suited for small projects and may yield unreliable results.  Similarly, SCAQMD staff does not currently know of a way to accurately quantify ozone‐related health impacts caused by NOX or VOC emissions from relatively small projects, due to photochemistry and regional model limitations. The Brief concludes, with respect to the Friant Ranch EIR, that although it may have been technically possible to plug the data into a methodology, the results would not have been reliable or meaningful.

On the other hand, for extremely large regional projects(unlike the proposed project), the SCAQMD states that it has been able to correlate potential health outcomes for very large emissions sources – as part of their rulemaking activity, specifically 6,620 pounds per day of NOx and 89,180 pounds per day of VOC (1,208 tons per year of NOx and 16,275 tons per year of VOC) were expected to result in approximately 20 premature deaths per year and 89,947 school absences due to ozone.

As shown above in Table M, project‐related construction activities would generate a maximum of 0.60 tons per year of VOC and 1.86 tons per year of NOx and as shown above in Table N, operation of the proposed project would generate 0.32 tons per year of VOC and 0.70 tons per year of NOx. The proposed project would not generate anywhere near these levels of 1,208 tons per year of NOx or 16,275 tons per year of VOC emissions. Therefore, the proposed project’s emissions are not sufficiently high enough to use a regional modeling program to correlate health effects on a basin‐wide level.

Therefore, the proposed project would not result in a cumulatively considerable net increase of any criteria pollutant.

Level of Significance
Less than significant impact.

10.4 Sensitive Receptors
The proposed project would not expose sensitive receptors to substantial pollutant concentrations.  The MDAQMD Guidelines details that sensitive receptor land uses consist of: Residences, schools, daycare centers, playgrounds and medical facilities are considered sensitive receptor land uses. The nearest sensitive receptors to the proposed project to the project site are tract homes located as near as 2,300 feet (0.44 mile) to the south of the project site.
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According to the MDAQMD Guidelines, the following project types proposed for sites within the specified distance to an existing or planned (zoned) sensitive receptor land use must be evaluated to determine if it exposes sensitive receptors to substantial pollutant concentrations:
 Any industrial project within 1000 feet;
 A distribution center (40 or more trucks per day) within 1000 feet;  A major transportation project (50,000 or more vehicles per day) within 1000 feet;  A dry cleaner using perchloroethylene within 500 feet;  A gasoline dispensing facility within 300 feet.

The proposed project would consist of development of a warehouse distribution facility.  According to the Project Description (see Section 1.3), operation of the proposed project is anticipated to generate 15 truck trips per working day.  Since the nearest sensitive receptors are over 1,000 feet away (2,300 feet away) and since the proposed project would generate less than 40 trucks per day (15 trucks per day), the proposed project would not exceed thresholds detailed above for new industrial uses.  Therefore, the proposed project would result in a less than significant exposure of sensitive receptors to substantial pollutant concentrations.

Level of Significance
Less than significant impact.

10.5 Odor Emissions
The proposed project would not create objectionable odors affecting a substantial number of people.

Individual responses to odors are highly variable and can result in a variety of effects.  Generally, the impact of an odor results from a variety of factors such as frequency, duration, offensiveness, location, and sensory perception.  The frequency is a measure of how often an individual is exposed to an odor in the ambient environment.   The intensity refers to an individual’s or group’s perception of the odor strength or concentration.  The duration of an odor refers to the elapsed time over which an odor is experienced.  The offensiveness of the odor is the subjective rating of the pleasantness or unpleasantness of an odor.  The location accounts for the type of area in which a potentially affected person lives, works, or visits; the type of activity in which he or she is engaged; and the sensitivity of the impacted receptor.

Sensory perception hasfour major components: detectability, intensity, character, and hedonic tone.  The detection (or threshold) of an odor is based on a panel of responses to the odor.  There are two types of thresholds: the odor detection threshold and the recognition threshold.  The detection threshold is the lowest concentration of an odor that will elicit a response in a percentage of the people that live and work in the immediate vicinity of the project site and is typically presented as the mean (or 50 percent of the population).   The recognition threshold is the minimum concentration that is recognized as having a characteristic odor quality, this is typically represented by recognition by 50 percent of the population.

The intensity refersto the perceived strength of the odor.  The odor character is what the substance smells like.  The hedonic tone is a judgment of the pleasantness or unpleasantness of the odor.  The hedonic tone varies in subjective experience, frequency, odor character, odor intensity, and duration. Potential odor impacts have been analyzed separately for construction and operations below. 631

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Construction‐Related Odor Impacts
Potential sources that may emit odors during construction activities include the application of coatings such as asphalt pavement, paints and solvents and from emissions from diesel equipment.   Standard construction requirements that limit the time of day when construction may occur as well as MDAQMD Rule 442 that limits VOC content in solvents, Rule 1103 that limits VOC content in asphalt and Rule 1113 that limits the VOC content in paints and solvents would minimize odor impacts from construction.  As such, the objectionable odors that may be produced during the construction process would be temporary and would not likely be noticeable for extended periods of time beyond the project site’s boundaries.

Through compliance with the applicable regulations that reduce odors and due to the transitory nature of construction odors, a less than significant odor impact would occur and no mitigation would be required.

Operations‐Related Odor Impacts
The proposed project would consist of the development of a warehouse.  Operation of the proposed project may create odors from diesel truck emissions, and from trash storage bins.   Pursuant to City regulations, permanent trash enclosures that protect trash bins from rain as well as limit air circulation would be required for the trash storage areas.   Diesel truck emissions odors would be generated intermittently from truck loading and unloading activities at the project site and would not likely be noticeable for extended periods of time beyond the project site boundaries.  Due to the distance of the nearest receptors from the project site (2,300 feet away) and through compliance with MDAQMD’s Rule 402 and City trash storage regulations, no significant impact related to odors would occur during the on‐ going operations of the proposed project.  Therefore, a less than significant odor impact would occur and no mitigation would be required.

Level of Significance
Less than significant impact

10.6 Energy Consumption
The proposed project would impact energy resources during construction and operation.   Energy resources that would be potentially impacted include electricity, natural gas, and petroleum based fuel supplies and distribution systems.   This analysis includes a discussion of the potential energy impacts of the proposed projects, with particular emphasis on avoiding or reducing inefficient, wasteful, and unnecessary consumption of energy.  A general definition of each of these energy resources are provided below.

Electricity, a consumptive utility, is a man‐made resource. The production of electricity requires the consumption or conversion of energy resources, including water, wind, oil, gas, coal, solar, geothermal, and nuclear resources, into energy. The delivery of electricity involves a number of system components, including substations and transformersthat lower transmission line power (voltage) to a level appropriate for on‐site distribution and use. The electricity generated is distributed through a network of transmission and distribution lines commonly called a power grid. Conveyance of electricity through transmission lines is typically responsive to market demands.  In 2020, San Bernardino County consumed 15,969 Gigawatt‐ hours per year of electricity4.
4 Obtained from: http://www.ecdms.energy.ca.gov/elecbycounty.aspx 632

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Natural gas is a combustible mixture of simple hydrocarbon compounds (primarily methane) that is used as a fuelsource.  Natural gas consumed in California is obtained from naturally occurring reservoirs, mainly located outside the State, and delivered through high‐pressure transmission pipelines. The natural gas transportation system is a nationwide network and, therefore, resource availability is typically not an issue. Natural gas satisfies almost one‐third of the State’s total energy requirements and is used in electricity generation,space heating, cooking, water heating, industrial processes, and as a transportation fuel.  Natural gas is measured in terms of cubic feet.   In 2020, San Bernardino County consumed 527.24 Million Therms of natural gas5.

Petroleum‐based fuels currently account for a majority of the California’s transportation energy sources and primarily consist of diesel and gasoline types of fuels.  However, the state has been working on developing strategies to reduce petroleum use. Over the last decade California has implemented several policies, rules, and regulations to improve vehicle efficiency, increase the development and use of alternative fuels, reduce air pollutants and GHG emissions from the transportation sector, and reduce vehicle miles traveled (VMT).  Accordingly, petroleum‐based fuel consumption in California has declined.

In 2017, 1,377 million gallons of gasoline and 265 million gallons of diesel was sold in San Bernardino County.

The following section calculates the potential energy consumption associated with the construction and operations of the proposed project and provides a determination if any energy utilized by the proposed project is wasteful, inefficient, or unnecessary consumption of energy resources.

Construction Energy
The construction activitiesforthe proposed project are anticipated to include site preparation and grading of the 3.17‐acre project site, building construction of the warehouse facility, paving of the onsite driveways, truck loading area, and parking lots, and application of architectural coatings.  The proposed project would consume energy resources during construction in three (3) general forms:

1. Petroleum‐based fuels used to power off‐road construction vehicles and equipment on the project site, construction worker travel to and from the project site, as well as delivery and haul truck trips (e.g. hauling of material to disposal facilities);

2. Electricity associated with the conveyance of water that would be used during project construction for dust control (supply and conveyance) and electricity to power any necessary lighting during construction, electronic equipment, or other construction activities necessitating electrical power; and,

3. Energy used in the production of construction materials, such as asphalt, steel, concrete, pipes, and manufactured or processed materials such as lumber and glass.

Construction‐Related Electricity
During construction the proposed project would consume electricity to construct the proposed warehouse and infrastructure. Electricity would be supplied to the project site by Southern California Edison and would be obtained from the existing electrical lines on the project site.  The use of electricity from existing power lines rather than temporary diesel or gasoline powered generators would minimize impacts on fuel consumption.  Electricity consumed during project construction would vary throughout the construction period based on the construction activities being performed. Various construction 5 Obtained from: http://www.ecdms.energy.ca.gov/gasbycounty.aspx 633

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activities include electricity associated with the conveyance of water that would be used during project construction for dust control (supply and conveyance) and electricity to power any necessary lighting during construction, electronic equipment, or other construction activities necessitating electrical power.

Such electricity demand would be temporary, nominal, and would cease upon the completion of construction. Overall, construction activities associated with the proposed project would require limited electricity consumption that would not be expected to have an adverse impact on available electricity supplies and infrastructure. Therefore, the use of electricity during project construction would not be wasteful, inefficient, or unnecessary.

Since there is currently power provided to the project site, it is anticipated that only nominal improvements would be required to Southern California Edison distribution lines and equipment with development of the proposed project.  Compliance with City’s guidelines and requirements would ensure that the proposed project fulfills its responsibilities relative to infrastructure installation, coordinates any electrical infrastructure removals or relocations, and limits any impacts associated with construction of the project.  Construction of the project’s electrical infrastructure is not anticipated to adversely affect the electrical infrastructure serving the surrounding uses or utility system capacity.

Construction‐Related Natural Gas
Construction of the proposed project typically would not involve the consumption of natural gas.  Natural gas would not be supplied to support construction activities, thus there would be no demand generated by construction.  Since there is currently natural gas service to of the project site, construction of the proposed project would be limited to installation of new natural gas connections within the project site.

Development of the proposed project would likely not require extensive infrastructure improvements to serve the project site.   Construction‐related energy usage impacts associated with the installation of natural gas connections are expected to be confined to trenching in order to place the lines below surface.

In addition, prior to ground disturbance, the proposed project would notify and coordinate with SoCalGas to identify the locations and depth of all existing gas lines and avoid disruption of gas service.  Therefore, construction‐related impacts to natural gas supply and infrastructure would be less than significant.

Construction‐Related Petroleum Fuel Use
Petroleum‐based fuel usage represents the highest amount of transportation energy potentially consumed during construction, which would be utilized by both off‐road equipment operating on the projectsite and on‐road automobilestransporting workersto and from the projectsite and on‐road trucks transporting equipment and supplies to the project site.

The off‐road construction equipment fuel usage was calculated through use of the off‐road equipment assumptions and fuel use assumptions shown above in Section 8.2, which found that construction of the proposed project would consume 2,808 gallons of gasoline and 36,590 gallons of diesel fuel.  This equates to 0.0002 percent of the gasoline and 0.01 percent of the diesel used annually in San Bernardino County.

As such, the construction‐related petroleum use would be nominal, when compared to current county‐ wide petroleum usage rates.

Construction activities associated with the proposed project would be required to adhere to all State and MDAQMD regulations for off‐road equipment and on‐road trucks, which provide minimum fuel efficiency standards.  As such, construction activities for the proposed project would not result in the wasteful, inefficient, and unnecessary consumption of energy resources.  Impacts regarding transportation energy would be less than significant.  Development of the project would not result in the need to manufacture 634

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construction materials or create new building material facilities specifically to supply the proposed project.  It is difficult to measure the energy used in the production of construction materials such as asphalt, steel, and concrete, it is reasonable to assume that the production of building materials such as concrete, steel, etc., would employ all reasonable energy conservation practices in the interest of minimizing the cost of doing business.

Operational Energy
The proposed project would consist of development of a warehouse distribution facility.  The on‐going operation of the proposed project would require the use of energy resources for multiple purposes including, but not limited to, heating/ventilating/air conditioning (HVAC), refrigeration, lighting, appliances, and electronics.  Energy would also be consumed during operations related to water usage, solid waste disposal, landscape equipment and vehicle trips.

Operations‐Related Electricity
Operation of the proposed project would result in consumption of electricity at the project site.   As detailed above in Section 8.3 the proposed project would consume 121,831 kilowatt‐hours per year of electricity.  This equatesto 0.0008 percent of the electricity consumed annually in San Bernardino County.

As such, the operations‐related electricity use would be nominal, when compared to current electricity usage rates in the County.

It should be noted that, the proposed project would comply with all Federal, State, and City requirements related to the consumption of electricity, that includes CCR Title 24, Part 6 Building Energy Efficiency Standards and CCR Title 24, Part 11: California Green Building Standards.  The CCR Title 24, Part 6 and Part 11 standards require numerous energy efficiency measures to be incorporated into the proposed warehouse, including enhanced insulation, use of energy efficient lighting and appliances as well as requiring a variety of other energy‐efficiency measures to be incorporated into the proposed structures.

Therefore, it is anticipated the proposed project will be designed and built to minimize electricity use and that existing and planned electricity capacity and electricity supplies would be sufficient to support the proposed project’s electricity demand.  Thus, the project would not result in the wasteful or inefficient use of electricity and no mitigation measures would be required.

Operations‐Related Natural Gas
Operation of the proposed project would result in increased consumption of natural gas at the project site.  As detailed above in Section 8.3 the proposed project would consume 100 MBTU per year of natural gas.  This equates to 0.00002 percent of the natural gas consumed annually in San Bernardino County. As such, the operations‐related natural gas use would be nominal, when compared to current natural gas usage rates in the County.

It should be noted that, the proposed project would comply with all Federal, State, and City requirements related to the consumption of natural gas, that includes CCR Title 24, Part 6 Building Energy Efficiency Standards and CCR Title 24, Part 11: California Green Building Standards.  The CCR Title 24, Part 6 and Part 11 standards require numerous energy efficiency measures to be incorporated into the proposed warehouse, including enhanced insulation as well as use of efficient natural gas appliances and HVAC units.  Therefore, it is anticipated the proposed project will be designed and built to minimize natural gas use and that existing and planned natural gas capacity and natural gas supplies would be sufficient to support the proposed project’s natural gas demand.  Thus, impacts with regard to natural gas supply and infrastructure capacity would be less than significant and no mitigation measures would be required 635

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Operations‐Related Vehicular Petroleum Fuel Usage
Operation of the proposed project would result in increased consumption of petroleum‐based fuels related to vehicular travel to and from the project site.  As detailed above in Section 8.2 the proposed project would consume 10,779 gallons of gasoline and 27,620 gallons of diesel fuel per year from vehicle travel.  This equates to 0.0008 percent of the gasoline and 0.01 percent of the diesel consumed annually in San Bernardino County. As such, the operations‐related petroleum use would be nominal, when compared to current county‐wide petroleum usage rates. Therefore, it is anticipated the proposed project will be designed and built to minimize transportation energy and it is anticipated that existing and planned capacity and supplies of transportation fuels would be sufficient to support the proposed project’s demand. Thus, impacts with regard transportation energy supply and infrastructure capacity would be less than significant and no mitigation measures would be required.

In conclusion, the proposed project would comply with regulatory compliance measures outlined by the State and County related to Air Quality, GHG Emissions, Transportation/Circulation, and Water Supply.

Additionally, the proposed project would be constructed in accordance with all applicable City Building and Fire Codes.   Therefore, the proposed project would not result in the wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation.  Impacts would be less than significant.

Level of Significance
Less than significant impact.

10.7 Energy Plan Consistency
The proposed project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency.   The applicable energy plan for the proposed project is the Adelanto North 2035 Comprehensive Sustainable Plan, adopted August 27, 2014.  The proposed project’s consistency with the applicable energy‐related policies in the Comprehensive Sustainable Plan are shown in Table O.

Table O – Proposed Project Compliance with Applicable General Plan Energy Policies Policy
No. General Plan Policy Proposed Project Implementation Actions Goal LC 4: Sustainability incorporated into land use patterns and development approaches.

LC 4.3 Create a sustainable community that is
responsive to the environmental, water, and
energy conservation needs of the region
and local area.

Consistent.  The proposed warehouse will be designed to exceed the 2019 Title 24 Part 6 building standards and
CalGreen Building Code design standards that require that new non‐residential buildings be designed to conserve
energy and water usage.

LC 4.4 Promote the use of solar, wind, and other
alternative energy generation systems as
part of new planned development.

Consistent.  The proposed warehouse will be designed to meet the 2019 Title 24 Part 6 building standards that
require that new non‐residential buildings be designed to be “solar ready” that includes structurally designing the roof to support solar PV panels and installation of electrical conduit to support PV panels.

Goal LC 7: Passive solar design and green building practices take advantage of Adelanto’s solar and wind conditions.
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Policy
No. General Plan Policy Proposed Project Implementation Actions LC 7.1 Encourage the design and construction of
buildings to go beyond the requirements of
the CALGreen Building Code.

Consistent.  The proposed warehouse will be designed to exceed the CalGreen design standards.

LC 7.2 Orient buildings to take advantage of solar
gain, thus allowing the absorption of the
sun’s heat during colder months, while
minimizing the sun’s heat during warmer
months.

Consistent.  The proposed warehouse will be oriented with the majority of windows on the east side in order to heat transfer through the windows.

LC 7.3 Encourage long overhangs to screen
summer sun and allow for solar gain in the
winter.

Consistent.  The proposed warehouse will include larger overhangs than typical warehouses.

LC 7.4 Orient buildings on an east‐west axis to
minimize western exposure.

Consistent.  The proposed warehouse will be oriented in an east‐west direction, with the windows concentrated on the east side to minimize sun exposure and associated heat
transfer on the windows.

LC 7.5 Take full advantage of the wind to cool
buildings in the summer months, and where
feasible, generate alternative energy.

Consistent.  The proposed warehouse will be designed to allow for the truck loading docks to remain open, when
weather permits to allow the wind to cool the building.

LC 7.7 Locate windows to maximize daylighting
and views. Awnings, landscaping, spectrally
selective glass, and controllable blinds
should be provided to reduce heat gain
through windows.

Consistent.  The windows have been located primarily on the east side in order to maximize daylighting, while
minimizing the heat transfer through the windows.

LC 7.9 Encourage the building envelope to:
• Minimize heat loss and gain
• Reduce energy demand
• Maximize passive heating and cooling
• Minimize mechanical HVAC requirements
Consistent.  The proposed warehouse will be designed to exceed the 2019 Title 24 Part 6 building standards and
CalGreen Building Code design standards that through
application of these standards will minimize heat loss and gain, reduce energy demand, maximize passive heating and cooling and minimize mechanical HVAC requirements.

LC 7.10 Promote glazing, size, and materials
appropriate for window orientation, and
promote the use of double or triple glazing
wherever possible. Encourage every exterior
window to be shaded appropriately for the
window orientation.

Consistent.  All windows installed on the proposed
warehouse will exceed the 2019 Title 24 Part 6 building standards that require the use of either double glazing or extra thick glass that provides enhanced insulation.  In addition, the windows will be primarily placed on the east side of the structure, in order to minimize the amount of sunlight and associated heat transfer on the windows.

LC 7.11 Encourage the use of energy‐efficient
heating, ventilation and air conditioning
(HVAC) Systems and electrical systems.

Consistent.  The proposed warehouse will be designed to meet the 2019 Title 24 energy efficiency standards, that require installation of energy efficient HVAC systems.

Goal OS 3:  Energy conservation and renewable energy production is maximized to reduce natural resources and fossil fuels consumption.

OS 3.1 Promote the use of renewable energy and
support efforts to develop small‐scale,
distributed energy (e.g., solar power and
wind power) to reduce the amount of
electricity drawn from the regional power
grid, while providing Adelanto with a
greater degree of energy self‐sufficiency.

Consistent.  The proposed warehouse will be designed to meet the 2019 Title 24 Part 6 building standards that
require that new non‐residential buildings be designed to be “solar ready” that includes structurally designing the roof to support solar PV panels and installation of electrical conduit to support PV panels.
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Policy
No. General Plan Policy Proposed Project Implementation Actions OS 3.2 Encourage new warehousing,
manufacturing, industrial, and large
commercial retail buildings to be designed
to accommodate future rooftop solar panel
systems.

Consistent.  The proposed warehouse will be designed to meet the 2019 Title 24 Part 6 building standards that
require that new non‐residential buildings be designed to be “solar ready” that includes structurally designing the roof to support solar PV panels and installation of electrical conduit to support PV panels.

OS 3.5 Require all new development to provide site
design and building orientation that take
into account passive solar design to reduce
heating and cooling loads through energy‐
efficiency strategies.

Consistent.  The proposed warehouse will be oriented in an east‐west direction, with the windows concentrated on the east side to minimize sun exposure and associated heat
transfer on the windows.

OS 3.8 Conserve energy by promoting efficient and
cost‐effective lighting that reduces glare and
light pollution.

Consistent.  All lighting on the project site will be required to meet the CalGreen Building Standards, which require the installation of LED or other energy efficient lighting and also requires the use of lighting controls that automatically dim or turn off lights when sensors determine that no people are in the area.

Source: City of Adelanto, 2014.

As shown in Table O, the proposed project would be consistent with all applicable energy‐related policies from the Comprehensive Sustainable Plan.  Therefore, the proposed project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. Impacts would be less than significant.

Level of Significance
Less than significant impact.

10.8 Generation of Greenhouse Gas Emissions
The proposed project would not generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment.   The proposed project would consist of development of a warehouse distribution facility.   The proposed project is anticipated to generate GHG emissions from construction activities and from operational activities that would include area sources, energy usage, mobile sources, off‐road equipment, waste disposal, and water usage.

The MDAQMD shares responsibility with CARB for ensuring that all state and federal GHG standards are achieved and maintained within its jurisdiction. The MDAQMD CEQA Guidelines provides a project level significance threshold of 100,000 tons of CO2e per year for both construction and operational activities.

The MDAQMD developed this threshold in order to comply with the GHG emission reductions required by AB 32.

The project’s GHG emissions have been calculated with the CalEEMod model based on the construction and operational parameters detailed above in Section 7.1.  A summary of the results is shown below in Table P and the CalEEMod model run is provided in Appendix A. 638

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Table P – Project Related Greenhouse Gas Annual Emissions Greenhouse Gas Emissions (Metric Tons per Year)
Category CO2 CH4 N2O CO2e
Construction
Year 2023 332.88 0.07 <0.01 336.01
Year 2024 18.49 <0.01 <0.01 18.62
Total Construction Emissions 351.37 0.08 <0.01 354.63
Amortized Construction Emissions1 (30 Years) 11.71 <0.01 <0.01 11.82 Operations
Area Sources2 <0.01 0.00 0.00 <0.01
Energy Usage3 26.95 <0.01 <0.01 27.09
Mobile Sources4 372.44 0.02 0.05 387.29
Off‐Road Equipment5 22.80 <0.01 0.00 22.99
Solid Waste6 9.50 0.56 0.00 23.54
Water and Wastewater7 30.25 0.38 <0.01 42.41
Total Operational Emissions 461.94 0.97 0.06 503.32
Total Annual Emission (Construction & Operations) 473.65 0.97 0.06 515.14 Threshold of Significance 100,000
Exceed Thresholds? No
Notes:
1 Construction emissions amortized over 30 years as recommended in the SCAQMD GHG Working Group on November 19, 2009. 2 Area sources consist of GHG emissions from consumer products, architectural coatings, and landscaping equipment. 3 Energy usage consists of GHG emissions from electricity and natural gas usage.   4 Mobile sources consist of GHG emissions from vehicles. 5 Off‐road equipment consists of emissions from forklifts utilized onsite (Project Design Feature 1 restricts the operation of diesel‐powered forklifts, so forklifts have been analyzed as CNG‐powered. 6Waste includes the CO2 and CH4 emissions created from the solid waste placed in landfills. 7Water includes GHG emissions from electricity used for transport of water and processing of wastewater.

Source: CalEEMod Version 2020.4.0.

The data provided in Table P showsthat the construction activities would create a total of 354.63 MTCO2e, which equates to 11.82 MTCO2e per year, when amortized over 30 years.   Table P also shows that operational activities would create 503.32 MTCO2e per year and when combined with the amortized construction emissions, the proposed project would create a total of 515.14 MTCO2e per year, which is within the MDAQMD threshold of 100,000 MTCO2e per year that is described above in Section 9.1.

Therefore, a less than significant generation of greenhouse gas emissions would occur from development of the proposed project.  Impacts would be less than significant.

Level of Significance
Less than significant impact.

10.9 Greenhouse Gas Plan Consistency
The proposed project would not conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing GHG emissions.  The proposed project would consist of development of a warehouse distribution facility.  As detailed above in Section 10.8, the proposed project is anticipated to create 515.14 MTCO2e per year, which is well below the MDAQMD threshold of significance of 100,000 MTCO2e per year.  The MDAQMD developed this threshold in order to meet the State GHG emissions reduction regulations that was based on substantial evidence supporting the use of the recommended 639

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thresholds.   Therefore, the proposed project would not conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases.

Level of Significance
Less than significant impact.
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11.0 REFERENCES
Breeze Software, California Emissions Estimator Model (CalEEMod) version 2020.4.0.

California Air Resources Board, 2017 Off‐Road Diesel Emission Factor Update for NOx and PM, 2017.

California Air Resources Board, Appendix VII Risk Characterization Scenarios, October 2000.

California Air Resources Board, California’s 2017 Climate Change Scoping Plan, November 2017.

California Air Resources Board, First Update to the Climate Change Scoping Plan, May 2014.

California Air Resources Board, Resolution 08‐43, December 12, 2008.

California Air Resources Board, Recommended Approaches for Setting Interim Significance Thresholds for Greenhouse Gases under the California Environmental Quality Act, on October 24, 2008.

California Air Resources Board, Final Staff Report Proposed Update to the SB 375 Greenhouse Gas Emission Reduction Targets, October 2017.

California Air Resources Board, The California Almanac of Emissions and Air Quality 2013 Edition.

California Department of Conservation, A General Guide for Ultramafic Rocks in California – Areas More Likely to Contain Naturally Occurring Asbestos, August, 2000.

City of Adelanto, Adelanto North 2035 Comprehensive Sustainable Plan, August 27, 2014.

City of Adelanto, City of Adelanto General Plan Land Use & Zoning Map, March 22, 2022.

Environmental Protection Agency, Nonattainment Major New Source Review Implementation Under 8‐ Hour Ozone National Ambient Air Quality Standard: Reconsideration, June 30, 2005.

Environmental Protection Agency, Inventory of U.S. Greenhouse Gas Emissions and Sinks 1990‐2018, April 13, 2020.

International Code Council, Guide to the 2016 California Green Building Standards Code Nonresidential, January 2017.

Mojave Desert Air Quality Management District, California Environmental Quality Act (CEQA) and Federal Conformity Guidelines, February, 2020.

Mojave Desert Air Quality Management District, Rule 402 Nuisance, Readopted July 25, 1977.

Mojave Desert Air Quality Management District, Rule 403 Fugitive Dust, Readopted July 25, 1977.

Mojave Desert Air Quality Management District, Rule 1103 Cutback and Emulsified Asphalt, Adopted December 21, 1994.

Mojave Desert Air Quality Management District, Rule 1113 Architectural Coatings, Amended April 23, 2012.
641

16454 Adelanto Road Warehouse Project, Air Quality, Energy, and GHG Emissions Impact Analysis City of Adelanto

Page 61 ends

Office of Environmental Health Hazard Assessment (OEHHA), Air Toxics Hot Spots Program Risk Assessment Guidelines Guidance Manual for Preparation of Health Risk Assessments, February 2015 Southern California Association of Governments, 2020‐2045 Regional Transportation Plan/Sustainable Communities Strategy (Connect SoCal), September 3, 2020.

Southern California Association of Governments, 2019 Federal Transportation Improvement Program (FTIP) Guidelines, September 2018.

University of California, Davis, Transportation Project‐Level Carbon Monoxide Protocol, December 1997.

U.S. Geological Survey, Reported Historic Asbestos Mines, Historic Asbestos Prospects, and Other Natural Occurrences of Asbestos in California, 2011.
642

16454 Adelanto Road Warehouse Project, Air Quality, Energy, and GHG Emissions Impact Analysis City of Adelanto
Appendix  A

APPENDIX A
CalEEMod Model Annual Printouts
643
16454 Adelanto Rd Warehouse
San Bernardino-Mojave Desert County, Annual

1.1 Land Usage
Project Characteristics -
Land Use - Total Project Site 3.17 acres
Construction Phase -
Trips and VMT - 6 vendor trips added to Site Preparation and Grading phases to account for water truck emissions Grading - 725 cu yds of dirt imported
Vehicle Trips - Daily Trip Rate Set to match VMT Memo of 101 daily trips + 15 truck trips from Project Description Construction Off-road Equipment Mitigation - Water Exposed Area 2x per day selected to account for MDAQMD Rule 403 minimum requirements Water Mitigation - Install low-flow fixtures and use water-efficient irrigation system selected to account for Title 24 Part 11 requirements Operational Off-Road Equipment - 1 Forklift 8 hours per day. Per PDF 1 analyzed as CNG Fleet Mix - Parking Lot set to 100% HHD; Warehouse set to only Autos Land Uses Size Metric Lot Acreage Floor Surface Area Population Unrefrigerated Warehouse-No Rail 49.80 1000sqft 1.46 49,798.00 0 Parking Lot 45.00 Space 1.71 18,000.00 0

1.2 Other Project Characteristics
Urbanization
Climate Zone
Urban
10 Wind Speed (m/s) Precipitation Freq (Days) 2.6 32

1.0 Project Characteristics
Utility Company

1.3 User Entered Comments & Non-Default Data
Southern California Edison
2024 Operational Year
CO2 Intensity
(lb/MWhr)
390.98 0.033 CH4 Intensity
(lb/MWhr)

0.004 N2O Intensity
(lb/MWhr)
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 1 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 644
Table Name Column Name Default Value New Value
tblFleetMix HHD 0.02 1.00
tblFleetMix HHD 0.02 0.00
tblFleetMix LDA 0.54 0.00
tblFleetMix LDA 0.54 0.58
tblFleetMix LDT1 0.06 0.00
tblFleetMix LDT1 0.06 0.06
tblFleetMix LDT2 0.17 0.00
tblFleetMix LDT2 0.17 0.19
tblFleetMix LHD1 0.03 0.00
tblFleetMix LHD1 0.03 0.00
tblFleetMix LHD2 7.1040e-003 0.00
tblFleetMix LHD2 7.1040e-003 0.00
tblFleetMix MCY 0.03 0.00
tblFleetMix MCY 0.03 0.03
tblFleetMix MDV 0.14 0.00
tblFleetMix MDV 0.14 0.15
tblFleetMix MH 4.8300e-003 0.00
tblFleetMix MH 4.8300e-003 0.00
tblFleetMix MHD 0.01 0.00
tblFleetMix MHD 0.01 0.00
tblFleetMix OBUS 5.5400e-004 0.00
tblFleetMix OBUS 5.5400e-004 0.00
tblFleetMix SBUS 9.5400e-004 0.00
tblFleetMix SBUS 9.5400e-004 0.00
tblFleetMix UBUS 2.5100e-004 0.00
tblFleetMix UBUS 2.5100e-004 0.00
tblGrading MaterialImported 0.00 725.00
tblLandUse LandUseSquareFeet 49,800.00 49,798.00
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 2 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 645

2.0 Emissions Summary
tblLandUse LotAcreage 1.14 1.46
tblLandUse LotAcreage 0.41 1.71
tblOperationalOffRoadEquipment OperFuelType Diesel CNG
tblOperationalOffRoadEquipment OperOffRoadEquipmentNumber 0.00 1.00 tblTripsAndVMT VendorTripNumber 0.00 6.00
tblTripsAndVMT VendorTripNumber 0.00 6.00
tblVehicleTrips CC_TL 7.30 40.00
tblVehicleTrips CC_TTP 0.00 100.00
tblVehicleTrips PR_TP 0.00 100.00
tblVehicleTrips ST_TR 0.00 0.33
tblVehicleTrips ST_TR 1.74 2.03
tblVehicleTrips SU_TR 0.00 0.33
tblVehicleTrips SU_TR 1.74 2.03
tblVehicleTrips WD_TR 0.00 0.33
tblVehicleTrips WD_TR 1.74 2.03
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 3 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 646

2.1 Overall Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year tons/yr MT/yr
2023 0.2057 1.8568 2.0781 3.8100e0030.1138 0.0873 0.2011 0.0488 0.0820 0.1308 0.0000 332.8796 332.8796 0.0709 4.5500e003336.0076 2024 0.5957 0.0859 0.1318 2.1000e0041.8900e0034.1500e0036.0300e0035.0000e0043.8700e0034.3700e0030.0000 18.4918 18.4918 4.8000e0034.0000e00518.6239 Maximum 0.5957 1.8568 2.0781 3.8100e0030.1138 0.0873 0.2011 0.0488 0.0820 0.1308 0.0000 332.8796 332.8796 0.0709 4.5500e003336.0076 Unmitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year tons/yr MT/yr
2023 0.2057 1.8568 2.0781 3.8100e0030.0712 0.0873 0.1585 0.0274 0.0820 0.1094 0.0000 332.8792 332.8792 0.0709 4.5500e003336.0073 2024 0.5957 0.0859 0.1318 2.1000e0041.8900e0034.1500e0036.0300e0035.0000e0043.8700e0034.3700e0030.0000 18.4918 18.4918 4.8000e0034.0000e00518.6239 Maximum 0.5957 1.8568 2.0781 3.8100e0030.0712 0.0873 0.1585 0.0274 0.0820 0.1094 0.0000 332.8792 332.8792 0.0709 4.5500e003336.0073 Mitigated Construction
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 4 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 647
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction

0.00 0.00 0.00 0.00 36.86 0.00 20.59 43.46 0.00 15.85 0.00 0.00 0.00 0.00 0.00 0.00 Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter) Maximum Mitigated ROG + NOX (tons/quarter) 1 1-2-2023 4-1-2023 0.4358 0.4358
2 4-2-2023 7-1-2023 0.5368 0.5368
3 7-2-2023 10-1-2023 0.5427 0.5427
4 10-2-2023 1-1-2024 0.5256 0.5256
5 1-2-2024 4-1-2024 0.6965 0.6965
Highest 0.6965 0.6965
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 5 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 648

2.2 Overall Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Area 0.2541 1.0000e0058.7000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.6900e0031.6900e0030.0000 0.0000 1.8000e003 Energy 5.4000e0044.9100e0034.1200e0033.0000e0053.7000e0043.7000e0043.7000e0043.7000e0040.0000 26.9476 26.9476 1.9300e0033.2000e00427.0909 Mobile 0.0592 0.6063 0.6307 3.8200e0030.2027 6.6600e0030.2094 0.0546 6.3500e0030.0610 0.0000 372.4373 372.4373 0.0178 0.0484 387.2949 Offroad 1.7400e0030.0849 1.1992 2.0000e0041.2800e0031.2800e0031.2800e0031.2800e0030.0000 22.8044 22.8044 7.3800e0030.0000 22.9888 Waste 0.0000 0.0000 0.0000 0.0000 9.5020 0.0000 9.5020 0.5616 0.0000 23.5408 Water 0.0000 0.0000 0.0000 0.0000 3.6536 26.5935 30.2471 0.3775 9.1300e00342.4062 Total 0.3155 0.6961 1.8349 4.0500e0030.2027 8.3100e0030.2110 0.0546 8.0000e0030.0626 13.1556 448.7846 461.9401 0.9661 0.0578 503.3233 Unmitigated Operational
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 6 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 649

2.2 Overall Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Area 0.2541 1.0000e0058.7000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.6900e0031.6900e0030.0000 0.0000 1.8000e003 Energy 5.4000e0044.9100e0034.1200e0033.0000e0053.7000e0043.7000e0043.7000e0043.7000e0040.0000 26.9476 26.9476 1.9300e0033.2000e00427.0909 Mobile 0.0592 0.6063 0.6307 3.8200e0030.2027 6.6600e0030.2094 0.0546 6.3500e0030.0610 0.0000 372.4373 372.4373 0.0178 0.0484 387.2949 Offroad 1.7400e0030.0849 1.1992 2.0000e0041.2800e0031.2800e0031.2800e0031.2800e0030.0000 22.8044 22.8044 7.3800e0030.0000 22.9888 Waste 0.0000 0.0000 0.0000 0.0000 9.5020 0.0000 9.5020 0.5616 0.0000 23.5408 Water 0.0000 0.0000 0.0000 0.0000 3.0836 22.4449 25.5285 0.3186 7.7100e00335.7908 Total 0.3155 0.6961 1.8349 4.0500e0030.2027 8.3100e0030.2110 0.0546 8.0000e0030.0626 12.5856 444.6360 457.2216 0.9072 0.0564 496.7080 Mitigated Operational

3.0 Construction Detail
Construction Phase
Phase
Number
Phase Name Phase Type Start Date End Date Num Days
Week
Num Days Phase Description
1 Site Preparation Site Preparation 1/25/2023 1/31/2023 5 5 2 Grading Grading 2/1/2023 2/10/2023 5 8
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.33 0.92 1.02 6.10 2.46 1.31 CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 7 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 650
3 Building Construction Building Construction 2/13/2023 12/29/2023 5 230 4 Paving Paving 1/2/2024 1/25/2024 5 18
5 Architectural Coating Architectural Coating 1/26/2024 2/20/2024 5 18 OffRoad Equipment
Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Site Preparation Rubber Tired Dozers 3 8.00 247 0.40
Site Preparation Tractors/Loaders/Backhoes 4 8.00 97 0.37 Grading Excavators 1 8.00 158 0.38
Grading Graders 1 8.00 187 0.41
Grading Rubber Tired Dozers 1 8.00 247 0.40
Grading Tractors/Loaders/Backhoes 3 8.00 97 0.37
Building Construction Cranes 1 7.00 231 0.29
Building Construction Forklifts 3 8.00 89 0.20
Building Construction Generator Sets 1 8.00 84 0.74
Building Construction Tractors/Loaders/Backhoes 3 7.00 97 0.37 Building Construction Welders 1 8.00 46 0.45
Paving Cement and Mortar Mixers 2 6.00 9 0.56
Paving Pavers 1 8.00 130 0.42
Paving Paving Equipment 2 6.00 132 0.36
Paving Rollers 2 6.00 80 0.38
Paving Tractors/Loaders/Backhoes 1 8.00 97 0.37
Architectural Coating Air Compressors 1 6.00 78 0.48
Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 74,697; Non-Residential Outdoor: 24,899; Striped Parking Area: 1,080 (Architectural Coating – sqft)
Acres of Grading (Site Preparation Phase): 7.5
Acres of Grading (Grading Phase): 8
Acres of Paving: 1.71
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 8 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 651

3.2 Site Preparation - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 0.0491 0.0000 0.0491 0.0253 0.0000 0.0253 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.6500e0030.0688 0.0456 1.0000e0043.1700e0033.1700e0032.9100e0032.9100e0030.0000 8.3627 8.3627 2.7000e0030.0000 8.4303 Total 6.6500e0030.0688 0.0456 1.0000e0040.0491 3.1700e0030.0523 0.0253 2.9100e0030.0282 0.0000 8.3627 8.3627 2.7000e0030.0000 8.4303 Trips and VMT

3.1 Mitigation Measures Construction
Water Exposed Area
Unmitigated Construction On-Site
Phase Name Offroad Equipment
Count
Worker Trip
Number
Vendor Trip
Number
Hauling Trip
Number
Worker Trip
Length
Vendor Trip
Length
Hauling Trip
Length
Worker Vehicle
Class
Vendor
Vehicle Class
Hauling
Vehicle Class
Site Preparation 7 18.00 6.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 6 15.00 6.00 91.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 9 28.00 11.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 8 20.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 6.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 9 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 652

3.2 Site Preparation - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 2.0000e0055.7000e0042.3000e0040.0000 1.0000e0040.0000 1.0000e0043.0000e0050.0000 3.0000e0050.0000 0.2751 0.2751 1.0000e0054.0000e0050.2874 Worker 1.3000e0049.0000e0051.1400e0030.0000 3.6000e0040.0000 3.6000e0041.0000e0040.0000 1.0000e0040.0000 0.2852 0.2852 1.0000e0051.0000e0050.2879 Total 1.5000e0046.6000e0041.3700e0030.0000 4.6000e0040.0000 4.6000e0041.3000e0040.0000 1.3000e0040.0000 0.5603 0.5603 2.0000e0055.0000e0050.5753 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 0.0221 0.0000 0.0221 0.0114 0.0000 0.0114 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.6500e0030.0688 0.0456 1.0000e0043.1700e0033.1700e0032.9100e0032.9100e0030.0000 8.3627 8.3627 2.7000e0030.0000 8.4303 Total 6.6500e0030.0688 0.0456 1.0000e0040.0221 3.1700e0030.0253 0.0114 2.9100e0030.0143 0.0000 8.3627 8.3627 2.7000e0030.0000 8.4303 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 10 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 653

3.2 Site Preparation - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 2.0000e0055.7000e0042.3000e0040.0000 1.0000e0040.0000 1.0000e0043.0000e0050.0000 3.0000e0050.0000 0.2751 0.2751 1.0000e0054.0000e0050.2874 Worker 1.3000e0049.0000e0051.1400e0030.0000 3.6000e0040.0000 3.6000e0041.0000e0040.0000 1.0000e0040.0000 0.2852 0.2852 1.0000e0051.0000e0050.2879 Total 1.5000e0046.6000e0041.3700e0030.0000 4.6000e0040.0000 4.6000e0041.3000e0040.0000 1.3000e0040.0000 0.5603 0.5603 2.0000e0055.0000e0050.5753 Mitigated Construction Off-Site

3.3 Grading - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 0.0284 0.0000 0.0284 0.0137 0.0000 0.0137 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.8400e0030.0717 0.0590 1.2000e0043.1000e0033.1000e0032.8500e0032.8500e0030.0000 10.4243 10.4243 3.3700e0030.0000 10.5085 Total 6.8400e0030.0717 0.0590 1.2000e0040.0284 3.1000e0030.0315 0.0137 2.8500e0030.0166 0.0000 10.4243 10.4243 3.3700e0030.0000 10.5085 Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 11 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 654

3.3 Grading - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 1.1000e0045.2900e0031.5400e0033.0000e0057.8000e0045.0000e0058.4000e0042.2000e0045.0000e0052.7000e0040.0000 2.5285 2.5285 1.1000e0044.0000e0042.6506 Vendor 3.0000e0059.2000e0043.6000e0040.0000 1.6000e0041.0000e0051.7000e0045.0000e0051.0000e0055.0000e0050.0000 0.4401 0.4401 1.0000e0057.0000e0050.4598 Worker 1.7000e0041.2000e0041.5200e0030.0000 4.8000e0040.0000 4.9000e0041.3000e0040.0000 1.3000e0040.0000 0.3803 0.3803 1.0000e0051.0000e0050.3839 Total 3.1000e0046.3300e0033.4200e0033.0000e0051.4200e0036.0000e0051.5000e0034.0000e0046.0000e0054.5000e0040.0000 3.3489 3.3489 1.3000e0044.8000e0043.4943 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 0.0128 0.0000 0.0128 6.1700e0030.0000 6.1700e0030.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.8400e0030.0717 0.0590 1.2000e0043.1000e0033.1000e0032.8500e0032.8500e0030.0000 10.4242 10.4242 3.3700e0030.0000 10.5085 Total 6.8400e0030.0717 0.0590 1.2000e0040.0128 3.1000e0030.0159 6.1700e0032.8500e0039.0200e0030.0000 10.4242 10.4242 3.3700e0030.0000 10.5085 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 12 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 655

3.3 Grading - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 1.1000e0045.2900e0031.5400e0033.0000e0057.8000e0045.0000e0058.4000e0042.2000e0045.0000e0052.7000e0040.0000 2.5285 2.5285 1.1000e0044.0000e0042.6506 Vendor 3.0000e0059.2000e0043.6000e0040.0000 1.6000e0041.0000e0051.7000e0045.0000e0051.0000e0055.0000e0050.0000 0.4401 0.4401 1.0000e0057.0000e0050.4598 Worker 1.7000e0041.2000e0041.5200e0030.0000 4.8000e0040.0000 4.9000e0041.3000e0040.0000 1.3000e0040.0000 0.3803 0.3803 1.0000e0051.0000e0050.3839 Total 3.1000e0046.3300e0033.4200e0033.0000e0051.4200e0036.0000e0051.5000e0034.0000e0046.0000e0054.5000e0040.0000 3.3489 3.3489 1.3000e0044.8000e0043.4943 Mitigated Construction Off-Site

3.4 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.1809 1.6543 1.8681 3.1000e0030.0805 0.0805 0.0757 0.0757 0.0000 266.5755 266.5755 0.0634 0.0000 268.1608 Total 0.1809 1.6543 1.8681 3.1000e0030.0805 0.0805 0.0757 0.0757 0.0000 266.5755 266.5755 0.0634 0.0000 268.1608 Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 13 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 656

3.4 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.4600e0030.0484 0.0192 2.4000e0048.4400e0033.5000e0048.7900e0032.4400e0033.4000e0042.7700e0030.0000 23.1983 23.1983 6.0000e0043.4300e00324.2346 Worker 9.3800e0036.5900e0030.0815 2.2000e0040.0260 1.3000e0040.0261 6.8900e0031.2000e0047.0200e0030.0000 20.4097 20.4097 6.4000e0046.0000e00420.6038 Total 0.0108 0.0550 0.1007 4.6000e0040.0344 4.8000e0040.0349 9.3300e0034.6000e0049.7900e0030.0000 43.6080 43.6080 1.2400e0034.0300e00344.8384 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.1809 1.6543 1.8681 3.1000e0030.0805 0.0805 0.0757 0.0757 0.0000 266.5751 266.5751 0.0634 0.0000 268.1605 Total 0.1809 1.6543 1.8681 3.1000e0030.0805 0.0805 0.0757 0.0757 0.0000 266.5751 266.5751 0.0634 0.0000 268.1605 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 14 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 657

3.4 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.4600e0030.0484 0.0192 2.4000e0048.4400e0033.5000e0048.7900e0032.4400e0033.4000e0042.7700e0030.0000 23.1983 23.1983 6.0000e0043.4300e00324.2346 Worker 9.3800e0036.5900e0030.0815 2.2000e0040.0260 1.3000e0040.0261 6.8900e0031.2000e0047.0200e0030.0000 20.4097 20.4097 6.4000e0046.0000e00420.6038 Total 0.0108 0.0550 0.1007 4.6000e0040.0344 4.8000e0040.0349 9.3300e0034.6000e0049.7900e0030.0000 43.6080 43.6080 1.2400e0034.0300e00344.8384 Mitigated Construction Off-Site

3.5 Paving - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 7.9300e0030.0745 0.1100 1.7000e0043.5900e0033.5900e0033.3200e0033.3200e0030.0000 14.7423 14.7423 4.6300e0030.0000 14.8581 Paving 2.2400e0030.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0102 0.0745 0.1100 1.7000e0043.5900e0033.5900e0033.3200e0033.3200e0030.0000 14.7423 14.7423 4.6300e0030.0000 14.8581 Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 15 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 658

3.5 Paving - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.9000e0043.3000e0044.2500e0031.0000e0051.4500e0031.0000e0051.4600e0033.9000e0041.0000e0053.9000e0040.0000 1.1166 1.1166 3.0000e0053.0000e0051.1267 Total 4.9000e0043.3000e0044.2500e0031.0000e0051.4500e0031.0000e0051.4600e0033.9000e0041.0000e0053.9000e0040.0000 1.1166 1.1166 3.0000e0053.0000e0051.1267 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 7.9300e0030.0745 0.1100 1.7000e0043.5900e0033.5900e0033.3200e0033.3200e0030.0000 14.7423 14.7423 4.6300e0030.0000 14.8581 Paving 2.2400e0030.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0102 0.0745 0.1100 1.7000e0043.5900e0033.5900e0033.3200e0033.3200e0030.0000 14.7423 14.7423 4.6300e0030.0000 14.8581 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 16 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 659

3.5 Paving - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.9000e0043.3000e0044.2500e0031.0000e0051.4500e0031.0000e0051.4600e0033.9000e0041.0000e0053.9000e0040.0000 1.1166 1.1166 3.0000e0053.0000e0051.1267 Total 4.9000e0043.3000e0044.2500e0031.0000e0051.4500e0031.0000e0051.4600e0033.9000e0041.0000e0053.9000e0040.0000 1.1166 1.1166 3.0000e0053.0000e0051.1267 Mitigated Construction Off-Site

3.6 Architectural Coating - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Archit. Coating 0.5833 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.6300e0030.0110 0.0163 3.0000e0055.5000e0045.5000e0045.5000e0045.5000e0040.0000 2.2979 2.2979 1.3000e0040.0000 2.3012 Total 0.5849 0.0110 0.0163 3.0000e0055.5000e0045.5000e0045.5000e0045.5000e0040.0000 2.2979 2.2979 1.3000e0040.0000 2.3012 Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 17 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 660

3.6 Architectural Coating - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.5000e0041.0000e0041.2800e0030.0000 4.4000e0040.0000 4.4000e0041.2000e0040.0000 1.2000e0040.0000 0.3350 0.3350 1.0000e0051.0000e0050.3380 Total 1.5000e0041.0000e0041.2800e0030.0000 4.4000e0040.0000 4.4000e0041.2000e0040.0000 1.2000e0040.0000 0.3350 0.3350 1.0000e0051.0000e0050.3380 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Archit. Coating 0.5833 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.6300e0030.0110 0.0163 3.0000e0055.5000e0045.5000e0045.5000e0045.5000e0040.0000 2.2979 2.2979 1.3000e0040.0000 2.3012 Total 0.5849 0.0110 0.0163 3.0000e0055.5000e0045.5000e0045.5000e0045.5000e0040.0000 2.2979 2.2979 1.3000e0040.0000 2.3012 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 18 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 661

3.6 Architectural Coating - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.5000e0041.0000e0041.2800e0030.0000 4.4000e0040.0000 4.4000e0041.2000e0040.0000 1.2000e0040.0000 0.3350 0.3350 1.0000e0051.0000e0050.3380 Total 1.5000e0041.0000e0041.2800e0030.0000 4.4000e0040.0000 4.4000e0041.2000e0040.0000 1.2000e0040.0000 0.3350 0.3350 1.0000e0051.0000e0050.3380 Mitigated Construction Off-Site

4.0 Operational Detail - Mobile

4.1 Mitigation Measures Mobile
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 19 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 662
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Mitigated 0.0592 0.6063 0.6307 3.8200e0030.2027 6.6600e0030.2094 0.0546 6.3500e0030.0610 0.0000 372.4373 372.4373 0.0178 0.0484 387.2949 Unmitigated 0.0592 0.6063 0.6307 3.8200e0030.2027 6.6600e0030.2094 0.0546 6.3500e0030.0610 0.0000 372.4373 372.4373 0.0178 0.0484 387.2949

4.2 Trip Summary Information

4.3 Trip Type Information
Average Daily Trip Rate Unmitigated Mitigated
Land Use Weekday Saturday Sunday Annual VMT Annual VMT
Parking Lot 14.85 14.85 14.85 216,216 216,216
Unrefrigerated Warehouse-No Rail 101.09 101.09 101.09 295,145 295,145 Total 115.94 115.94 115.94 511,361 511,361
Miles Trip % Trip Purpose %
Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by Parking Lot 9.50 40.00 7.30 0.00 100.00 0.00 100 0 0
Unrefrigerated Warehouse-No
Rail

9.50 7.30 7.30 59.00 0.00 41.00 92 5 3

4.4 Fleet Mix
Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH Parking Lot 0.000000 0.000000 0.000000 0.000000 0.000000 0.000000 0.000000 1.000000 0.000000 0.000000 0.000000 0.000000 0.000000 Unrefrigerated Warehouse-No
Rail

0.579000 0.059000 0.185000 0.150000 0.000000 0.000000 0.000000 0.000000 0.000000 0.000000 0.027000 0.000000 0.000000 CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 20 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 663

5.0 Energy Detail
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Electricity
Mitigated

0.0000 0.0000 0.0000 0.0000 0.0000 21.6063 21.6063 1.8200e0032.2000e00421.7177 Electricity
Unmitigated

0.0000 0.0000 0.0000 0.0000 0.0000 21.6063 21.6063 1.8200e0032.2000e00421.7177 NaturalGas
Mitigated

5.4000e0044.9100e0034.1200e0033.0000e0053.7000e0043.7000e0043.7000e0043.7000e0040.0000 5.3414 5.3414 1.0000e0041.0000e0045.3731 NaturalGas
Unmitigated

5.4000e0044.9100e0034.1200e0033.0000e0053.7000e0043.7000e0043.7000e0043.7000e0040.0000 5.3414 5.3414 1.0000e0041.0000e0045.3731 Historical Energy Use: N

5.1 Mitigation Measures Energy
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 21 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 664

5.2 Energy by Land Use - NaturalGas
NaturalGa
s Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Land Use kBTU/yr tons/yr MT/yr
Parking Lot 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unrefrigerated
Warehouse-No
Rail
100094 5.4000e0044.9100e0034.1200e0033.0000e0053.7000e0043.7000e0043.7000e0043.7000e0040.0000 5.3414 5.3414 1.0000e0041.0000e0045.3731 Total 5.4000e0044.9100e0034.1200e0033.0000e0053.7000e0043.7000e0043.7000e0043.7000e0040.0000 5.3414 5.3414 1.0000e0041.0000e0045.3731 Unmitigated
NaturalGa
s Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Land Use kBTU/yr tons/yr MT/yr
Parking Lot 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unrefrigerated
Warehouse-No
Rail
100094 5.4000e0044.9100e0034.1200e0033.0000e0053.7000e0043.7000e0043.7000e0043.7000e0040.0000 5.3414 5.3414 1.0000e0041.0000e0045.3731 Total 5.4000e0044.9100e0034.1200e0033.0000e0053.7000e0043.7000e0043.7000e0043.7000e0040.0000 5.3414 5.3414 1.0000e0041.0000e0045.3731 Mitigated
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 22 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 665

5.3 Energy by Land Use - Electricity

6.0 Area Detail
Electricity
Use
Total CO2 CH4 N2O CO2e
Land Use kWh/yr MT/yr
Parking Lot 6300 1.1173 9.0000e0051.0000e0051.1230
Unrefrigerated
Warehouse-No
Rail
115531 20.4890 1.7300e0032.1000e00420.5947
Total 21.6063 1.8200e0032.2000e00421.7177
Unmitigated
Electricity
Use
Total CO2 CH4 N2O CO2e
Land Use kWh/yr MT/yr
Parking Lot 6300 1.1173 9.0000e0051.0000e0051.1230
Unrefrigerated
Warehouse-No
Rail
115531 20.4890 1.7300e0032.1000e00420.5947
Total 21.6063 1.8200e0032.2000e00421.7177
Mitigated
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 23 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 666

6.1 Mitigation Measures Area
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Mitigated 0.2541 1.0000e0058.7000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.6900e0031.6900e0030.0000 0.0000 1.8000e003 Unmitigated 0.2541 1.0000e0058.7000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.6900e0031.6900e0030.0000 0.0000 1.8000e003

6.2 Area by SubCategory
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
SubCategory tons/yr MT/yr
Architectural
Coating

0.0583 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer
Products

0.1957 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 8.0000e0051.0000e0058.7000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.6900e0031.6900e0030.0000 0.0000 1.8000e003 Total 0.2541 1.0000e0058.7000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.6900e0031.6900e0030.0000 0.0000 1.8000e003 Unmitigated
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 24 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 667

6.2 Area by SubCategory

7.0 Water Detail

7.1 Mitigation Measures Water
Install Low Flow Bathroom Faucet
Install Low Flow Kitchen Faucet
Install Low Flow Toilet
Use Water Efficient Irrigation System
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
SubCategory tons/yr MT/yr
Architectural
Coating

0.0583 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer
Products

0.1957 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 8.0000e0051.0000e0058.7000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.6900e0031.6900e0030.0000 0.0000 1.8000e003 Total 0.2541 1.0000e0058.7000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.6900e0031.6900e0030.0000 0.0000 1.8000e003 Mitigated
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 25 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 668
Total CO2 CH4 N2O CO2e
Category MT/yr
Mitigated 25.5285 0.3186 7.7100e00335.7908
Unmitigated 30.2471 0.3775 9.1300e00342.4062

7.2 Water by Land Use
Indoor/Out
door Use
Total CO2 CH4 N2O CO2e
Land Use Mgal MT/yr
Parking Lot 0 / 0 0.0000 0.0000 0.0000 0.0000
Unrefrigerated
Warehouse-No
Rail

11.5162 /
0 30.2471 0.3775 9.1300e00342.4062
Total 30.2471 0.3775 9.1300e00342.4062
Unmitigated
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 26 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 669

7.2 Water by Land Use
Indoor/Out
door Use
Total CO2 CH4 N2O CO2e
Land Use Mgal MT/yr
Parking Lot 0 / 0 0.0000 0.0000 0.0000 0.0000
Unrefrigerated
Warehouse-No
Rail

9.71972 /
0 25.5285 0.3186 7.7100e00335.7908
Total 25.5285 0.3186 7.7100e00335.7908
Mitigated

8.0 Waste Detail

8.1 Mitigation Measures Waste
Total CO2 CH4 N2O CO2e
MT/yr
Mitigated 9.5020 0.5616 0.0000 23.5408
Unmitigated 9.5020 0.5616 0.0000 23.5408
Category/Year
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 27 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 670

8.2 Waste by Land Use
Waste
Disposed
Total CO2 CH4 N2O CO2e
Land Use tons MT/yr
Parking Lot 0 0.0000 0.0000 0.0000 0.0000
Unrefrigerated
Warehouse-No
Rail

46.81 9.5020 0.5616 0.0000 23.5408
Total 9.5020 0.5616 0.0000 23.5408
Unmitigated
Waste
Disposed
Total CO2 CH4 N2O CO2e
Land Use tons MT/yr
Parking Lot 0 0.0000 0.0000 0.0000 0.0000
Unrefrigerated
Warehouse-No
Rail

46.81 9.5020 0.5616 0.0000 23.5408
Total 9.5020 0.5616 0.0000 23.5408
Mitigated

9.0 Operational Offroad
CalEEMod Version: CalEEMod.2020.4.0 Date: 7/1/2022 2:45 PM Page 28 of 29 16454 Adelanto Rd Warehouse - San Bernardino-Mojave Desert County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 671

11.0 Vegetation
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Equipment Type tons/yr MT/yr
Forklifts 1.7400e0030.0849 1.1992 2.0000e0041.2800e0031.2800e0031.2800e0031.2800e0030.0000 22.8044 22.8044 7.3800e0030.0000 22.9888 Total 1.7400e0030.0849 1.1992 2.0000e0041.2800e0031.2800e0031.2800e0031.2800e0030.0000 22.8044 22.8044 7.3800e0030.0000 22.9888 UnMitigated/Mitigated
Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type Forklifts 1 8.00 260 89 0.20 CNG

10.0 Stationary Equipment
Fire Pumps and Emergency Generators
Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers
Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment
Equipment Type Number
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16454 Adelanto Road Warehouse Project, Air Quality, Energy, and GHG Emissions Impact Analysis City of Adelanto
Appendix  B

APPENDIX B
EMFAC2017 Model Printouts
673
EMFAC2017 (v1.0.2) Emissions Inventory
Region Type: Sub‐Area
Region: San Bernardino (MD)
Calendar Year: 2023
Season: Annual
Vehicle Classification: EMFAC2007 CategoriesUnits: miles/day for VMT, trips/day for Trips, tons/day for Emissions, 1000 gallons/day for Fuel Consumption. Note 'day' in the unit is operation day.

Region Calendar YeVehicle CatModel Year Speed Fuel Population VMT Trips Fuel Consumption San Bernar 2023 HHDT Aggregated Aggregated GAS 2.4 400.8 48.0 0.1 San Bernar 2023 LDA Aggregated Aggregated GAS 373604.6 15004435.5 1757226.9 458.8 San Bernar 2023 LDT1 Aggregated Aggregated GAS 40976.7 1469084.9 185828.6 52.7 San Bernar 2023 LDT2 Aggregated Aggregated GAS 125268.7 4659706.5 580200.6 178.3 San Bernar 2023 LHDT1 Aggregated Aggregated GAS 10651.5 357360.5 158691.6 33.9 San Bernar 2023 LHDT2 Aggregated Aggregated GAS 1508.5 51808.0 22475.1 5.6 San Bernar 2023 MCY Aggregated Aggregated GAS 20700.1 271811.4 41400.2 6.9 San Bernar 2023 MDV Aggregated Aggregated GAS 98766.7 3536805.1 448742.8 170.0 San Bernar 2023 MH Aggregated Aggregated GAS 3018.8 24784.1 302.0 4.9 San Bernar 2023 MHDT Aggregated Aggregated GAS 963.9 73526.3 19286.4 14.2 San Bernar 2023 OBUS Aggregated Aggregated GAS 280.1 18001.9 5603.5 3.5 San Bernar 2023 SBUS Aggregated Aggregated GAS 53.5 3645.6 214.1 0.4 San Bernar 2023 UBUS Aggregated Aggregated GAS 43.4 4823.0 173.7 1.1 vehicle miles per day (All Categories) 25476194 930 1,000 gall per day 930,422 gallons per day
Fleet Avg Miles per gallon 27.4
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EMFAC2017 (v1.0.2) Emissions Inventory
Region Type: Sub‐Area
Region: San Bernardino (MD)
Calendar Year: 2023
Season: Annual
Vehicle Classification: EMFAC2007 CategoriesUnits: miles/day for VMT, trips/day for Trips, tons/day for Emissions, 1000 gallons/day for Fuel Consumption. Note 'day' in the unit is operation day.

Region Calendar YeVehicle CatModel YearSpeed Fuel Population VMT Trips Fuel Consumption San Bernar 2023 HHDT AggregatedAggregated DSL 14430.9 2430859.2 191159.3 328.9San Bernar 2023 LDA AggregatedAggregated DSL 3679.2 152909.1 17411.2 2.9San Bernar 2023 LDT1 AggregatedAggregated DSL 18.6 318.5 59.1 0.0San Bernar 2023 LDT2 AggregatedAggregated DSL 775.1 33541.7 3801.7 0.9San Bernar 2023 LHDT1 AggregatedAggregated DSL 11209.3 389219.2 140999.3 18.6San Bernar 2023 LHDT2 AggregatedAggregated DSL 4173.3 146659.4 52495.5 7.5San Bernar 2023 MDV AggregatedAggregated DSL 2267.0 92070.7 10889.5 3.2San Bernar 2023 MH AggregatedAggregated DSL 1186.4 9802.7 118.6 0.9San Bernar 2023 MHDT AggregatedAggregated DSL 3424.2 247270.0 30799.9 21.8San Bernar 2023 OBUS AggregatedAggregated DSL 68.7 5332.9 677.9 0.6San Bernar 2023 SBUS AggregatedAggregated DSL 626.9 19924.0 7234.0 2.6San Bernar 2023 UBUS AggregatedAggregated DSL 1.3 122.5 5.3 0.0 Diesel Truck (HHDT, MDV, MHDT) vehicle miles per day 2,770,200 354 1,000 gall per day 353,867 gallons per day
Diesel Truck Fleet Avg Miles per gallon 7.8
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APPENDIX B – Biological Resources Reconnaissance Assessment for the 16454 Adelanto Road Warehouse Distribution Facility Project prepared by Chambers Group, June 6, 2022. 676
1 June 6, 2022
5 Hutton Centre Drive, Suite 750
Santa Ana, California 92707
Chuck Minyard
Primior Development
750 North Diamond Bar Boulevard
Diamond Bar, California 91765
Subject: Biological Resources Reconnaissance Assessment for the 16454 Adelanto Road Warehouse Distribution Facility Project
Chambers Group, Inc. (Chambers Group) was retained by Primior Development to conduct a literature review and biological reconnaissance-level survey for the 16454 Adelanto Road Warehouse Distribution Facility Project (Project).

The purpose of this survey was to document existing vegetation communities, identify special status species with a potential for occurrence, and map habitats that could support special status wildlife species as well as evaluate potential impacts of the Project to these resources.

Project Site Location and Description
The approximately 3.17-acre Project site is located between two existing storage facilitiessouthwest of the intersection of Cassia Street and Adelanto Road, in the City of Adelanto, San Bernardino County, California. The Project site is a vacant lot and is bordered by Highway 395 to the west, Adelanto Road to the east, and two storage facilities to the north and south, with undeveloped land occurring on the east side of Adelanto Road. The elevation at the Project site is approximately 2,871 feet above mean sea level (amsl). Maps of the Project Location and Project Vicinity are provided in Attachment 1 (Figure 1 – Project Location and Vicinity Map). Primior Development plans to build a warehouse distribution facility within the Project site.

Methods
The Survey Area encompasses the Project site which includes the entirety of the 3.17-acre parcel.

Literature Review
Prior to performing the biological reconnaissance survey, Chambers Group staff conducted a literature review for soils, jurisdictional water features that contribute to hydrology, and special status species known to occur within the vicinity (approximately 5 miles) of the Survey Area.

Soils
Prior to performing the biological reconnaissance survey, soil maps for the Survey Area were referenced in accordance with categories set forth by the U.S. Department of Agriculture (USDA) Soil Conservation Service and the USDA Natural Resources Conservation Service (NRCS) Web Soil Survey (USDA 2022).

Hydrology
A general assessment of waters potentially regulated by the U.S. Army Corps of Engineers (USACE), California Regional Water Quality Control Board (RWQCB), and California Department of Fish and Wildlife (CDFW) was conducted for the Survey Area. Pursuant to Section 404 of the Clean Water Act, USACE regulates the discharge of dredged and/or fill material into waters of the United States. The State of California (State) regulates discharge of material into waters of the State pursuant to Section 401 of the Clean Water Act and the California Porter-Cologne Water Quality Control Act 677
2 (California Water Code, Division 7, §13000 et seq.). Pursuant to Division 2, Chapter 6, Sections 1600-1602 of the California Fish and Wildlife (CDFW) Code, CDFW regulates all diversions, obstructions, or changes to the natural flow or bed, channel, or bank of any river, stream, or lake, which supports fish or wildlife. A desktop assessment was conducted of available data prior to the biological reconnaissance survey in the field.

Special Status Habitats and Species
The most recent records of the California Natural Diversity Database (CNDDB) managed by CDFW (2022) and the California Native Plant Society’s Electronic Inventory (CNPSEI) of Rare and Endangered Vascular Plants of California (CNPS 2021) were reviewed for the following quadrangles containing and surrounding the Project: Adelanto, Shadow Mountains, Victorville NW, Helendale, Shadow Mountains SE, Victorville, Phelan, Baldy Mesa, and Hesperia, California U.S. Geological Survey (USGS) 7.5-minute quadrangles. These databases contain records of reported occurrences of federally or State-listed endangered or threatened species, California Species of Concern (SSC), or otherwise special status species or habitats that may occur within or in the immediate vicinity of the Survey Area.

Biological Reconnaissance Survey
The biological reconnaissance survey was conducted on foot within the Project site. During the survey, the biologists identified and mapped all vegetation communities found within the Survey Area onto aerial photographs (Attachment 1: Figure 2 – Vegetation Communities Map). Plant communities were determined in accordance with the Manual of California Vegetation, Second Edition (Sawyer et al. 2009). Plant nomenclature follows that of The Jepson Manual, Vascular Plants of California, Second Edition (Baldwin et al. 2012). Plant and wildlife species observed or detected within the Survey Area were recorded (Attachments 2 and 3). In addition, site photographs were taken depicting current site conditions (Attachment 4).

Results
Chambers Group biologists Heather Franklin and Alisa Muniz conducted the biological reconnaissance survey within the Survey Area to identify vegetation communities, the potential for occurrence of special status species, and/or habitats that could support special status wildlife species. The survey was conducted on foot between 1000 and 1200 hours on April 26, 2022. Weather conditions during the survey included temperatures ranging from 71 to 73 degrees Fahrenheit, wind speeds between 2 and 5 mile per hour, with cloud cover ranging from 60 to 70 percent, and no precipitation.

Biological Site Conditions
Soils
According to the results from the USDA NRCS Web Soil Survey (USDA 2021), the Project Site is located in the Mojave River Area, CA671 part of the soil map. One soil type is known to occur within and/or adjacent to the Project site. This soil type is described below.
• Cajon sand (0 to 2 percent slopes) occurs throughoutthe entire Project Site and adjacent areas. The parent material is alluvium derived from granite. The available water storage is classified as low (approximately 4.1 inches) with a depth to the water table of more than 80 inches.

Hydrology
The Project site is located within the Manzanita Wash (HUC 180902080503) watershed. No jurisdictional features such as drainages or swales were observed within or adjacent to the Survey Area (Attachment 1: Figure 4 – Jurisdictional 678
3 Waters Map). In addition, no roadside ditches or culverts occur within or directly adjacent to the site. Therefore, no impacts to waters of the United States or waters of the State are anticipated to occur as a result of this Project.

Vegetation Communities and Other Areas
Four vegetation communities or land types were observed within the Survey Area during the biological reconnaissance survey: disturbed, ornamental, ruderal, and developed landscape. The majority of the Project site is disturbed with some portions of ruderal vegetation occurring along the southern edge of the site, and a small developed area including a small portable building with ornamental vegetation occurs in the northeast section of the site. The communities are described in the following subsections.

Disturbed
Disturbed areas include those areas that are either devoid of vegetation (cleared or graded) such as dirt roads or those areas that have been disturbed by human use. Soils are compacted and support little to no vegetation or may contain species such as tocalote (Centaurea melitensis), wild oat (Avena sp.), mustard species, prickly sow thistle (Sonchus asper), and prickly lettuce (Lactuca serriola) (Gray and Bramlet 1992). Disturbed areas within the Project site included non-native mustards (Brassica spp.) and erodium (Erodium sp.).

Ornamental
Ornamental Landscaping includes areas where the vegetation is dominated by non-native horticultural plants (Gray and Bramlet 1992). Typically, the species composition consists of introduced trees, shrubs, flowers and turf grass. The ornamental vegetation within the Project site consisted of cultivated pine trees (Pinus sp.).

Ruderal
Areas classified as Ruderal tend to be dominated by pioneering herbaceous species that readily colonize disturbed ground, and that are typically found in temporary, often frequently disturbed habitats (Barbour et al. 1999). The soils in ruderal areas are typically characterized as heavily compacted or frequently disturbed. The vegetation in these areas is adapted to compact soils where water does not readily penetrate the soil. Ruderal areas are often dominated by species of the Centaurea, Brassica, Malva, Salsola, Eremocarpus, Amaranthus, and Atriplex genera. Areas with Ruderal vegetation were present along southern border ofthe Survey Area. Ruderal areas within the Project site included brome (Bromus diandrus), non-native mustards (Brassica spp.), and rubber rabbitbrush (Ericameria nauseosa).

Developed
Developed areas are areas that have been altered by humans and now display man-made structures such as urban areas, houses, paved roads, buildings, parks, and other maintained areas (Gray and Bramlet 1992). The small developed area included a portable building, small parking area, two storage containers, and piles of trash.

General Plants
A total of 12 plant species were observed within the Survey Area during the biological reconnaissance survey (Attachment 2: Plant Species Observed). Plant species observed during the survey were representative of the existing Survey Area conditions. No special status plant species were observed during the survey.

General Wildlife
A total of 7 wildlife species were observed within the Survey Area during the biological reconnaissance survey. Wildlife species observed or detected during the survey were characteristic of the existing Survey Area conditions. A complete list of wildlife species observed or detected is provided in Attachment 3 – Wildlife Species Observed/Detected List. 679
4 Sensitive Species
Special Status Species
The following information is a list of abbreviations used to help determine special status biological resources potentially occurring in the Survey Area.

CNPS California Rare Plant Rank (CRPR)
1A = Plants presumed extinct in California.
1B = Plants rare and endangered in California and throughout their range. 2 = Plants rare, threatened or endangered in California but more common elsewhere in their range.
3 = Plants about which we need more information, a review list. 4 = Plants of limited distribution; a watch list.

CRPR Extensions

0.1 = Seriously endangered in California (greater than 80 percent of occurrences threatened/high degree and immediacy of threat).

0.2 = Fairly endangered in California (20 to 80 percent occurrences threatened).

0.3 = Not very endangered in California (less than 20 percent of occurrences threatened).

Federal
FE = Federally listed; Endangered
FT = Federally listed; Threatened
State
ST = State listed; Threatened
SE = State listed; Endangered
RARE = State listed; Rare (Listed “Rare” animals have been re-designated as Threatened, but Rare plants have retained the Rare designation.)
SSC = State Species of Special Concern
WL = CDFW Watch List
FP = CDFW Fully Protected
The following information was used to determine biological resources potentially occurring within the Survey Area. The criteria used to evaluate the potential for special status species to occur within the Survey Area are outlined in Table 1.

Table 1: Criteria for Evaluating Special Status Species Potential for Occurrence (PFO) PFO* CRITERIA

Absent: Species is restricted to habitats or environmental conditions that do not occur within the Project site.

Low:

Historical records for this species do not exist within the vicinity (approximately 5 miles) of the Project site, and/or habitats or environmental conditions needed to support the species are of poor quality.
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5 PFO* CRITERIA
Moderate:

Either a historical record exists of the species within the vicinity of the Project site (approximately 5 miles) and marginal habitat exists on the Survey Area, or the habitat requirements or environmental conditions associated with the species occur within the Survey Area, but no historical records exist within 5 miles of the Project site.

High:

Both a historical record exists of the species within the Survey Area or its immediate vicinity (approximately 1 mile), and the habitat requirements and environmental conditions associated with the species occur within the Survey Area.

Present: Species was detected within the Survey Area at the time of the survey. *PFO: Potential for Occurrence
Special Status Plant Species
Database searches (CDFW 2022; CNPS 2022) resulted in a list of 8 federally and/or state-listed threatened, endangered, or otherwise special status plant species documented to historically occur within the vicinity of the Survey Area (Attachment 1: Figure 3 – CNDDB Occurrences Map). Of the 8 plant species that resulted from the database search, it was determined that all 8 are considered absent from the Survey Area. No special status plant species were observed during the biological reconnaissance survey.

The following 8 plant species are considered Absent from the Survey Area due to lack of suitable habitat within the Survey Area:
• beaver Dam breadroot (Pediomelum castoreum) – CRPR 1B.2 • Booth’s evening-primrose (Eremothera boothii ssp. boothii) – CRPR 2B.3 • Mojave monkeyflower (Diplacus mohavensis) – CRPR 1B.2 • sagebrush loeflingia (Loeflingia squarrosa var. artemisiarum) – CRPR 2B.2 • San Bernardino aster (Symphyotrichum defoliatum) – CRPR 1B.2 • short-joint beavertail (Opuntia basilaris var. brachyclada) – CRPR 1B.2 • southern mountains skullcap (Scutellaria bolanderi ssp. austromontana) – CRPR 1B.2 • white pygmy-poppy (Canbya candida) – CRPR 4.2
Special Status Wildlife Species
Database searches (CDFW 2022; USFWS 2022) resulted in a list of 26 federally and/or state listed endangered or threatened, State Species of Concern, or otherwise special status wildlife species documented to occur within the Survey Area (Attachment 1: Figure 3 – CNDDB Occurrences Map). After a literature review and the assessment of the various habitat types within the Survey Area, it was determined that all 26 special status wildlife species are considered absent.

The following 26 wildlife species are considered Absent from the Survey Area due to the absence of suitable habitat present within the site:
• arroyo toad (Anaxyrus californicus) – FE, SSC
• burrowing owl (Athene cunicularia) – SSC
681
6 • California red-legged frog (Rana draytonii) – FT, SSC • coast horned lizard (Phrynosoma blainvillii) – SSC
• desert tortoise (Gopherus agassizii) – FT, ST
• gray vireo (Vireo vicinior) – SSC
• Le Conte’s thrasher (Toxostoma lecontei) - SSC
• least Bell's vireo (Vireo bellii pusillus) – FE, SE
• loggerhead shrike (Lanius ludovicianus) – SSC
• long-eared owl (Asio otus) – SSC
• Mohave ground squirrel (Xerospermophilus mohavensis) – ST • Mohave river vole (Microtus californicus mohavensis) – ST • Mohave tui chub (Siphateles bicolor mohavensis) – FE, SE • mountain plover (Charadrius montanus) – SSC
• pallid bat (Antrozous pallidus) – SSC
• San Diego pocket mouse (Chaetodipus fallax pallidus) – SSC • southwestern willow flycatcher (Empidonax traillii extimus) – FE, SE • summer tanager (Piranga rubra) – SSC
• Swainson’s hawk (Buteo swainsoni) – ST
• Townsend’s big-eared bat (Corynorhinus townsendii) – SSC • tricolored blackbird (Agelaius tricolor) – ST
• western mastiff bat (Eumops perotis californicus) – SSC • western pond turtle (Emys marmorata) – SSC
• western yellow-billed cuckoo (Coccyzus americanus occidentalis) – FT, SE • yellow warbler (Setophaga petechia) – SSC
• yellow-breasted chat (Icteria virens) – SSC
United States Fish Wildlife Service Critical Habitat
Critical Habitat is defined as areas of land, water, and air space containing the physical and biological features essential for the survival and recovery of endangered and threatened species. Designated Critical Habitat includes sites for breeding and rearing, movement or migration, feeding, roosting, cover, and shelter. Designated Critical Habitats require special management and protection of existing resources, including water quality and quantity, host animals and plants, food availability, pollinators, sunlight, and specific soil types. Designated Critical Habitat delineates all suitable habitat, occupied or not, that is essential to the survival and recovery of the species. According to the USFWS Critical Habitat WebGIS map, the Project site does not fall within any designated Critical Habitat (USFWS 2022). Critical Habitat for the southwestern willow flycatcher occurs approximately 4 miles east of the Project site (Attachment 1: Figure 3 – USFWS Occurrences and Critical Habitat Map); however, no connectivity occurs between the Project site and the designated critical habitat.
682
7 Conclusions and Recommendations
Hydrology
No jurisdictional features were observed within or adjacent to the Project site. Therefore, a USACE 404 permit, State 401 certification, or CDFW State Streambed Alteration Agreement are not anticipated to be required for Project authorization.

Special Status Plant Species
Following the literature review and after the assessment of the various habitat types in the Survey Area, it was determined that of the 8 special status plant species known to historically occur within the Survey Area, all 8 species were considered absent within the Survey Area. No special status species were found during the biological reconnaissance survey.

Special Status Wildlife Species
Following the literature review and the assessment of the various habitat types in the Survey Area, it was determined that of the 26 special status wildlife species known to occur within the Project site, all 26 species are considered absent.

To minimize potential impacts to nesting birds protected under the Migratory Bird Treaty Act (MBTA), construction activities should take place outside nesting season (February 1 to August 31), to the greatest extent practicable.

If construction activities occur during nesting season, preconstruction nesting bird surveys should be conducted. The survey should occur no more than three days prior to initiation of ground disturbing activities, and any occupied passerine and/or raptor nests occurring within or adjacent to the impact area should be delineated. Additional followup surveys may be required by the resource agencies. To the maximum extent practicable, a minimum buffer zone around occupied nests should be determined by the qualified biologist to avoid impacts to the active nest. The buffer should be maintained during physical ground-disturbing activities. Once nesting has ceased, the buffer may be removed.

Please contact me at (949) 261-5414 ext. 7232 if you have any questions or concerns regarding this memo report.

Sincerely,
CHAMBERS GROUP, INC.

Heather Franklin
Project Biologist
[email protected]
(949) 261-5414 ext. 7232
Attachments
Attachment 1: Figure 1 – Project Location and Vicinity Map Figure 2 – Vegetation Communities Map
Figure 3 – CNDDB Occurrences and USFWS Critical Habitat Map Figure 4 – Jurisdictional Waters Map
Attachment 2: Plant Species Observed
Attachment 3: Wildlife Species Observed/Detected
Attachment 4: Site Photographs
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8 References
Baldwin, B.G., D.H. Goldman, D.J. Keil, R. Patterson, and T.J. Rosatti, and D.H. Wilken (editors) 2012 The Jepson Manual: Vascular Plants of California, Second Edition. University of California Press, Berkeley, CA.

Barbour et al. 1999
1999 Terrestrial Plant Ecology, Third Edition. Addison Wesley Longman, Inc. Menlo Park, California.

California Department of Fish and Wildlife (CDFW)
2022 California Natural Diversity Database (CNDDB). RareFind Version 3.1.0. Database Query for the Adelanto, Shadow Mountains, Victorville NW, Helendale, Shadow Mountains SE, Victorville, Phelan, Baldy Mesa, and Hesperia, California USGS 7.5-minute quadrangles. Wildlife and Habitat Data Analysis Branch.

California Native Plant Society (CNPS)
2022 Inventory of Rare and Endangered Plants (online edition). Rare Plant Scientific Advisory Committee, California Native Plant Society, Sacramento, California. Accessed May 2022 from http://www.cnps.org/inventory for the Adelanto, Shadow Mountains, Victorville NW, Helendale, Shadow Mountains SE, Victorville, Phelan, Baldy Mesa, and Hesperia, California USGS 7.5-minute quadrangles.

Gray, J. and D. Bramlet
1992 Habitat Classification System, Natural Resources, Geographic Information System (GIS) Project.

County of Orange Environmental Management Agency, Santa Ana, CA.

Sawyer, J.O., T. Keeler-Wolf, and J.M. Evens
2009 A Manual of California Vegetation Second Edition. California Native Plant Society, Sacramento, California.

United States Department of Agriculture (USDA)
2022 Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture.

Official Soil Series Descriptions Accessed May 2022 from https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx.

United States Fish and Wildlife Service (USFWS)
2022a National Wetland Inventory (NWI). http://www.fws.gov/wetlands/. Accessed May 2022. 2022b Threatened & Endangered Species Active Critical Habitat Report. Accessed online at:
https://www.arcgis.com/home/webmap/viewer.html?url=https://services.arcgis.com/QVENGdaPbd 4LUkLV/ArcGIS/rest/services/USFWS_Critical_Habitat/FeatureServer&source=sd May 2022. 684
ATTACHMENT 1 – FIGURES
685
£¤395
San
Bernardino
Kern
Ventura
Riverside Orange
Imperial
Los Angeles
San Diego
1:24,000 1:5,000,000
Figure 1
16454 Adelanto Road Warehouse
Distribution Facility Project
Project Location and Vicinity
Name: 21354 BIO Fig 1 Project Location and Vicinity.Mxd Print Date: 4/21/2022 11:21:49 AM Author: pcarlos
0 40 80 160
Feet
´
")
Project Location
Project Location
Ade al nto Rd
686
£¤395
Figure 2
16454 Adelanto Road Warehouse
Distribution Facility Project
Vegetation Communities
Name: 21354 BIO Fig 2 Vegetation Communities.Mxd
Print Date: 5/25/2022 10:45:32 AM Author: pcarlos
0 40 80 160
Feet
´
Project Location
Vegetation Communities
Developed
Disturbed
Ornamental
Ruderal
Ade al nto Rd
687
21 20
19 5
3 15
11 16
8 8
10 1
18 9
8 14
18 5
5 5
12 7
6 6
6 4
8 2
2 2 2
2 2
2 2
2 2
2 17
2 2
2 2
2 2
2 5
2 2
12 2
5 5
2 2
2 8
2 2
2 2
2 2
2 2
2 2
5 2
2 13
Figure 3
16454 Adelanto Road Warehouse
Distribution Facility Project
CNDDB Occurrences and USFWS Critical Habitat
Name: 21354 BIO Fig 3 CNDDB Occurrences and USFWS Critical Habitat.Mxd Print Date: 5/25/2022 4:19:22 PM Author: pcarlos
0 0.5 1 2
Miles
´
Project Location
USFWS Critical Habitat
CNDDB Occurrences
Animals
Plants
Animals Plants

1. arroyo toad 11. pallid San Diego pocket mouse 19. Beaver Dam breadroot

2. burrowing owl 12. San Emigdio blue butterfly 20. Booth's evening-primrose

3. California red-legged frog 13. Southwestern willow flycatcher 21. white pygmy-poppy

4. coast horned lizard 14. summer tanager

5. desert tortoise 15. Swainson's hawk

6. Le Conte's thrasher 16. Townsend's big-eared bat

7. loggerhead shrike 17. tricolored blackbird

8. Mohave ground squirrel 18. Victorville shoulderband

9. Mohave river vole

10. Mohave tui chub
688
F
igure4
16454AdelantoRoadWarehouse
DistributionFacilityProject
JurisdictionalWaters
Name:21354BIOFig4JurisdictionalWaters.Mxd
PrintDate:6/6/202211:55:17AMAuthor:pcarlos
07501,5003,000
Feet ´
NHD
Stream/River
NWI
Riverine
ProjectLocation
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ATTACHMENT 2 – PLANT SPECIES OBSERVED
690
Adelanto Road Warehouse Project
San Bernardino County, California
Chambers Group, Inc. 1
21354
ATTACHMENT 2 – PLANT SPECIES OBSERVED
Scientific Name Common Name

ANGIOSPERMS (EUDICOTS)

ASTERACEAE SUNFLOWER FAMILY
Ambrosia acanthicarpa annual bur-sage
Chaenactis artemisiifolia white pincushion
Ericameria nauseosa rubber rabbitbrush

BORAGINACEAE BORAGE FAMILY
Amsinckia sp. fiddlenecks
Pectocarya sp. pectocarya

BRASSICACEAE MUSTARD FAMILY
Brassica sp. mustard
Brassica tournefortii* sahara mustard

CHENOPODIACEAE GOOSEFOOT FAMILY
Salsola australis* Russian-thistle

GERANIACEAE GERANIUM FAMILY
Erodium sp. erodium

ANGIOSPERMS (MONOCOTS)

POACEAE GRASS FAMILY
Avena sp.* wild oat
Bromus madritensis subsp. rubens* red brome
Hordeum sp. barley
*Non-Native Species, +Ornamental, Unlikely to be Invasive 691
ATTACHMENT 3 – WILDLIFE SPECIES OBSERVED/DETECTED
692
Adelanto Road Warehouse Project
San Bernardino County, California
Chambers Group, Inc. 1
21354
ATTACHMENT 3 – WILDLIFE SPECIES LIST
Scientific Name Common Name

CLASS REPTILIA REPTILES

PHRYNOSOMATIDAE
ZEBRA-TAILED, EARLESS, FRINGE-TOED, SPINY, TREE, SIDEBLOTCHED, AND HORNED LIZARDS Uta stansburiana side-blotched lizard

CLASS AVES BIRDS

COLUMBIDAE PIGEONS AND DOVES
Zenaida macroura mourning dove

CORVIDAE JAYS AND CROWS
Corvus corax common raven

PARULIDAE WOOD WARBLERS
Setophaga coronate yellow-rumped warbler

FRINGILLIDAE FINCHES
Haemorhous mexicanus house finch

PASSERIDAE OLD WORLD SPARROWS
Passer domesticus house sparrow

CLASS MAMMALIA MAMMALS

HETEROMYIDAE POCKET MICE AND KANGAROO RATS
Dipodomys merriami Merriam's kangaroo rat
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12 ATTACHMENT 4 – SITE PHOTOGRAPHS
694
Adelanto Road Warehouse Project
San Bernardino County, CA
Chambers Group, Inc. 1
21354
ATTACHMENT 4 – SITE PHOTOGRAPHS
Photo 1.

Overview of
Project site
from the
northwest
corner the site.

Photo is facing
east.

Photo 2.

Photo showing
the ruderal
vegetation
occurring along
the southern
portion of the
site. Photo is
facing west.
695
Adelanto Road Warehouse Project
San Bernardino County, CA
Chambers Group, Inc. 2
21354
Photo 3.

Photo showing
the ruderal
vegetation and
small building
located in the
northeast
section of the
site. Photo is
facing east.

Photo 4.

Photo showing
the ornamental
vegetation and
building
located in the
northeast
section of the
site. Photo is
facing
southwest.
696
Adelanto Road Warehouse Project
San Bernardino County, CA
Chambers Group, Inc. 3
21354
Photo 5.

Overview of
the Project site
from the
southeast
section of the
site. Photo is
facing west.

Photo 6.

Overview of
the Project site
from the
southwest
corner of the
site. Photo is
facing
northeast.
697
APPENDIX C – Cultural Resources Study Letter Report for the 16454 Adelanto Road Warehouse Distribution Facility, prepared by Chambers Group, August 25, 2022. Updated October 27, 2022. 698

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RESULTS LETTER REPORT FOR THE ADELANTO
16454 ADELANTO ROAD WAREHOUSE PROJECT
City of Adelanto
1 August 25, 2022
Updated October 27, 2022
9620 Chesapeake Drive, Suite 202
San Diego, CA 92123
(21354)
Chuck Minyard
Primior Development
750 North Diamond Bar Boulevard,
Diamond Bar, CA 91765
Subject: Cultural Resources Survey and Study Letter Report for the 16454 Adelanto Road Warehouse Distribution Facility Project, City of Adelanto, San Bernardino County, California Dear Mr. Minyard,
Chambers Group, Inc. (Chambers Group) is providing this Letter Report documenting the results of a cultural resources records search, literature review, and field survey in support of the 16454 Adelanto Road Warehouse Distribution Facility Project (Project, Proposed Project) in the City of Adelanto (City), San Bernardino County, California. This assessment includes a cultural resourcesrecordssearch and literature review for the Project site and study area (Figure 1) and field survey of the Project site. The purpose of the review is to gather and analyze information needed to assess the potential for impacts to cultural resources within the Proposed Project site.

Project Description
The Project Applicant proposes construction and operation of a one-story, 49,798 square foot (sq. ft.) warehouse distribution facility (Proposed Project), which would include clearing and grading the mostly vacant lot. The facility would have 27 loading docks; three at level height and 24 at dock height. The Proposed Project would also contain offices, two restrooms, a break room, a guard house, and a trash enclosure. The Project site would contain 43 parking spaces and two ADA compliant parking spaces. Much of the parking and facility would be contained behind a security gate that would be operated by the staff in the guard house. The Project would be consistent with the existing zoning of Light Manufacturing (LM). Utilities would tie into nearby established connections.

The City of Adelanto is the lead agency for the Proposed Project. An Initial Study has been prepared in accordance with the California Environmental Quality Act (CEQA) (Public Resources Code [PRC] §21000 et seq.) and the State CEQA Guidelines (Title 14, California Code of Regulations [CCR] §15000 et seq.) and has determined that preparation of a Categorical Exemption would be appropriate under CEQA.

Location and Setting
The Proposed Project site comprises a mostly-vacant, 3.17-acre parcel located at 16454 Adelanto Road on Assessor Parcel Number (APN) 3128-231-04. The Project site is bound to the north and south by previously-constructed storage facilities, to the west by US 395, and to the east by Adelanto Road. The site has a land use designation and zoning of Mixed Use (MU). Access to the site is currently available via a private driveway along Adelanto Road. An existing manufactured building, concrete pads, storage boxes, iron fence, and various building debris are on the property; the site contains no intact native vegetation and shows evidence of previous clearing and grading. The Project is located on the United States Geological Survey (USGS) 7.5’ Adelanto Quadrangle, Township 5 North, Range 5 West, Section 4. 699

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City of Adelanto
2 Figure 1: Project Location
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3 Regulatory Context
As lead agency, the City of Adelanto must ensure that the Proposed Project complies with the provisions of CEQA, and determine whether a project may have a significant effect on historical resources (PRC Section 21084.1). In addition to State regulations, proposed projects are also subject to several City of Adelanto policies relating to archaeological, historical, and paleontological resources. Chapter 6 of the Adelanto North 2035 Comprehensively Sustainable Plan pertains specifically to cultural and historic preservation within the City. The regulatory framework as it pertains to cultural resources under CEQA is detailed below.

Under the provisions of CEQA, including the CEQA Statutes (PRC §§ 21083.2 and 21084.1), the CEQA Guidelines (Title 14 CCR § 15064.5), and PRC § 5024.1 (Title 14 CCR § 4850 et seq.), properties expected to be directly or indirectly affected by a proposed project must be evaluated for eligibility for listing in the California Register of Historical Resources (CRHR, PRC § 5024.1).

The purpose of the CRHR is to maintain listings of the State’s historical resources and to indicate which properties are to be protected, to the extent prudent and feasible, from material impairment and substantial adverse change. The term historical resources includes a resource listed in or determined to be eligible for listing in the CRHR; a resource included in a local register of historical resources; and any object, building, structure, site, area, place, record, or manuscript that a lead agency determines to be historically significant (CCR § 15064.5[a]). The criteria for listing properties in the CRHR were expressly developed in accordance with previously established criteria developed for listing in the National Register of Historic Places (NRHP). The California Office of Historic Preservation (OHP 1995:2) regards “any physical evidence of human activities over 45 years old” as meriting recordation and evaluation.

California Register of Historic Resources
A cultural resource is considered “historically significant” under CEQA if the resource meets one or more of the criteria for listing in the CRHR. The CRHR was designed to be used by State and local agencies, private groups, and citizens to identify existing cultural resources within the state and to indicate which of those resources should be protected, to the extent prudent and feasible, from substantial adverse change. The following criteria have been established for the CRHR. A resource is considered significant if it:

1. is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage;

2. is associated with the lives of persons important in our past;

3. embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or

4. has yielded, or may be likely to yield, information important in prehistory or history.

In addition to meeting one or more of the above criteria, historical resources eligible for listing in the CRHR must retain enough of their historic character or appearance to be able to convey the reasons for their significance. Such integrity is evaluated in regard to the retention of location, design, setting, materials, workmanship, feeling, and association.

Under CEQA, if an archeological site is not a historical resource but meets the definition of a “unique archeological resource” as defined in PRC § 21083.2, then it should be treated in accordance with the provisions of that section. A unique archaeological resource is defined as follows:
• An archaeological artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it meets any of the following criteria:
o Contains information needed to answer important scientific research questions and that there is a demonstrable public interest in that information
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4 o Has a special and particular quality, such as being the oldest of its type or the best available example of its type
o Is directly associated with a scientifically recognized important prehistoric or historic event or person Resources that neither meet any of these criteria for listing in the CRHR nor qualify as a “unique archaeological resource” under CEQA PRC § 21083.2 are viewed as not significant. Under CEQA, “A non-unique archaeological resource need be given no further consideration, other than the simple recording of its existence by the lead agency if it so elects” (PRC § 21083.2[h]).

Impacts that adversely alter the significance of a resource listed in or eligible for listing in the CRHR are considered a significant effect on the environment. Impacts to historical resources from a proposed project are thus considered significant if the project:
(1) physically destroys or damages all or part of a resource; (2) changes the character of the use of the resource or physical feature within the setting of the resource, which contributes to its significance; or
(3) introduces visual, atmospheric, or audible elements that diminish the integrity of significant features of the resource.

Assembly Bill 52
Assembly Bill (AB) 52 was enacted in 2015 and expands CEQA by defining a new resource category: tribal cultural resources (TCRs). AB 52 establishes that “a project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment” (PRC Section 21084.2). AB 52 also establishes a formal consultation process for California tribes regarding those resources. The consultation process must be completed before a CEQA document can be certified. AB 52 requires that lead agencies “begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project.” Native American tribes to be included in the process are those that have requested notice of projects proposed in the jurisdiction of the lead agency. It further states that the lead agency shall establish measures to avoid impacts that would alter the significant characteristics of a tribal cultural resource, when feasible (PRC Section 21084.3). PRC Section 21074 (a)(1)(A) and (B) defines tribal cultural resources as “sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe” and meets either of the following criteria:
• Listed or eligible for listing in the CRHR, or in a local register of historical resources as defined in PRC Section 5020.1(k)
• A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of PRC Section 5024.1 (in applying the criteria set forth in subdivision (c) of PRC Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe)
Senate Bill 18
Senate Bill (SB) 18 was enacted in September 2004. SB 18 requires local (city and county) governments to consult with California Native American tribes to aid in the protection of traditional tribal cultural places ("cultural places") through local land use planning. SB 18 also requires the Governor's Office of Planning and Research (OPR) to include in the General Plan Guidelines advice to local governments for how to conduct these consultations. SB 18 requires local governments to consult with tribes prior to making certain planning decisions and to provide notice to tribes at certain key points in the planning process. These consultation and notice requirements apply to adoption and amendment of both general plans (defined in Government Code §65300 et seq.) and specific plans (defined in Government Code §65450 et seq.). Although SB 18 does not specifically mention consultation or notice requirements for adoption or 702

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RESULTS LETTER REPORT FOR THE ADELANTO
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City of Adelanto
5 amendment of specific plans, existing state planning law requires local governments to use the same processes for adoption and amendment of specific plans as for general plans (see Government Code §65453). Therefore, where SB 18 requires consultation and/or notice for a general plan adoption or amendment, the requirement extends also to a specific plan adoption or amendment. The principal objective of SB 18 is to preserve and protect cultural places of California Native Americans. SB 18 is unique in that it requires local governments to involve California N alive Americans in early stages of land use planning, extends to both public and private lands, and includes both federally recognized and non-federally recognized tribes. SB 18 refers to Public Resources Code §5097.9 and 5097.995 to define cultural places under the following criteria:
• Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine (Public Resources Code §5097.9).
• Native American historic, cultural, or sacred site, that is listed or may be eligible for listing in the California Register of Historic Resources pursuant to Section 5024.1, including any historic or prehistoric ruins, any burial ground, any archaeological or historic site (Public Resources Code §5097.995).

These definitions can be inclusive of a variety of places. Archaeological or historic sites may include places of tribal habitation and activity, in addition to burial grounds or cemeteries. Some examples are village sites and sites with evidence (artifacts) of economic, artistic, or other cultural activity. Religious or ceremonial sites and sacred shrines may include places associated with creation stories or other significant spiritual history, as well as modem day places of worship. Collection or gathering sites are specific places where California Native Americans access certain plants for food, medicine, clothing, ceremonial objects, basket making, and other crafts and uses important to on-going cultural traditions and identities; these places may qualify as religious or ceremonial sites as well as sites that are listed or eligible for listing in the California Register of Historic Resources.

Local
In addition to State regulations, projects built in the City of Adelanto are also subject to the following goals and policies outlined in the Adelanto North 2035 Comprehensively Sustainable Plan, Chapter 6: Open Space and Conservation.

Specifically, Chapter 6 of the General Plan outlines several policies relating to archaeological, historical, and paleontological resources driven by Goal OS 10.

Goals, Policies, and Implementing Programs
Goal OS 10: Cultural and historical resources are protected and preserved.

Policies:OS 10.1: Identify, protect, and minimize impacts to archaeological and paleontological resources.

OS 10.2 Review proposed development for the possibility of cultural resources and for compliance with the cultural resources program.

Implementing Programs Procedures, Permits, Agreements, and Ordinances Program OS-8 Historical Resources Assessment. Prior to any construction activities that may affect historical resources, a historical resources assessment shall be performed by an architectural historian or historian who meets the PQS in architectural history or history. This shall include a records search at the SBAIC to determine if any resources that may be potentially affected by the project have been previously recorded, evaluated, and/or designated in the NRHP or CRHR.

Following the records search, the qualified architectural historian or historian shall conduct a reconnaissance-level and/or intensive-level survey in accordance with the California Office of Historic Preservation guidelines to identify any previously unrecorded potential historical resources that may be potentially affected by the proposed project. Resources shall be evaluated pursuant to CEQA Guidelines and Public Resources Code Section 21083.2. 703

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6 Program OS-9 Alteration to Historical Resource. To ensure that projects requiring the relocation, rehabilitation, or alteration of a historical resource not impair its significance, the Secretary of the Interior’s Standards for the Treatment of Historic Properties shall be used to the maximum extent possible. The application of the standards shall be overseen by a qualified architectural historian or historic architect meeting the PQS. Prior to any construction activities that may affect the historical resource, a report identifying and specifying the treatment of character-defining features and construction activities shall be provided to the City of Adelanto.

Program OS-10 Historical Resource Demolition. If a proposed project would result in the demolition or significant alteration of a historical resource, it cannot be mitigated to a less than significant level. However, recordation of the resource prior to construction activities will assist in reducing adverse impacts to the resource to the greatest extent possible. Recordation shall take the form of Historic American Building Survey (HABS), Historic American Engineering Record (HAER), or Historic American Landscape Survey (HALS) documentation, and shall be performed by an architectural historian or historian who meets the PQS. Documentation shall include an architectural and historical narrative; medium- or large format black and white photographs, negatives, and prints; and supplementary information such as building plans and elevations, and/or historic photographs. Documentation shall be reproduced on archival paper and curated with a qualified scientific or educational repository, as defined by the Guidelines for the Curation of Archaeological Collections. The specific scope and details of documentation are determined for each project.

Program OS-11 Archaeological Sensitivity. To determine the archaeological sensitivity of a proposed planning area, archaeological resources assessments shall be performed under the supervision of an archaeologist that meets the Secretary of the Interior’s Professional Qualifications Standards (PQS) in either prehistoric or historic archaeology. Assessments shall include a CHRIS records search at the SBAIC and of the Sacred Lands File maintained by the NAHC. The records searches will determine if the proposed planning area has been previously surveyed for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. A pedestrian survey shall be undertaken in undeveloped areas of the planning area to locate any surface cultural materials. By performing a records search, consultation with the NAHC, and a pedestrian survey, a qualified archaeologist will classify the planning area as having High, Medium, or Low sensitivity for archaeological resources.

Program OS-12 Archaeological Significance Evaluation. If potentially significant archaeological resources are identified through an archaeological resource assessment, and impacts to these resources cannot be avoided, an Archaeological Significance Evaluation investigation shall be performed by an archaeologist who meets the PQS prior to any construction-related ground-disturbing activities to determine significance under CEQA and/or Section 106 of the NHPA. If resources are determined to be significant or unique through significance evaluation, and site avoidance is not possible, appropriate site-specific mitigation measures shall be established and undertaken. This might include an archaeological data recovery program that would be implemented by a qualified archaeologist and performed in accordance with the Office of Historic Preservation’s Archaeological Resource Management Reports (ARMR). 704

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7 Program OS-13 Disturbances of Archaeological Resources. If the archaeological assessment did not identify potentially significant archaeological resources in the proposed planning area, but indicates the area to be of medium or high sensitivity for archaeological resources, an archaeologist who meets the PQS shall be retained on an on-call basis. The archaeologist shall inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project’s initial on-site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) area exposed during ground disturbing activities, construction activities within a 50-foot radius of the discovery shall be halted while the on-call archaeologist is contacted. If the resource is determined to be significant or unique through significance evaluation, and site avoidance is not possible, appropriate site-specific mitigation measures shall be established and undertaken. These might include an archaeological data recovery program that would be implemented by a qualified archaeologist and performed in accordance with the Office of Historic Preservation’s Archaeological Resource Management Reports (ARMR). If the discovery proves to be significant, it shall be curated with a qualified scientific of educational repository, as defined by the Guidelines for the Curation of Archaeological Collections.

Program OS-14 Paleontological Resources. Future development proposals subject to environmental review pursuant to the California Environmental Quality Act (CEQA) are subject to the following provisions at the expense of the project proponent, as directed by the Development Services Director.

Paleontological Assessment. In areas containing middle to late Pleistocene era sediments (Qof) where it is unknown if paleontological resources exist, prior to grading an assessment shall be made by a qualified paleontological professional to establish the need for paleontologic monitoring. Should paleontological monitoring be required after recommendation by the professional paleontologist and approval by the Development Services Director, paleontological monitoring shall be implemented.

Paleontological Monitoring. A project that requires grading plans and is located in an area of known fossil occurrence or that has been demonstrated to have fossils present in a paleontological field survey or other appropriate assessment shall have all grading monitored by trained paleontologic crews working under the direction of a qualified professional, so that fossils exposed during grading can be recovered and preserved. Paleontologic monitors shall be equipped to salvage fossils as they are unearthed, to avoid construction delays, and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. Monitors shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Monitoring is not necessary if the potentially fossiliferous units described for the property in question are not present or if present are determined upon exposure and examination by qualified paleontologic personnel to have low potential to contain fossil resources. Should significant paleontological resources be discovered, paleontological recovery, identification, and curation shall be implemented. 705

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8 Paleontological Recovery, Identification, and Curation. Qualified paleontologic personnel shall prepare recovered specimens to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. Qualified paleontologic personnel shall identify and curate specimens into the collections of the Division of Geological Sciences, San Bernardino County Museum or a similar established, accredited museum repository with permanent retrievable paleontologic storage. The paleontologist must have a written repository agreement in hand prior to the initiation of mitigation activities. This measure is not considered complete until curation into an established museum repository has been fully completed and documented.

Paleontological Findings. Qualified paleontologic personnel shall prepare a report of findings with an appendix of itemized specimens subsequent to implementation of paleontological recovery, identification, and curation. A preliminary report shall be submitted to and approved by the Development Services Director before granting of building permits, and a final report shall be submitted to and approved by the Development Services Director before granting of occupancy permits.

Environmental Setting
The Proposed Project is located within the City of Adelanto, wedged between US-395 to the west and Adelanto Road to the east. The City is located within the Mojave Desert Air Basin (MDAB). The MDAB is an assemblage of mountain ranges interspersed with long broad valleys that often contain dry lakes. The MDAB is separated from the Southern California coastal and central California valley regions by mountains (highest elevation approximately 10,000 feet). The Antelope Valley is bordered in the northwest by the Tehachapi Mountains and on the south by the San Gabriel Mountains. The adjacent Mojave Desert is bordered in the southwest by the San Bernardino Mountains (USGS 2015).

As a portion of the southern extent of the Mojave Desert and western extent of the Colorado Desert, this area is characterized by the presence of decomposing granite derived from the nearby hillsides and windborne or water-borne alluvial deposits. Native vegetation in the area is generally limited to Joshua Trees and desert sage scrub, but riparian zones can be found along washes and intermittent streams.

The University of California, Davis SoilWeb database was consulted to identify soils that underlie the Project site. The database indicates that the property is underlain by the Cajon soil association, whichconsists of very deep and well drainedsandy soil. Slopes range from 0 to 2 percent (SoilWeb 2022).

The Project site is situated atop a geologic formation of Pleistocene to Holocene age sediments comprised of largely non-marine alluvium, lake, playa, and terrace deposits; both unconsolidated and semi-consolidated (Jennings 2010). In Southern California, the middle Pleistocene is generally associated with a pre-human presence, although recent research suggests early human exploration of North America earlier in the Late Pleistocene than previously documented. Fossil specimens are also associated with the Pleistocene, particularly in areas where deposits are referred to as “older Alluvium”. The Holocene is the most recent geologic period and one that is directly associated with human activity. The Holocene is also generally associated with “younger Alluvium,” which tend not to be fossil bearing, except in instances where fossils have been redeposited.

Cultural Setting
Prehistoric Overview
During the twentieth century, many archaeologists developed chronological sequences to explain prehistoric cultural changes within all or portions of Southern California (Moratto 1984; Jones and Klar 2007). A prehistoric chronology was devised for the Southern California coastal region based on early studies and focused on data synthesis that included four horizons: Early Man, Milling Stone, Intermediate, and Late Prehistoric (Wallace 1955, 1978). Though initially lacking the chronological precision of absolute dates (Moratto 1984:159), Wallace’s 1955 synthesis has been modified and 706

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RESULTS LETTER REPORT FOR THE ADELANTO
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City of Adelanto
9 improved using thousands of radiocarbon dates obtained by Southern California researchers over recent decades (Byrd and Raab 2007:217; Koerper and Drover 1983; Koerper et al. 2003). The prehistoric chronological sequence for Southern California presented below is a composite based on Wallace (1955) and Warren (1968) as well as later studies, including Koerper and Drover (1983).

Ethnographic Overview
Various regional syntheses have been utilized in the archaeological literature for southern California. The following framework derives information from local studies to provide a useful overview for the Project site. The Project site is geographically associated with both the Serrano and Vanyume of Southern California (Kroeber 1925:615-619 and 692- 708). Though near the territorial boundary separating these two populations, the area is more generally considered part of the “Pass Cahuilla” territory. Cahuilla culture has been described by several scholars, but most thoroughly by Bean (1972 and 1978). The “Pass Cahuilla” are one of the three main Cahuilla populations associated with western Riverside County as well as Desert Cahuilla and Mountain Cahuilla.

Serrano
The Serrano language is classified as being within the Takik language family (Bean and Smith 1978:570). The Serrano lived in the San Bernardino Mountains east of the Cajon Pass to as far east as present-day Twentynine Palms and as far south as the Yucaipa Valley (Bean and Smith 1978:570). The Serrano had exogamous moieties made up of exogamous, patrilineal clans (Bean and Smith 1978:572). Lineage and clan leaders were hereditary ceremonial leaders who controlled sacred bundles and lived in ceremonial houses (Bean and Smith 1978:571–572).

The Serrano were organized into local lineages occupying favored territories but rarely claiming any territory far from the lineage’s home base (Bean and Smith 1978). The estimated population of the Serrano before European contact was 1,500-2,500. It is difficult to estimate the number of Serranos living in each village however, it is likely that the villages held only as many Serranos as could be accommodated by water sources (Stickel and Weinman-Roberts 1980).

The Serrano lived in dwellings which were circular, domed structures built over an excavated area. These structures were built with fire pits and primarily served as sleeping areas. Ceremonial houses were the only other buildings in the villages and were normally occupied by the village priest (Stickel and Weinman-Roberts 1980).

In the Serrano artifact assemblage, it is noted to be similar to that of the neighboring Cahuilla and includes musical instruments such as rattles and flutes; utensils and ornaments such as fire drills, mortars, metates, pipes, beads, awls, and projectile points from wood, shell, bone, and stone. The Serrano were talented pottery and basket makers. Their pots were made of coiled clay smoothed out with a paddle and set in the sun to dry before being fired in a pit. Serrano Brown ware was sometimes decorated with designs of circles and lines of either red or black (Stickel and WeinmanRoberts 1980).

The Serrano were also known for their petroglyphs. Abstract and geometric designs are often seen with representational figures of sheep, lizards (zoomorphs) and human beings (anthropomorphs). Researchers have proposed that the petroglyphs were records of important events, rough maps, and artistic representations of native life (Stickel and Weinman-Roberts 1980).

Vanyume
The Vanyume or Beñemé, as Father Garces called them, lived beyond and along much of the length of the Mojave River, from the eastern Mojave Desert to at least the Victorville region, and perhaps even farther upstream to the south. They also appear to have lived in the southern and southwestern Antelope Valley. They intermarried with the Serrano and spoke a dialect of the Serrano language, so they may be thought of as a desert division or branch of the Serrano proper.

The Vanyume living along the Mojave River were quite wealthy in shell-bead money and other items. This was perhaps on account of the active trade route running along the Mojave River, connecting the Colorado River tribes and the Indian nations of the Southwest with the Indian groups of coastal southern California (Eerkens 1999; Knack 1980; Kroeber 1925; Park et al. 1938).
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10 The Serrano-speaking villages of the southern Antelope Valley were, according to Garces, affiliated with this desert branch of the Serrano. The southern Antelope Valley native communities, including Maviajek and Kwarung had strong ties with Serrano-speaking communities on the upper Mojave River and in the areas of the northern San Bernardino and San Gabriel Mountains.

The Vanyume had a culture and food supply practices that were similar to those of the Serrano of the San Bernardino Mountains. Despite living in the desert, this branch of the Serrano had the advantage that it could receive and use in its desert villages large quantities of acorns gathered in the San Bernardino and San Gabriel Mountain ranges to the south. This allowed large villages to be supplied with abundant food far out in the desert, far north of where oak trees could be found. Father Garces reported having been given acorn porridge at a Vanyume village just to the southwest of modern Barstow, far from any oak grove.

The Vanyume shared a territorial boundary with the Chemehuevi to the northeast. The Chemehuevi had much lower population densities than the Vanyume and other Serrano because their food resources were less abundant. The Vanyume population may have ranged from 500 to 1000 or more at the arrival of the Spanish (Bean 1972; Kroeber 1925; Steward 1938).

They had frequent contacts with Spaniards after 1776, and they were in continual contact with Mohave travelers and Paiutes throughout the contact and pre-contact periods. In 1844, along the Mohave River, John C. Frémont met a group of five Mohave’s and an ex-mission neophyte who had returned to the "mountains" after secularization (1830's). This ex-neophyte said that they lived upon a large river in the Southeast, which the "soldiers called the Rio Colorado"; but that formerly, a portion of them lived upon this river [Mohave River], and among the mountains which had bounded the river valley to the northward during the day [Calico Mountains 7], and that here along the river they had raised various kinds of melons (Forbes 1963).

Historic Overview
Post-European contact history for the state of California is generally divided into three periods: the Spanish Period (1769–1822), the Mexican Period (1822–1848), and the American Period (1848– present). Briefly, and in very general terms, the Spanish Period encompassed the earliest historic-period explorations of the West, bringing colonization, missionization and proselytization across the western frontier, the establishment of major centers such as Los Angeles and Monterey and a line of missions and presidios with attendant satellite communities, along with minor prospecting, and a foundational economic structure based on the rancho system. The Mexican Period initiated with a continuation of the same structures; however, commensurate with the political changes that led to the establishment of the Mexican state the missions and presidios were secularized, the lands parceled, and Indian laborers released. Increased global trade introduced both foreign and American actors into the Mexican economic and political sphere, both coincidentally, and purposefully, smoothing the transition to the American Period. The American Period was ushered in with a momentous influx of people seeking fortune in the Sierra foothills where gold was “discovered” in 1848. By the early 1850s people from all over the globe had made their way to California. Expansive industries were required to supply the early mining operations, such as forestry products, food networks to supply grains, poultry, cattle, and water systems, which intensified the early Mexican Period structures of ranches and supply chains, as well as the development and expansion of port cities to supply hard goods and clothes, animals, and people that moved across vastly improved trail and road networks. California cycled through boom and bust for several decade until World War I when the Department of the Navy began porting war ships along the west coast. Subsequently, California has grown, and contracted, predominantly around military policy along the west coast, and the Pacific Ocean. Following the industrial expansion related to World War II and the Cold War, technology and systems associated have come to fore as economic drivers.

City of Adelanto
The City of Adelanto, which in Spanish means “progress” or “advance,” was founded in 1915 by E. H. Richardson. The name was given to the post office when it was established in 1917. Richardson was the inventor of what became the 708

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11 Hotpoint Electric Iron. He sold his patent and purchased land for $75,000, with the goal to develop one of the first master-planned communities in Southern California. Richardson subdivided his land into one-acre plots, which he hoped to sell to veterans with respiratory ailments suffered during World War I. He also hoped to build a respiratory hospital. While Richardson never fully realized his dream, it was his planning that laid the foundation for what is currently the City of Adelanto (City of Adelanto 2022).

Famous throughout the state for fresh fruit and cider, the deciduous fruit tree orchards thrived until the depression, when they were replaced by poultry ranches. As the wartime emergency developed early in 1941, the Victorville Army Airfield was established land within the Adelanto sphere of influence. In September 1950, it was named George Air Force Base in honor of the late Brigadier General Harold H. George. Adelanto continued as a "community services district" until 1970, when the city became incorporated, and Adelanto became San Bernardino County's smallest city.

Adelanto became a charter city in November 1992 and later a contract city in 2005. As of 2010, Adelanto had a population of almost 32,000 (City of Adelanto 2022; SBS Museum 2022; Census.gov 2022).

Methods of Review
Chambers Group requested a records search from the California Historical Resources Information System (CHRIS) South Central Coastal Information Center (SCCIC) at California State University, Riverside on April 1, 2022. The SCCIC returned the records search results on March 3, 2022, providing information on all documented cultural resources and previous archaeological investigations within one-half mile of the Project site. A half-mile study area was requested to provide additional context to the Project site and surrounding area and more information on which to base this review. Results of the records search (Figure 2) and additional research are detailed below and included in Attachment B. Resources consulted during a records search conducted by the SCCIC include the NRHP, California Historical Landmarks (CHL), California Points of Historical Interest (CPHI), Caltrans Historic Highway Bridge Inventory, the California State Historic Resources Inventory, local registries of historic properties, and a review of available Sanborn Fire Insurance maps as well as historical photographs, maps, and aerial imagery. The task also included a search for potential prehistoric and/or historic burials (human remains) evident in previous site records and/or historical maps.

Chambers Group archaeologist and cross-trained paleontologist Kellie Kandybowicz conducted a cultural resources Phase I intensive pedestrian survey of the Project site on April 14, 2022. The cultural resources survey consisted of systematic surface inspection of all areas with transects walked at 10-meter intervals to ensure that any evidence of surface-exposed cultural materials and/or evidence of paleontological resources could be identified. Chambers Group examined the ground surface for the presence of prehistoric artifacts (e.g., flaked stone tools, tool-making debris, stone milling tools), historical artifacts (e.g., metal, glass, ceramics), sediment discoloration that might indicate the presence of a cultural midden, roads and trails, and depressions and other features that might indicate the former presence of structures or buildings (e.g., post holes, foundations). The Project site was photographed using a digital camera and any on-site data was recorded using a hand-held global positioning system (GPS) unit with sub-meter accuracy. Chambers Group has all field notes, photographs, geodata, and other records related to the current study on file.

In addition, Chambers Group submitted a request to the Native American Heritage Commission (NAHC) on April 1, 2022, to provide a review of the Sacred Land Files (SLF) for the Project site and surrounding vicinity. Results of the NAHC SLF records search are detailed below and are included in Attachment A.

Finally, Chambers Group requested a paleontological records search from the San Bernardino County Museum on April 1, 2022. This information was requested with the intent to provide further context related to the paleontological sensitivity of the area based on known fossil locations identified within the Project site or half-mile study area. The paleontological records provide insight into what associated geological formations are more likely to contain fossils as well as the associated depths and placement of the known fossil locals relative to the geological formations in the area.

Project Personnel
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City of Adelanto
12 Chambers Group Cultural Resources Department Lead Lucas Tutschulte managed the Project and co-authored the report. Chambers Group archaeologist and cross-trained paleontologist Kellie Kandybowicz conducted the field survey, supported with background research and preparation of the report. Richard Shultz, MA, RPA, served as Principal Investigator for cultural resources, and performed quality control for the report.

Cultural Resources Reports within the Study Area
The results of the SCCIC records search were received on June 1, 2022. Based on the records search by the SCCIC, eight cultural resource studies have previously been completed within the half-mile records search radius. Table 1 provides further details of the eight studies. Of these eight reports, two overlap with the Project site, SB-07960 and SB-07982, and these projects are bolded and italicized in the table.

Table 1: Previous Cultural Resources Studies within the Half-Mile Study Area Report
Number Year Author Title Resources
Within
Project
Site?
SB-02037 1989 Hampson, R.

Paul

ASSESSMENT OF FOUR SITES
ALONG THE KRAMER-VICTOR 115

KV TRANSMISSION LINE
36-002257, 36-004020,
36-004022, 36-004024
SB-04453 2003 Eckhardt,
William T.

CUTURAL RESOURCEES SURVEY OF

WORKSTATIONS ON THE ROBIN,
KENO & MACK 12KV CIRCUITS &

TH PORTLAND, POCO & DOBLE
33KV CIRCUITS, SCE

DETERIORATED POLE

REPLACEMENT PROGRAM, SAN
BERNARDINO COUNTY, CA. 13PP
SB-05112 2006 Hatheway, Roger HISTORICAL, ARCHAEOLOGICAL

AND PALEONTOLOGICAL SURVEY

OF THE CASSIA PROPERTIES, LLC,

LOCATED AT THE NORTHEAST

CORNER OF THE INTERSECTION OF

CASSIA AND ADELANTO ROAD,

CITY OF ADELANTO, COUNTY OF

SAN BERNARDINO, CALIFORNIA
SB-05766 1997 Love, Bruce Cultural Resources Report:

Bakersfield—Rialto Fiberoptic Line
Project, Kern, Los Angeles and San
Bernardino Counties, California.

SB-07381 2011 Wilson, Stacie,
M.K. Meiser, and
Theodore G.

Cooley
Cultural Resources Class III Survey
Report for the Proposed Mojave
Solar Project and Lockhart
Substation Connection and
Communication Facilities, San
Bernardino County, California.
36-001025, 36-002257,
36-002291, 36-002910,
36-004018, 36-004019,
36-004020, 36-004021,
36-004022, 36-006148,
36-006348, 36-006552,
36-006553, 36-006555,
710

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13 Table 1: Previous Cultural Resources Studies within the Half-Mile Study Area Report
Number Year Author Title Resources
Within
Project
Site?
36-006556, 36-006557,
36-006572, 36-006693,
36-006793, 36-006877,
36-006880, 36-006881,
36-006882, 36-007429,
36-007430, 36-007431,
36-007432, 36-007544,
36-007545, 36-007746,
36-007747, 36-009509,
36-010316, 36-010317,
36-010318, 36-012469,
36-012470, 36-012471,
36-012472, 36-012690,
36-012693, 36-013897,
36-013952, 36-013954,
36-013959, 36-020985,
36-020986, 36-020987,
36-020988, 36-020989,
36-020990, 36-020991,
36-020992, 36-020993,
36-020994, 36-020995,
36-020996, 36-020997,
36-020998, 36-020999,
36-021000, 36-021001,
36-021002, 36-021003,
36-021004, 36-021005,
36-021006, 36-021007,
36-021008, 36-021009,
36-021010, 36-021011,
36-021012, 36-021013,
36-021014, 36-021096,
36-021099, 36-022194,
36-022195, 36-022196,
36-022197, 36-022198,
36-022199, 36-022200,
36-022201, 36-022202,
36-022203, 36-022204,
36-022205, 36-022206,
36-022207, 36-022208,
36-022209, 36-022210,
36-022211, 36-022212,
36-022213, 36-022214,
711

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RESULTS LETTER REPORT FOR THE ADELANTO
16454 ADELANTO ROAD WAREHOUSE PROJECT
City of Adelanto
14 Table 1: Previous Cultural Resources Studies within the Half-Mile Study Area Report
Number Year Author Title Resources
Within
Project
Site?
36-022215, 36-022216,
36-022217, 36-022218,
36-022219, 36-022220,
36-022221, 36-022222,
36-022223, 36-022224,
36-022225, 36-022226,
36-022227, 36-022228,
36-022229, 36-022230,
36-022231, 36-023224,
36-023225, 36-023226,
36-023227, 36-023228,
36-023229, 36-023230,
36-023231, 36-023232,
36-023233, 36-023234,
36-023235, 36-023236,
36-023237, 36-023238,
36-023239, 36-023240,
36-023241, 36-023242,
36-023243, 36-023244,
36-023245, 36-023246,
36-023247, 36-023248,
36-023249, 36-023250,
36-023251, 36-023252,
36-023253, 36-023254,
36-023255, 36-023256,
36-023257, 36-023258,
36-023259, 36-023260,
36-023261, 36-023262,
36-023263, 36-023264,
36-023265, 36-023266,
36-023267, 36-023268,
36-023269, 36-023270,
36-023271, 36-023272,
36-023273, 36-023274,
36-023275, 36-023276,
36-023277, 36-023278,
36-023279, 36-023280,
36-023281, 36-023282,
36-023283, 36-023284,
36-023285, 36-023286,
36-023287, 36-023288,
36-023289, 36-023290,
712

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City of Adelanto
15 Table 1: Previous Cultural Resources Studies within the Half-Mile Study Area Report
Number Year Author Title Resources
Within
Project
Site?
36-023291, 36-023292,
36-023293, 36-023294,
36-023295, 36-023296,
36-023297, 36-023298,
36-023299, 36-023300,
36-023301, 36-023302,
36-023303, 36-023304,
36-023305, 36-023306,
36-023307, 36-023308,
36-023309, 36-023310,
36-023311, 36-023312,
36-023313, 36-023314,
36-023315, 36-023316,
36-023317, 36-023318,
36-023319, 36-023320,
36-023321, 36-023322,
36-023323, 36-023324,
36-023325, 36-023326,
36-023327, 36-023328,
36-023329, 36-023330,
36-023331, 36-023332,
36-023333, 36-023334,
36-023335, 36-023336,
36-023337, 36-023338,
36-023339, 36-023340,
36-061220, 36-061222,
36-061225, 36-061226,
36-061227, 36-061248,
36-061250, 36-061252,
36-061253, 36-061254,
36-061255, 36-061256,
36-061257, 36-061258,
36-061259, 36-061260,
36-061261, 36-061262,
36-061263, 36-061264,
36-061651, 36-061699,
36-061709, 36-061711,
36-061712, 36-061713,
36-061716, 36-061717,
36-061718, 36-061719,
36-061720, 36-061721,
36-061722, 36-061723,
713

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City of Adelanto
16 Table 1: Previous Cultural Resources Studies within the Half-Mile Study Area Report
Number Year Author Title Resources
Within
Project
Site?
36-061724, 36-061728,
36-061729, 36-062021,
36-062022, 36-062023,
36-062024, 36-062025,
36-062026, 36-062027,
36-062028, 36-062029,
36-062030, 36-062031,
36-062032, 36-062033,
36-062034, 36-062035,
36-062036, 36-062037,
36-062038, 36-062040,
36-062046, 36-062061,
36-062062, 36-062063,
36-062192
SB-07899 2013 Strudwick, Ivan Cultural Resource and
Paleontology Monitoring Report -
SCE Sandlot (Water Valley) Project
36-026217, 36-026218
SB-07960 2010 Self, William Class III Cultural Resources Survey Addendum for the Proposed
Calnev Expansion Project,
California Portion San Bernadino
County, California
36-000827, 36-000828,
36-003731, 36-005351,
36-006109, 36-006117,
36-006506, 36-006693,
36-006699, 36-006708,
36-007091, 36-007309,
36-007371, 36-008127,
36-008131, 36-008133,
36-008544, 36-008857,
36-010148, 36-010317,
36-012335, 36-013632,
36-015497, 36-020321,
36-020324, 36-020325,
36-020326, 36-020327,
36-020328, 36-020329,
36-020330, 36-022659,
36-022660, 36-022661,
36-022662, 36-022663,
36-022664
Yes
SB-07982 2013 Dietler, Sara,
Elizabeth
Denniston, and
Steven Treffers
Cultural Resources Impact
Mitigation Analysis for the
Adelanto North 2035 Sustainable
Yes
714

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City of Adelanto
17 Previously Recorded Cultural Resources within the Study Area Based upon the records search conducted by the SCCIC, eight previously recorded cultural resources are recorded within the half-mile records search radius (Table 2). Of those eight previously recorded resources, none are located within the Project site. A map (Figure 2) displaying the record search results is included in Attachment B.

Table 2: Previously Recorded Cultural Resources within the Half-Mile Study Area Primary Number Trinomial Resource Names Site Description Within Project Site?
P-36-004020 CA-SBR-004020H ED-8 Historic Site No
P-36-004021 CA-SBR-004021H ED-10 Historic Site No
P-36-007747 CA-SBR-007747H Site 271+48 Historic Site No P-36-010316 CA-SBR-010316H Kramer-Victorville
Transmission Line Historic Structure No
P-36-023319 MTL-ISO-SJ-31 Historic Other No
P-36-034133
Access Road to SCE Bishop
Creek to San Bernardino
"Tower Line"
Historic Structure
No
P-36-034159
459_SCE KramerRoadway-Victor 115kV
Transmission Line
Historic Structure
No
P-36-061253 CA-SBR-061253H ED-9 Historic Site, Other No Background Research Results
In addition to the SCCIC record search, Chambers Group archaeologists completed research to determine if any additional historic properties, landmarks, bridges, or other potentially significant or listed properties are located within the Project footprint or one-half-mile study area. This background research included, but was not limited to, the NRHP, California State Historic Property Data Files, California State Historical Landmarks, California Points of Historical Interest, Office of Historic Preservation Archaeological Determinations of Eligibility, historical aerial imagery accessed via NETR Online, historical U.S. Geological Survey topographic maps, Built Environment Resource Directory (BERD), and California Department of Transportation (Caltrans) State and Local Bridge Surveys.

Table 1: Previous Cultural Resources Studies within the Half-Mile Study Area Report
Number Year Author Title Resources
Within
Project
Site?
Community Plan, City of San
Bernardino County, California
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City of Adelanto
18 As a result of the archival research, no previously recorded resources or any other listed or potentially significant properties were identified within the Project site.

Based on the review of available historical photographs and aerial imagery, it appears that the Project site has been open space with no built environment features visible from 1952 to approximately 2015, when the manufactured building, concrete slabs, and secured fencing were installed; these features remain to occupy the Project site. Historical topographic maps indicate the immediate area as undeveloped from 1957 through 2005 to 2009, when two self-storage buildings were constructed on both the north and south side of the Project site. The historical aerial imagery and topographic mapsindicate that the current alignment of Adelanto Road was constructed as a paved roadway sometime before 1952 (United States Department of Agriculture (USDA); NETRonline 2022).

US Route 395, portions of which are known as a Blue Star Memorial Highway, was established between 1952 and 1957.

Both Adelanto Road and US Route 395 are visible on the topographic map as early as 1957 (United States Department of Agriculture (USDA); NETRonline 2022). Originally constructed in 1933, portions of US Route 395 are listed on the BERD and have been evaluated and determined ineligible for inclusion in the NRHP (evaluation status: 6Y). This ineligible resource is not located within the Project site but is within the half-mile study area.

Field Survey Results
Chambers Group archaeologist and cross-trained paleontologist Kellie Kandybowicz conducted a cultural resources pedestrian survey of the Project site on April 14, 2022. The Project site was visually examined with north-south oriented transects at 10-meter intervals, working in an easterly direction. Soils were yellowish orange to light brown finemedium grained silty sand with roughly 25 percent small angular gravel. Ground visibility within the Project site was predominately good, with clear bare-ground areas providing an average of approximately 90-100 percent surface visibility within roughly three-quarters of the Project site (Photo 1 & 2). In the northeastern area of the Project site, where a manufactured building, concrete slabs, storage containers, gravel, and modern debris are located, ground visibility was approximately 85 percent (Photo 2). The entire Project site displayed evidence of previous disturbance related to the adjacent developed infrastructures on the northern and southern perimeters, as well as recent previous clearing and partial grading activities, which were indicated by a pile of dry vegetation refuse, upright grading stakes and survey/grading markers, a pile of removed previously installed metal fence posts with concrete bases, and patterns of equipment use in the dried soil.

The diagonal western margin of the Project site is bound by a six-foot-tall chain link fence, which runs parallel to US Route 395. The northern and southern margins of the Project site are bound by commercial self-storage facilities, separated by brick and stucco walls respectively. Along the eastern edge is a security iron fence with a sliding gate for vehicles access, which runs the entirety of the Project site from north to south. On the east side of the fence, west of Adelanto Road, is a roughly landscaped section of land with boulders lining the eastern side of the fence and an eastwest paved driveway leading to the sliding gate from Adelanto Road. This section of land is completely disturbed due to the proximity to Adelanto Road and the associated disturbances related to the road construction and ongoing maintenance.

Within the predominately enclosed Project site, in the northeastern section, is a commercial building and two concrete slabs, including a designated parking area. Beginning at the eastern entrance gate, and surrounding the parking slab, is a slightly dispersed layering of 1-4-inch sized rip rap gravel. There are also multiple imported pine trees separating the building and parking slab. Located to the west of the building are two Conex boxes. Additionally, in the general areas surrounding the building, parking slab, and Conex boxes is various scattered debris, including paint cans, mirrors, glass windows, appliances, metal and wood scraps, carpeting, screens, water tanks, a small, destructed metal-framed “shed” with corrugated roofing, furniture, used tires, wooden pallets, a mattress, Waste Management bins, clothing, and modern refuse of food and beverage containers. In the southeastern corner is a currently-in-use utility box.

No surface evidence of prehistoric or historic archaeological resources or paleontological resources was identified within the Project site.
716

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RESULTS LETTER REPORT FOR THE ADELANTO
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City of Adelanto
19 Photo 1: Overview of Project site from gated entrance, view to the west.

Photo 2: Overview of Project site from western margin, view to northeast 717

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City of Adelanto
20 Paleontological Resources
As mentioned in the environmental setting section, the overall Adelanto area is a portion of the southern extent of the Mojave Desert and western extent of the Colorado Desert. As such, this area is characterized by the presence of decomposing granite derived from the nearby hillsides and windborne or water-borne alluvial deposits. Additional information from California Geological Survey indicates that the Project site is situated atop geological formations of Pleistocene to Holocene age sediments comprised of largely non-marine alluvium, lake, playa, and terrace deposits; both unconsolidated and semi-consolidated (Jennings 2010).

Based on that information alone, the paleontological sensitivity might be considered low in the overall area. However, the requested paleontological records search for the Project site and half-mile study area provided more context and allows for the sensitivity determination to be further supported based on what fossil types and localities have been documented in the area.

A paleontological records search for the Project site was requested by Chambers Group from personnel at the San Bernardino County Museum (SBCM) on April 1, 2022, and results of the search conducted by Scott Kottkamp, Curator of Earth Science for the Division of Earth Science were received on July 15, 2022. The search revealed that the Project site is located most immediately atop recent alluvial surficial deposits of Holocene age (Qa) comprised of unconsolidated mixed sand, silt, and gravel, often covered by soil and these upper deposits appear unlikely to be fossiliferous (Dibblee and Minch, 2008). However, these upper deposits directly overlie approximately 1.8 million- to 11,000-year-old Pleistocene alluvial deposits (Qoa) that are found to be highly fossiliferous in the local area. These Qoa deposits are understood to be present at depths as shallow at three feet below native surface in Adelanto but are exposed to the surface at the Mojave River to the east of the Project site. Qoa has been shown to contain several fossil localities near the Project site. Fossil deposits recovered from Qoa in the vicinity include the remains of mammoth, mastodon, and other large mammals as well as microfossils including rodents (Reynolds and Springer, 1991). Qoa overlies the Miocene age Tropico Group, which is also fossiliferous in the Adelanto region (Dames and Moor, Inc., 1995).

The SBCM records search indicated that within the requested half-mile study area, three fossil localities (SBCM 1.115.1,

1.115.2, and 1.115.3) were found located at depths of five to 14 feet under the surface in middle to late Pleistocene age older alluvium consisting of mixed green to buff colored fine sand, silt, and clay, underlying the surficial younger alluvium. Additionally, the SBCM noted that outside of the half-mile buffer, several other localities are documented in Qoa, within a five-mile radius of the Project site. These include five localities (1.115.4 – 1.115.7, 1.115.11) within 2.0 miles of the Project site. Construction monitoring in the five-mile radius of the Project site uncovered 70 paleontological localities (including SBCM 1.114.56 – 1.114.90, SBCM 1.114.93 – 1.114.97, SBCM 1.114.131 – 1.114.46, SBCM 1.114.160 – 1.114.65, 1.114.206 – SBCM 1.114.208, and SBCM 1.114.290 – 294) situated within Qoa, three to 15 feet beneath the surface (Reynolds and Springer, 1991).

Overall, the paleontological research and SBCM records search results indicate that there is a medium paleontological sensitively and potential to encounter intact and fossiliferous soil deposition at and below depths as shallow as three feet below surface within the Project site.

Native American Heritage Commission Sacred Lands File Search On April 1, 2022, Chambers Group requested that the Native American Heritage Commission (NAHC) conduct a search of its Sacred Lands File (SLF) to determine if Tribal Cultural Resources (TCR) important to Native Americans have been recorded in the Project site and half-mile study area. PRC Section 21074 defines a resource as a TCR if it meets either of the following criteria:

1. sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a tribe that are listed, or determined to be eligible for listing, in the national or state register of historical resources, or listed in a local register of historic resources; or

2. a resource that the lead agency determines, in its discretion, is a tribal cultural resource 718

CULTURAL RESOURCES SURVEY AND STUDY

RESULTS LETTER REPORT FOR THE ADELANTO
16454 ADELANTO ROAD WAREHOUSE PROJECT
City of Adelanto
21 On May 13, 2022, Chambers Group received a response from the NAHC stating that the search of its Sacred Lands File was negative for the presence of Native American cultural resources within Project site and the record search study area.

The NAHC provided a list of 13 Native American tribal contacts that may have knowledge of cultural resources near the Project site. The 13 Native American contacts identified by the NAHC include Kern Valley Indian Community, Morongo Band of Mission Indians, Quechan Tribe of the Fort Yuma Reservation, San Fernando Band of Mission Indians, San Manuel Band of Mission Indians, Serrano Nation of Mission Indians, and Twenty-Nine Palms Band of Mission Indians.

The response from the NAHC and list of tribal contacts is included in Attachment A.

Upon receipt of the NAHC SLF records search it is considered best practice to allow for additional outreach via scoping letters with the tribes indicated in the NAHC SLF letter. This effort further supports the goal to determine the nature of any existing TCRs located within the Project site or half-mile study area. However, no scoping letters were transmitted due to the negative SLF results and the fact that the current Project will include AB 52 and SB 18 consultation efforts by the City of Adelanto with all tribes that have been included in the AB 52 consultation process with the City of Adelanto and SB 18 consultation with all tribes listed on the contact list provided by NAHC. The intent of these legislated consultation efforts is the same as NAHC scoping letters and will allow the local tribal groups with any TCR concerns to engage with the City and recommend protocols to ensure the TCRs are protected appropriately.

Tribal Consultation
The proposed Project does not require public review, and therefore does not require AB 52 and SB 18 consultation.

Nonetheless, as a good faith effort, the City of Adelanto initiated tribal consultation for the Project on July 13, 2022, which included six tribal groups. As of the date of this report, only two tribes have responded to the consultation notification. The Agua Caliente Band of Cahuilla Indians (ACBCI) responded via email on July 14, 2022. The ACBCI stated that the Project site is outside their Tribal Traditional Use Area and deferred to more local tribal groups. The Yuhaaviatam of San Manuel Nation (YSMN; formerly known as the San Manuel Band of Mission Indians) responded via email on August 11 and 25, 2022, noting that the Proposed Project area exists within Serrano ancestral territory and, therefore, is of interest to YSMN. They also stated that YSMN does not have any concerns with the Project’s implementation, as planned, at this time; however, they did request that additional language be provided as part of the project. These recommendations have been included as best management practices (BMPs) to ensure that any inadvertent discoveries of cultural resources are addressed, assessed, and protected appropriately, as well as verifying that the Tribe is notified appropriately of any cultural resources discovered throughout the Project.

Therefore, with compliance with Programs OS-13 and OS-14, and implementation of BMP TCR-1 and BMP TCR-2, any TCRs or cultural resources of importance uncovered will be handled properly, and the Project would not cause a change in the significant of a TCR, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape, or object with cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe.

Discussion
As detailed above, Chambers Group conducted a cultural resources records search and literature review within the Project site and surrounding half-mile study area in April and May of 2022 and conducted a cultural and paleontological pedestrian field survey in April 2022. The archaeological records search results were received and verified there are no known cultural resources within the Project site. No new cultural resources were observed during the pedestrian survey.

An archival records search through the CHRIS database at the SCCIC and background study of the Project site were conducted as part of the study. The SCCIC records search identified eight cultural resources reports and two cultural resources within the half-mile study area, but no resources were located within the Proposed Project site. Chambers Group also submitted a search request of the NAHC SLF to determine the presence or absence of data regarding any 719

CULTURAL RESOURCES SURVEY AND STUDY

RESULTS LETTER REPORT FOR THE ADELANTO
16454 ADELANTO ROAD WAREHOUSE PROJECT
City of Adelanto
22 known tribal cultural resources previously reported within the Project site or surrounding vicinity. The NAHC SLF search resulted in negative findings.

The paleontological records search confirmed no paleontological fossil localities have been previously recorded within the Project site, and no evidence of paleontological resources was observed on the surface during the pedestrian survey.

In summary, Chambers Group found no evidence of archaeological or paleontological resources within the Project site.

However, the paleontological records search results did indicate that there is a medium level of sensitivity and potential to encounter fossil bearing geologic units within intact buried formations known to exist within and underlying the Project site. Additionally, as indicated by the YSMN, the overall Adelanto area is associated with the traditional use area of the Serrano, and as such, has the potential to yield prehistoric archaeological materials. Based on the information available at this time and the results of the current study in accordance with the City of Adelanto Policy implementation Program OS-11 and OS-14 (City of Adelanto, 2014), the subsurface context within the Project site is considered medium sensitivity for buried resources, both archaeological and paleontological.

Recommendations
Based on the results of the background research utilizing publicly available sources, Chambers Group archaeologists assess that the Proposed Project site is currently a vacant parcel of land and is previously disturbed. The background research confirmed a medium level of sensitivity for buried resources, both archaeological and paleontological.

Although the NAHC SLF records search results resulted in negative findings, further consultation with local tribes and the associated response from YSMN clearly stated the general (medium) sensitivity for TCRs in the area.

Chambers Group recommends that the Project comply with Program OS-13 and OS-14 to ensure that impacts to potential undiscovered archaeological and paleontological resources remain less than significant. In general, if any cultural resources are identified, they would need to be evaluated for eligibility for the CRHR. Evaluation for archaeological sites consists of an archaeological testing program. Similarly, evaluation for paleontological resources will require evaluation by a qualified paleontologist. If determined eligible by the CEQA lead agency or the State Historic Preservation Office, mitigation, consisting of data recovery for archaeological sites, paleontological resources and documentation would be required if avoidance is not feasible.

Program OS-13 Disturbances of Archaeological Resources. If the archaeological assessment did not identify potentially significant archaeological resources in the proposed planning area, but indicates the area to be of medium or high sensitivity for archaeological resources, an archaeologist who meets the PQS shall be retained on an on-call basis. The archaeologist shall inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project’s initial on-site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) area exposed during ground disturbing activities, construction activities within a 50-foot radius of the discovery shall be halted while the on-call archaeologist is contacted. If the resource is determined to be significant or unique through significance evaluation, and site avoidance is not possible, appropriate site-specific mitigation measures shall be established and undertaken. These might include an archaeological data recovery program that would be implemented by a qualified archaeologist and performed in accordance with the Office of Historic Preservation’s Archaeological Resource Management Reports (ARMR). If the discovery proves to be significant, it shall be curated with a qualified scientific of educational repository, as defined by the Guidelines for the Curation of Archaeological Collections. 720

CULTURAL RESOURCES SURVEY AND STUDY

RESULTS LETTER REPORT FOR THE ADELANTO
16454 ADELANTO ROAD WAREHOUSE PROJECT
City of Adelanto
23 Program OS-14 Paleontological Resources. Future development proposals subject to environmental review pursuant to the California Environmental Quality Act (CEQA) are subject to the following provisions at the expense of the project proponent, as directed by the Development Services Director.

Paleontological Assessment. In areas containing middle to late Pleistocene era sediments (Qof) where it is unknown if paleontological resources exist, prior to grading an assessment shall be made by a qualified paleontological professional to establish the need for paleontologic monitoring. Should paleontological monitoring be required after recommendation by the professional paleontologist and approval by the Development Services Director, paleontological monitoring shall be implemented.

Paleontological Monitoring. A project that requires grading plans and is located in an area of known fossil occurrence or that has been demonstrated to have fossils present in a paleontological field survey or other appropriate assessment shall have all grading monitored by trained paleontologic crews working under the direction of a qualified professional, so that fossils exposed during grading can be recovered and preserved. Paleontologic monitors shall be equipped to salvage fossils as they are unearthed, to avoid construction delays, and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. Monitors shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Monitoring is not necessary if the potentially fossiliferous units described for the property in question are not present or if present are determined upon exposure and examination by qualified paleontologic personnel to have low potential to contain fossil resources. Should significant paleontological resources be discovered, paleontological recovery, identification, and curation shall be implemented.

Paleontological Recovery, Identification, and Curation. Qualified paleontologic personnel shall prepare recovered specimens to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. Qualified paleontologic personnel shall identify and curate specimens into the collections of the Division of Geological Sciences, San Bernardino County Museum or a similar established, accredited museum repository with permanent retrievable paleontologic storage. The paleontologist must have a written repository agreement in hand prior to the initiation of mitigation activities. This measure is not considered complete until curation into an established museum repository has been fully completed and documented.

Paleontological Findings. Qualified paleontologic personnel shall prepare a report of findings with an appendix of itemized specimens subsequent to implementation of paleontological recovery, identification, and curation. A preliminary report shall be submitted to and approved by the Development Services Director before granting of building permits, and a final report shall be submitted to and approved by the Development Services Director before granting of occupancy permits.

Additionally, to keep a working relationship with the YSMN Tribe, it is recommended that the following BMPs be incorporated during project construction:

BMP-TCR-1 The YSMN Cultural Resources Department shall be contacted, as detailed in OS-13, of any pre-contact cultural resources discovered during Project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resource Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with YSMN, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents YSMN for the remainder of the Project, should YSMN elect to place a monitor on-site. 721

CULTURAL RESOURCES SURVEY AND STUDY

RESULTS LETTER REPORT FOR THE ADELANTO
16454 ADELANTO ROAD WAREHOUSE PROJECT
City of Adelanto
24 BMP-TCR-2 Any and all archaeological/cultural documents created as a part of the Project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to YSMN. The Lead Agency and/or applicant shall, in good faith, consult with YSMN throughout the life of the Project.

Legal Requirement: Unanticipated discovery of Human Remains: In the unlikely event that human remains are discovered during ground-disturbing activities, then the Proposed Project would be subject to California Health and Safety Code 7050.5, CEQA Section 15064.5, and California Public Resources Code Section 5097.98. If human remains are found during ground-disturbing activities, State of California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the San Bernardino County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. In the event of an unanticipated discovery of human remains, the County Coroner shall be notified immediately. If the human remains are determined to be prehistoric, the County Coroner shall notify the NAHC, which shall notify a most likely descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials.

Chambers Group is available to assist with any further support or document preparation related to Cultural Resources, including tribal consultation. Please contact the Project Manager Victoria Boyd, at (760) 685 -4838, or one of the contacts below if you have any questions or comments regarding this report.

Sincerely,
CHAMBERS GROUP, INC.

Richard Shultz MA, RPA
Cultural Resources Principal Investigator
858.541.2800 Ext 7114
9620 Chesapeake Drive, Suite 202
San Diego, CA 92123
Kellie Kandybowicz
Cultural Resources Specialist
858.541.2800
9620 Chesapeake Drive, Suite 202
San Diego, CA 92123
Attachments
Attachment A: NAHC SLF Records Search Results
Attachment B (Confidential): Record Search Results
Lucas Tutschulte
Cultural Department Lead
858.541.2800 Ext 7140
9620 Chesapeake Drive, Suite 202
San Diego, CA 92123
722
References
Bean, Lowell J. and Charles R. Smith
1978 Serrano. The R.F. Heizer, (ed). Handbook of North American Indians. Vol. 8: California: 538- 549. Washington, DC: Smithsonian Institute.
1978 Gabrielino. The R.F. Heizer, (ed). Handbook of North American Indians. Vol. 8: California:
538-549. Washington, DC: Smithsonian Institute.

Byrd, Brian F., and L. Mark Raab
2007 Prehistory of the Southern Bight: Models for a New Millennium. In California Prehistory, edited by Terry L. Jones and Kathryn A. Klar, pp. 215-228. Altamira Press, New York.

California Office of Historic Preservation (OHP)
1995 Historic Properties Directory. State of California: Sacramento. Accessed April 25, 2022 at https://ohp.parks.ca.gov/?page_id=30338.

City of Adelanto
2022 About Adelanto: The History of Adelanto. Accessed at https://www.ci.adelanto.ca.us/218/About-Adelanto.
2014 Adelanto North 2035 Comprehensive Sustainable Plan. Accessed 2022, at https://www.ci.adelanto.ca.us/DocumentCenter/View/623/Adelanto-North-2035- Sustainable-Plan.

Dames and Moore, Inc.
1995 Mead/McCullough-Victorville/Adelanto Transmission Project, Paleontological Resources Post-Construction Compliance Report. By Dames and Moore, Inc., for Los Angeles Department of Water and Power.

Dibblee, T.W., and Minch, J.A.
2008 Geologic map of the Shadow Mountains and Victorville 15 minute quadrangles, San Bernardino and Los Angeles Counties, California. Dibblee Geological Foundation. Dibblee Foundation Map DF-387. Scale 1:62,500. Available at:
https://ngmdb.usgs.gov/Prodesc/proddesc_84197.htm (accessed 26 April 2022).

Reynolds, R. E., and Springer, K.
1991 Paleontologic Mitigation Program Kramer-Victor 115 kV Transmission Line, Mojave Desert, California. By San Bernardino County Museum, for Southern California Edison Company.

Bureau of Land Management Permit CA 881416.

Eerkens, Jelmer W.
1999 Common Pool Resources, Buffer Zones, and Jointly Owned Territories: Hunter-Gather Land and Resources Tenure in the Fort Irwin. Southeastern California. Human Ecology 27(2):297- 318.

Forbes, Jack D.
1963 Indian Horticulture West and Northwest of the Colorado River. Journal of the West.

Jennings, C.W., et al.
2010 Geologic Map of California, prepared for California Geological Survey, Map No. 2. 723
Jones, Terry L., and Kathryn A. Klar
2007 California Prehistory: Colonization, Culture, and Complexity. AltaMira Press, Berkeley, California.

Koerper Henry C., and Christopher E. Drover
1983 Chronology Building for Coastal Orange County: The Case from CA-ORA-119-A. Pacific Coast Archaeological Society Quarterly 19(2):1–34.

Koerper Henry C., Roger D. Mason, and Mark L. Peterson
2003 Complexity, Demography, and Change in Late Holocene Orange County. In Catalysts to Complexity: Late Holocene Societies of the California Coast, edited by Jon M. Erlandson and Terry L. Jones, pp. 63–81. Perspectives in California Archaeology, Vol. 6, Costen Institute of Archaeology, University of California, Los Angeles.

Kroeber, Alfred L.
1925 Handbook of the Indians of California.

Moratto, Michael J.
1984 California Archaeology. Academic Press, Orlando, Florida.

NETRonline
2022 NETR Online. Aerial Images: 1952, 1968, 1985, 1994, 2005, 2009, 2010, 2012, 2014, 2016, 2018. Topographical: 1957, 1958, 1964, 1969, 1970, 1975, 1980, 1993, 2012, 2015, 2018.

Accessed at http://www.historicaerials.com/.

San Bernardino Sheriff Museum (SBS)
2022 Our History-San Bernardino Sheriff Museum: What We Do. Accessed at https://www.sbsmuseum.com/what-we-do.

Steward, Julian H.
1938 Basin-Plateau Aboriginal Sociopolitical Groups. Bureau of American Ethnology.

Stickel, E.G. and L.J. Weinman-Roberts
1980 An Overview of the Western Mojave Desert. Bureau of Land management, California Desert District, Riverside.

UC Davis
2022 SoilWeb. Website accessed April 25, 2022.

United States Census Bureau
2022 Census Data: Adelanto City, California; United States; 2010. Accessed at https://www.census.gov/quickfacts/fact/table/adelantocitycalifornia,US/POP010210.

Wallace, William J.
1955 Suggested Chronology for Southern California Coastal Archaeology. Southwestern Journal of Anthropology 11(3):214–230.
1978 Post-Pleistocene Archaeology, 9000 to 2000 B.C. In California, edited by R. F. Heizer.

Handbook of North American Indians, Vol. 8, William C. Sturtevant, general editor, Smithsonian Institution, Washington, D.C.
724
ATTACHMENT A – NAHC SLF RECORDS SEARCH RESULTS LETTER
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Attachment A: NAHC SLF Records Search Results Letter
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APPENDIX D – Vehicle Miles Traveled (VMT) Analysis – 16454 Adelanto Road Warehouse, prepared by General Technologies and Solutions (GTS), May 16, 2022; Updated October 27, 2022. 729
1 t +1 213 267 2332 | f +1 213 318 0744
[email protected] | www.gentecsol.com
1055 W 7th St #3300, Los Angeles, CA 90017
GTS | General Technologies and Solutions

MEMORANDUM
Date: May 16, 2022; Updated October 27, 2022 GTS: 220306.01 To: Victoria Boyd, Chambers Group
From: Rawad Hani, GTS
Subject: Vehicle Miles Traveled (VMT) Analysis – 16454 Adelanto Rd Warehouse, Adelanto, CA This memorandum describes the development of vehicle miles traveled (VMT) analysis for the proposed warehouse at 16454 Adelanto Rd in the City of Adelanto (City), CA. The project is located between US highway 395 and Adelanto Rd and between Holly St/Rd and Rancho Rd in the City of Adelanto. The project proposes construction of a single building with 49,798 SF of industrial warehouse land use. The project would be consistent with the existing zoning of Light Manufacturing (LM). This VMT analysis evaluated the project using the 2016 and 2040 model years obtained from the San Bernardino County Transportation Authority (SBCTA).

Background
On December 28, 2018, the California Office of Administrative Law cleared the revised California Environmental Quality Act (CEQA) guidelines for use. Among the changes to the guidelines was removal of vehicle delay and level of service from consideration under CEQA. With the adopted guidelines, transportation impacts are to be evaluated based on a project’s effect on vehicle miles traveled (VMT).

Methodology
The project VMT analysis was conducted using the City of Adelanto’s “Traffic Impact Analysis Guidelines for Vehicle Miles Traveled (VMT) and Level of Service Assessment (LOS)” (Guidelines), dated July 2020.

The guidelines included project screening criteria which was reviewed for the project evaluation. The project doesn’t qualify for VMT screening under any of the established screening criteria. Although not required, a full VMT analysis was conducted using San Bernardino County Transportation Analysis Model (SBTAM) as recommended in the City’s guidelines.

SBTAM model is a socioeconomic data-based model and so the project land use was converted into model employment categories using conversion factors that were developed from the ITE Trip Generation Manual trip rate data. The land use conversion yielded a total of 17 employees as shown in Table 1.

However, the operational statement for the project included a total of 20 employees at the project site.

Number of employees from the operational statement was used in the VMT analysis for a conservative scenario.
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16454 Adelanto Rd Warehouse VMT Analysis
2 Table 1: 16454 Adelanto Rd Warehouse – Employment Estimates Land Use Unit Total
Units ITE Code Trips/Unit Trips/Emp Emp/Unit Total Employees Employees
(Operational
Statement)
Warehouse SF 49,798 150 1.71 5.05 0.338 17 20
Total Employees used in VMT analysis 20
VMT Analysis
Both baseline (2016) and horizon year (2040) model runs were used to estimate project’s VMT impacts.

SBTAM socioeconomic databases for the scenarios were updated with the project land use to calculate project VMT. Typically, project VMT is calculated by isolating the project in a new TAZ or multiple TAZs depending on the diversity of project land uses and project size. Since, SBTAM does not allow addition of new TAZs, one TAZ was borrowed for this project. The project TAZ was utilized to calculate project specific VMT per service population.

No project specific network modifications were conducted for the model scenarios. Full model runs with feedback loops were conducted for all of the project scenarios. It should be noted that the project land use was included in the model as additional land use in the cumulative (2040) scenario and no shifting of land use from other TAZs was used. In that regard, the cumulative VMT analysis can be considered as a conservative estimate.

Based on the Guidelines, either project’s Origin/Destination (OD) VMT per service population or Production/Attraction (PA) VMT per service population can be used to evaluate project impact if the project consists of a single land use. As the proposed project consists of a single land use (warehouse), PA VMT per service population was used to evaluate the project.

The project PA VMT per service population for base and cumulative scenarios was compared with San Bernardino County regional average PA VMT per service population. The San Bernardino County PA VMT per service population threshold was estimated using “No Project” runs conducted by GTS. VMT metrics for the threshold and project were developed using consistent methodology.

Table 2 below shows the project VMT metrics for both baseline (2016) and cumulative (2040) conditions along with the regional VMT thresholds. For both 2016 and 2040 conditions, the project’s PA VMT per service population is less the County’s PA per service population. 731
16454 Adelanto Rd Warehouse VMT Analysis
3 Table 2: Project VMT Analysis
2016
16454 Adelanto Rd
Warehouse San Bernardino County*
Households - 630,327
Population - 2,140,539
Employment 20 790,400
Service Population 20 2,930,939
Homebased Work (HBW) VMT 255 13,554,775
PA VMT 338 77,244,870
HBW VMT per employee 12.8 17.1
PA VMT per service population 16.9 26.4
2040
16454 Adelanto Rd
Warehouse San Bernardino County*
Households - 854,777
Population - 2,721,775
Employment 20 1,027,872
Service Population 20 3,749,647
Homebased Work (HBW) VMT 201 17,045,817
PA VMT 282 103,117,026
HBW VMT per employee 10.0 16.6
PA VMT per service population 14.1 27.5
* Estimated using No-Project model runs
Table 3 illustrates the project’s effect on VMT. The project’s effect on VMT is a comparison of roadway VMT within San Bernardino County for both “With project” and “Without project” conditions. As shown in Table 3, the project does not increase the VMT per service population.

Table 3: Roadway VMT within San Bernardino County
2016 With Project Without Project
Roadway VMT 57,506,209 57,354,729
Service population 2,930,959 2,930,939
VMT per service population 19.6 19.6
2040 With Project Without Project
Roadway VMT 88,372,847 88,879,672
Service population 3,749,667 3,749,647
VMT per service population 23.6 23.7
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16454 Adelanto Rd Warehouse VMT Analysis
4 Conclusion
Based on the VMT analysis as shown in above Tables 2 and 3, the project doesn’t constitute a significant impact for both “project generated VMT” and “project’s effect on VMT. 733
MEMO
To: James Hirsch
From: Chambers Group, Inc.

Date: March 2, 2023
RE: 16454 Adelanto Road Warehouse - Response to Appeal from SAFER

BACKGROUND
At the meeting of November 16, 2022, the Planning Commission approved the 16454 Adelanto Road Warehouse Project, and adopted a Categorical Exemption for the Project. An Appeal of the Planning Commission Approval was filed on November 29, 2022 on the basis that the Project does not qualify for CEQA’s Infill Exemption because the site is not substantially surrounded by urban uses.

PROJECT DESCRIPTION
The Project site is a mostly vacant, 3.17-acre parcel located at 16454 Adelanto Road in the City of Adelanto (City) in San Bernardino County, California (Project site). The Project site’s Assessor Parcel Number (APN) is 3128-231-04. The site has a land use designation and zoning of Light Manufacturing (LM). Access to the site is currently available via a private driveway along Adelanto Road. Existing on the site is a vacant manufactured commercial building, an iron fence, and two concrete slabs, including a designated parking area. Beginning at the eastern entrance gate, and surrounding the parking slab, is a slightly dispersed layering of 1-4-inch sized rip rap gravel. There are also multiple imported pine trees separating the building and parking slab. Located to the west of the building are two Conex boxes. The site contains minimal vegetation. The elevation at the Project site is approximately 2,871 feet above mean sea level (amsl). The City of Adelanto is located in the High Desert region of San Bernardino County, just north of the San Gabriel Mountains.

The proposed Project involves grading the vacant site and construction and operation of a single-story, 49,798-square-foot (sq. ft.) warehouse distribution facility (proposed Project). The facility would have 27 loading docks; three at level height and 24 at dock height. The proposed Project would also contain offices, four restrooms, two shower rooms, a break room, a guard house, and a trash enclosure. The Project site would contain 43 parking spaces, including two Americans with Disabilities Act (ADA)- compliant parking spaces. The majority of the parking and facility would be contained behind a security gate that would be operated by the staff in the guard house. An underground detention system would be used in the drive aisle to help with offsite flows.

The existing mobile building and other various equipment would be removed from the site. The Project is an allowed use under the existing LM zoning.

APPLICABILITY OF CEQA INFILL EXEMPTION
Chambers Group prepared an Initial Study for the proposed Project, supported by an Air Quality, Energy, and Greenhouse Gas Emissions Report, a Biological Resources Report, a Cultural Resources Report, and a Vehicle Miles Traveled Memorandum. The results of the Initial Study concluded that the 734
MEMO
construction and operation of the proposed Project, would not result in any impacts. With all of this information, Chambers Group provided an applicability of exemption document showing that not only does the Project have findings to support a Class 32 Categorical Exemption (Infill Exemption, CEQA Section 15332) but the Project does not trigger any exceptions to the CEQA Exemption (CEQA Section 15300.2). All of this support information can be found in Attachment A of this memorandum.

This document, similar to the Land Use section of the Initial Study discussed that the Project is consistent with City’s General Plan and Zoning designations. The Project will be located in the LM zone and land use of the City. LM zones allow for limited manufacturing and warehousing. The Project will construct and operate a distribution facility which will be consistent with the permitted uses of the LM zone. Furthermore, existing LM uses are directly east of the Project site in an area of the City known as ‘Light Manufacturing District East’. The Project would also be consistent with the applicable land use policies as noted in the Adelanto North 2035 Sustainable Plan, as shown in Table 1 below.

Table 1. Land Use and Community Design Policies Consistency Analysis Land Use and Community Design Policies Consistency
Goal LC 3: Diverse employment and business opportunities.

LC 3.1 Establish business and employment land use
designations to support employment and
economic development.

Consistent. The proposed Project would develop
a warehouse facility that would employee 20
persons full-time.

LC 3.2 Accommodate industrial, logistics, and
warehousing uses to complement the SCLA
in the Airport Development District,
Business Park District, and Light
Manufacturing District East. Ensure the
sustainable concepts and practices described
in Policy OS 3.2, OS 3.5, OS 4.5, OS 6.1,
OS 6.2, OS 6.3, OS 8.2, OS 9.1 are
implemented.

Consistent. The proposed Project would develop
a warehouse facility just over 2 miles from the
SCLA. The sustainable concepts listed are
analyzed below.

LC 3.3 Provide neighborhood, community and
regional commercial services, and retail uses
to support the neighborhoods.

Consistent. The proposed Project would develop
a warehouse facility that would allow for delivery
and export of auto parts, and electrical and forklift parts that would be used by the City.

LC 3.4 Provide incentives to encourage businesses
to locate within the Mixed Use, Business
Park, Light Manufacturing, and
Manufacturing/Industrial land use
designations.

Consistent. The proposed Project would be
located in the LM land use and zoning
designation.

Goal LC 4: Sustainability incorporated into land use patterns and development approaches.

LC 4.3 Create a sustainable community that is
responsive to the environmental, water, and
energy conservation needs of the region and
local area.

Consistent. The Project would be required to
adhere to CalGreen Building Code Standards
which establish mandatory green building
standards for all buildings in California. The code
covers five categories: planning and design,
energy efficiency, water efficiency and
conservation, material conservation and resource
efficiency, and indoor environmental quality. The
CALGreen code, includes insulation and design
provisions to minimize wasteful energy
consumption including low flow toilets, and
energy efficient equipment. Compliance with
735
MEMO
these regulations would improve the efficiency of
the overall Project.

Goal LC 5: Adequate infrastructure to meet new development growth.

LC 5.1 Require new development to pay its fair
share of the cost of public facilities, services,
and infrastructure, including but not limited
to transportation, incremental water supply,
sewer and wastewater treatment, solid waste,
flood control and drainage, schools, fire and
police protection, and parks and recreation.

Consistent. As further described in Section 3.15
Public Services, the proposed Project would be
require to pay fair share of services where
applicable.

Goal LC 6 Natural desert habitat/wildlife and limited residential development/ recreational opportunities are within Open Spaces and Green Belt Corridors.

LC 6.1 Minimize direct or indirect impacts to
sensitive biological resources while
optimizing the potential for mitigation.

Consistent. As further described in Section 3.4
Biological Resources, the proposed Project would
implement mitigation measures for biological
resources such that impacts would be less than
significant.

Goal LC 7: Passive solar design and green building practices take advantage of Adelanto’s solar and wind conditions.

Consistency analysis with policies LC 7.1-7.11 are in Table 3.6-1.

LC 7.12 Encourage all plumbing fixtures be certified
low water use, and encourage the use of
1/8th gallon urinals (or similar) and dualflush toilets.

Consistent. The Project would be required to
adhere to CalGreen Building Code Standards
which establish mandatory green building
standards for all buildings in California. The code
covers five categories: planning and design,
energy efficiency, water efficiency and
conservation, material conservation and resource
efficiency, and indoor environmental quality. The
CALGreen code, includes insulation and design
provisions to minimize wasteful energy
consumption including low flow toilets, and
energy efficient equipment. Compliance with
these regulations would improve the efficiency of
the overall Project.

LC 7.18 Minimize or eliminate construction waste.

Encourage the reduction, reusing, and/or
recycling of waste materials to minimize
disposal to a landfill.

Consistent. As further described in Section 3.19
Utilities and Service systems, the Project would
be required to comply with AB 939 and AB 341,
which state the City must divert at least 50
percent of its annual waste and set a 75 percent
recycling goal for California by 2020.

Goal LC 14: Well-planned and high quality industrial and business parks.

LC 14.4 Design loading areas with adequate spacing
for truck maneuvering without encroaching
onto the adjoining street.

Consistent. The proposed Project is a warehouse
facility that would require deliveries from trucks.

The facility would be built to accommodate the
trucks without encroaching on the adjoining
street.

LC 14.5 Provide the highest level of articulation and
architectural features along the front façade.

Consistent. The proposed Project would be
required to adhere to the City’s zoning code and
general plan which specifies type and usage for
building material and architectural features for all
projects.

LC 14.6 Require high quality and well designed
signage to direct pedestrians and vehicles to
loading and receiving, visitor parking, and
other special uses.

Consistent. The proposed Project would be
required to adhere to the City’s zoning code and
general plan which specifies type and usage of
signage for all projects.

Goal LC 17: A more aesthetically pleasing environments with landscape materials that reflect the Mojave Desert environment
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MEMO
LC 17.1 Use landscaping to reflect a ‘sense of place’
that blends in with Mojave Desert and native
plant materials.

Consistent. Landscaping would be consistent
with desert type species and would be low water
requirement with minimal irrigation. Landscaping
would surround the site and occupy
approximately 10.85% of the parcel.

LC 17.2 Provide landscaping plants and materials
that complement the Mojave Desert
environment and wildlife, lower
maintenance requirements, and require low
to moderate irrigation requirements.

Consistent. Landscaping would be consistent
with desert type species and would be low water
requirement with minimal irrigation. Landscaping
would surround the site and occupy
approximately 10.85% of the parcel.

LC 17.4 Use irrigation systems that utilize water
conserving methods and incorporate water
efficient technologies.

Consistent. Landscaping would be consistent
with desert type species and would be low water
requirement with minimal irrigation. Landscaping
would surround the site and occupy
approximately 10.85% of the parcel.

LC 17.5 Incorporate sustainable landscaping methods
in all new development projects and public
realm improvements.

Consistent. Landscaping would be consistent
with desert type species and would be low water
requirement with minimal irrigation. Landscaping
would surround the site and occupy
approximately 10.85% of the parcel.

Goal OS 3: Energy conservation and renewable energy production is maximized to reduce natural resources and fossil fuels consumption.

OS 3.1 Promote the use of renewable energy and
support efforts to develop small-scale,
distributed energy (e.g., solar power and
wind power) to reduce the amount of
electricity drawn from the regional power
grid, while providing Adelanto with a
greater degree of energy self-sufficiency.

Consistent. The proposed warehouse will be
designed to meet the 2019 Title 24 Part 6
building standards that require that new nonresidential buildings be designed to be “solar ready” that includes structurally designing the
roof to support solar PV panels and installation of
electrical conduit to support PV panels.

OS 3.2 Encourage new warehousing,
manufacturing, industrial, and large
commercial retail buildings to be designed to
accommodate future rooftop solar panel
systems.

Consistent. The proposed warehouse will be
designed to meet the 2019 Title 24 Part 6
building standards that require that new nonresidential buildings be designed to be “solar ready” that includes structurally designing the
roof to support solar PV panels and installation of
electrical conduit to support PV panels.

OS 3.5 Require all new development to provide site
design and building orientation that take into
account passive solar design to reduce
heating and cooling loads through energyefficiency strategies.

Consistent. As mentioned previously, the
proposed Project would be oriented on an eastwest access in order to minimize western sun exposure.

OS 3.8 Conserve energy by promoting efficient and
cost-effective lighting that reduces glare and
light pollution.

Consistent. All lighting on the project site will
be required to meet the CalGreen Building
Standards, which require the installation of LED
or other energy efficient lighting and also requires
the use of lighting controls that automatically dim
or turn off lights when sensors determine that no
people are in the area.

Goal OS 4: Water consumption is reduced through aggressive implementation of conservation policies and programs.

OS 4.5 Provide for recycled water distribution by
requiring recycled water dual piping in new
developments, retrofitting existing
landscaped areas, and constructing recycled
water pumping stations and transmission
mains to reach areas far from the treatment
plants.

Consistent. The City currently does not distribute
recycled water, therefore the Project cannot
currently plan for recycled water consumption.

However, if it does become available, the
Applicant will evaluate the possibility of utilizing
recycled water for landscaping needs.

Goal OS 6: Local air quality is good; local contributions of airborne pollutants to the air basin is reduced. 737
MEMO
OS 6.1 Pursue efforts to reduce air pollution and
greenhouse gas emissions by promoting the
use of renewable energy (e.g., solar and
wind power), and implement effective
energy conservation and efficiency
measures.

Consistent. The proposed warehouse will be
designed to meet the 2019 Title 24 Part 6
building standards that require that new nonresidential buildings be designed to be “solar ready” that includes structurally designing the
roof to support solar PV panels and installation of
electrical conduit to support PV panels.

OS 6.2 Integrate air quality planning with land use,
economic development, and transportation
planning.

Consistent. The proposed Project would infill
development between two existing developments
on a parcel otherwise currently underdeveloped.

Required utilities including roadways are nearby
for easy connections and would not require
extensive construction to connect to.

OS 6.3 Require projects that generate potentially
significant levels of air pollutants and odors
to incorporate the most effective air quality
mitigation into project design, as feasible.

Consistent. As discussed in Section 3.2, Air
Quality above, the proposed Project would not
have any impacts on air quality or odors.

Goal OS 8: Greenhouse gas emissions are minimized due to the efficient use and management of energy resources.

OS 8.2 Reduce greenhouse gas emissions caused
from the use of electricity and natural gas by
residential, commercial, industrial, and
municipal buildings.

Consistent. The Project would be required to
adhere to CalGreen Building Code Standards
which establish mandatory green building
standards for all buildings in California. The code
covers five categories: planning and design,
energy efficiency, water efficiency and
conservation, material conservation and resource
efficiency, and indoor environmental quality. The
CALGreen code, includes insulation and design
provisions to minimize wasteful energy
consumption including low flow toilets, and
energy efficient equipment. Compliance with
these regulations would improve the efficiency of
the overall Project.

Goal OS 9: Sustainable neighborhood development principles, green infrastructure, and green buildings are found throughout Adelanto North.

OS 9.1 Encourage and support green building
principles in Adelanto
Consistent. The Project would be required to
adhere to CalGreen Building Code Standards
which establish mandatory green building
standards for all buildings in California. The code
covers five categories: planning and design,
energy efficiency, water efficiency and
conservation, material conservation and resource
efficiency, and indoor environmental quality. The
CALGreen code, includes insulation and design
provisions to minimize wasteful energy
consumption including low flow toilets, and
energy efficient equipment. Compliance with
these regulations would improve the efficiency of
the overall Project.

SUBSTANTIALLY SURROUNDED BY URBAN USES
The Appellant claims that a CEQA Infill Exemption is inappropriate because the Project site is not substantially surrounded by urban uses. Public Resources Code 21061.3 defines an infill site as a site that meets either of the following:
738
MEMO
(a) The site has not been previously developed for urban uses and both of the following apply:
(1) The site is immediately adjacent to parcels that are developed with qualified urban uses, or at least 75 percent of the perimeter of the site adjoins parcels that are developed with qualified urban uses, and the remaining 25 percent of the site adjoins parcels that have previously been developed for qualified urban uses.
(2) No parcel within the site has been created within the past 10 years unless the parcel was created as a result of the plan of a redevelopment agency.
(b) The site has been previously developed for qualified urban uses.

Further, qualified urban uses are defined as, “any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses’.

The Project fits under category (a) as described below:
(a) The site has not been previously developed for urban uses and both of the following apply:

The site is mostly vacant and has never been fully developed. (1) The site is immediately adjacent to parcels that are developed with qualified urban uses, or at least 75 percent of the perimeter of the site adjoins parcels that are developed with qualified urban uses, and the remaining 25 percent of the site adjoins parcels that have previously been developed for qualified urban uses.

The Project site is surrounded by the following uses:

North: Single-story self storage facility; qualified urban use - commercial.

South: Single-story self storage facility; qualified urban use - commercial.

East: Adelanto Road; qualified urban use - transit or transportation passenger facility. Followed by a historic motocross facility – qualified urban use – commercial.

West: US-395 Highway; qualified urban use - transit or transportation passenger facility.

The Project site is 100 percent surrounded by qualified urban uses. (2) No parcel within the site has been created within the past 10 years unless the parcel was created as a result of the plan of a redevelopment agency.
739
MEMO
The parcel map for the Project site was created in 2009 (Attachment B) and was slightly amended in 2021 when Highway 395 required widening1. Additionally, the self-storage facility north of the Project site, was constructed as early as 2005. The parcel was created over 10 years ago.

CONCLUSION
In conclusion, the Project meets the definition of a Class 32 Infill Development Exemption, and doesn’t trigger any exceptions to the exemption. The Project does not require any mitigation measures and as such, an exemption is the appropriate CEQA document, and a mitigated negative declaration or environmental impact report would not only not be required, but would be inappropriate. Additionally, the Project is consistent with the City’s General Plan and Zoning designation and objectives and policies. 1 San Bernardino Associated Governments, Agenda, Mountain/Desert Policy Committee, February 12, 2016.

Available online at: https://www.gosbcta.com/wp-content/uploads/2019/08/0216-mdc.pdf 740
1 Brenda Lopez
From: Chuck Minyard <[email protected]>
Sent: Thursday, August 10, 2023 1:52 PM
To: James C. Hirsch
Subject: RE: 16454 Adelanto Road
Attachments: 20210923_114214.pdf; 20210923_114224.pdf; 20210923_114355.pdf; 20210923_ 114543.pdf; 20210923_114556.pdf; 20210923_114712.pdf; 20210923_115020.pdf Hi Jim,
Aached you will find the photos we reviewed yesterday for your use.

Thank you
Charles ‘Chuck’ Minyard
Managing Director, Architecture
O: (800) 735- 9973 M: (714) 323-9955
A: 750 N Diamond Bar Blvd, Ste 188, Diamond Bar,CA 91765 To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.

From: James C. Hirsch <[email protected]>
Sent: Thursday, August 10, 2023 11:57 AM
To: Chuck Minyard <[email protected]>
Subject: RE: 16454 Adelanto Road
Charles,
Its not leng me open it and says the Primor account won’t open. Can you just send me a pdf of the building from Adelanto road looking west?
Thank you,
Jim Hirsch
From: Chuck Minyard <[email protected]>
Sent: Wednesday, August 9, 2023 5:35 PM
741
2 To: James C. Hirsch <[email protected]>
Subject: 16454 Adelanto Road
Hi Jim,
Thank you again for the discussion this aernoon. Below is a link to the photos as requested. Let me know if you have difficulty with opening the link. We have had a few people who have had trouble in the past since implemenng a new security setup.

Photos For City Planner
Charles ‘Chuck’ Minyard
Managing Director, Architecture
O: (800) 735- 9973 M: (714) 323-9955
A: 750 N Diamond Bar Blvd, Ste 188, Diamond Bar,CA 91765 To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. 742
A1.0
SITE PLAN CNM SHEET NUMBER: DRAWN BY: DATE:

PROJECT: THESE DRAWINGS ARE INSTRUMENTS OF SERVICE AND ARE THE PROPERTY OF PRIMIOR INC. ALL DESIGNS AND OTHER INFORMATION ON THE DRAWINGS ARE FOR THE USE ON THE SPECIFIED PROJECT AND SHALL NOT BE USED OTHERWISE WITHOUT EXPRESS WRITTEN PRIMIOR INC. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE RESPONSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE JOB AND THIS OFFICE SHALL BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN ON THE DRAWINGS. SHOP DETAILS SHALL BE SUBMITTED TO THIS OFFICE FOR REVIEW BEFORE PROCEEDING. COPYRIGHTED 16454 ADELANTO ROAD
ADELANTO, CALIFORNIA 92301
DISTRIBUTION FACILITY 05/13/2022
DATE REMARKS North OVERALL SITE PLAN North North ENLARGED SITE PLAN ENLARGED SITE PLAN

ADELANTO ROAD
HWY 395 6 10 11 10
GATE 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1

LEVEL DOCK
LEVEL DOCK (10) DOCK HIGH 1-STORY BUILDING 49,798 S.F.

LEVEL DOCK 33 T TRASH ENCLOSURE 10 11 27 26 25 LEVEL DOCK 6 10 LEVEL DOCK 33 TRASH ENCLOSURE (14) DOCK HIGH GUARD HOUSE GUARD HOUSE 2 1 1 3 2 SITE PLAN NOTES PROPERTY LINE S89° 42' 13" W 724.92' (PER DEED) PROPERTY LINE S89° 42' 13" W 665.65' (PER DEED) PROPERTY LINE N00° 06' 53" W 210.00' (PER DEED) PROPERTY LINE S15° 53' 17" E 218.02' (PER DEED) SITE DATA PARKING: SITE: SITE PLAN GENERAL NOTES: SITE LEGEND BICYCLE SPACES LANDSCAPING:
743
A1.1
SITE PLAN CNM SHEET NUMBER: DRAWN BY: DATE:

PROJECT: THESE DRAWINGS ARE INSTRUMENTS OF SERVICE AND ARE THE PROPERTY OF PRIMIOR INC. ALL DESIGNS AND OTHER INFORMATION ON THE DRAWINGS ARE FOR THE USE ON THE SPECIFIED PROJECT AND SHALL NOT BE USED OTHERWISE WITHOUT EXPRESS WRITTEN PRIMIOR INC. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE RESPONSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE JOB AND THIS OFFICE SHALL BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN ON THE DRAWINGS. SHOP DETAILS SHALL BE SUBMITTED TO THIS OFFICE FOR REVIEW BEFORE PROCEEDING. COPYRIGHTED 16454 ADELANTO ROAD
ADELANTO, CALIFORNIA 92301
DISTRIBUTION FACILITY 05/13/2022
DATE REMARKS North ENLARGED SITE PLAN North North ENLARGED SITE PLAN ENLARGED SITE PLAN 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 10 DOCK HIGH LEVEL DOCK 45 6 LEVEL DOCK LEVEL DOCK 14 DOCK HIGH SITE PLAN NOTES 744
A2.0
FLOOR PLAN CNM SHEET NUMBER: DRAWN BY: DATE:

PROJECT: THESE DRAWINGS ARE INSTRUMENTS OF SERVICE AND ARE THE PROPERTY OF PRIMIOR INC. ALL DESIGNS AND OTHER INFORMATION ON THE DRAWINGS ARE FOR THE USE ON THE SPECIFIED PROJECT AND SHALL NOT BE USED OTHERWISE WITHOUT EXPRESS WRITTEN PRIMIOR INC. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE RESPONSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE JOB AND THIS OFFICE SHALL BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN ON THE DRAWINGS. SHOP DETAILS SHALL BE SUBMITTED TO THIS OFFICE FOR REVIEW BEFORE PROCEEDING. COPYRIGHTED 16454 ADELANTO ROAD
ADELANTO, CALIFORNIA 92301
DISTRIBUTION FACILITY 05/13/2022
DATE REMARKS North North ENLARGED FLOOR PLAN ENLARGED FLOOR PLAN North OVERALL FLOOR PLAN 1 3 2 745
A3.0
EXTERIOR ELEVATIONS CNM SHEET NUMBER: DRAWN BY: DATE:

PROJECT: THESE DRAWINGS ARE INSTRUMENTS OF SERVICE AND ARE THE PROPERTY OF PRIMIOR INC. ALL DESIGNS AND OTHER INFORMATION ON THE DRAWINGS ARE FOR THE USE ON THE SPECIFIED PROJECT AND SHALL NOT BE USED OTHERWISE WITHOUT EXPRESS WRITTEN PRIMIOR INC. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE RESPONSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE JOB AND THIS OFFICE SHALL BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN ON THE DRAWINGS. SHOP DETAILS SHALL BE SUBMITTED TO THIS OFFICE FOR REVIEW BEFORE PROCEEDING. COPYRIGHTED 16454 ADELANTO ROAD
ADELANTO, CALIFORNIA 92301
DISTRIBUTION FACILITY 05/13/2022
DATE REMARKS EXTERIOR BUILDING ELEVATIONS GUARD HOUSE ELEVATIONS EAST ELEVATION - B WEST ELEVATION - C NORTH ELEVATION - A SOUTH ELEVATION - D FENCING ELEVATIONS TRASH ENCLOSURE ELEVATIONS NORTH - A EAST - B SOUTH - C WEST - D NORTH - A EAST - B SOUTH - C WEST - D 12 4 3 EXTERIOR ELEVATION NOTES EXTERIOR FINISH LEGEND 746

ADELANTO ROAD
HWY 395 PROPOSED BUILDING OFFICE PROPOSED SYMBOL BOTANICAL / COMMON NAME SIZE PROPOSED TREES PRELIMINARY PLANTING LEGEND GLEDITSIA TRIACANTHOS F. INERMIS / HONEY LOCUST (THORNLESS) 24" BOX STANDARD ACACIA SMALLII / SWEET ACACIA 24" BOX STANDARD WASHINGTONIA ROBUSTA / MEXICAN FAN PALM 16' BTH STRAIGHT TRUNK PROSOPSIS CHILENSIS / MESQUITE 24" BOX STANDARD CERCIDIUM X. 'DESERT MUSEUM' / DESERT MUSEUM PALO VERDE 24" BOX STANDARD (THORNLESS) SYMBOL BOTANICAL / COMMON NAME SIZE PROPOSED SHRUBS CISTUS PURPUREUS / ORCHID ROCKROSE 5 GAL / 48" O.C. 1 GAL / 42" O.C. 5 GAL / 36" O.C. 1 GAL / 30" O.C. AEONIUM ARBOREUM / TREE AEONIUM ALYOGYNE HUEGELII / BLUE HIBISCUS BACCHARIS 'CENTENNIAL' / CENTENNIAL BACCHARIS CAESALPINEA MEXICANA / MEXICAN BIRD OF PARADISE CALLIANDRA ERIOPHYLLA / FAIRY DUSTER CONVOLVULUS CNEORUM / BUSH MORNING GLORY DALEA GREGGII / TRAILING INDIGO BUSH ENCELIA CALIFORNIA / CALIFORNIA ENCELIA HESPERALOE PARVIFLORA / RED/YELLOW YUCCA SALVIA CLEVELANDII / CLEVELAND SAGE SALVIA LEUCANTHA / MEXICAN SAGE AGAVE ATTENUATA / FOXTAIL AGAVE LEUCOPHYLLUM F. 'GREEN CLOUD' / GREEN CLOUD TEXAS RANGER SALVIA GREGII 'FURHMAN'S RED' / FURHMANS RED SAGE BOUGAINVILLEA 'MONKA' / OO-LA-LA BOUGAINVILLEA CALLISTEMON 'LITTLE JOHN' / DWARF BOTTLE BRUSH 1 GAL / 36" O.C. 1 GAL / 42" O.C. 1 GAL / 24" O.C. 1 GAL / 36" O.C. 1 GAL / 42" O.C. 5 GAL / 48" O.C. 1 GAL / 36" O.C. 1 GAL / 30" O.C. 1 GAL / 36" O.C. 1 GAL / 36" O.C. 1 GAL / 36" O.C. 1 GAL / 30" O.C. 1 GAL / 36" O.C. AGAVE AMERICANA / CENTURY PLANT 5 GAL / 36" O.C.

PRELIMINARY LANDSCAPE PLAN L1.1 SCALE: 1"=20'-0" 0 20 40 60 SHEET NUMBER: DRAWN BY: DATE:

PROJECT: THESE DRAWINGS ARE INSTRUMENTS OF SERVICE AND ARE THE PROPERTY OF PRIMIOR INC. ALL DESIGNS AND OTHER INFORMATION ON THE DRAWINGS ARE FOR THE USE ON THE SPECIFIED PROJECT AND SHALL NOT BE USED OTHERWISE WITHOUT EXPRESS WRITTEN PRIMIOR INC. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE RESPONSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE JOB AND THIS OFFICE SHALL BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN ON THE DRAWINGS. SHOP DETAILS SHALL BE SUBMITTED TO THIS OFFICE FOR REVIEW BEFORE PROCEEDING. COPYRIGHTED 16454 ADELANTO ROAD
ADELANTO, CALIFORNIA 92301
DISTRIBUTION FACILITY 05/20/2022

DATE REMARKS
(Date)
(Signature) Lic. #5439 Colleen M. Nolan 05.20.2022 Colleen M. Nolan Landscape Architect, #5439 13355 Silverado Court, Corona 92883 [email protected] 714.743.7915 cell GLEDITSIA TRIACANTHOS F. INERMIS /

HONEY LOCUST (THORNLESS)
ACACIA SMALLII / SWEET ACACIA WASHINGTONIA ROBUSTA / MEXICAN FAN PALM PROSOPSIS CHILENSIS / MESQUITE CERCIDIUM X. 'DESERT MUSEUM' / DESERT MUSEUM PALO VERDE (THORNLESS) 747

FM FM FM

SD SD SD SD SD SD SD SD SD SD SD SD SD SD

SD SD SD SD
SD
SD
SD

RESTROOMS ELECTRICAL ELECTRICAL

SHOWERS RESTROOMS TR SS W
SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS PROPOSED WAREHOUSE FF VARIES 2967.36 - 2965.15 (0.5% SLOPE) PROPOSED OFFICE FF = 2966.25 LOADING DOCK LOADING DOCK PROPOSED WAREHOUSE FF = 2967.36 50'
70'
25' 24' 130' 21' 182' 15.5'
60'
10'

5.75' 5.5'
6' 1 1 1 2 16 15 18 18 18 18 17 17 17 17 20 20 20 22 21 3 3 3 3 3 3 15 9 TYP 9 TYP 9 TYP 9 TYP 5 7 6 6 4 4 9 TYP 8 10 13 17 1717 14 19 24 11 TYP 11 TYP 11 TYP 23 23 23 12 12 12 4 TRENCH DRAIN = 2966.15 EXISTING FIRE HYDRANT EXISTING FIRE HYDRANT HWY 395 2425
ADELANTO ROAD SEWER CONNECTION = 2955.55 SEWER CONNECTION = 2956.68 INV = 2963.86 S=0.01 14.5'

65.2'

RESTROOMS ELECTRICAL ELECTRICAL
SHOWERS RESTROOMS TR 2965 2962 2963 2964 2966 2965 2963 2964 2966 2966 2965 2966 2965 2964 2963 2964 2965 2966 2966
2966 PROPOSED WAREHOUSE FF VARIES 2967.36 - 2965.15 (0.5% SLOPE) PROPOSED OFFICE FF = 2966.25 LOADING DOCK LOADING DOCK PROPOSED WAREHOUSE FF = 2967.36 2967 2967 2964 2964 2964 2964 2963 2963 2964 2966 2966 2966 2965 2967
2966 TRENCH DRAIN = 2966.15
HWY 395
ADELANTO ROAD SHEET NUMBER: DRAWN BY: DATE:

PROJECT: THESE DRAWINGS ARE INSTRUMENTS OF SERVICE AND ARE THE PROPERTY OF DAX CONSULTING, INC. ALL DESIGNS AND OTHER INFORMATION ON THE DRAWINGS ARE FOR THE USE ON THE SPECIFIED PROJECT AND SHALL NOT BE USED OTHERWISE WITHOUT EXPRESS WRITTEN DAX CONSULTING, INC. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE RESPONSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE JOB AND THIS OFFICE SHALL BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN ON THE DRAWINGS. SHOP DETAILS SHALL BE SUBMITTED TO THIS OFFICE FOR REVIEW BEFORE PROCEEDING. COPYRIGHTED 16454 ADELANTO ROAD
ADELANTO, CALIFORNIA 92301
DISTRIBUTION FACILITY 05/31/2022
DATE REMARKS 2 SCALE: CONCEPT UTILITY PLAN 1" = 30' NORTH 0 U.S. SURVEY FEET 15 30 60 SITE PLAN KEYNOTES NEW BUILDING, UNDER SEPARATE PERMIT. NEW GUARD BUILDING, UNDER SEPARATE PERMIT. INSTALL CURB INLET. INSTALL CLASS D TRAFFIC-RATED TRENCH DRAIN. INSTALL CONTECH CDS UNIT. INSTALL DI2424 JENSEN PRE-CAST CATCH BASIN, MODIFIED FOR CLASS D TRAFFIC-RATING. INSTALL LID SYSTEM. CONNECT ROOF DRAIN TO NEARBY STORM DRAIN. INSTALL SOLID PVC FOR AREA DRAINAGE. GATE PER ARCHITECTURAL PLANS. 8.5' X 18' STANDARD PARKING STALL, TYPICAL. ACCESSIBLE PARKING STALL. CONSTRUCT PEDESTRIAN CURB RAMP. CONSTRUCT DRIVE APRON PER LOCAL STANDARDS. CONSTRUCT CONCRETE SIDEWALK (2% MAXIMUM CROSSLOPE). CONSTRUCT CONCRETE SIDEWALK WITH INTEGRAL CURB AND GUTTER. CONSTRUCT 6" CONCRETE CURB. CONSTRUCT HEAVY DUTY PAVING. TRASH ENCLOSURE PER LOCAL STANDARDS. VEGETATED BIO-SWALE. INSTALL DUPLEX SUMP PUMP AND FORCEMAIN. INSTALL PARKWAY DRAIN PER LOCAL STANDARDS. INSTALL NEW FENCE, SEE ARCHITECTURAL AND LANDSCAPE. INSTALL 6" SEWER LATERAL. INSTALL 3" WATER SERVICE AND METER. EXISTING CONTOUR 1168 PROPOSED CONTOUR LEGEND 1 SCALE: CONCEPT GRADING PLAN 1" = 30' NORTH 0 U.S. SURVEY FEET 15 30 60 VICINITY MAP PRELIMINARY GRADING QUANTITIES #1234567891011121314151617181920212223CUT: 1,190 C.Y. FILL: 4,850 C.Y. NET IMPORT: 3,660 C.Y. ESTIMATED REMOVAL & COMPACTION (TOP 6" ACROSS ENTIRE SITE): 2,400 C.Y. (NOT INCLUDED IN NET VALUE ABOVE) ESTIMATED EXCAVATION FOR UNDERGROUND LID SYSTEM: 1,100 C.Y. (NOT INCLUDED IN NET VALUE ABOVE) NOTES: 1. QUANTITIES SHOWN HEREON ARE FOR COST ESTIMATE PURPOSES ONLY AND SHALL NOT BE USED FOR BIDDING OR CONSTRUCTION PURPOSES. CONTRACTOR IS REQUIRED TO VERIFY ALL QUANTITIES PRIOR TO COMMENCEMENT OF WORK. 2. SEE SOILS REPORT FOR ADDITIONAL INFORMATION AND/OR REQUIREMENTS 3. EARTHWORK CALCULATIONS WERE DERIVED FROM UTILIZING AUTOCAD CIVIL 3D 2022. 4. NO BULKING OR SHRINKAGE HAS BEEN TAKEN INTO ACCOUNT ON THIS SHEET. 5. BUILDING FOOTINGS AND UTILITY TRENCHING SPOILS ARE NOT ACCOUNTED FOR IN THE CALCULATION ABOVE. NORTH C1.0MJP CONCEPT GRADING AND UTILITY PLAN 2425
748

ADELANTO PUBLIC UTILITY AUTHORITY
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: December 13, 2023
TO: Honorable Chairman, and Public Utility Authority Members FROM: Jessie Flores, Executive Director
BY: Todd Litfin, General Counsel
SUBJECT: Consideration and Approval of Contract with Lan Wan Enterprise to Enhance Communication Capabilities within APUA’s Facility Infrastructure STAFF RECOMMENDATION:

It is recommended that the Board:

1. Award a contract to LAN WAN Enterprise in an amount not to exceed $ 251,065.70 utilizing CMAS Contract # 3-23-05-1052 and CMAS Contract # 3-22-10-1022; and

2. Authorize the waiver of ongoing monthly maintenance and administration costs by LAN WAN Enterprise for Cost Saving; and

3. Authorize the ongoing 5 Years Term equipment warranty and Subscriptions of $ 3476.79;

4. Authorize and appropriate funds in the amount of $ 251,065.70 to the designated account for the Radio Upgrade Project; and

5. Authorize the City Manager to execute all documents associated with the project.

BACKGROUND:

In an effort to enhance communication capabilities within the city infrastructure, the Adelanto Public Utility Authority (“APUA”) aims to improve and replace point-to-point radios at critical locations, including City Hall, Wastewater Treatment Plant, Well Plant (Turner Road), Well Field (Turner Road), Well 15 (Desert Trails Park Area), 3 Mil Tank Site, and 5 Mil Tank Site. This project is designed to improve throughput between these APUA sites and ensure efficient and reliable communication.

Furthermore, the proposed upgrades will significantly enhance the security of the connections between these sites, incorporating advanced encryption measures to prevent potential cyber-attacks and ensure the integrity of the city's communication network. This proactive approach to cybersecurity aligns with the city's commitment to safeguarding sensitive information and maintaining the confidentiality of critical communications.

The proposed expenditure for this project is an amount not to exceed $ 251,065.70. LAN WAN Enterprise, a certified CMAS contractor by the California Department of General Services ("DGS"), will 749
be awarded the contract through the utilization of CMAS Contract # 3-23-05-1052 and CMAS Contract # 3-22-10-1022.

Monthly ongoing maintenance and administration costs incurred by LAN WAN Enterprise will be waived, providing cost savings to the city.

The proposed project aligns with the Adelanto Public Utility Authority's commitment to ensuring effective communication infrastructure, supporting public safety, and facilitating the efficient operation of essential city services.

Legally, the APUA can entered into this agreement without further competitive bidding by “piggybacking” on a contract awarded by the State. Public Contract Code §§ 10290 et seq. authorize local government agencies to use California Multiple Award Schedule Contracts (“CMAS”) for the acquisition of information technology and non-information technology products and services. Public Contract Code §§ 10298 and 10299 further authorize local government agencies to use CMAS without additional competitive bidding.

Staff recommends the CMAS authorization for the utilization of Information Technology Goods & Services for CMAS Contract # 3-23-05-1052 and CMAS Contract # 3-22-10-1022 to LAN WAN Enterprise for the procurement and installation of the point-to-point radio upgrade project. LAN WAN Enterprise, Inc. ("LAN WAN") has been identified as a certified CMAS contractor by the California Department of General Services ("DGS"). Details of the desired equipment, corresponding CMAS numbers, quantity, and unit prices are provided in Attachment "A." Attachment "B" includes copies of the relevant DGS Multiple Award Schedules and the corresponding CMAS numbers.

The proposed award of the contract to LAN WAN Enterprise for the Radio Upgrade Project aligns with the APUA's goals of improving communication infrastructure, ensuring public safety, and enhancing the efficiency of city operations. Staff recommends Board approval of the contract award and associated expenditures.

FINANCIAL IMPACT
The not to exceed amount for the contract is $251,065.70 which would be paid from APUA funds.

ATTACHMENTS:
1) Contract Services Agreement between APUA and Lan Wan Enterprise. 750
539/026150-0001
20017583.1 a12/08/23

ADELANTO PUBLIC UTILITY AUTHORITY

CONTRACT SERVICES AGREEMENT
Facility Point-to-Point Connectivity
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this 13th day of December, 2023 by and between the ADELANTO PUBLIC UTILITY AUTHORITY, a California joint powers authority, (“City”) and Lan Wan Enterprise, Inc. (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

City sought the performance of the services defined and described particularly in this Agreement. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement through the State of California Multiple Award Schedule (“CMAS”) and CMAS contract numbers 3-23-05-1052 and 3-22-10- 1022, was selected by City to perform those services. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.

SECTION 1. SERVICES.

1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A, “Scope of Services” and incorporated herein by this reference (the “Services”).

Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.2 Term of Services. The term of this Agreement shall begin on December 13, 2023.

Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.3 Standard of Performance.
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, 751
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the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator.
b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its 752
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obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall reject or finally accept Contractor’s work within forty five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.

1.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services.

Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.5 Time. Time is of the essence in the performance of this Agreement. Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator but not shall not exceed one hundred eighty (180) days cumulatively. It is anticipated that the work, other than ongoing actions to be performed, shall be completed by February of 2024.

1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor 753
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shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

1.7 Suspension of Services. The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.

1.8 Familiarity with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.

1.9 Further Responsibilities of the Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless otherwise specified in this Agreement, neither Party shall be responsible for the service of the other.

SECTION 2. COMPENSATION.

2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed Two Hundred Fifty One Thousand and Sixty Five Dollars and 70 cents ($251,065.70) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section 8.4 herein. In the event of a conflict between this 754
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Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail.

City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.

2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the Scope of Services, provided that time estimates are provided for the performance of subtasks, or (iv) such other methods as may be specified in the Scope of Services. In no event shall compensation exceed the amount set forth in Subsection 2.1.

2.3 Invoices. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.

Invoices shall be submitted to:

City of Adelanto
Attn: Accounts Payable
11600 Air Expressway
Adelanto, CA 92301
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2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.

2.5 Retention of Funds, Final Payment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.

2.6 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In 756
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no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on Exhibit A.

2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit A must be approved in advance by the Contract Administrator, in his or her sole discretion. Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.

2.9 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.10 Payment upon Termination. In the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

2.11 No Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 3. FACILITIES AND EQUIPMENT.

3.1 Contractor Provides Facilities and Equipment. Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.

3.2 Utility Relocation. Where applicable, pursuant to California Government Code Section 4215, City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities.

Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

3.3 Trenches or Excavations. Pursuant to California Public Contract Code Sections 6705 and 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required 757
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to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. If the Services involve an estimated expenditure in excess of Twenty-Five Thousand Dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection 8.4 or 8.5 of this Agreement. d. If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.

SECTION 4. INSURANCE AND BOND REQUIREMENTS.

Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation. Contractorshall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover interinsured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do 758
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business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator.

4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Contractor may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees. Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:

I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Contractor Initial: _______

4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the 759
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required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles. b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General Requirements. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)- year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years 760
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after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage.
(iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 Pollution Liability Insurance. Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.

4.5 All Policies Requirements.
a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference:
«Contract_Title». The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Adelanto, 11600 Air Expressway, Adelanto, CA 92301. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor.
b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City 761
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as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers.
d. Deductibles and Self-Insured Retentions. Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 762
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9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).

4.7 Remedies. In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.

5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.
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5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.

5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.

SECTION 6. INDEPENDENT CONTRACTOR.

At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement.

The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.

City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Contractor 764
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acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.

7.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system. (iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one 765
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week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.

Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement.
(vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to 766
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practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.

7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.

7.6 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.

7.7 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.

7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages. 767
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SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.

8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City with cause.

8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Administrator.

8.4 Administrative Change Orders. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Administrator to Contractor, incorporating therein any adjustment in (i) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.

8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other 768
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than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.

8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; c. Retain a different contractor to complete the Services; and/or d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.

Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.

8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Documents and Data. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the 769
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“Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.

Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials.

Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9.3 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 770
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9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

9.5 Confidentiality. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor’s conduct. Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein. Contractor understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
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10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in San Bernardino County.

10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
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10.8 City Contract Administration. This Agreement shall be administered by a City employee, Jessie Flores, City Manager (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.

Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Notices. Any written notice to Contractor shall be sent to:
«Contractor»
Attn: «Contractor_Contact»
«Address»
«City», «State» «Zip_Code»
Any written notice to City shall be sent to the Contract Administrator at:

City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Jessie Flores, City Manager
with a copy to:

City Clerk
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

10.10 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
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10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.13 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.

10.14 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.15 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.16 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

10.17 No Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. 774
539/026150-0001
20017583.1 a12/08/23 -25-
[Signatures on Following Page]
775
539/026150-0001
20017583.1 a12/08/23 -26-
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

ADELANTO PUBLIC UTILITY

AUTHORITY
«City_Signature»
Attest:

Brenda Lopez, Clerk
Approved as to Form:

Todd Litfin, General Counsel

CONTRACTOR
«Contractor_Signature_1»,

«Contractor_Signature_2»

[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
776
539/026150-0001
20017583.1 a12/08/23

EXHIBIT A

EXHIBIT A

SCOPE OF SERVICES
Services shall include Facility Point-to-Point Connectivity services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed Two Hundred Fifty One Thousand and Sixty Five Dollars and 70 cents ($251,065.70) as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement.

Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.
777

PREPARED FOR
City of Adelanto
Jessie Flores
[email protected]

PREPARED BY
LAN WAN Enterprise IT Solutions
Sales Department
[email protected]
City Facilities' New Point-to-Point
Connectivity
QUOTE #001726 V1
778
Main: 949-955-2451
Email: [email protected]
Web: www.lanwane.com
About Our Team
Account Manager
[email protected]
(714) 393-2264
Operation Manager
[email protected]
(949) 526-6118
Solution Architect
[email protected]
(714) 788-9154
Hardware
Description Price Qty Ext. Price
CMAS Contract# 3-23-05-1052 Access Points , Radios and accessories Coaxial Cable Grounding Kits for 1/4" and 3/8" Cable
CMAS Contract# 3-23-05-1052
$28.00 8 $224.00
Gigabit Surge Suppressor (56V), 10/100/1000 BaseT
“NSP” NON SPECIFIC Price
$45.15 26 $1,173.90
Cambium Networks Cable Gland, Long, M25, Qty 5 - Cable Gland - 5 CMAS# 3-23-05-1052
$38.00 1 $38.00
CAM cnWave Precis Mount Brack for V3000
CMAS 3-23-05-1052
$114.75 2 $229.50
Cambium Networks Grounding Cable, 0.6m with M6 RING to M6 Ring - 23.6"Length x 1.6" Width
CMAS# 3-23-05-1052
$4.65 6 $27.90
CAMBIUM NETWORKS POE, 60W, 56V, 10GBE DC INJECTOR,
CMAS # 3-23-05-1052
$43.10 2 $86.20
CAM Alignment Tube for cnWave V3000
CMAS # 3-23-05-1052
$9.50 1 $9.50
Quote #001726 v1 Dec 6, 2023
779
Page: 2 of 12
Main: 949-955-2451
Email: [email protected]
Web: www.lanwane.com
Hardware
Description Price Qty Ext. Price
Cambium Networks Lightning Protection Unit and Grounding Kit (1 kit per ODU)
CMAS # 3-23-05-1052
$407.30 4 $1,629.20
PTP 670 Integrated 23dBi END with AC+DC Enhanced Supply (FCC) CMAS# 3-23-05-1052
$3,398.75 4 $13,595.00
Cambium Networks ePMP 5 GHz Force 4525 SM 4-Pack packaging, priced per radio (FCC) (US Cord)
“NSP” NON SPECIFIC Price
$207.26 4 $829.04
ePMP 6 GHz Force 4625 SM 4-Pack packaging, priced per radio (FCC) (US Cord)
“NSP” NON SPECIFIC Price
$230.38 2 $460.76
PTP 8x0C Radio with act keys 18WGHz,TR1560,ChAll,Hi,19259- 19710MHz
CMAS# 3-23-05-1052
$5,249.25 1 $5,249.25
PTP 8x0C Radio with Act keys 18WGHz,TR1560,ChAll,Lo,17699- 18150MHz
CMAS# 3-23-05-1052
$5,623.88 1 $5,623.88
CAM cnWave 60G V3000 Client,RadioOnly
CMAS# 3-23-05-1052
$739.75 2 $1,479.50
60GHz cnWave V3000 Client Node Antenna Assembly, 44.5 dBi CMAS# 3-23-05-1052
$88.25 2 $176.50
Cambium Networks 60GHz Bridge in a Box 2Gb with US cord “NSP” NON SPECIFIC Price
$1,115.66 2 $2,231.32
CAM PTP850E RADIO,10GB,TX81-86GHZ,HI
CMAS # 3-23-05-1052
$3,745.45 1 $3,745.45
CAM PTP850E RADIO,10GB,TX71-76GHZ,LO
CMAS# 3-23-05-1052
$3,865.45 1 $3,865.45
PTP 850E Act.Key - Capacity 5G with ACM Enabled, Per Tx Chan CMAS# 3-23-05-1052
$745.65 2 $1,491.30
cnMaestro X for cnWave: Advanced management and includes CC Pro for Tier4; 5-year subscription / Tier4 device; Tier4 device include Client Node
CMAS # 3-23-05-1052
$43.45 6 $260.70
Quote #001726 v1 Dec 6, 2023
780
Page: 3 of 12
Main: 949-955-2451
Email: [email protected]
Web: www.lanwane.com
Hardware
Description Price Qty Ext. Price
PTP 820/850 Act.Key - 10GE port
CMAS# 3-23-05-1052
$88.02 2 $176.04
CAT6A Outdoor Cable, 100m
CMAS# 3-23-05-1052
$224.00 3 $672.00
CAM DUALFEEDERCLAMP 4-7MM 6 WAY,QTY 6
“NSP” NON SPECIFIC Price
$9.66 12 $115.92
CAM PTP820 GLANDS X5 KIT
CMAS# 3-23-05-1052
$28.15 4 $112.60
Grounding Cable, 1m with M6 ring to M6 ring
CMAS# 3-23-05-1052
$16.90 4 $67.60
Optical CABLE,SM, 30m
CMAS# 3-23-05-1052
$98.45 6 $590.70
CAM PTP 820 FIBER ADAPTER
CMAS# 3-23-05-1052
$7.28 4 $29.12
Cambium Networks PoE Injector - 24 V DC Output - 90 W
CMAS# 3-23-05-1052
$167.45 4 $669.80
CAM PTP820 GROUNDING KIT,CAT5E,CAT6A
CMAS# 3-23-05-1052
$19.16 20 $383.20
Cambium Networks Network Connector - 10 Pack - RJ-45 Network CMAS# 3-23-05-1052
$9.71 10 $97.10
AC line cord, US Type B, 720mm, C5 connector
CMAS# 3-23-05-1052
$4.31 2 $8.62
CAM AC CORD,C13 CONN. 1.2M,US TYPE B
CMAS# 3-23-05-1052
$4.78 4 $19.12
Cambium Networks Antenna - 18 GHz - Wireless Data Network, Wireless Bridge
CMAS# 3-23-05-1052
$449.85 2 $899.70
Cambium Networks PTP 820C OMT KIT 18GHz
CMAS# 3-23-05-1052
$469.45 2 $938.90
Quote #001726 v1 Dec 6, 2023
781
Page: 4 of 12
Main: 949-955-2451
Email: [email protected]
Web: www.lanwane.com
Hardware
Description Price Qty Ext. Price
PTP 820 RFU-C 18GHz OMT Interface
CMAS# 3-23-05-1052
$105.45 2 $210.90
PTP 820 2' ANT,SP,80GHz, RFU-E TYPE & UG387 - Andrew
CMAS# 3-23-05-1052
$839.75 2 $1,679.50
CAM PTP820 SFP+,1310NM,SM,10GB,INDUS
CMAS# 3-23-05-1052
$142.39 4 $569.56
10G SFP+ SMF LR Transceiver, 1310nm. -40C to 85C
“NSP” NON SPECIFIC Price
$75.67 4 $302.68
328 ft (100 m) Reel Outdoor Copper Clad CAT5E (Recommended for PTP)
“NSP” NON SPECIFIC Price
$473.70 1 $473.70
Coaxial Cable Grounding Kits for 1/4" and 3/8" Cable
“NSP” NON SPECIFIC Price
$20.03 2 $40.06
Cambium Networks Gigabit Ethernet Surge Suppressor - Ethernet “NSP” NON SPECIFIC Price
$45.15 2 $90.30
Cambium Networks Cable Gland, Long, M25, Qty 5 - Cable Gland - 5 “NSP” NON SPECIFIC Price
$36.12 1 $36.12
Cambium Networks Mounting Bracket for Distribution Node, Wireless Access Point
“NSP” NON SPECIFIC Price
$21.54 1 $21.54
Cambium Networks Grounding Cable, 0.6m with M6 RING to M6 Ring - 23.6"Length x 1.6" Width
“NSP” NON SPECIFIC Price
$4.16 1 $4.16
CAMBIUM NETWORKS POE, 60W, 56V, 10GBE DC INJECTOR,
“NSP” NON SPECIFIC Price
$38.77 1 $38.77
LPU and Grounding Kit (1 kit per ODU)
“NSP” NON SPECIFIC Price
$332.86 1 $332.86
5 GHz PMP 450i Integrated Access Point, 90 degree (FCC) CMAS# 3-23-05-1052
$3,578.25 1 $3,578.25
60GHz cnWave V5000 Distribution Node
CMAS# 3-23-05-1052
$1,244.95 1 $1,244.95
Quote #001726 v1 Dec 6, 2023
782
Page: 5 of 12
Main: 949-955-2451
Email: [email protected]
Web: www.lanwane.com
Hardware
Description Price Qty Ext. Price
Cambium Networks PoE, 30.5W, 56V, GbE DC Injector, Indoor, Energy Level 6 Supply, accepts C5 connector
“NSP” NON SPECIFIC Price
$23.93 1 $23.93
Cambium Networks Cat.6a Network Cable - 328.08 ft Category 6a Network Cable for Network Device - First End: Bare Wire - Second End: Bare Wire
CMAS Contract# 3-23-05-1052
$224.00 1 $224.00
Optical CABLE,SM, 30m
CMAS Contract# 3-23-05-1052
$90.74 1 $90.74
Grounding Kit for CAT5E F/UTP 8mm and Cat6A Cable
“NSP” NON SPECIFIC Price
$19.16 1 $19.16
Cambium Networks Network Connector - 10 Pack - RJ-45 Network “NSP” NON SPECIFIC Price
$9.71 1 $9.71
Cambium Networks Standard Power Cord - For Power Injector - 2.36 ft Cord Length - United States
“NSP” NON SPECIFIC Price
$4.31 2 $8.62
10G SFP+ SMF LR Transceiver, 1310nm. -40C to 85C
“NSP” NON SPECIFIC Price
$75.67 2 $151.34
328 ft (100 m) Reel Outdoor Copper Clad CAT5E (Recommended for PTP)
CMAS Contract# 3-23-05-1052
$473.70 1 $473.70
Gigabit Surge Suppressor (56V), 10/100/1000 BaseT
CMAS Contract# 3-23-05-1052
$45.15 8 $361.20
Grounding Cable, 0.6m with M6 ring to M6 ring
“NSP” NON SPECIFIC Price
$4.16 4 $16.64
Quote #001726 v1 Dec 6, 2023
783
Page: 6 of 12
Main: 949-955-2451
Email: [email protected]
Web: www.lanwane.com
Hardware
Description Price Qty Ext. Price
60GHz cnWave V2000 Client Node 30W with US cord
“NSP” NON SPECIFIC Price
$558.45 4 $2,233.80
Cambium Networks Cat.6a Network Cable - 328.08 ft Category 6a Network Cable for Network Device - First End: Bare Wire - Second End: Bare Wire
CMAS# 3-23-05-1052
$223.45 1 $223.45
Grounding Kit for CAT5E F/UTP 8mm and Cat6A Cable
CMAS Contract# 3-23-05-1052
$19.16 8 $153.28
RJ45 Connector for CAT6A Cable, Qty 10
CMAS Contract# 3-23-05-1052
$9.71 4 $38.84
4X8MP, WDR, 360 degree max field of view, Lightcatcher, 3.3-5.7MM, Camera Only
CMAS# 3-22-03-1079
$2,487.45 8 $19,899.60
Managed switch, 5 port, Outdoor IP66, -40°C (-40°F) to 50°C (122°F), Gigabit Ethernet, AC power input. 1x SFP uplink and 4 port RJ45. No power cord. Maximum PoE power allocation: Up to 4 ports of PoE+ each, or 2 ports of 60W PoE each. In 60W PoE mode, com
NSP Non Specific price
$1,252.15 12 $15,025.80
NVR5 STD 64TB 2U Rack Mnt; WS19 NA
CMAS# 3-22-03-1079
$28,268.45 1 $28,268.45
Subtotal: $123,052.38
Services
Description Price Qty Ext. Price
CMAS Contract# 3-22-10-1022
Quote #001726 v1 Dec 6, 2023
784
Page: 7 of 12
Main: 949-955-2451
Email: [email protected]
Web: www.lanwane.com
Services
Description Price Qty Ext. Price
Service - Fixed Fee
Project Overview:

Improve and Replace point-to-point radios at City Hall , Wastewater Treatment Plant, Well Plant (Turner Road), Well Field (Turner Road), Well 15 (Desert Trails Park Area), 3 Mil Tank Site, and 5 Mil Tank Site. To improve the throughput between the city sites .

Project Phases:

Site Assessment:
-Conduct a detailed assessment of the current point-to-point radio infrastructure at City Hall, Wastewater Treatment Plant, Well Plant (Turner Road), Well Field (Turner Road), Well 15 (Desert Trails Park Area), 3 Mil Tank Site, and 5 Mil Tank Site.
-Identify existing equipment, assess signal strength, and evaluate throughput performance.

Radio Replacement and Upgrade:
-Procure and install new point-to-point radio equipment with advanced features to enhance data throughput between the designated city sites. -Ensure compatibility with modern standards and technologies to meet current and future bandwidth requirements.

Frequency Analysis:
-Conduct a frequency analysis to optimize radio frequency allocation for minimal interference and maximum throughput.
-Implement frequency adjustments as necessary to achieve optimal performance.

Equipment Configuration:
-Configure the new point-to-point radios with optimal settings for improved throughput.
-Implement encryption and security measures to safeguard data transmission.

Antenna Upgrade:
-Upgrade the antennas to support higher data rates and improve signal quality.
-Ensure proper alignment for optimal performance.

Site Connectivity Testing:
-Perform rigorous testing to validate the enhanced throughput between all city sites.
-Identify and address any connectivity issues promptly.

Network Monitoring System:
-Implement a network monitoring system to continuously assess the performance of the point-to-point radio links.
-Establish alerts for any anomalies or performance degradation.

Maintenance Plan:

Develop a proactive maintenance plan, including regular inspections, firmware updates, and equipment checks to sustain optimal performance. $115,000.00 1 $115,000.00
Quote #001726 v1 Dec 6, 2023
785
Page: 8 of 12
Main: 949-955-2451
Email: [email protected]
Web: www.lanwane.com
Services
Description Price Qty Ext. Price
Subtotal: $115,000.00
5 Year Subscription
Description Recurring Price Qty Ext. Recurring Ext. Price "cnMaestro X for cnWave: Advanced
management and includes CC Pro for
Tier5; 5-year subscription / Tier5 device;
Tier5 device include Distribution Node "
“NSP” NON SPECIFIC Price
$117.70 $117.70 1 $117.70 $117.70
"cnMaestro X for cnWave: Advanced
management and includes CC Pro for
Tier4; 5-year subscription / Tier4 device;
Tier4 device include Client Node "
“NSP” NON SPECIFIC Price
$50.44 $50.44 4 $201.76 $201.76
cnWave 60 GHz V2000 Extended
Warranty, 2 Additional Years
“NSP” NON SPECIFIC Price
$25.30 $25.30 4 $101.20 $101.20
cnWave 60 GHz V3000 Extended
Warranty, 2 Additional Years
“NSP” NON SPECIFIC Price
$25.30 $25.30 2 $50.60 $50.60
ePMP 6 GHz Force 4625 SM Extended
Warranty, 2 Additional Years
“NSP” NON SPECIFIC Price
$12.65 $12.65 2 $25.30 $25.30
ePMP Force 4525 SM Extended Warranty,
2 Additional Years
“NSP” NON SPECIFIC Price
$12.39 $12.39 4 $49.56 $49.56
cnWave 60 GHz V5000 Extended
Warranty, 2 Additional Years
“NSP” NON SPECIFIC Price
$52.97 $52.97 1 $52.97 $52.97
Quote #001726 v1 Dec 6, 2023
786
Page: 9 of 12
Main: 949-955-2451
Email: [email protected]
Web: www.lanwane.com
5 Year Subscription
Description Recurring Price Qty Ext. Recurring Ext. Price PMP450/450i Access Point Extended
Warranty, 2 Additional Years
“NSP” NON SPECIFIC Price
$129.66 $129.66 1 $129.66 $129.66
cnWave 60 GHz V2000 Extended
Warranty, 2 Additional Years
“NSP” NON SPECIFIC Price
$25.30 $25.30 4 $101.20 $101.20
PTP 670 All Risks Advance Replacement, 4
additional years (per END)
“NSP” NON SPECIFIC Price
$265.64 $265.64 4 $1,062.56 $1,062.56
Cambium Networks PTP850C Extended
Warranty, 4 Additional Years
“NSP” NON SPECIFIC Price
$379.49 $379.49 2 $758.98 $758.98
CAM PTP850E EXTENDED WARRANTY,4

ADDL YRS
$412.65 $412.65 2 $825.30 $825.30
3 Year Annual Subtotal: $3,476.79
Subtotal: $3,476.79
Quote #001726 v1 Dec 6, 2023
787
Page: 10 of 12
Main: 949-955-2451
Email: [email protected]
Web: www.lanwane.com
City Facilities' New Point-to-Point Connectivity
Prepared by: Prepared for: Quote Information:

LAN WAN Enterprise IT Solutions City of Adelanto Quote #: 001726 Sales Department
844-526-9263
[email protected]
11600 Air Expressway
Adelanto, CA 92301
Jessie Flores
(760) 246-2300
[email protected]
Version: 1
Delivery Date: 12/06/2023
Expiration Date: 01/02/2024
Quote Summary
Description Amount
Hardware $123,052.38
Services $115,000.00
5 Year Subscription $3,476.79
Subtotal: $241,529.17
Estimated Tax: $9,536.53
Total: $251,065.70
3 Year Annual Expenses Summary
Description Amount
5 Year Subscription $3,476.79
3 Year Annual Total: $3,476.79
Payment Options
Description Payments Interval Amount
Term Options
Adelanto Terms 1 One-Time $251,065.70
Quote #001726 v1 Dec 6, 2023
788
Page: 11 of 12
Main: 949-955-2451
Email: [email protected]
Web: www.lanwane.com
Summary of Selected Payment Options
Description Amount
Term Options: Adelanto Terms
Total of Payments $251,065.70
Initial Payment (Upfront): 65% of the total project cost will be due upfront before the commencement of any work. This initial payment is intended to secure commitment and resources for the project.

Final Payment (Upon Completion): The remaining 35% of the total project cost will be invoiced upon successful completion of the project, as determined by the mutually agreed-upon project milestones and acceptance criteria. - Taxes, shipping, handling and other fees may apply
- Quoted costs and services are only valid for 15 days from the date of the proposal.

LAN WAN Enterprise IT Solutions City of Adelanto
Signature:

Name: Sales Department
Title: Pre\Post Sales Department
Date: 12/06/2023
Signature:

Name: Jessie Flores
Date:

Quote #001726 v1 Dec 6, 2023
789
Page: 12 of 12

CITY COUNCIL AGENDA REPORT
DATE: December 13, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Todd Litfin, City Attorney
SUBJECT: Approval of Legal Services Agreement with Burke, Williams & Sorensen for Cannabis and Related Land Use Issues
STAFF RECOMMENDATION:

Staff recommends that City Council consider and approve the contract for legal services for cannabis and related land use issues with Burke, Williams and Sorensen.

BACKGROUND:

The City allows certain cannabis related uses within the City. In connection therewith, a number of legal issues arise. The City’s former City Attorney, Marc Tran, became very well versed in the City’s local cannabis laws and State requirements pertaining thereto. Mr. Tran is now with the law firm of Burke, Williams & Sorensen. Since Mr. Tran is already experienced and knowledgeable about the City’s cannabis regulations, he will likely be more efficient with answers to legal questions as to they arise than the current City Attorney would be. The proposed hourly rate is $295 per hour for legal work, which is within the range of normal rates for such work.

FISCAL IMPACT:

The fiscal impact will be a result of the number of hours of legal work required by the City on these issues. As noted above, the City is going to have legal issues arise with the cannabis industry and it is likely cheaper and quicker to have Mr. Tran perform the work since he is already familiar with the issues.

ATTACHMENTS:

Retainer Agreement for Legal Services with Burke, Williams & Sorensen 790
444 South Flower Street - Suite 2406
• . Los Argeles; California 90071-2953
voice 213.236.0600 -fax 213.236.2700
BURKE,WILLIAMSBSORENSEN,LLP WWW.bWS18W.001T1
Direct No.: 213.236.2868
Our File No.: F0016-0001
[email protected]
December 6, 2023
Jessie Flores, City Manager
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Re: Retainer Agreement for Legal Services
Dear Mr. Flores,
We are pleased to represent the City of Adelanto ("Client') with respect to the matters described in this Agreement. The following sets forth the terms pursuant to which BURKE, WILLIAMS 8~ SORENSEN, LLP ("Burke") and Client agree that Burke will provide legal services to Client. The hallmark of any productive professional relationship is effective communication, and we would invite you to contact us at any time during or after our representation with regard to any questions you may have associated with our representation or the matters described herein.

1. CONDITIONS. This Agreement will not take effect, and Burke will have no obligation to provide legal services, until Client returns a signed copy of this Agreement. The effective date of this Agreement will be the above date.

2. SCOPE OF SERVICES. Client hires Burke to provide legal services in the matters set forth in Attachment "A" to this Agreement. No representation outside of the matters set forth in Attachment "A" to this Agreement shall be provided by Burke to Client. No representation of any directors, officers, employees, shareholders, or any other persons or entities affiliated with Client shall be provided unless such representation is expressly included in Attachment "A" to this Agreement. Burke will provide those legal services reasonably required to represent Client. Burke will take reasonable steps to keep Client informed of progress and to respond to Client's inquiries. Services in any matter not described above will require a separate written agreement or a written modification to this Agreement.

Los Angeles —Inland Empire — Marin County —Oakland —Orange County —Palm Desert —San Diego —San Francisco —Silicon Valley — Venlura County 791
__~'
BURKE, WILLIAMS 8 SORENSEN, LLF'
Jessie Flores
December 6, 2023

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