Agenda — Chino City Council, July 5, 2023 (part 3 of 4)

Conditions of Approval

Record: PROJ-2021-00008 Planning Commission Date: A u gust 18, 2022 Board of Supervisor’s Date: October 4, 2022

review and approval.

8. Construction Hours: Construction will be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday throug h Saturday in accordance with the County of San Bernardino Development Code standards. No construction activities are permitted outside of these hours or on Sundays and Federal holidays.

9. Cultural Resources: During grading or excavation operations, should any potential paleontological or archaeological artifacts be unearthed or otherwise discovered, the San Bernardino County Museum shall be notified, and the uncovered items shall be preserved and curated, as required. For information, contact the County Museum, Community and Cultural Section, telephone (909) 798-8570.

10. Extension of Time: Extensions of time to the expiration date (listed above or as otherwise extended) may be granted in increments each not to exceed an additional three years beyond the current expiration date. An application to request consideration of an extension of time may be filed with the appropriate fees no less than thirty days before the expiration date. Extensions of time may be grant ed based on a review of the application, which includes a justification of the delay in construction and a plan of action for completion. The granting of such an extension request is a discretionary action that may be subject to additional or revised conditions of approval or site plan modifications. (SBCC §86.06.060)

11. Lighting: Lighting shall comply with Table 83-7 “Shielding Requirements for Outdoor Lighting in the Mountain Region and Desert Region” of the County’s Development Code (i.e., “Dark Sky” requirements). All lighting shall be limited to that necessary for maintenance activities and security purposes. This is to allow minimum obstruction of night sky remote area views. No light shall project onto adjacent roadways in a manner that interferes with on -coming traffic.

All signs proposed by this project shall only be lit by steady, stationary, shielded light directed at the sign, by light inside the sign, by direct stationary neon lighting or in the case of an approved electronic message center sign, a n alternating message no more than once every five seconds.

12. Underground Utilities : No new above -ground power or communication lines shall be extended to the site. All required utilities shall be placed underground in a manner that complies with the Califo rnia Public Utilities Commission General Order 128 and avoids disturbing any existing/natural vegetation or the site appearance.

13. Performance Standards: The approved land uses shall operate in compliance with the general performance standards listed in the County Development Code Chapter 83.01, regarding air quality, electrical disturbance, fire hazards (storage of flammable or other hazardous materials), heat, noise, vibration, and the disposal of liquid waste.

14. Construction Noise: The following measures shall be adhered to during the construction phase of the project: - All construction equipment shall be muffled in accordance with manufacturer’s specifications. - All construction staging shall be performed as far as possible from occupied dwellings. The location of staging areas shall be subject to review and approval by the County prior to the issuance of grading and/or building permits. - All stationary construction equipment shall be placed in a manner so that emitted noise is directed away fr om sensitive receptors ( e.g., residences and schools) nearest the project site.

15. Project Account : The Project account number is PROJ -2020-00066. This is an actual cost project with a deposit account to which hourly charges are assessed by various county ag ency staff (e.g., Land Use Services, Public Works, and County Counsel). Upon notice, the “developer” shall deposit additional funds to maintain or return the account to a positive balance. The “developer” is responsible for all expense charged to this account. Processing of the project shall cease, if it is determined that the account has a negative balance and that an additional deposit has not been made in a timely manner. A minimum balance of $1,000.00 must be in the project account at the time the Condition Compliance Review is initiated. Sufficient funds must remain in the account to cover the charges during each compliance review. All fees required for processing shall be paid in full prior to final inspection, occupancy and

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Conditions of Approval

Record: PROJ-2021-00008 Planning Commission Date: A u gust 18, 2022 Board of Supervisor’s Date: October 4, 2022

operation of the approved use.

16. Continuous Maintenance. The Project property owner shall continually maintain the property so that it is visually attractive and not dangerous to the health, safety and general welfare of both on- site users ( e.g., employees) and surrounding properties. The property owner shall ensure that all facets of the development are regularly inspected, maintained and that any defects are timely repaired. Among the elements to be maintained, include but are not limited to:
a) Annual maintenance and repair: The Home Owners Association shall conduct inspections for any fencing/walls, driveways, and signs to assure proper structural, electrical, and mechanical safety. b) Graffiti and debris: The Home Owners Association shall remove graffiti and debris immediately through weekly maintenance.
c) Landscaping: The Home Owners Association shall maintain landscaping in a continual healthy thriving manner at proper height for required screening. Drought -resistant, fire-retardant vegetation shall be used where practicable. Where landscaped areas are irrigated it shall be done in a manner designed to conserve water, minimizing aerial spraying.
d) Dust control: The Home Owners Association shall maintain dust control measures on any undeveloped ar eas where landscaping has not been provided.
e) Erosion control: The developer shall maintain erosion control measures to reduce water runoff, siltation, and promote slope stability.
f) Signage: The developer shall maintain all on-site signs, including posted area signs (e.g., “No Trespassing”) in a clean readable condition at all times. The developer shall remove all graffiti and repair vandalism on a regular basis. Signs on the site shall be of the size and general location as shown on the approved site plan o r subsequently a County-approved sign plan.
g) Lighting: The Home Owners Association shall maintain any lighting so that they operate properly for safety purposes and do not project onto adjoining properties or roadways. Lighting shall adhere to applicable glare and night light rules.
h) Fire Lanes: The Home Owners Association shall clearly define and maintain in good condition at all times all markings required by the Fire Department, including “No Parking" designations and “Fire Lane” designations. i) Parking and on-site circulation: The developer shall maintain all parking and on-site circulation requirements, including surfaces, all markings and traffic/directional signs in an un -faded condition as identified on the approved site plan. Any modification to park ing and access layout requires the Planning Division review and approval. The markings and signs shall be clearly defined, un-faded and legible; these include parking spaces, disabled space and access path of travel, directional designations and signs, sto p signs, pedestrian crossing, speed humps and “No Parking”, “Carpool”, and “Fire Lane” designations.

17. Expiration: This project permit approval shall expire and become void if it is not “exercised” within three (3) years of the effective date of this approval unless an extension of time is approved. The permit is deemed “exercised” when either: (a.) The permittee has commenced actual construction or alteration under a validly issued building permit, or (b.) The permittee has substantially commenced the approved land use or activity on the project site, for those portions of the project not requiring a building permit. (SBCC §86.06.060) (c.) Occupancy of approved land use, occupancy of completed structures and operation of the approved and exercised land use remains valid continuously for the life of the project and the approval runs with the land, unless one of the following occurs: - Construction permits for all or part of the project are not issued, or the construction permits expire before the structure is completed and the final inspection is approved. - The land use is determined by the County to be abandoned or non- conforming. - The land use is determined by the County to be not operating in compliance with these conditions of approval, the County Code, or other applicable laws, ordinances or regulations. In these cases, the land use may be subject to a revocation hearing and possible termination. PLEASE NOTE: This will be the ONLY notice given of this approval’s expiration date. The developer is responsible to initiate any Extension of Time application.

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Conditions of Approval

Record: PROJ-2021-00008 Planning Commission Date: A u gust 18, 2022 Board of Supervisor’s Date: October 4, 2022

County Fire - Community Safety

18. Fire AHJ: San Bernardino County Fire is not the Authority Having Jurisdiction (AHJ) for this property. Please contact:

Chino Valley Fire District 14011 City Center Drive Chino Hills ,CA 91709 Ph: 909- 902- 5260 Land Use Services - Land Development - Drainage

19. Tributary Drainage: Adequate provisions should be made to intercept and conduct the tributary off -site and on-site drainage flows around and through the site in a manner, which wil l not adversely affect adjacent or downstream properties at the time the site is developed.

20. Erosion Control Installation: Erosion control devices must be installed and maintained at all perimeter openings and slopes throughout the construction of the project. No sediment is to leave the job site.

21. Additional Drainage Requirements: In addition to drainage requirements stated herein, other "on -site" and/or "off- site" improvements may be required which cannot be determined from tentative plans at this tim e and would have to be reviewed after more complete improvement plans and profiles have been submitted to this office.

22. BMP Enforcement : In the event the property owner/“developer” (including any successors or assigns) fails to accomplish the necessary BMP maintenance within five (5) days of being given written notice by County Public Works, then the County shall cause any required maintenance to be done. The entire cost and expense of the required maintenance shall be charged to the property owner and/or “ developer”, including administrative costs, attorney’s fees and interest thereon at the rate authorized by the County Code from the date of the original notice to the date the expense is paid in full.

23. Natural Drainage: The natural drainage courses traversing the site shall not be occupied or obstructed.

24. Continuous BMP Maintenance : The property owner/“developer” is required to provide periodic and continuous maintenance of all Best Management Practices (BMP) devices/facilities listed in the County a pproved Water Quality Management Plan (WQMP) for the project. Refer to approved WQMP maintenance section.

Public Health– Environmental Health Services

25. Refuse Storage and Disposal: All refuse generated at the premises shall at all times be stored in approved containers and shall be placed in a manner so that environmental public health nuisances are minimized. All refuse not containing garbage shall be removed from the premises at least 1 time per week, or as often as necessary to minimize public health nuisances. Refuse containing garbage shall be removed from the premises at least 2 times per week, or as often if necessary to minimize public health nuisances, by a permitted hauler to an approved solid waste facility in conformance with San Bernardino County Code Chapter 8, Section 33.0830 et. seq. For information, please call EHS/LEA at: 1-800-442- 2283.

26. Noise Levels: Noise level shall be maintained at or below County Standards, Development Code Section 83.01.080.

For information, please call EHS at 1-800-442-2283.

Department of Public Works – Surveyors Office

27. Parcel Map: A Parcel Map is required in compliance with the Subdivision Map Act and the San Bernardino County Development Code.

28. Easements: Easements within the reminder portion of the map are to be dedicated by separate document.

29. Non-interference Letter: Subdivider shall present evidence to the County Surveyor's Office that he has tried to obtain a non-interference letter from any utility company that may have rights of easement within the property boundaries.

30. Easement of Record: Easements of record not shown on the tentative map shall be relinquished or relocated. Lots

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Conditions of Approval

Record: PROJ-2021-00008 Planning Commission Date: A u gust 18, 2022 Board of Supervisor’s Date: October 4, 2022

affected by proposed easements or easement of record, which cannot b e relinquished or relocated, shall be redesigned.

31. Parcel Map Review: Review of the Parcel Map by our office is based on actual cost and requires an initial $3000.00 deposit. Prior to recordation of the map all fees due to our office for the project shall be paid in full.

32. Title Report: A current Title Report prepared for subdivision purposes is required at the time the map is submitted to our office for review.

33. Land Survey Monuments: If any activity on this project will disturb any land survey monument ation, including but not limited to vertical control points (benchmarks), said monumentation shall be located and referenced by or under the direction of a licensed land surveyor or registered civil engineer authorized to practice land surveying prior to commencement of any activity with the potential to disturb said monumentation, and a corner record or record of survey of the references shall be filed with the County Surveyor pursuant to Section 8771(b) Business and Professions Code.

34. Record of Survey: Pursuant to Sections 8762(b) and/or 8773 of the Business and Professions Code, a Record of Survey or Corner Record shall be filed under any of the following circumstances:
a. Monuments set to mark property lines or corners;
b. Performance of a field survey to establish property boundary lines for the purposes of construction staking, establishing setback lines, writing legal descriptions, or for boundary establishment/mapping of the subject parcel; c. Any other applicable circumstances pursuant to the Business and Professions Code that would necessitate filing of a Record of Survey.

Prior to Land Disturbance / Recordation
Land Use Services - Building and Safety

35. Geotechnical (Soil) Report Required Before Grading: A geotechnical (soil) report shall be submitted to the Building and Safety Division for review and approval prior to recordation of the parcel map.

36. Demolition Permit Required Before Grading: Obtain a demolition permit for any building/s or structures to be demolished. Underground structures must be broken in, backfilled and inspected before covering.

37. Composite Development Plan (CDP) Note Requirements: The following Composite Development Plan (CDP) Requirements shall be placed on the CDP submitted as a requirement for Recordation of the final map. Wall Plans:

Submit plans and obtain separate permits for any required retaining walls. Geotechnical (Soil) Report: A geotechnical (soil) report shall be submitted to the Building and Safety Division for review and approval prior to issuance of grading and/or building permits. Construction Plans: Any building, sign, or structure to be constructed or located on site, will require professionally prepared plans based on the most current County and California Building Codes, submitted for review and approval by the Building and Safety Division.

Land Use Services - Land Development - Drainage

38. WQMP: A completed Water Quality Management Plan (WQMP) shall be submitted for review and approval obtained. A $2,650 deposit for WQMP review will be collected upon submittal to the Land Development Division.

Deposit amounts are subject to change in accordance with the latest approved fee schedule. The report shall adhere to the current requirements established by the Santa Ana/Mojave Watershed Region. Copies of the WQMP guidance and template can be found at: http://cms.sbcounty.gov/dpw/Land/WQMPTemplatesandForms.aspx)

39. WQMP Inspection Fee: The developer shall provide a $3,600 deposit to Land Development Division for inspection of the approved WQMP. Deposit amounts are subject to change in accordance with the latest approved fee schedule.

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Conditions of Approval

Record: PROJ-2021-00008 Planning Commission Date: A u gust 18, 2022 Board of Supervisor’s Date: October 4, 2022

40. On-site Flows: On-site flows need to be directed to the nearest County maintained road or drainage facilities unless a drainage acceptance letter is secured from the adjacent property owners and provided to Land Development.

41. Drainage Improvements: A Registered Civil Engineer (RCE) shall investigate and design adequate drainage improvements to intercept and conduct the off -site and on-site 100-year drainage flows around and through the site in a safety manner that will not adversely affect adjacent or downstream properties. Submit drainage study for review and obtain approval. A $750 deposit for drainage study review will be collected upon submittal to the Land Development Division. Deposit amounts are subject to change in accordance with the latest approved fee schedule.

42. Road Dedication/Improvements: The developer shall submit for review and obtain approval from the Land Use Services Department the following dedications and plans for the listed required improvements designed by a Registered Civil Engineer (RCE) licensed in the State of California:

Francis Avenue (Secondary Highway – 88 feet):
• Road Dedication. A 35-foot grant of easement is required at the intersection of Francis Avenue and Yorba Avenue • Street Improvements. Design curb and gutter with match up paving 32 feet from centerline. • Sidewalks. Design sidewalks per County Standard 109 Type “C”. Curb Returns and Sidewalk Ramps. Curb r eturns and sidewalk ramps shall be designed per County Standard 110 and Caltrans standard A88A. Adequate easement shall be provided to ensure sidewalk improvements are within Public right-of-way.

Yorba Avenue (Collector – 66 feet):
• Street Improvements. Design curb and gutter with match up paving 22 feet from centerline. •Sidewalks. Design sidewalks per County Standard 109 Type “C”.
• Curb Returns and Sidewalk Ramps . Curb returns and sidewalk ramps shall be designed per County Standard 110 and Caltrans standard A88A. Adequate easement shall be provided to ensure sidewalk improvements are within Public right-of-way. Street A, Street C (Private Road – 60 feet) • Road Dedication. A 60-foot grant of easement is required to provide a full-width right-of-way of 60 feet. • Street Improvements. Design curb and gutter with match up paving 18 feet from centerline. •Sidewalks. Design sidewalks per County Standard 109 Type “C”.
• Curb Returns and Sidewalk Ramps . Curb returns and sidewalk ramps shall be designed per Coun ty Standard 110 and Caltrans standard A88A. Adequate easement shall be provided to ensure sidewalk improvements are within Public right-of-way.
• Driveway Approach. Design driveway approach per County Standard 129B and located per County Standard 130. • Cul-de-sac Design. The proposed cul -de-sac shall be designed to County Standard 120. Street B (Private Road – 60 feet):
• Road Dedication. A 60-foot grant of easement is required to provide a full-width right-of-way of 60 feet. • Street Improvements. Design curb and gutter with match up paving 18 feet from centerline. • Sidewalks. Design sidewalks per County Standard 109 Type “B”. • Curb Returns and Sidewalk Ramps . Curb returns and sidewalk ramps shall be designed per County Standard 110 and Caltrans standard A88A. Adequate easement shall be provided to ensure sidewalk improvements are within Public right-of- way.
• Driveway Approach. Design driveway approach per County Standard 129B and located per County Standard 130.

43. Construction Permits: Prior to installation of road and drainage improvements, a construction permit is required from the County Department of Public Works, Permits/Operations Support Division, Transportation Permits Section (909) 387-1863 as well as other agencies prior to work within their jurisdiction. Submittal shall include a materials report and pavement section design in support of the section shown on the plans. Applicant shall conduct classification counts and compute a Traffic Index (TI) Value in support of the pavement section design.

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Conditions of Approval

Record: PROJ-2021-00008 Planning Commission Date: A u gust 18, 2022 Board of Supervisor’s Date: October 4, 2022

44. Maintenance Bond : Once all required public road, drainage, WQMP, and/or utility improvements have been constructed and approved, then a maintenance bond for a period of one year shall be required to insure satisfactory condition of all improvements. Submit necessary fees, per the latest fee schedule, for new securities.

45. Improvement Securities: Any required public road, drainage, WQMP, and/or utility improvements for subdivisions shall be bonded in accordance with County Development code unless constructed and approved prior to recordation. All necessary fees shall be provided in accordance with the latest fee schedule.

46. CMRS Exclusion: Road improvements required for this development will not be entered into the County Maintained Road System (CMRS).

47. Road Standards and Design: All required street improvements shall comply with latest San Bernardino County Road Planning and Design Standards and the San Bernardino County Standard Plans. Road sections shall be designe d to Valley Road Standards of San Bernardino County and to the policies and requirements of the County Department of Public Works and in accordance with the General Plan, Circulation Element.

48. Project Specific Conditions: All required on-site, and off-site improvements shall be completed by the applicant and inspected/approved by the County Department of Public Works. Completion of road and drainage improvements does not imply acceptance for maintenance by the County.

49. Private Roads/Improvements: Prior to occupancy, construction of private roads and private road related drainage improvements shall be inspected and certified by the engineer. Certification shall be submitted to Land Development by the engineer identifying all supporting engineering criteria.

50. Street Gradients: Road profile grades shall not be less than 0.5% unless the engineer at the time of submittal of the improvement plans provides justification to the satisfaction of the County Department of Public Works confirming the adequacy of the grade.

51. Transitional Improvements: Right-of-way and improvements (including off-site) to transition traffic and drainage flows from proposed to existing sections shall be required as necessary.

52. Street Type Entrance: Street type entrance(s) with curb returns shall be constructed at the entrance(s) to the development.

53. Project Specific Conditions: Structural Section Testing. Prior to occupancy, a thorough evaluation of the structural road section, to include parkway improvements, from a qualified materials engineer shall be submitted to the County Department of Public Works.

Land Use Services - Planning

54. Diesel Regulations: The operator shall comply with all existing and future California Air Resources Board and South Coast Air Quality Management District regulations related to diesel-fueled trucks, which among others may include:
a) meeting more stringent emission standards;
b) retrofitting existing engines with particulate traps; c) use of low sulfur fuel; and
d) use of alternative fuels or equipment. South Coast Air Quality Management District rules for diesel emissions from equipment and trucks are embedded in the compliance for all diesel fueled engines, trucks, and equipment with the statewide California Air Resources Board Diesel Reduction Plan. These measures will be implemented by the California Air Resources Board in phases with new rules imposed on existing a nd new diesel-fueled engines.

55. Air Quality: Although the Project does not exceed South Coast Air Quality Management District thresholds, the Project proponent is required to comply with all applicable rules and regulations as the Project is in non- attainment status for ozone and suspended particulates [PM10 and PM2.5 (State)]. To limit dust production, the Project proponent must comply with Rules 402 nuisance and 403 fugitive dust, which require the implementation of Best

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Conditions of Approval

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Available Control Measures for eac h fugitive dust source. This would include, but not be limited to, the following Best Available Control Measures. Compliance with Rules 402 and 403 are mandatory requirements and thus not considered mitigation measures:
a. The Project proponent shall ensure that any portion of the site to be graded shall be pre-watered prior to the onset of grading activities.

1. The Project proponent shall ensure that watering of the site or other soil stabilization method shall be employed on an on-going basis after the initiation of any grading. Portions of the site that are actively being graded shall be watered to ensure that a crust is formed on the ground surface, and shall be watered at the end of each workday.

2. The Project proponent shall ensure that all disturbed areas are treated to prevent erosion.

3. The Project proponent shall ensure that all grading activities are suspended when winds exceed 25 miles per hour.
b. Exhaust emissions from vehicles and equipment and fugitive dust generated by equipment traveling over exposed surfaces, will increase NOX and PM10 levels in the area. Although the Project will not exceed South Coast Air Quality Management District thresholds during operations, the Project proponent will be required to implement the following requirements:

1. All equipment used for grading and construction must be tuned and maintained to the manufacturer's specification to maximize efficient burning of vehicle fuel.

2. The operator shall maintain and effectively utilize and schedule on-site equipment and on-site and off-site haul trucks in order to minimize exhaust emissions from truck idling.

56. MM CUL-1: Archaeological Resources: Prior to the issuance of the first grading permit, the Applicant shall provide a letter to the County of San Bernardino Planning Division, or designee, from a qualified professional archeologist meeting the Secretary of Interior’s Professional Qualifications for Archaeology as defined at 36 CFR Part 61, Appendix A stating that the archeologist has been retained to provide on -call services in the event archeological resources are discovered. The archeologist shall be present at the pregrading conference to establish procedures for archeological resource surveillance. In the event a previously unrecorded archaeological deposit is encountered during construction, all activity within 50 feet of the area of discovery shall cease and the County shall be immediately notified. The archeologist shall be contacted to flag the area in the field and shall determine, in consultation with the County and the Gabrieleño Band of Mission Indians Kizh -Nation, if the archaeological deposits meet the CEQA definition of historical (State CEQA Guidelines 15064.5(a)) and/or unique archaeological resource (Public Resources Code 21083.2(g)). If the find is considered a “resource” the archaeologist shall pursue either protection in place or recovery, salvage and treatment of the deposits. Recovery, salvage and treatment protocols shall be developed in accordance with applicable provisions of Public Resource Code Section 21083.2 and State CEQA Guidelines 15064.5 and 15126.4 in consultation with the County and the Gabrieleño Band of Mission Indians Kizh-Nation. Per CEQA Guidelines Section 15126.4(b)(3), preservation in place shall be the preferred means to avoid impacts to archaeological resources qualifying as historical resources. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C). If unique archaeological resources cannot be preserved in place or left in an undisturbed state, recovery, salvage and treatment shall be required at the developer/applicant’s expense. All recovered and salvaged resources shall b e prepared to the point of identification and permanent preservation by the archaeologist. Resources shall be identified and curated into an established accredited professional repository. The archaeologist shall have a repository agreement in hand prior t o initiating recovery of the resource. Excavation as a treatment option will be restricted to those parts of the unique archaeological resource that would be damaged or destroyed by the Project.

57. MM BIO -1: Nesting Birds. To the extent possible, construction activities (i.e., demolition, earthwork, clearing, and grubbing) within the Project site and offsite infrastructure areas, shall occur outside of the general bird nesting season for migratory birds, which is March 15 through August 31 for songbirds and J anuary 1 through August 31 for raptors.

If construction activities (i.e., earthwork, clearing, and grubbing) must occur during the general bird nesting season for

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Conditions of Approval

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migratory songbirds (March 15 through August 31) and raptors (January 1 to August 31), a qualified biologist shall perform a pre -construction survey of potential nesting habitat to confirm the absence of active nests belonging to migratory birds and raptors afforded protection under the MBTA and California Fish & Game Code. The pre - construction survey shall be performed no more than three days prior to the commencement of construction activities.

The results of the pre-construction survey shall be documented by the qualified biologist. If construction is inactive for more than seven days, an addit ional survey shall be conducted. If the qualified biologist determines that no active migratory bird or raptor nests occur, the activities shall be allowed to proceed without any further requirements.

If the qualified biologist determines that an active migratory bird or raptor nest is present, no impacts within 300 feet (500 feet for raptors) of the active nest shall occur until the young have fledged the nest and the nest is confirmed to no longer be active, or as determined by the qualified biologist. T he biological monitor may modify the buffer or propose other recommendations in order to minimize disturbance to nesting birds.

58. MM HAZ-1: Prior to issuance of a grading permit, a Site Management Plan (SMP) shall be prepared by a qualified hazardous materials consultant and shall detail procedures and protocols for excavation and disposal of onsite hazardous materials, including:
• A certified hazardous waste hauler shall remove all potentially hazardous soils. Excavation of contaminated soils shall be to the depth of approximately 5 feet below the existing ground surface in areas identified in the Phase I and Phase II Environmental Site Assessment (Tetra Tech 2016). In addition, sampling of soil shall be conducted during excavation in the southern and western portions of the site, in areas identified in the Phase I and Phase II Environmental Site Assessment (Tetra Tech 2016), to ensu re residential Regional Screening Levels are not exceeded. Excavated materials shall be transported per California Hazardous Waste Regulations to a landfill permitted by the state to accept hazardous materials.
• Any subsurface materials exposed during construction activities that appear suspect of contamination, either from visual staining or suspect odors, shall require immediate cessation of excavation activities. Soils suspected of contamination shall be segregated from other soils to be tested for poten tial contamination. If contamination is found to be present per Environmental Screening Levels (ESLs), any further proposed groundbreaking activities within areas of identified or suspected contamination shall be conducted according to California Hazardous Waste Regulations.
• A Health and Safety Plan (HSP) shall be prepared for each contractor that addresses potential safety and health hazards and includes the requirements and procedures for employee protection. The HSP shall also outline proper soil handling procedures and health and safety requirements to minimize worker and public exposure to hazardous materials during construction.
• All SMP measures shall be printed on the construction documents, contracts, and Project plans prior to issuance of grading permits.

59. PPP HYD-1: National Pollutant Discharge Elimination System (NPDES). Projects will be constructed in accordance with the NPD ES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, NPDES No. CAS000002. Compliance requires a risk assessment, a SWPPP, and associated BMPs.

60. PPP HYD-2: Santa Ana RWQCB MS4 Permit. Projects will be con structed and operated in accordance with the Santa Ana RWQCB Municipal Stormwater (MS4) Permit for the part of the Santa Ana Basin in San Bernardino County in 2010 (Order No. R8- 2010-0036). The MS4 Permit requires new development and redevelopment projects to adopt a

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Conditions of Approval

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WQMP to:
• Control contaminants into storm drain systems
• Educate the public about stormwater impacts
• Detect and eliminate illicit discharges
• Control runoff from construction sites
• Implement BMPs and site-specific runoff controls and treatments

61. Mitigation Measure TCR-1: Prior to commencement of any excavation activities, or the issuance of a grading permit and/or action that would permit site disturbance (whichever occurs first), the Project developer/applicant shall provide a letter to the County of San Bernardino Planning Division, or designee, and retain a Native American Monitor from the Gabrieleño Band of Mission Indians Kizh-Nation to:
• Provide on-call services to address unanticipated prehistoric or tribal resources. The Native American Monitor shall be present at the pre-grading conference to establish procedures for tribal cultural resource surveillance. • Conduct a Native American Indian Sensitivity Training for construction personnel. The training session shall include a handout and focus o n how to identify Native American resources encountered during earthmoving activities and the procedures followed if resources are discovered, the duties of the Native American Monitor of Gabrieleño Ancestry, and the general steps the Monitor would follow in conducting a salvage investigation. • Monitor all Project -related, ground-disturbing construction activities (e.g., pavement removal, auguring, boring, grading, excavation, potholing, trenching, and grubbing) of previously undisturbed native soils. The Native American Monitor(s) shall be present on -site during the construction phases that involve ground disturbing previously undisturbed native soils and shall complete monitoring logs on a daily basis. The logs shall provide descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. The monitor(s) shall possess Hazardous Waste Operations and Emergency Response (HAZWOPER) certification. The on-site monitoring shall end when the Project site grading and excavation activities of previously undisturbed native soils are completed, or when the Tribal Representatives and monitor have indicated that the site has a low potential for tribal cultural resources. (**HAZWOPER certification is needed only if the site has hazardous concerns related to Mitigation Measure HAZ-1). • Consult on unanticipated discovery of human remains and associated funerary objects: o Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. If funerary objects are discovered during grading or archeological excavations, the y shall be treated in the same manner as bone fragments that remain intact and the construction contractor and/or qualified archeologist shall consult with the Gabrieleno Band of Mission Indians – Kizh Nation (Tribe). o As specified by California Health and Safety Code Section 7050.5, if human remains are found on the Project site during construction or during archaeological work, the County Coroner’s office shall be immediately notified and no further excavation or disturbance of the discovery or any nearby area reasonably suspected to overlie adjacent remains shall occur until the Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code 5097.98 The Coroner would determine within two working days of being notifie d, if the remains are subject to his or her authority. If the Coroner recognizes the remains to be Native American, he or she shall contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC would make a determination as to the Most Likely Descendent. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains shall be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard shall be posted outside of working hours. If the remains are Native American, the Tribe shall make every effort to recommend diverting the Project and keeping the remains in situ and protected. If the Project cannot be diverted, it may be determined that burials shall be removed

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and the Project applicant/developer shall arrange a designated site location within the footprint of the project for the respectful reburial of th e human remains and/or ceremonial objects, if possible. The Tribe shall work closely with the qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the Tribe, documentation s hall be taken which includes at a minimum detailed descriptive notes and sketches. Additional types of documentation shall be approved by the Tribe for data recovery purposes. Cremations shall either be removed in bulk or by means as necessary to ensure completely recovery of all material. If the discovery of human remains includes 4 or more burials, the location is considered a cemetery and a separate treatment plan shall be created. The Project applicant/developer shall consult with the Tribe regarding av oidance of all cemetery sites. Once complete, a final report of all activities shall be submitted to the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive diagnostics on human remains. o Each occurrence of human rema ins and associated funerary objects shall be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony shall be removed to a secure container on site if possible. These items shall be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the Project site but at a location mitigated between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered.

62. MM TCR-1: Retain a Native American Monitor Prior to Commencement of Ground Disturbance:

A. The Project Applicant/Developer shall retain a Native American monitor from (or approved by) the San Manuel Band of Mission Indians and the Gabrieleno Band of Mission Indians-Kizh Nation (“Tribes”). The monitor shall be retained prior to the commencement of any “ground -disturbing activity” for the subject Project, at all Project locations (i.e., both on-site and any off-site locations that are included in the Project description/definition and/or required in connection with the Project, such as public improvement work). “Ground -disturbing activity” includes, but is not limited to, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. Monitors from the San Manuel Band of Mission Indians and the Gabrieleno Band of Mission Indians-Kizh Nation shall provide Native America monitoring services on a rotating basis.

B. The Project Applicant/Developer shall provide documentation of its retention of a Native American monitor, as provided in Mitigation Measure TCR -1, to the County Planning Department (?) prior to the earlier of the commencement of any ground -disturbing activity for the project, or t he issuance of any permit necessary to commence a ground-disturbing activity.

C. The Project Applicant/Developer shall provide the Tribe with a minimum of 15 days advance written notice of the commencement of any project ground -disturbing activity so that th e Tribe has sufficient time to secure and schedule a monitor for the project.

D. The Project Applicant/Developer shall hold at least one pre-construction sensitivity/educational meeting prior to the commencement of any ground-disturbing activities, where at a senior member of the Tribe(s) will inform and educate the Project’s construction and managerial crew and staff members (including any Project subcontractors and consultants) about the TCR mitigation measures and compliance obligations, as well as places of significance located on the Project site (if any), the appearance of potential TCRs, and other informational and operational guidance to aid in the Project’s compliance with the TCR mitigation measures. The Native American Tribe(s) shall be notified of and allowed to attend the pre-grading meeting with the County and Project construction contractors and/or monitor all Project mass grading and trenching activities. In the event that suspected tribal cultural resources are unearthed, the Native American Tribe(s) shall have the authority to redirect earth moving activities in the affected area.

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related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project applicant/Lead Agency upon written request.

F. Native American monitoring for the Project shall conclude upon the latter of the following: (1) written confirmation from a designated Project point of contact to the Tribe representatives that all ground-disturbing activities and all phases that may involve ground -disturbing activities on the project site and at any off -site Project location are complete; or (2) written notice by the Tribe to the Project Applicant/Developer and the County Planning Department that no future, planned construction activity and/or development/construction phase (known by the Tribe at that time) at the Project site and at any off-site project location possesses the potential to impact TCRs.

G. Any and all archaeological or cultural documents created as a part of the Project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the Project Applicant/Developer and the County Planning Department for dissemination to the San Manuel Band of Mission Indians and the Gabrieleno Band of Mission Indians-Kizh Nation. The County Planning Department and/or Project Applicant/Developer shall, in good faith, consult with both Tribes until all ground disturbing activities of the Project are completed.

Public Health– Environmental Health Services

63. Vector Control Requirement: The project area has a high probability of containing vectors. EHS Vector Control Section will determine the need for vector survey and any required control programs. A vector clearance letter shall be submitted to EHS/Land Use. For information, contact Vector Control at (800) 442-2283.

Department of Public Works – Surveyors Office

64. Tentative and Final Map. A Tentative and Final Map is required in compliance with the Subdivision Map Act and the San Bernardino County Development Code.

65. Non-interference Letter. Subdivider shall present evidence to the County Surveyor's Office that he has tried to obtain a non-interference letter from any utility company that may have rights of easement within the property boundaries.

66. Easement. Easements of record not shown on the tentative map shall be relinquished or relocated. Lots affected by proposed easements or easement of record, which cannot be relinquished or relocated, shall be redesigned.

67. Fees. Review of the Final Map by our office is based on actual cost, and requires an initial $8,000.00 deposit. Prior to recordation of the map all fees due to our office for the project shall be paid in full.

68. Title Report. A current Title Report prepared for subdivision purposes is required at the time the map is submitted to our office for review.

69. Final Monumentation. Final Monumentation, not set prior to recordation, shall be bonded for with a cash deposit to the County Surveyor’s Office as established per the current County Fee Ordinance on file with the Clerk of the Board.

Prior to Issuance of Building Permit
Land Use Services - Building and Safety

70. Temporary Use Permit: “Temporary Use Permit: A Temporary Structures (TS) permit for non-residential structures for use as office, retail, meeting, assembly, wholesale, manufacturing, and/ or storage space will be required. A Temporary Use Permit (PTUP) for the proposed structure by the Planning Division must be approved prior to the TS Permit approval. A TS permit is renewed annually and is only valid for a maximum of five (5) years.”

71. Construction Plans: Any building, sign, or structure to be added to, altered (including change of occupancy/use), constructed, or located on site, will require professionally prepared plans based on the most current adopted County and California Building Codes, submitted for review and approval by the Building and Safety Division.

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72. Slope Easements: Slope rights shall be dedicated where necessary.

73. Soils Testing : Any grading within the road right -of-way prior to the signing of the improvement plans shall be accomplished under the direction of a soils testing engineer. Compaction tests of embankment construction, trench back fill, and all sub -grades shall be performed at no cost to the County and a written report shall be submitted to the Permits/Operations Support Division, Transportation Permits Section of the County Department of Public Works prior to any placement of base materials and/or paving.

74. Encroachment Permits: Prior to installation of driveways, sidewalks, etc., an encroachment permit is required from the County Department of Public Works, Permits/Operations Support Division, Transportation Permits Section (909) 387- 1863 as well as other agencies prior to work within their jurisdiction.

Land Use Services - Land Development - Roads

75. Encroachment Permits: Prior to installation of driveways, sidewalks, etc., an encroachment permit is required from the County Department of Public Works, Permits/Operations Support Division, Transportation Permits Section (909) 387- 1863 as well as other agencies prior to work within their jurisdiction.

76. Construction Permits: Prior to installation of road and drainage improvements, a construction permit is required from the County Department of Public Works, Permits/Operations Support Division, Transportation Permits Section (909) 387-1863 as well as other agencies prior to work within their jurisdiction. Submittal shall include a materials report and pavement section design in support of the section shown on the plans. Applicant shall conduct classification counts and compute a Traffic Index (TI) Value in support of the pavement section design.

77. Regional Transportation Fee: This project falls within the Regional Transportation Development Mitigation Fee Plan Area for the Chino Subarea. The Regional Transportation Development Mitigation Plan Fee (Plan Fee) shall be paid by a cashier’s check to the Land Use Services Department. The Plan Fee shall be computed in accordance with the Plan Fee Schedule in effect as of the date that the building plans are submitted and the building permit is applied for. The Plan Fee is subject to change periodically. Currently, the fee is $7,022.00 per unit for Single Family Use, which includes the 45 units per the site plan dated 07/13/2021. Therefore, the estimated Regional Transportation Fees for the Project is $315,990.00.

The current Regional Transportation Development Mitigation Plan can be found at the following we bsite:
http://cms.sbcounty.gov/dpw/Transportation/TransportationPlanning.aspx

Land Use Services - Planning

78. Lighting Plans . The developer shall submit for review and approval to County Planning a photometric study demonstrating that the project light does not spill onto the adjacent properties, or public streets. Lighting fixtures shall be oriented and focused to the onsite lo cation intended for illumination (e.g. walkways). Lighting shall be shielded away from adjacent sensitive uses, including the adjacent residential development, to minimize light spillover. The glare from any luminous source, including on- site lighting, sh all not exceed 0.5 foot -candle at the property line. This shall be done to the satisfaction of County Planning, in coordination with County Building and Safety.

79. Exterior Lighting Features . External structures or lighting shall be allowed only where the lighting is activated and controlled by motion sensors.

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80. Streetlights. The project site is located within an urbanized area and streetlights are required. Street Lighting plans and plan check fees must be submitted to Special Districts Department for review and approval. Please submit plans to Special Districts Department, 157 W. 5th Street, 2nd Floor, San Bernardino, CA 92415 -0450, (909) 387-5940.

81. Power Lines. As required in County Development Code Section 84.27.050(k), the applicant shall not extend any new aboveground power or communication lines to the site, unless clear and convincing evidence demonstrates that undergrounding these lines would result in substantial environmental impacts. Prior to installation of power line whether undergrou nd or overhead, submittal of verification to the County Planning Division is required prior to issuance of building permits.

82. Landscape and Irrigation Plan. Landscape and Irrigation Plans shall be prepared in conformance with Chapter 83.10, Landscaping Standards, of the County Development Code. The developer shall submit four copies of a landscape and irrigation plan to County Planning.

83. Windows. All proposed windows shall provide a minimum 4 -inch relief from the exterior of the wall, and match the color and style of the proposed dwelling, as shown on the submitted plans. No white vinyl windows shall be allowed, unless it matches the base color of the building. Also, all windows facing a street shall be sound proof to reduce the noise from vehicles and pedestrians traveling on the street.

84. GHG – Operational Standards. The developer shall implement the following as greenhouse gas (GHG) mitigation during the operation of the approved project:

a) Waste Stream Reduction. The “developer” shall provide to all tenants and project employees County-approved informational materials about methods and need to reduce the solid waste stream and listing available recycling services.
b) Vehicle Trip Reduction. The “developer” shall provide to all tenants and project employees County -approved informational materials about the need to reduce vehicle trips and the program elements this project is implementing. Such elements may include: participation in established ride -sharing programs, creating a new ride-share employee vanpool, designating preferred parking spaces for ride sharing vehicles, designating adequate passenger loading and unloading for ride sharing vehicles with benches in waiting areas, and/or providing a web site or message board for coordinating rides. c) Provide Educational Materials . The developer shall provide to all tenants and staff education materials and other publicity about reducing waste and available recycling services. The education and publicity materials/program shall be submitted to County Planning for review and approval. The developer shall also provide to all tenants and require that the tenants shall display in their stores current transit route information for the project area in a visible and convenient location for employees and customers. The specific transit routes displayed shall include Omni Trans Route 8, San Bernardino-Mentone-Yucaipa. d) Landscape Equipment. The developer shall require in the landscape maintenance contract and/or in onsite procedures that a minimum of 20% of the landscape maintenance equipment shall be electric -powered.

85. GHG – Construction Standards. The “developer” shall submit for review and obtain approval from County Planning of a signed letter agreeing to include as a condition of all construction contracts/subcontracts requirements to reduce GHG emissions and submitting documentation of compliance. The developer/construction contractors shall do the following:
a) Implement the approved Coating Restriction Plans.

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b) Select construction equipment based on low GHG emissions factors and high -energy efficiency . All diesel/gasoline-powered construction equipment shall be replaced, where possible, with equivalent electric or CNG equipment.
c) Grading contractor shall provide the implement the following when possible:

1. Training operators to use equipment more efficiently.

2. Identifying the proper size equipment for a task can also provide fuel savings and associated reductions in GHG emissions

3. Replacing older, less fuel-efficient equipment with newer models

4. Use GPS for grading to maximize efficiency
d) Grading plans shall include the following statements:
• “All construction equipment engines shall be properly tuned and maintained in accordance with the manufacturers specifications prior to arriving on site and throughout construction duration.” • “All construction equipment (including electric generators) shall be shut off by work crews when not in use and shall not idle for more than 5 minutes.”
e) Schedule construction traffic ingress/egress to not interfere with peak -hour traffic and to minimize traffic obstructions. Queuing of trucks on and off site shall be firmly discouraged and not scheduled. A flag person shall be retained to maintain efficient traffic flow and safety adjacent to existing roadways. f) Recycle and reuse construction and demolition waste ( e.g., soil, vegetat ion, concrete, lumber, metal, and cardboard) per County Solid Waste procedures.
g) The construction contractor shall support and encourage ridesharing and transit incentives for the construction crew and educate all construction workers about the required w aste reduction and the availability of recycling services.

86. GHG – Design Standards. The developer shall submit for review and obtain approval from County Planning that the following measures have been incorporated into the design of the project. These are intended to reduce potential project greenhouse gas (GHGs) emissions. Proper installation of the approved design features and equipment shall be confirmed by County Building and Safety prior to final inspection of each structure. a. Meet Title 24 Energy Efficiency requirements implemented July 1, 2014. The Developer shall document that the design of the proposed structures meets the current Title 24 energy -efficiency requirements. County Planning shall coordinate this review with the County Building and Safety. Any combination of the following design features may be used to fulfill this requirement, provided that the total increase in efficiency meets or exceeds the cumulative goal (100%+ of Title 24) for the entire project (Title 24, Part 6 of the California Code of Regulations; Energy Efficiency Standards for Residential and Non-Residential Buildings, as amended January 24, 2013; Cool Roof Coatings performance standards as amended January 24, 2013):
• Incorporate dual paned or other energy efficient windows, • Incorporate energy efficient space heating and cooling equipment, • Incorporate energy efficient light fixtures, photocells, and motion detectors, • Incorporate energy efficient appliances,
• Incorporate energy efficient domestic hot water systems, • Incorporate solar panels into the electrical system,
• Incorporate cool roofs/light colored roofing,
• Incorporate other measures that will increase energy efficiency. • Increase insulation to reduce heat transfer and thermal bridging. • Limit air leakage throughout the structure and within the heating and cooling distribution system to minimize energy consumption.

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b. Plumbing. All plumbing shall incorporate the following:
• All showerheads, lavatory faucets, and sink faucets shall comply with the California Energy Conservation flow rate standards.
• Low flush toilets shall be installed where applicable as specified in California State Health and Safety Code Section 17921.3.
• All hot water piping and storage tanks shall be insulated. Energy efficient boilers shall be used. c. Lighting. Lighting design for building interiors shall support the use of:
• Compact fluorescent light bulbs or equivalently efficient lighting. • Natural day lighting through site orientation and the use of reflected light. • Skylight/roof window systems.
• Light colored building materials and finishes shall be used to reflect natural and artificial light with greater efficiency and less glare.
• A multi-zone programmable dimming system shall be used to control lighting to maximize the energy efficiency of lighting requirements at various times of the day. • Provide a minimum of 2.5 percent of the project’s electricity needs by on-site solar panels. d. Building Design. Building design and construction shall incorporate the following elements:
• Orient building locations to best utilize natural cooling/heating with respect to the sun and prevailing winds/natural convection to take advantage of shade, day lighting and natural cooling opportunities. • Utilize natural, low maintenance building materials that do not require finishes and regular maintenance. • Roofing materials shall have a solar reflectance index of 78 or greater. • All supply ductwork shall be sealed and leak -tested. Oval or round ducts shall be used for at least 75 percent of the supply ductwork, excluding risers.
• Energy Star or equivalent appliances shall be installed. • A building automation system including outdoor temperature/humidity sensors will control public area heating, vent, and air conditioning units
e. Landscaping. The developer shall submit for review and obtain approval from County Planning of landscape and irrigation plans that are designed to include drought tolerant and smog tolerant trees, shrubs, and groundcover to ensure the long -term viability and to cons erve water and energy. The landscape plans shall include shade trees around main buildings, particularly along southern and western elevations, where practical. f. Irrigation. The developer shall submit irrigation plans that are designed, so that all commo n area irrigation areas shall be capable of being operated by a computerized irrigation system, which includes either an on- site weather station, ET gauge or ET-based controller capable of reading current weather data and making automatic adjustments to independent run times for each irrigation valve based on changes in temperature, solar radiation, relative humidity, rain and wind. In addition, the computerized irrigation system shall be equipped with flow sensing capabilities, thus automatically shutting down the irrigation system in the event of a mainline break or broken head. These features will assist in conserving water, eliminating the potential of slope failure due to mainline breaks and eliminating over-watering and flooding due to pipe and/or head breaks. g. Recycling. Exterior storage areas for recyclables and green waste shall be provided. Where recycling pickup is available, adequate recycling containers shall be located in public areas. Construction and operation waste shall be collected for reuse and recycling.
h. Transportation Demand Management (TDM) Program. The project shall include adequate bicycle parking near building entrances to promote cyclist safety, security, and convenience. Preferred carpool/vanpool spaces shall be provided and, if available, mass transit facilities shall be provided (e.g. bus stop bench/shelter). The developer shall demonstrate that the TDM program has been instituted for the project or that the buildings will join an existing program located within a quarter mile radius from the project site that provides a cumulative 20%

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reduction in unmitigated employee commute trips. The TDM Program shall publish ride -sharing information for ride-sharing vehicles and provide a website or message board for coordinating rides. The Program shall ensure that appropriate bus route information is placed in each building.

87. GHG – Installation/Implementation Standards . The developer shall submit for review and obtain approval from County Planning of evidence that all applicable GHG p erformance standards have been installed, implemented properly and that specified performance objectives are being met to the satisfaction of County Planning and County Building and Safety. These installations/ procedures include the following:
a. Design features and/or equipment that cumulatively increases the overall compliance of the project to exceed Title 24 minimum standards by five percent.
b. All interior building lighting shall support the use of fluorescent light bulbs or equivalent energy -efficient lighting.
c. Installation of both the identified mandatory and optional design features or equipment that have been constructed and incorporated into the facility/structure.

88. MM GEO-1: Paleontological Resources. Prior to the issuance of the first gr ading permit, the Applicant shall provide a letter to the County of San Bernardino Planning Division, or designee, from a paleontologist selected from the roll of qualified paleontologists maintained by the County, stating that the paleontologist has been retained to provide services for the Project. The paleontologist shall develop a Paleontological Resources Impact Mitigation Plan (PRIMP) to mitigate the potential impacts to unknown buried paleontological resources that may exist onsite for the review and approval by the County. The PRIMP shall require that the paleontologist be present at the pre- grading conference to establish procedures for paleontological resource surveillance. The PRIMP shall also require periodic paleontological spot checks if excavation reaches or exceeds depths of five feet in areas mapped as Quaternary alluvium.

In the event paleontological resources are encountered, ground -disturbing activity within 50 feet of the area of the discovery shall cease. The paleontologist shall examin e the materials encountered, assess the nature and extent of the find, and recommend a course of action to further investigate and protect or recover and salvage those resources that have been encountered.

Criteria for discard of specific fossil specimens will be made explicit. If a qualified paleontologist determines that impacts to a sample containing significant paleontological resources cannot be avoided by Project planning, then recovery may be applied. Actions may include recovering a sample of the fossiliferous material prior to construction, monitoring work and halting construction if an important fossil needs to be recovered, and/or cleaning, identifying, and cataloging specimens for curation and research purposes. Recovery, salvage, and t reatment shall be done at the Applicant’s expense. All recovered and salvaged resources shall be prepared to the point of identification and permanent preservation by the paleontologist. Resources shall be identified and curated into an established accredited professional repository. The paleontologist shall have a repository agreement in hand prior to initiating recovery of the resource.

Public Health– Environmental Health Services

89. Water Service Verification Letter: Applicant shall procure a verification letter from the water service provider. This letter shall state whether or not water connection and service shall be made available to the project by the water provider.

This letter shall reference the File Index Number and Assessor's Parcel Number(s). For projects with current active water connections, a copy of water bill with project address may suffice. For information, contact the Water Section at 1-800- 442-2283.

90. Sewage Disposal: Method of sewage disposal shall be Monte Vista Water District , if the District can legally provide the

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sewage disposal services. If not, sewage disposal shall be provided by the City of Chino .

91. Sewer Service Verification Letter: Applicant shall procure a verification letter from the sewer service provider identified.

This letter shall state whether or not sewer connection and service shall be made available to the project by the sewer provider. The letter shall reference the Assessor’s Parcel Number(s).

92. Water and Sewer Service Verification: Water and/or Sewer Service Provider Verification. Please provide verification that the parcel(s) associated with the project is/are within the jurisdiction of the water and/or sewer service provider. If the parcel(s) associated with the project is/are not within the boundaries of the water and/or sewer service provider, submit to DEHS verification of Local Agency Formation Commission (LAFCO) approval of either: (1) Annexation of parcels into the jurisdiction of the water and/or sewer service provider; or (2) Out-of- agency service agreement for service outside a water and/or sewer service provider’s boundaries. Such agreement/contract is required to be reviewed and authorized by LAFCO pursuant to the provisions of Government Code Section 56133. Submit verification of LAFCO authorization of said Out-of-Agency service agreement to DEHS.

93. Water Purveyor: Water purveyor shall be Monte Vista Water District or EHS approved.

94. Water Service Verification Letter: Applicant shall procure a verification letter from the water service provider. This letter shall state whether or not water connection and service shall be made available to the project by the water provider.

This letter shall reference the File Index Number and Assessor’s Parcel Number(s). For projects with current active water connections, a copy of water bill with project address may suffice. For information, contact the Water Section at 1-800- 442-2283.

95. Preliminary Acoustical Information: Submit preliminary acoustical information demonstrating that the proposed project maintains noise levels at or below San Bernardino County Noise Standard(s), San Bernardino Development Code Section

83.01.080. The purpose is to evaluate potential future on-site and/or adjacent off-site noise sources. If the preliminary information cannot demonstrate compliance to noise standards, a project specific acoustical analysis shall be required.

Submit information/analysis to the DEHS for review and approval. For information and acoustical checklist, contact DEHS at 1-800-442-2283.

Prior to Final Inspection
Prior to Occupancy
Land Use Services - Land Development - Drainage

96. WQMP Improvements: All required WQMP improvements shall be completed by the applicant and inspected/approved by the County Department of Public Works. An electronic file of the approved final WQMP shall be submitted to Land Development Division, Drainage Section.

97. Drainage Improvements : All required drainage improvements shall be completed by the applicant. The private Registered Civil Engineer (RCE) shall inspect improvements outside the County right-of-way and certify that these improvements have been completed according to the approved plans. Certification letter shall be submitted to Land Development.

98. LDD Requirements: Condition of Road Improvements. At the time of occupancy for all structures, the condition of all required on-site and off-site improvements shall be acceptable to the County Department of Public Works.

99. Structural Section Testing: Prior to occupancy, a thorough evaluation of the structural road section, to include parkway improvements, from a qualified materials engineer shall be submitted to the County Department of Public Works. 100. Private Roads/Improvements: Prior to occupancy, all required on -site, and off-site improvements shall be completed by the applicant. Construction of private roads and private road related drainage improvements shall be inspected and certified by the engineer. Certification shall be submitted to Land Development by the engineer identifying all supporting engineering criteria.

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101. Road Improvements : All required on -site, and off -site improvements shall be completed by the applicant and inspected/approved by the County Department of Public Works. Completion of road and drainage improvements does not imply acceptance for maintenance by the County.
102. LDD Requirements: CMRS Exclusion. Roads within this development will not be entered into the County Maintained Road System (CMRS).
103. LDD Requirements: Landscape Maintenance. Trees, irrigation systems, and landscaping required to be installed on public right-of-way shall be approved by the County Department of Public Works/current Planning and maintained by the adjacent property owner or other County-approved entity.

Land Use Services - Planning
104. Shield Lights: Any lights used to illuminate the site shall include appropriate fixture lamp types as listed in SBCC Table 83-7 and be hooded and designed so as to reflect away from adjoining properties and public thoroughfares and in compliance with SBCC Chapter 83.07, “Glare and Outdoor Lighting" (i.e., “Dark Sky Ordinance). 105. Rooftop Equipment: No roof top mechanical equipment or air conditioning units are allowed.

106. Landscaping/Irrigation: All landscaping, dust control measures, all fences, etc. as delineated on the approved Landscape Plan shall be installed. The developer shall submit the Landscape Certificate of Completion verification as required in SBCC Section 83.10.100. Supplemental verification should include photographs of the site and installed landscaping.

107. Installation of Improvements: All required on-site improvements shall be installed per approved plans.

108. Fees Paid: Prior to final inspection by Building and Safety Division and/or issuance of a Certificate of Conditional Use by the Planning Division, the applicant shall pay in full all fees required under actual cost job number .

109. Condition Compliance: Prior to occupancy/use, all conditions shall be completed to the satisfaction of County Planning with appropriate authorizing approvals from each reviewing agency.

If you would like additional information regarding any of the conditions in this document, please contact the department responsible for applying the condition and be prepared to provide the Record number above for reference. Department contact information has been provided below.

Department/Agency Office/Division Phone Number
Land Use Services Dept.
(All Divisions)
San Bernardino Govt. Center (909) 387-8311
High Desert Govt. Center (760) 995-8140
County Fire
(Community Safety)
San Bernardino Govt. Center (909) 387-8400
High Desert Govt. Center (760) 995-8190
County Fire Hazardous Materials (909) 386-8401
Flood Control (909) 387-7995
Solid Waste Management (909) 386-8701
Dept. of Public Works Surveyor (909) 387-8149
Traffic (909) 387-8186
Dept. of Public Health Environmental Health Services (800) 442-2283 Local Agency Formation Commission (LAFCO) (909) 388-0480 Water and Sanitation (760) 955-9885

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Page 20 of 19 ends

Conditions of Approval

Record: PROJ-2021-00008 Planning Commission Date: A u gust 18, 2022 Board of Supervisor’s Date: October 4, 2022

Administration,
Park and Recreation,
Roads, Streetlights,
Television Districts, and Other

(909) 386-8800

Special Districts
External Agencies (Caltrans, U.S. Army, etc.) See condition text for contact information...

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June 7, 2023

Erik Pfahler
Yorba Villas, LLC

RE: Yorba Villas, LLC, PROJ-2021-00008, VTTM No. 20394 Summary of Clariﬁca�on of Condi�ons of Approval

Dear Mr. Pfahler,

The Condi�ons of Approval clariﬁca�ons for the above referenced project are provided below. With this leter, the clariﬁca�ons are stated in a single document.

1. Sewer Clariﬁca�on (February 3, 2023):

Clariﬁed Condi�ons:

91. Sewer Service Veriﬁcation Letter: Applicant shall procure a veriﬁcation letter from the sewer service provider identiﬁed. This letter shall state whether or not sewer connection and service shall be made available to the project by the sewer provider. The letter shall reference the Assessor’s Parcel Number(s).

And

92. Water and Sewer Service Veriﬁcation: Water and/or Sewer Service Provider Veriﬁcation. Please provide veriﬁcation that the parcel(s) associated with the project is/are within the jurisdiction of the water and/or sewer service provider. If the parcel(s) associated with the project is/are not within the boundaries of the water and/or sewer service provider, submit to DEHS veriﬁcation of Local Agency Formation Commission (LAFCO) approval of either: (1) Annexation of parcels into the jurisdiction of the water and/or sewer service provider; or (2) Out-of- agency service agreement for service outside a water and/or sewer service provider’s boundaries. Such agreement/contract is required to be reviewed and authorized by LAFCO pursuant to the provisions of Government Code Section 56133. Submit veriﬁcation of LAFCO authorization of said Out-of-Agency service agreement to DEHS.

Ques�on:

At what point in the permi�ng process do condi�ons 91 and 92 become pre-requisites and require sa�sfac�on?

Answer:

1. Will Serve leter required prior to issuance of building permit.

2. Sewer Connec�on required before issuance of Cer�ﬁcate of Occupancy.

Land Use Services Department
Planning

Chad Nottingham
Interim Director
Jevin Kaye
Assistant Director
385 N. Arrowhead Avenue San Bernardino, CA 92415 | Phone: 909.387.8311 Fax: 909.387.3223

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2. Interior Fence Material Clariﬁca�on (March 28, 2023):

Condi�on: none

Ques�on:

The applicant is planning on installing decorative masonry walls along the perimeter and all areas visible to the public. The clarification is to allow the use of vinyl or wood fencing between lots for side yards and internal rear yards where not exposed to the public? Answer:

Vinyl fencing along the side yard and internal rear yards are ok as long as they are not all white.

3. Tribal Clariﬁca�on (April 10, 2023):

Condi�on:

62. MM TCR-1: Retain a Native American Monitor Prior to Commencement of Ground Disturbance:

A. The Project Applicant/Developer shall retain a Native American monitor from (or approved by) the San Manuel Band of Mission Indians and the Gabrieleno Band of Mission Indians-Kizh Nation (“Tribes”). The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the subject Project, at all Project locations (i.e., both on-site and any oﬀ-site locations that are included in the Project description/deﬁnition and/or required in connection with the Project, such as public improvement work). “Ground-disturbing activity” includes, but is not limited to, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. Monitors from the San Manuel Band of Mission Indians and the Gabrieleno Band of Mission Indians-Kizh Nation shall provide Native America monitoring services on a rotating basis.

B. The Project Applicant/Developer shall provide documentation of its retention of a Native American monitor, as provided in Mitigation Measure TCR-1, to the County Planning Department (?) prior to the earlier of the commencement of any ground-disturbing activity for the project, or the issuance of any permit necessary to commence a ground-disturbing activity.

C. The Project Applicant/Developer shall provide the Tribe with a minimum of 15 days advance written notice of the commencement of any project ground-disturbing activity so that the Tribe has suﬃcient time to secure and schedule a monitor for the project.

D. The Project Applicant/Developer shall hold at least one pre-construction sensitivity/educational meeting prior to the commencement of any ground-disturbing activities, where at a senior member of the Tribe(s) will inform and educate the Project’s construction and managerial crew and staﬀ members (including any Project subcontractors and consultants) about the TCR mitigation measures and compliance obligations, as well as places of signiﬁcance located on the Project site (if any), the appearance of potential TCRs, and other informational and operational guidance to aid in the Project’s compliance with the TCR mitigation measures. The Native American Tribe(s) shall be notiﬁed of and allowed to attend the pre-grading meeting with the County and Project construction contractors and/or monitor all Project mass grading and trenching activities. In the event that suspected tribal cultural resources are unearthed, the Native American Tribe(s) shall have the authority to redirect earth moving activities in the aﬀected area.

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E. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground- disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-logs will identify and describe any discovered TCRs, including but notlimited to, Native American cultural and historical artifacts, remains, places of signiﬁcance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project applicant/Lead Agency upon written request.

F. Native American monitoring for the Project shall conclude upon the latter of the following: (1) written conﬁrmation from a designated Project point of contact to the Tribe representatives that all ground- disturbing activities and all phases that may involve ground-disturbing activities on the project site and at any oﬀ-site Project location are complete; or (2) written notice by the Tribe to the Project Applicant/Developer and the County Planning Department that no future, planned construction activity and/or development/construction phase (known by the Tribe at that time) at the Project site and at any oﬀ-site project location possesses the potential to impact TCRs.

Ques�on:

There is no record in the EIR or Cultural Report of any reference to the San Manuel Band of Mission Indians. Furthermore, there is no contact informa�on for them anywhere in the project documents. Is it possible the San Manuel Band of Mission Indians were added into the condi�ons by mistake?

Answer:

The reference to San Manuel was a mistake and was added to the condi�ons by error. In moving forward, a contract with the Kizh Na�on is required before the issuance of a grading permit.

4. Public Perimeter Parkway Clariﬁca�on (April 10, 2023):

Condi�on:

Curb returns and sidewalk ramps shall be designed per County Standard 110 and Caltrans standard

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A88A. Adequate easement shall be provided to ensure sidewalk improvements are within Public right-of- way.

Yorba Avenue (Collector – 66 feet):
• Street Improvements. Design curb and gutter with match up paving 22 feet from centerline. •Sidewalks.

Design sidewalks per County Standard 109 Type “C”.
• Curb Returns and Sidewalk Ramps. Curb returns and sidewalk ramps shall be designed per County Standard 110 and Caltrans standard A88A. Adequate easement shall be provided to ensure sidewalk improvements are within Public right-of-way.
• Driveway Approach. Design driveway approach per County Standard 129B and located per County Standard 130.
• Cul-de-sac Design. The proposed cul-de-sac shall be designed to County Standard 120. Street B (Private Road – 60 feet):
• Road Dedication. A 60-foot grant of easement is required to provide a full-width right-of-way of 60 feet. • Street Improvements. Design curb and gutter with match up paving 18 feet from centerline. • Sidewalks. Design sidewalks per County Standard 109 Type “B”. • Curb Returns and Sidewalk Ramps. Curb returns and sidewalk ramps shall be designed per County Standard 110 and Caltrans standard A88A. Adequate easement shall be provided to ensure sidewalk improvements are within Public right-of- way.
• Driveway Approach. Design driveway approach per County Standard 129B and located per County Standard 130.

Ques�on:

The Condi�on regarding sidewalk design requires the use of County Standard 109 C (sidewalk curb adjacent). The Approved Ves�ng Tenta�ve Map and Site Plan is designed using County Standard 109 A (Sidewalk Parkway adjacent). The applicant requests using County Standard 109 A (sidewalk at ROW adjacent) in conformance to the approved Ves�ng Tenta�ve Map.

Answer:

Since the project includes a proposed permanent barrier for the project (block wall and tubular steel fencing with block pillars), then the Type “A” sidewalk can be used.

Note: The Oﬀsite Street Plans include using the City of Chino Curb Standard Drawing 1111 Curb Ramp Direc�onal Perpendicular at the intersec�on of Francis Avenue and Yorba Avenue. This is currently being reviewed and plan checked by County Land Use Services and will modify the applicable condi�on when approved by Land Use Services.

1. Ligh�ng Clariﬁca�on (April 28, 2023):

Condi�ons:

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All lighting shall be limited to that necessary for maintenance activities and security purposes. This is to allow minimum obstruction of night sky remote area views. No light shall project onto adjacent roadways in a manner that interferes with on-coming traﬃc. All signs proposed by this project shall only be lit by steady, stationary, shielded light directed at the sign, by light inside the sign, by direct stationary neon lighting or in the case of an approved electronic message center sign, an alternating message no more than once every ﬁve seconds.

And

Lighting ﬁxtures shall be oriented and focused to the onsite location intended for illumination (e.g. walkways). Lighting shall be shielded away from adjacent sensitive uses, including the adjacent residential development, to minimize light spillover. The glare from any luminous source, including on-site lighting, shall not exceed 0.5 foot-candle at the property line. This shall be done to the satisfaction of County Planning, in coordination with County Building and Safety.

Ques�on:

This condi�on requires all outdoor ligh�ng to include shields to meet the dark sky requirements. The proposed project will include streetlights. Are shields to the streetlights required to prevent light from spilling into front yards?

Answer:

No, does not apply to streetlights.

2. Exterior Ligh�ng Clariﬁca�on (April 28, 2023):

Condi�on:

79. Exterior Lighting Features. External structures or lighting shall be allowed only where the lighting is activated and controlled by motion sensors.

Ques�on I:

Are in-tract streetlights, private park lights and entry gate lights required to operate on mo�on sensors.

Does the condi�on only apply to coach lights and lights mounted on the houses or private homeowner security ligh�ng?

Answer I:

All lights should be on a �mer and should meet crime preven�on through environmental design standards for safety.

Ques�on II:

Accent lights in the entry and the private park provide security and ambiance and they would not be very eﬀec�ve if they were on mo�on sensors. Can we have the streetlights, project entry lights, and park lights work with a light level sensor vs a mo�on sensor?

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Answer:

All lights should be on a �mer and should meet crime preven�on through environmental design standards for safety.

3. Architecture Clariﬁca�on (April 28, 2023):

Condi�on:

83. Windows. All proposed windows shall provide a minimum 4-inch relief from the exterior of the wall and match the color and style of the proposed dwelling, as shown on the submitted plans. No white vinyl windows shall be allowed, unless it matches the base color of the building. Also, all windows facing a street shall be soundproof to reduce the noise from vehicles and pedestrians traveling on the street.

Ques�on I:

The condi�on requires a 4” recess around all windows. It also says, “as shown on the submited plans” and the submited plan does not show a 4” recess on the windows. Are changes needed to comply with the condi�on of approval?

Answer I:

The expecta�on is for a 4” recess for aesthe�c purposes.

Ques�on II:

If a recess is required, can this change to a degree. For example, if a 6” exterior wall provides a 2” deep recess around all windows, only 2” of “relief” can be provided. In that scenario, a 2” thick trim would account for the remaining 2” and would not be appropriate for the Spanish Colonial and Hacienda Ranch eleva�ons which should have only top and boom trim. Further, any recess is not architectural style appropriate for the California Ranch eleva�on. Can we use no recess if appropriate to the style of the home?

Answer II:

The windows should not impact the approved style or eleva�onal quality of the home. If it does, please use the appropriate window with no recess.

Ques�on III:

The condi�on states that the front eleva�on windows “shall be soundproof”. There is no such product as soundproof windows. Is there an STC ra�ng (sound ra�ng) speciﬁca�on we should use? Keep in mind these homes are not facing onto a busy street, or highway, and are not near any noise genera�ng facility like an airport. We would like to use a good standard residen�al STC ra�ng if possible.

Answer III:

An STC ra�ng that reduces the noise to a near soundproof ra�ng is required.

Sincerely,

Steven Valdez
Planning Manager

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01225.0005/845570.13
Exhibit C
City of Chino Development Impact Fees

• Applicable City Development Impact Fee Category: Detached Low Density Residential

• Applicable Development Impact Fees payable upon issuance of building permit by the City:
o Law Enforcement: $ 637.00 per unit
o Fire Suppression $1,310.00 per unit
o Circulation (Streets, Signals and Bridges) System: $4,586.00 per unit o Storm Drainage Collection System: $2,396.00 per unit o Sewage Collection**: $ 583.00 per unit
o General Facilities, Vehicles, and Equipment: $ 156.00 per unit o Public Use (Community Center) Facilities: $4,736.00 per unit o Administrative Fee:
(12% of the per unit total of above listed fees): $1,728.48 per unit o Residential Parks and Recreation: $22,494.00 per unit ** Sewage Collection Fee to be paid irrespective of whether the relevant building permit was issued by the County or the City.

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CITY OF CHINO CEQA FINDINGS AND FACTS IN SUPPORT OF

THE MODIFIED YORBA VILLAS RESIDENTIAL PROJECT

SAN BERNARDINO COUNTY, CALIFORNIA
STATE CLEARINGHOUSE NO. 2021060049

1. INTRODUCTION
The California Environmental Quality Act, Public Resources Code Section 21000 et seq. and the State CEQA Guidelines, 14 Cal. Code of Regs. Section 15000 et seq. (collectively, CEQA) , specifically CEQA Guidelines Section 15 381, provides that a public agency other than a Lead Agency which has discretionary approval authority over a project is a “Responsible Agency.” CEQA Guidelines Section 15096(a) provides that a Responsible Agency complies with CEQA by considering the Environmental Impact Report prepared by the Lead Agency and by reaching its own conclusi ons on whether and how to approve the project involved. Per CEQA Guidelines Section 15096( f), prior to reaching a decision on the project, the Responsible Agency must consider the environmental effects of the project as shown in the Environmental Impact Re port, and that a subsequent or supplemental Environmental Impact Report can be prepared only as provided in CEQA Guidelines Section 15162.

CEQA Section 15162 provides:
(a) When an Environmental Impact Report has been certified for a project, no subsequent Environmental Impact Report shall be prepared for that project unless the Responsible Agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following:

1. Substantial changes are proposed in the project which will require major revisions of the previous Environmental Impact Report due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous Environmental Impact Report due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous Environmental Impact Report was certified as complete shows any of the following:
a. The project will have one or more significant effects not discussed in the previous Environmental Impact Report;
b. Significant effects previously examined will be substantially more sever than shown in the previous Environmental Impact Report;

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c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce on or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
d. Mitigation measure or alternatives which are considerably different from those analyzed in the previous Environmental Impact Report would substantially reduce one or more significant effects on the environment, but the project proponent s decline to adopt the mitigation measure or alternative.

Per CEQA Guidelines Section 15096(h), prior to approving a project, a Responsible Agency must make the findings required by CEQA Guidelines Section 15091 and, if necessary, CEQA Guidelines 15093. CEQA Guidelines Section 15091 provides:
(a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:

1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR (“Finding 1”).

2. Such changes or alterations are within the responsibility and jurisd iction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can or should be adopted by such other agency (“Finding 2”).

3. Specific economic, legal, social, technological, or other considerati ons, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR (“Finding 3”). (b) The findings required by subdivision (a) shall be supported by subst antial evidence in the record.
(c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. (d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures.

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(e) The public ag ency shall specify the location and custodian of the documents or other materials which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section.

CEQA Guidelines Section 15093 further provides:
(a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposal project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.”
(b) Where the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. This statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statemen t should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091.

Finally, per CEQA Guideline s Section 15096(g), when considering alternatives and mitigation measures, a Responsible Agency is more limited than a Lead Agency and thus has responsibility for mitigating or avoiding only the direct or indirect environmental effects of those parts of th e project which it decides to carry out, finance, or approve.

These findings have been prepared for the City of Chino’s approval, in its capacity as a CEQA Responsible Agency, of a pre-annexation agreement pursuant to which the city would provide sewer service to the Yorba Villas Residential Project and the applicant would support the potential annexation of the Project site from unincorporated San Bernardino County into the City of Chino for two parcels totaling 13.35-acres (Assessor’s Parcel Number (APN) 1013-211-21 and 2013 - 211-22). The sewer service connection would be utilized to serve the Yorba Villas Residential Project (Tentative Tract Map No. 20394) approved on October 4, 20 22, by the County of San Bernardino (County) in its capacity as CEQA Lead Agency (the “Approved Project”).

The Approved Project authorizes the development and operation of a 45 -unit residential project on approximately 13.35-acres. The Approved Project includes a County Policy Plan Amendment to increase the allowed density on the project site from Very Low Density Residential (VLDR) to Low Density Residential (LDR), Zoning Amendment to change the zoning from Single Residential 1-acre Minimum (RS -1) to Sing le Residential (RS), Planned Development Permit to allow for reduced setbacks from County Development Code Standards, and a TTM to subdivide the Project site into 45 numbered lots for residential use and 2 lettered lots for emergency vehicle access in

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the unincorporated area. The Approved Project was previously analyzed in the Final EIR certified by the County of San Bernardino in October 2022. The Approved Project can be identified with State Clearinghouse Number (SCH) 2020120545.

The certified Final EIR did not identify any significant and unavoidable impacts of the Approved Project. Environmental impacts considered less than significant with mitigation incorporated included: Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardou s Materials, and Tribal Cultural Resources. Less than significant impacts included: Aesthetics, Agriculture, Air Quality, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise, Population and Housing, Publi c Services Recreation, Transportation, and Utilities.

Having received, reviewed and considered the Draft Environmental Impact Report (DEIR) and the Final Environmental Impact Report (FEIR) for the Yorba Villas Residential Project, SCH No. 2021060049 (collectively, the EIR) certified by the San Bernardino County Board of Supervisors (County) on October 4, 2022 , as well as the Addendum #1 To The Final Environmental Impact Report For The Yorba Villas Residential Project SCH# 2020120545 (attached hereto as CEQA Findings Exhibit A and incorporated herein by reference (“Addendum”)) and all other information in the record of proceedings on this matter, the following Findings and Facts in Support of Findings (Findings) are hereby adopted by the City of Chino (City) in its capacity as the CEQA Responsible Agency.

These Findings set forth the environmental basis for the discretionary actions to be undertaken by the City for the development of the Modified Project, as defined in Section 2. These actions include the appr oval of the Pre-Annexation and Development Agreement by and between the City of Chino and Yorba Villas, LLC setting forth the terms and conditions pursuant to which the City will provide sewer service to the 45 single family home Yorba Villas residential project.

A. Document Format
These Findings have been organized into the following sections:

Section 1 provides an introduction to these Findings.

Section 2 provides a summary of the Modified Project and overview of the discretionary actions required for approval of the Modified Project.

Section 3 provides a summary of previous environmental reviews related to the Modified Project area that took place prior to the environmental review done specifically for the Modified Project, and a summary of public participation in the environmental review for the Modified Project.

Section 4 sets forth findings regarding environmental impacts id entified in the EIR which were determined not to be significant.

Section 5 sets forth findings regarding environmental impacts identified in the EIR which can feasibly be mitigated to a less than significant level through the imposition of project design features, regulatory requirements, and/or mitigation measures. In order to ensure compliance and

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implementation, all of these measures are included in the Mitigation Monitoring and Reporting Program (MMRP) for the Modified Project which shall be adopted by the City together with these Findings in accordance with CEQA Section 21081.6. Where potentially significant impacts can be reduced to less than significant levels through adherence to project design features and regulatory requirements, these findings specify how those impacts were reduced to an acceptable level.

Section 6 sets forth findings regarding growth inducement.

Section 7 sets forth findings regarding significant irreversible effects.

Section 8 sets forth findings pursuant to CEQA Guidelines § 15162.

B. Custodian and Location of Records
The documents and other materials which constitute the administrative record for the City’s actions related to the Modified Project are located at the City of Chino, Development Services Department, Planning Division, 13220 Central Avenue, Chino, CA 91710. The City of Chino is the custodian of the administrative record for the Modified Project.

2. PROJECT SUMMARY
A. Project Location
The project site is comprised of 13.35 acres of vacant and disturbed land, located at 4570 Francis Avenue, Chino, CA (APNs: 1013 -211-21 and 1013 -211-22) in the unincorporated area of San Bernardino County. The site is directly northwest of the intersection of Yorba Avenue and Francis Avenue. The site is curre ntly vacant but was previously developed with various residential and agricultural uses. The project site is adjacent to the City of Chino to the southeast and unincorporated San Bernardino County borders all other sides of the Modified Project site. The City of Montclair is approximately 1/4 mile to the north. Regional access is provided via State Route 60 (SR -60) which is located approximately 0.8 mile south and State Route 71 (SR -71), approximately 3.7 miles west. Local access is provided by Francis Avenue.

B. Project Description
On October 4, 2022, the San Bernardino County Board of Supervisors approved applications for a County General Plan Amendment (GPA), a County Zone Change (ZC), a Planned Development Permit (PDP), and a Tentative Tract Map (TTM) for the Approved Project. The GPA amended the County’s Countywide Policy Plan category from Very Low Density Residential (VLDR), which allows for a maximum of 2 dwelling units per acre, to Low Density Residential (LDR), which allows for a maximum of 5 dwelling units per acre. The Zone Change changed the County’s zoning designation for the project site from Single Residential 1 -acre Minimum (RS -1) to Single Residential (RS), which allows for a maximum density of 4 units per acre. The TTM provides for the development 45 single -family homes, new private streets, a small private park, street improvements (along Francis and Yorba Avenue), and onsite stormwater infrastructure. The PDP allows for flexibility in the application of County Development Code standards. The purpose is to allow for innovation in site planning and other aspects of project design, and more effective design

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responses to site features, uses on adjoining properties, and environmental impacts than the County Development Code standards would produce w ithout adjustment. The County expects each Planned Development Permit project to be of obvious, significantly higher quality than would be achieved through conventional design practices and development standards.

The Approved Project has a density of 3.75 dwelling units per acre. A total of 225 parking spaces are provided onsite for the proposed residences and guest parking. The Approved Project was approved by the County for single-family residences on approximately 7,861 to 13,285 square foot lots, with p rivate driveways and outdoor areas. A s approved by the County, a ll lots have landscaping and driveways accessed from the Approved P roject’s proposed internal, private streets. In addition, the Modified Project includes one detention and water quality basin (“Lot A”) near the southeast corner of the site and landscaping which is further described below.

Infrastructure. The project would construct new internal private streets, curb, gutter, sidewalks, storm drain improvements, wet and dry utilities, and related infrastructure improvements. The Approved Project included, and the Final EIR analyzed, the installation of an 8-inch private sewer line onsite that would use a lift station to connect to the existing, off-site 21-inch Inland Empire Utility Agency (IEUA) Regional Sewage System interceptor located in Yorba Avenue adjacent to the project site. The Final EIR analyzed construction of an approximately 123 -foot, 4-inch force main to connect t he On -Site Sewer Line directly to the off-site IEUA trunk line, with retail wastewater collection service to be provided by the Monte Vista Water District (MVWD) and wholesale wastewater treatment service to be provided by IEUA under contract with MVWD. The Approved Project now proposes modification so as to connect to the City of Chino’s existing sanitary sewer system via a City -owned, existing sewer line in Yorba Avenue accessible to the Project, with retail wastewater collection service to be provided by the City and wholesale wastewater treatment service to be provided by IEUA under contract with the City (the Approved Project as modified to connect its on -site sewer collection line to the City’s off -site sewer line is referred to herein as the “Modified Project”). The Modified Project would connect to the City of Chino sewer system, as shown in Figure 6 of the attached Addendum . The Modified Project includes the construction and trenching of 1,432 feet of a 4-inch sewer lateral, 1,698 feet of an 8- inch sewer main in Yorba Avenue and six 48 -inch diameter sewer manholes per City of Chino standards. The sewer main line extension in Yorba Avenue would allow for the Project site to connect to the existing sewer line in Yorba Avenue and receive sewer services from the City of Chino, with ultimate wastewater treatment being provided by IEUA under contract with the City of Chino.

County Approvals:

To implement of the Modified Project, the County, in its capacity as Lead Agency, as adopted the following discretionary approvals for the Modified Project:
• Certification of the Final EIR
• Adoption of a Mitigation Monitoring and Reporting Program • General Plan Amendment

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• Zoning Map Amendment
• Tentative Tract Map
• Planned Development Permit
Required Approvals:

The Modified Project will require the following the discretionary approval from the City , acting in its capacity as Responsible Agency:
• Pre-Annexation and Development Agreement setting forth terms and conditions pursuant to which the City will provide the Modified Project wastewater collection and treatment services in anticipation of the City’s potential annexation of the Modified P roject site, subject to the subsequent approval of the San Bernardino County Local Agency Formation Commission in accordance with Government Code § 65133.

3. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION
The FEIR includes the Draft Environmental Impact Report (Draf t EIR) dated December 2021, written comments on the Draft EIR that were received during the public review period, written responses to those comments, and changes to the Draft EIR. In conformance with CEQA and the State CEQA Guidelines, the County of San B ernardino conducted an extensive environmental review of the Modified Project, including the following:
• Preparation of a Draft EIR by the County, which was made available for a 47-day public review period (December 15, 2021, to January 31, 2022). The Draft EIR consisted of the analysis of the Yorba Villas Residential project and appendices, including the NOP and responses to the NOP. The Notice of Availability (NOA) for the Draft EIR was sent to all property owners and occupants within a 300 -foot radius from the Modified Project site, all persons, agencies and organizations on the interest list interested persons, posted to the State Clearinghouse website for distribution to public agencies, and published in the San Bernardino County Sun. The NOA was posted at the San Bernardino County Land Use Services Department’s office on December 15, 2021. Copies of the Draft EIR were made available for public review at County of San Bernardino Land Use Services Department Office, Chino Branch Library, and was available for download via the County’s website at
http://cms.sbcounty.gov/lus/Planning/Environmental/Valley.aspx. • Preparation of a Final EIR, including the Comments and Responses to Comments on the Draft EIR, occurred. The Final EIR/Response to Comments contains co mments on the Draft EIR, responses to those comments, revisions to the Draft EIR, and appended documents. The Final EIR Response to Comments was released for a 10 -day agency review period prior to the County’s certification of the Final EIR on October 4, 2 022. The discretionary land use approvals for the Modified Project were also approved by the San Bernardino County Board of Supervisors on October 4, 2022.
• Preparation of the Addendum.

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• Public hearings were held by the City regarding the City’s Modified Project approvals , including a Planning Commission hearing and a City Council hearing.

For purposes of CEQA and these Findings, the Record of Proceedings for the Modified Project consists of the following documents and other evidence, at a minimum:
• The Initial Study and NOP and all other public notices issued by the County in conjunction with the Modified Project;
• The Final EIR (includes Draft EIR) for the Modified Project; • All written comments submitted by agencies and members of the public during the public review comment periods on the Draft EIR;
• All responses to written comments submitted by agencies and members of the public during the public review comment period on the Draft EIR;
• The Mitigation Monitoring and Reporting Program (MMRP); • The reports and technical memoranda included or referenced in the Response to Comments of the Final EIR;
• All documents, studies, EIRs, or other materials incorporated by reference in the Draft EIR and Final EIR;
• The Addendum to and all written comments thereon, and all written comments on the Modified Project, submitted to the City by agencies and members of the public prior to the close of the City Council’s July 5, 2023, public hearing on the Modified Project. • The Ordinances and Resolutions adopted by the County in connection with the Modified Project, and all documents incorporated by reference therein; • The Ordinances and Resolutions adopted by the City in connection with the Modified Project, and all documents incorporated by reference therein;
• Matters of common knowledge to the City, including but not limited to federal, state, and local laws and regulations;
• Any documents expressly cited in these Findings; and
• Any other relevant materials required to be in th e record of proceedings by Public Resources Code Section 21167.6(e).

The documents and other material that constitute the record of proceedings on which these findings are based are located at the City of Chino Development Services office at 13220 Central Avenue, Chino, CA 91710 . The custodian for these documents is the City of Chino . This information is

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provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code Regulations Section 15091(e).

4. FINDINGS FOR ENVIRONMENTAL EFF ECTS WHICH WERE DETERMINED

NOT TO BE SIGNIFICANT
Based upon the Initial Study prepared for the Modified Project (which Initial Study has been considered by the City) , the County determined , and the City concurs and hereby finds, that the Modified Project would have no impact or a less than significant impact on the following environmental topic areas and that no further, detailed analysis of these topics was required in the EIR:
• Agriculture & Forest Resources • Population and Housing • Air Quality • Public Services
• Energy • Transportation
• Greenhouse Gas Emissions • Utilities
• Mineral Resources • Wildfire
The evidence in support of the finding that the Modified Project will not have a significant impact on these environmental topic areas are set forth in th e EIR which is incorporated herein by this reference.

For those environmental impacts that were analyzed in the Draft EIR, the County determined, and the City concurs and hereby finds, based upon the CEQA threshold criteria for significance, that the Modified Project would have no impact or a less than significant impact to the following environmental topic areas, and that no mitigation measures were required. This determination is based upon the environmental analysis in the Draft EIR and the comments rece ived on the Draft EIR, as well as the Addendum . No substantial evidence was submitted to or identified by the County or the City which indicated that the Modified Project would result in a significant impact related to the following.

Aesthetics
Impact Finding: The City has considered the EIR, and its analysis of the Modified Project’s aesthetic impacts, and hereby finds that Modified Project would not conflict with applicable zoning and other regulations governing scenic quality (Draft EIR Page 5.1-5).

Facts in Support of Findings:

Countywide Plan : The project site’s current County land use designation is Low Density Residential (LDR), which allows up to 5 dwelling units per acre. As approved by the County, the Modified Project would develop 45 ne w single-family residences, resulting in a density of 3.75 units per acre , on lots ranging in size from 7,861 SF to 13,838 SF. The County’s Low Density

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Residential designation is compatible with the surrounding single -family, residential uses which have a land use designation of VLDR. Although the County’s Low Density Residential designation allows for development of residential uses to a maximum density of 5 dwelling units per acre compared to the VLDR of 2 dwelling unit per acre, the surrounding land uses include similar size lots ranging from multiple units per lot to the east of Yorba Avenue, 16,400 SF lots to the south of Francis Avenue, lots averaging 7,500 SF to the southeast, and 20,000 SF to 30,000 SF lots to the west.

Zoning: Under the County’s zoning ordinance, the project site is currently zoned Single Residential (RS) which allows for 4 units per acre. The Modified Project is there consistent with the County’s applicable RS development standards.

Overall, the Modified Project is located within an urbanized area and would not conflict with applicable zoning and other regulations governing scenic quality. Therefore, impacts would be less than significant. In addition, as the Modified Project would utilize the vacant land and develop single-family housing, which is consistent with the land uses adjacent to the site, the Modified Project would increase the visual cohesion between the Modified Project site and the surrounding single-family residential area. Hence, the proposed Modified Project would not degrade the visual character of the Modified Project site and surrounding area; and impacts would be less than significant.

Impact Finding: The City has considered the EIR, and its analysis of light and glare impacts, and finds that the Modified Project would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area (Draft EIR Page 5.1-9).

Facts in Support of Findings:

The Modified Project site is largely undeveloped and does not contain lighting sources. As approved by the County, the Modified Project would include installation of new lighting sources on the project site, including exter ior lighting for streetlights, residential security lighting, walkways lighting, and interior lighting, which could be visible through windows to the outside and headlights from vehicles. In addition, the Modified Project would result in additional vehicular trips after sunset, which would temporarily and intermittently increase lighting in the street corridor and may affect existing residences that are adjacent to the streets. However, the lighting from vehicle headlights is focused on a downward trajectory and would be intermittent. Therefore, impacts related to lighting would be less than significant.

Glare in the vicinity of the Modified Project is generated by building and vehicle windows reflecting light. However, there are no substantial buildings or structures near the site that presently generate substantial glare since most of the buildings are limited to one -story structures that are constructed of non-reflective materials and are not surfaced with a substantial number of windows adjacent to one another that would create a large reflective area. The construction of offsite sewer improvements would not include new lighting or the use of reflective materials.

The exterior of the proposed residences would be finished in a palette of earth -toned colors, and consist of stucco with cement roof tiles, which are not reflective surfaces. Additionally, installation of outdoor lighting would be required to meet the requirements in Section 83.07.030, Glare and

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Outdoor Lighting, in the County’s Development Code, which would reduce the potential to generate glare from new lighting fixtures. As a result, the Modified Project would not create a substantial source of glare, and impacts would be less than significant.

Biological Resources:

Impact Finding: The City has considered the EIR, and its analysis of biological resource impacts, and hereby finds that the Modified Project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensit ive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service (Draft EIR Page 5.2-8).

Facts in Support of Finding: The General Biological Resource s Assessment and Biological Assessment Update identified that the Modified Project site is highly disturbed and that no special status vegetation types were identified on the Modified Project site. In addition, no potentially suitable habitat for special s tatus plant species was identified onsite. Multiple special status wildlife species are known to exist in the region; however, no potentially suitable habitat exists on the Modified Project site to support these species. A habitat assessment for burrowing owl was conducted on July 13, 2021, in accordance with the CDFW Staff Report on Burrowing Owl Mitigation, due to the potential for the site to provide suitable foraging habitat for burrowing owl.

Although evidence of ground squirrels is present within the area of the Modified Project , no suitable burrows or burrowing owl sign were observed within the Modified Project site during the field surveys. Due to the high level of disturbance and lack of suitable burrows on the site, the habitat assessment concluded that there is no habitat for burrowing owl on the Modified Project site. Thus, impacts related to special status species, including burrowing owl, would not occur from implementation of the proposed Modified Project.

Impact Finding: The City has considered the EIR, and its analysis of biological resource impacts, and hereby finds that the Modified Project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service (Draft EIR Page 5.2-8).

Facts in Support of Findings: The Modified Project site consists of solely upland areas that do not contain any drainages, vernal pools, wetland habitats, creeks, or rivers. The Modified Project site does not contain any riparian habitat, jurisdictional streambed or wetland areas, or sensitive natural community identified by USFWS or CDFW. Thus, impacts to these resources would not occur from implementation of the proposed Modified Project.

Impact Finding: The City has considered the EIR, and its analysis of biological resource impacts, and hereby finds that Modified Project would not have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, and coastal) through direct removal, filling, hydrological interruption, or other means (Draft EIR Page 5.2-9).

Facts in Support of Findings: The Modified Project site consists solely of upland areas that do not contain any drainages, creeks, rivers, or other wetland areas. The Modified Project site does not contain any jurisdictional areas that would be subject to Section 404 of the Clean Water Act,

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and the proposed Modified Project does not involve any hydrological interruption of any existing water resources. Thus, impacts to federally protected wetlands, as defined by Section 404 of the Clean Water Act, would not occur from implementation of the proposed Modified Project.

Impact Finding: The City has considered the EIR, and its analysis of biological resource impacts, and hereby finds that Modified Project would not conflict with any local policies or ordinances protecting biological resources, such as a tree pre servation policy or ordinance (Draft EIR Page

5.2-10).

Facts in Support of Findings: The Tree Preservation Report (Appendix C) prepared for the Modified Project site in January 2021 concluded that there are no protected trees onsite that are subject to reg ulation by the County of San Bernardino Development Code. In addition, the Modified Project includes landscaping that would replace the removed trees with new trees, as required by the County Development Code, and would install other plant species to provi de uniform vegetation on the Modified Project site and meet Low Impact Development (LID) standards. Compliance with the County Development Code standards would be verified through the County’s standard development permitting process. Thus, impacts related to conflict with local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance, would be less than significant.

Regulatory Requirements:

PPP BIO-1: As approved by the County, the Modified Project must comply with Chapter 88.01 Plant Protection and Management of the County Development Code prior to removing any trees located on the Modified Project site.

Hydrology and Water Quality
Impact Finding: The City has considered the EIR, and its analysis of hydrology and water quality impacts, and hereby finds that the Modified Project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality (Draft EIR Page 5.6-8).

Facts in Support of Finding:

Construction: As approved by the County, t he Modified Project would involve demolition, excavation and construction activities that would expose and loosen sediment and building materials, which have the potential to mix with stormwater and urban runoff and degrade surface and receiving water quality. Additionally, construction generally requires the use of heavy equipment and construction-related materials and chemicals that could be accidentally spilled or improperly disposed of during construction activities and could therefore pollute surface waters or groundwater, resulting in a significant impact to water quality. These types of water quality impacts during construction of the Modified Project would be prevented through the requirements of the National Pollutant Discharge Elimination System (NPDES) stormwater permit (NPDES Permit No. CAS618036 renewed under Regional Water Quality Control Board (RWQCB) Order R8-2010-0036 for San Bernardino County), which establish minimum stormwater management requirements and controls that are required to be implemented for construction of the proposed

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Modified Project, including preparation of a storm water pollution prevention plan (SWPPP) by a Qualified SWPPP Developer (QSD), which is included as plan, program, or policy (PPP) HYD-1 and GEO-2. Adherence to the existing requirements and implementation of the appropriate Best Management Practices (BMPs) that are required by the County’s permitting process and included as PPP HYD-1, would ensure that potential water quality degradation associated with construction activities would be minimized, and impacts would be less than significant.

Operation: Potential pollutants associated with the proposed residential uses include various chemicals from cleaners, pathogen s from pet wastes, nutrients from fertilizer, pesticides and sediment from landscaping, trash and debris, and oil and grease from vehicles. If these pollutants discharge into surface waters, it could result in degradation of water quality. The Chino Creek Reach 1B and the Newport Slough, to which the Modified Project site drains, are currently listed as impaired on the EPA’s 303(d) list for various pollutants. Therefore, additional pollutant discharge could create new, or exacerbate existing impairments wit hin these waterbodies, which could result in a significant impact related to water quality.

However, operation of the proposed Modified Project would be required to comply with the requirements of the Santa Ana RWQCB MS4 Permit, which requires the Modified Project to develop a project-specific Water Quality Management Plan (WQMP) (included as PPP HYD -2) that would include implementation of operat ional low-impact development (LID) infrastructure and non-structural, structural, and source control and treatment control BMPs to protect surface water quality. A Preliminary WQMP has been developed (included as EIR Appendix H) and recommends various post construction BMPs to be incorporated into the Modified Project. The final WQMP is required to be approved prior to the issuance of a building or grading permit.

Implementation of the WQMP pursuant to the existing regulations would ensure that operation of the Modified Project would not violate any water quality standards, waste discharge requirements, or otherwise degrade water quality; and impacts would be less than significant.

Regulatory Requirements:

PPP HYD -1: National Pollutant Discharge Elimination System (NPDES). The Modified Project will be constructed in accordance with the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, NPDES No.

CAS000002. Compliance requires a risk assessment, a SWPPP, and associated BMPs.

PPP HYD-2: Santa Ana RWQCB MS4 Permit. The Modified Project will be constructed and operated in accordance with the Santa Ana RWQCB Municipal Stormwater (MS4) Permit for the part of the Santa Ana Basin in San Bernardino County in 20 10 (Order No. R8 -2010-0036). The MS4 Permit requires new development and redevelopment projects to adopt a WQMP to:
• Control contaminants into storm drain systems
• Educate the public about stormwater impacts
• Detect and eliminate illicit discharges

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• Control runoff from construction sites
• Implement BMPs and site-specific runoff controls and treatments Impact Finding: The City has considered the EIR, and its analysis of hydrology and water quality impacts, and hereby finds that Modified Project would not substant ially decrease groundwater supplies or interfere substantially with groundwater recharge such that the Modified Project may impede sustainable groundwater management of the Basin (Draft EIR Page 5.6-11).

Facts in Support of Finding: As approved by the Coun ty, the Modified Project includes two drainage conveyance systems. The northern offsite tributary storm flows would be collected along the northern boundary of the project site and would be conveyed in a private storm drainpipe which would include an outle t onto Francis Avenue at the southwest corner of the Modified Project’s curb outlet drain. The in-tract storm flows would be collected in a second private drainpipe system and conveyed to the detention basin at the southeast corner of the project site which would both detain 2 -year stormwater flows and percolate first flush stormwater into the onsite soils. As described by the Yorba Villa project’s Hydrology Report and preliminary WQMP, the storm drains and underground infiltration chambers have been designed to capture and filter the existing volume of water that infiltrates the existing project site. In addition, the Modified Project would mitigate the 2-year onsite storm flow and detain the 100 -year storm flows to 80 percent of undeveloped conditions in consistency with the County’s NPDES permit requirements. Therefore, the Modified Project would not substantially interfere with groundwater recharge, and impacts would be less than significant.

Impact Finding: The City has considered the EIR, and its analysis of hydrology and water quality impacts, and hereby finds that the Modified Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on- or off-site (Draft EIR Page 5.6-12).

Facts in Support of Finding: The Modified Project site does not include, and is not adjacent to, a stream or river. Implementation of the Modified Project would not alter the course of a stream or river. T he existing drainage pattern through the site is a north -south sheet flow to Francis Avenue. There is no existing storm drain system near the Modified Project site. The proposed Modified Project would divert offsite stormwater that currently flows through the Modified Project site, to flow through a storm drainage system and a standard County curb outlet structure onto Francis Avenue, which would not generate erosion. Therefore, impacts would be less than significant.

Regulatory Requirements:

PPP HYD -1: Nat ional Pollutant Discharge Elimination System (NPDES). As listed previously.

PPP HYD-2: Santa Ana RWQCB MS4 Permit. As listed previously.

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Impact Finding: The City has considered the EIR, and its analysis of hydrology and water quality impacts, and hereby finds that the Modified Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would sub stantially increase the rate or amount of surface runoff in a manner which would result in flooding on - or off-site (Draft EIR Page 5.6-14).

Construction: Construction of the Yorba Villa p roject would require demolition of the existing building structures, including foundations, floor slabs, and utilities s ystems, though this will not be required with respect to offsite sewer improvements . These onsite activities, however, could temporarily alter the existing drainage pattern of the site and could result in flooding onsite or offsite if drainage is not prope rly controlled. However, as described previously, implementation of the Modified Project requires a SWPPP (included as PPP HYD-1 and PPP GEO-2) that would address site specific drainage issues related to construction of the Modified Project and include BMPs to eliminate the potential of flooding or alteration of a drainage pattern during construction activities.

Operation: The Modified Project would increase impervious surfaces that would result in an increase of the 2 -year, 24 -hour storm volume , though the offsite sewer improvements will be constructed below grade of existing impervious surfaces (i.e., existing paved roadways) . The Modified Project would manage the increased onsite runoff flows through detention and infiltration facilities as described in D raft EIR Table HWQ -1. The detention and water quality basin would infiltrate and detain the first flush stormwater. The storm drains and underground infiltration chambers have been designed to capture and filter the existing volume of water that infiltrates the existing Modified Project site. At the time of large flows, the stormwater would gravity flow through a standard County curb outlet structure onto Francis Avenue.

Additionally, as part of the permitting approval process, the proposed drainage design and engineering plans would be reviewed by the County’s Engineering Division to ensure that the proposed drainage would accommodate the appropriate design flows. Overall, the proposed drainage system and adherence to the existing MS4 permit regulations would ensure that Modified Project impacts related to alteration of a drainage pattern or flooding from operational activities would be less than significant.

Regulatory Requirements:

PPP HYD -1: National Pollutant Discharge Elimination System (NPDES). As list ed previously.

PPP GEO-2. As listed previously.

Impact Finding: The City has considered the EIR, and its analysis of hydrology and water quality impacts, and hereby finds that the Modified Project would not substantially alter the existing

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drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff (Draft EIR Page 5.6-15).

Construction: Construction of the proposed Modified Project would require demolition and excavation activities that could temporarily alter the existing drainage pattern of the site and could result in increased runoff and polluted runoff if drainage is not properly controlled. Implementation of the Modified Project requires a SWPPP (included as PPP HYD -1 and GEO -2) that would address site specific pollutant and drainage issues related to construction of the Modified Project and include BMPs to eliminate the potential of polluted runoff and increased runoff during construction activities.

Operation: As par t of the permitting approval process, the proposed drainage design and engineering plans would be reviewed by the County’s Engineering Division and, with respect to offsite sewer improvements, the City Engineer, to ensure that the proposed drainage would accommodate the appropriate design flows. Additionally, the permitting process would ensure that the drainage system specifications adhere to the existing MS4 permit regulations, which would ensure that pollutants are removed prior to discharge. Overall, wi th compliance to the existing regulations as verified by the permitting process, Modified Project impacts related to the capacity of the drainage system and polluted runoff would be less than significant.

Regulatory Requirements:

PPP HYD -1: National Pollut ant Discharge Elimination System (NPDES). As listed previously.

PPP GEO-2. As listed previously.

Impact Finding: The City has considered the EIR, and its analysis of hydrology and water quality impacts, and hereby finds that the Modified Project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan (Draft EIR Page 5.6-16).

Facts in Support of Finding: The hydrologic features of the proposed Modified Project have been designed to slow, filter, and retain stormwater within a landscaping and infiltration basin on the Modified Project site, which would aid in managing groundwater and water quality. Furthermore, pursuant to County Development Code Section 35.0118, implementation of the Modified Project requires a WQMP, which has already been prepared for the proposed Modified Project and is included as PPP GEO-3.

The proposed Modified Project is located within the Santa Ana River watershed, and under the jurisdiction of the Santa Ana RWQCB, w hich sets water quality standards for all ground and

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surface waters within its region. Water quality standards for all ground and surface waters overseen by the Santa Ana RWQCB are documented in its Basin Plan, and the regulatory program of the Santa Ana RWQCB is designed to minimize and control discharges to surface and groundwater, largely through permitting, such that water quality standards are effectively attained. The Modified Project has been designed in compliance with the Basin Plan. Thus, Modified Project impacts involving conflict with, or obstructing implementation of, a water quality control plan or sustainable groundwater management plan would be less than significant.

Regulatory Requirements:

PPP GEO-3: As approved by the County, prior to grading permit issuance, the Modified Project developer shall have a Water Quality Management Plan (WQMP) approved by the County for implementation. The Modified Project is required by the County to comply with the County’s Development Code Section 85.11.030 and the Municipal Separate Storm Sewer System (MS4) permit requirements in effect for the RWQCB at the time of grading permit to control discharges of sediments and other pollutants during operations of the Modified Project.

Land Use and Planning
Impact Finding: The Modified Project would not cause significant environmental impacts due to conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the Modified Project adopted for the purpose of avoiding or mitigating an environmental effect (Draft EIR Page 5.7-5).

Facts in Support of Finding:

Southern California Association of Governments Regional Transportation Plan/Sustainable Communities Strategy Policie s: SCAG’s RTP/SCS policies focus largely on regional transportation and the efficiency of transportation, which are not directly applicable to the Modified Project. As shown in Draft EIR Table 5.7 -1, the Modified Project would not conflict with the adopted RTP/SCS. Therefore, implementation of the Modified Project would not result in conflict with SCAG policies, and impacts would not occur.

General Plan and Zoning Land Use Consistency : To implement the proposed Modified Project the County approved a an amendment of the Countywide Policy Plan to change the project site’s land use designation from Very Low Density Residential (VLDR) to Low Density Residential (LDR) to allow for an increase in density and a n amendment of the County zoning ordinance to change t he zoning from the County’s RS-1 (Single Residential 1 -Acre Minimum) zoning designation to the County’s RS (Single Residential) zoning designation. The County’s General Plan Land Use Element states that LDR includes single -family residential uses and Publi c and quasi-public facilities such as parks, religious facilities, schools, sheriff’s stations, and fire stations.

The Modified Project’s proposed Pre -Annexation and Development Agreement would obligate the City to amend the City’s General Plan so as to establish a land use designation of “RD 4.5 (4.5 du/ac)” for the project site, which designation is consistent with the Low Density Residential (LDR) land use designation under the County’s General Plan, and to amend the City’s zoning ordnance so as to establish a zoning designation of “RD 4.5” for the project site, which is consistent with the County’s RS-1 (Single Residential) zoning designation.

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The Modified Project would not result in a land use or zoning inconsistency. Rather, developing 45 single -family residences similar to the existing surrounding areas would create a cohesive neighborhood and would not conflict with a policy or plan adopted for the purpose of avoiding or mitigating an environmental effect.

Noise
Impact Finding: The City has considered the EIR, and its analysis of noise impacts, and hereby finds that the Modified Project would not result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Modified Project in excess of standards established in the applicable general plan or noise ordinance, or applicable standards of other agencies (Draft EIR Page 5.8-10).

Facts in Support of Finding:

Construction: Noise generated by Modified Project construction activities woul d result from a function of the noise generated by construction equipment, equipment location, sensitivity of nearby land uses, and timing and duration of the construction activities. Noise levels generated by heavy construction equipment can range from ap proximately 74 dBA to 84 dBA when measured at 50 feet, as shown on Draft EIR Table 5.8 -5. Through adherence to the limitation of allowable construction times provided in Section 83.01.080(g)(3) of the County Development Code, construction-related noise lev els would not exceed any standards established in the Countywide Plan nor would construction activities create a substantial temporary increase in ambient noise levels from construction of the proposed Modified Project. However, construction noise would not exceed the FTA threshold of 80 dBA Leq. Therefore, construction noise impacts would be less than significant.

Operation: Potential noise impacts associated with the operations of the proposed Modified Project would be from Modified Project-generated vehicular traffic on the nearby roadways. In addition, the proposed development would be adjacent to Francis Avenue and Yorba Avenue, which may create exterior and interior noise levels in excess of County standards at the Modified Project proposed homes. The proposed Modified Project is anticipated to generate 425 daily trips which were added to Francis Avenue for the Modified Project conditions. Draft EIR Table 5.8-7 shows that these vehicular trips would result in a 0.5 dBA noise level increase, which is below the 3 dBA noise level threshold that was the roadway noise threshold utilized in the Countywide Plan EIR.

Therefore, impacts would be less than significant.

The proposed Modified Project ’s potential offsite traffic noise impacts have been calculated through a comparison of the future year 2035 scenario to the future year 2035 with -project scenario. The results of this comparison are shown in Draft EIR Table 5.8 -8. The proposed Modified Project would not exceed the 3 dBA noise level threshold. Thus, off -site traffic noise impacts in the 2035 plus-project condition would be less than significant.

The Noise Impact Analysis determined that the exterior noise levels at the Modified Project ’s proposed residences would range from 43 to 51 dBA CNEL which would no t exceed the County Development Code standard of 60 dBA CNEL as shown in Table 5.8 -9. The interior noise levels were analyzed by the Nosie Impact Analysis to identify if the interior noise would exceed the

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Municipal Code Standard interior noise level standard of 45 dBA CNEL. As shown in Draft EIR Table 5.8-9, the interior noise levels at the proposed homes would range from 43-51 dBA with the proposed 6-foot walls. Thus, the proposed Modified Project would be below the County’s exterior and interior noise standards. Therefore, impacts related to exterior and interior noise would be less than significant.

Impact Finding: The City has considered the EIR, and its analysis of noise and vibration impacts, and hereby finds that the Modified Project would not result in generation of excessive groundborne vibration or groundborne noise levels (Draft EIR Page 5.8-14).

Facts in Support of Finding:

Construction: Vibration impacts from construction activities associated with the proposed Modified Project would typically be created from the operation of heavy off-road equipment. The nearest sensitive receptor to the Modified Project site is a single -family home loc ated approximately 15 feet to the north of the project site. Section 83.01.090 of the County’s Development Code restricts the creation of vibration which produces a particle velocity greater than 0.2 inch-per-second PPV. The primary source of vibration during construction would be from the operation of a bulldozer. As shown in Draft EIR Table 5.8 -10 below, a large bulldozer would create a vibration level of 0.089 inch per second PPV at 25 feet. Based on typical propagation rates, the vibration level at the nearest offsite home (15 feet to north) would be 0.156 inch per second PPV. The vibration level at the nearest offsite home would be below the County’s 0.2 inch per second PPV threshold. Thus, impacts related to construction vibration would be less than significant.

Operation: The ongoing operation of the proposed Modified Project would not include the operation of any known vibration sources other than typical onsite vehicle operations for a residential development. Therefore, impacts related to operationa l vibration would be less than significant.

Tribal Cultural Resources
Impact Finding: The City has considered the EIR, and its analysis of impacts on tribal cultural resources, and hereby finds that the Modified Project would not cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k) (Draft EIR Page 5.9-5).

Facts in Support of Finding: The County sent letters to 6 Native American representatives identified by Native American Heritage Commission (NAHC), notifying them of the proposed Modified Project in accordance with SB 18 and AB 52. Formal consultation was not conducted with the Native American representatives as no requests for consultation with the County’s per AB 52 and SB 18 were received.

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The Modified Project site was historically used for agr iculture and residential uses and does not contain any historic resources. The most recent building demolition activities were permitted and authorized by the City. The Modified Project site currently does not contain any buildings. The site contains concrete slabs from former residences, which are not considered a historic resource.

In addition, there are no previously recorded cultural resources within a 0.5 -mile of the Modified Project site. Furthermore, no information regarding known or potential tribal cultural resources (TCRs) in the Modified Project vicinity was received during the SB 18 and AB 52 consultation period. Thus, the Modified Project site does not contain any historic resources eligible for listing in the California Register of Historical Resources, or as defined in Public Resources Code Section 5020.1(k) or TCRs; and impacts related to TCRs would not occur from implementation of the proposed Modified Project.

5. FINDINGS FOR IMPACTS MITIGATED TO A LEVEL OF LESS THAN

SIGNIFICANT
The following potentially significant environmental impacts were analyzed in the Draft EIR, which determined that project design features, compliance with existing laws, codes and statutes, regulatory requirements, and implementation of the identified feasible mitigation measures would reduce potentially significant impacts to a level of less than significant. The City has considered the EIR and hereby finds in accordance with CEQA Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1) that “Changes or alterations ha ve been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment,” which is referred to herein as “Finding 1”.

Where the potential impact can be reduced to less than significant solely through adherence to and implementation of project design features, standard conditions, and plans, programs, or policies, these measures are considered “incorporated into the project,” which mitigate or avoid the potentially significant effect, and in these situations, the City also makes “Finding 1” even though no mitigation measures are required.

Biological Resources
Impact Finding: The City has considered the EIR, and its analysis of impacts to biological resources, and hereby finds that the Modified Project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites (Draft EIR Page 5.2-9).

The City hereby makes Finding 1 and determines that this impact is Less Than Significant with implementation of mitigation measures.

Facts in Support of Finding: The Modified Project site contains ornamental trees that could be used by nesting bird species. Theref ore, impacts related to nesting birds could occur if site development activities are during the avian breeding season (typically February 15 through September 15). Any activities that occur during the nesting/breeding season of birds protected by the federal Migratory Bird Treaty Act (MBTA), could result in a potentially significant impact if requirements of the MBTA are not followed. Implementation of Mitigation Measure BIO-1 would

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ensure MTBA compliance and would require a nesting bird survey to be conduc ted prior to the commencement of construction during nesting season, which would reduce potential impacts related to nesting avian species and native wildlife nursery sites to a less than significant level.

Mitigation Measures:

Mitigation Measure BIO-1: Nesting Birds. To the extent possible, construction activities (i.e., demolition, earthwork, clearing, and grubbing) within the Project site and offsite infrastructure areas, shall occur outside of the general bird nesting season for migratory birds, which i s March 15 through August 31 for songbirds and January 1 through August 31 for raptors.

If construction activities (i.e., earthwork, clearing, and grubbing) must occur during the general bird nesting season for migratory songbirds (March 15 through August 31) and raptors (January 1 to August 31), a qualified biologist shall perform a pre -construction survey of potential nesting habitat to confirm the absence of active nests belonging to migratory birds and raptors afforded protection under the MBTA and California Fish & Game Code. The pre-construction survey shall be performed no more than three days prior to the commencement of construction activities. The results of the pre -construction survey shall be documented by the qualified biologist. If construction is inactive for more than seven days, an additional survey shall be conducted.

If the qualified biologist determines that no active migratory bird or raptor nests occur, the activities shall be allowed to proceed without any further requirements. If the q ualified biologist determines that an active migratory bird or raptor nest is present, no impacts within 300 feet (500 feet for raptors) of the active nest shall occur until the young have fledged the nest and the nest is confirmed to no longer be active, or as determined by the qualified biologist. The biological monitor may modify the buffer or propose other recommendations in order to minimize disturbance to nesting birds.

Cultural Resources
Impact Finding: The City has considered the EIR, and its analys is of cultural resources, and hereby finds that the Modified Project would not cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 (Draft EIR Page 5.3-9).

The City hereby makes Finding 1 and dete rmines that this impact is Less Than Significant with implementation of mitigation measures.

Facts in Support of Finding: The records search conducted for the Modified Project identified that 23 cultural resources investigations have been previously completed within a 1-mile radius of the Modified Project site, but none including the Modified Project site. The results of the previous investigations did not identify any previously recorded cultural resources within a 0.5-mile of the Modified Project site; however, five previously identified archaeological or historical resources are located within one mile of the Modified Project site. The Modified Project site has been highly disturbed from various past uses. The previous development involved excavations rel ated to installation and removal of septic systems, water lines, and other utility infrastructure. As a result, the potential for archaeological resources exists on site are low. However, Mitigation Measure CUL-1 has been included to ensure that the proper procedures would occur upon an inadvertent

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discovery of resources during ground -disturbing activities. With implementation of Mitigation Measure CUL-1, impacts would be less than significant.

Mitigation Measures:

Mitigation Measure CUL-1: Archaeological Resources. Prior to the issuance of the first grading permit, the Applicant shall provide a letter to the County of San Bernardino Planning Division/City of Chino Planning Division , or designee, from a qualified professional archeologist meeting the Secretary of Interior’s Professional Qualifications for Archaeology as defined at 36 CFR Part 61, Appendix A stating that the archeologist has been retained to provide on-call services in the event archeological resources are discovered. The archeologist s hall be present at the pregrading conference to establish procedures for archeological resource surveillance. In the event a previously unrecorded archaeological deposit is encountered during construction, all activity within 50 feet of the area of discove ry shall cease and the County /City shall be immediately notified. The archeologist shall be contacted to flag the area in the field and shall determine, in consultation with the County/City and the Gabrieleño Band of Mission Indians Kizh-Nation, if the archaeological deposits meet the CEQA definition of historical (State CEQA Guidelines 15064.5(a)) and/or unique archaeological resource (Public Resources Code 21083.2(g)). If the find is considered a “resource” the archaeologist shall pursue either protection in place or recovery, salvage and treatment of the deposits. Recovery, salvage and treatment protocols shall be developed in accordance with applicable provisions of Public Resource Code Section 21083.2 and State CEQA Guidelines 15064.5 and 15126.4 in con sultation with the County /City and the Gabrieleño Band of Mission Indians Kizh -Nation. Per CEQA Guidelines Section 15126.4(b)(3), preservation in place shall be the preferred means to avoid impacts to archaeological resources qualifying as historical resources. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C). If unique archaeological resources cannot be preserved in place or left in an undisturbed state, recovery, salvage and treatment shall be required at the developer/applicant’s expense. All recovered and salvaged resources shall be prepared to the point of identification and permanent preservation by the archaeologist. Resources shall be identified and curated into an established accredited professional repository. The archaeologist shall have a repository agreement in hand prior to initiating recovery of the resource. Excavation as a treatment option will be restricted to those parts of the unique archaeological resource that would be damaged or destroyed by the Project.

Geology and Soils
Impact Finding: The City has considered the EIR, and its analysis of geology and soils, and hereby finds that the Modified Project would not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature (Draft EIR Page 5.4-10).

The City hereby makes Finding 1 and determines that this impact is Less Than Significant with implementation of mitigation measures.

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Facts in Support of Finding:

Unique Geologic Feature: There are no unique geological features in the Modified Project vicinity.

As such, development of the Modified Project would not result in impacts to unique geologic features.

Paleontological Resources: Record searches completed for the proposed Modified Project indicate that surface deposits consist of younger Quaternary alluvium. These younger Quaternary deposits typically do not contain significant vertebrate fossils in the uppermost layers, but they are usually underlain by older Quaternary alluvium that may contain significant fossil vertebrate remains five feet below the groun d surface. Two fossil localities were discovered in similar deposits near the Modified Project site. Therefore, grading and other earthmoving activities may have the potential to impact unknown paleontological resources. Although, Modified Project excavation is anticipated to reach a maximum depth of five -feet, Mitigation Measure GEO -1 is included to require preparation of a paleontological resource monitoring plan that requires spot checks if excavation reaches or exceeds depths of five feet, provides proc edures to follow for monitoring and fossil discovery, and requires a curation agreement with an appropriate, accredited institution.

With implementation of Mitigation Measure GEO-1, impacts related to paleontological resources would be less than significant.

Mitigation Measures:

Mitigation Measure GEO -1: Paleontological Resources . Prior to the issuance of the first grading permit, the Applicant shall provide a letter to the County of San Bernardino Planning Division/City of Chino Planning Division , or desig nee, from a paleontologist selected from the roll of qualified paleontologists maintained by the County/City, stating that the paleontologist has been retained to provide services for the Project. The paleontologist shall develop a Paleontological Resources Impact Mitigation Plan (PRIMP) to mitigate the potential impacts to unknown buried paleontological resources that may exist onsite for the review and approval by the County/City. The PRIMP shall require that the paleontologist be present at the pre -grading conference to establish procedures for paleontological resource surveillance. The PRIMP shall also require periodic paleontological spot checks if excavation reaches or exceeds depths of five feet in areas mapped as Quaternary alluvium.

In the event paleontological resources are encountered, ground -disturbing activity within 50 feet of the area of the discovery shall cease. The paleontologist shall examine the materials encountered, assess the nature and extent of the find, and recommend a course of action to further investigate and protect or recover and salvage those resources that have been encountered.

Criteria for discard of specific fossil specimens will be made explicit. If a qualified paleontologist determines that impacts to a sample containing s ignificant paleontological resources cannot be avoided by Project planning, then recovery may be applied. Actions may include recovering a sample of the fossiliferous material prior to construction, monitoring work and halting construction if an important fossil needs to be recovered, and/or cleaning, identifying, and cataloging specimens for curation and research purposes. Recovery, salvage, and treatment shall be done at the Applicant’s expense. All recovered and salvaged resources shall be prepared to th e point of identification and permanent preservation by the paleontologist. Resources shall be identified and

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curated into an established accredited professional repository. The paleontologist shall have a repository agreement in hand prior to initiating recovery of the resource.

Hazards and Hazardous Materials
Impact Finding: The City has considered the EIR, and its analysis of hazards and hazardous materials, and hereby finds that Modified Project would not create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous material (Draft EIR

Page 5 ends

The City hereby makes Finding 1 and determines that this impact is Less Than Significant with implementation of mitigation measures and regulatory requirements.

Facts in Support of Finding:

Construction: The proposed construction activities would involve the routine transport, use, and disposal of hazardous materials such as paints, solvents, oils, grease, and caulking during construction activities. In addition, hazardous materials would routinely be needed for fueling and servicing construction equipment on the site. These types of materials are not acutely hazardous, and all storage, handling, use, and disposal of these materials are regulated by fed eral and state regulations that are implemented by the County of San Bernardino and the City of Chino during building permitting for construction activities. As a result, hazardous material impacts related to construction materials would be less than significant.

The Modified Project site contains soils contaminated with organochlorine pesticides (OCPs) and dieldrin that would require excavation and disposal as part of excavation and grading activities.

The contaminated soils would need to be excavated and removed during Modified Project excavation and grading activities as required by DTSC, California Integrated Waste Management Board, and the RWQCB. Due to the existence of the contaminated soils and excavation activities that would occur during Modified Project construction, implementation of the proposed Modified Project has the potential to result in a hazard to the public or environment.

Pursuant to the Phase I and Phase II Environmental Site Assessment, the Modified Project would require excavation of contaminated soils to approximately 5 feet below the existing ground surface in areas identified as LB30, LB43, LB48, LB49, and LB52 on Draft EIR Figure 5.5-1. As a result, Mitigation Measure HAZ -1 would be implemented to reduce the potential risks related to accidental release and exposure of people and the environment to the contaminated soils. With implementation of Mitigation Measure HAZ-1, impacts related to hazards from contaminated soils would be less than significant.

Operation: Operation of the prop osed Modified Project would include activities related to residential development, which generally would use hazardous materials including solvents, cleaning agents, paints, pesticides, batteries, and aerosol cans. Although residents of the Modified Project would utilize common types of hazardous materials generally classified as household hazardous waste, normal routine use of these products would not result in a significant hazard to residents or workers in the vicinity of the Modified Project. Therefore, operation of the proposed Modified Project would not result in a significant hazard to the public or to the environment

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through the routine transport, use, or disposal of hazardous waste during operation of the proposed Modified Project. Impacts would be less than significant.

Mitigation Measures:

Mitigation Measure HAZ -1: Site Management Plan. Prior to iss uance of a grading permit, a Site Management Plan (SMP) shall be prepared by a qualified hazardous materials consultant and shall detail procedures and protocols for excavation and disposal of onsite hazardous materials, including:
• A certified hazardous waste hauler shall remove all potentially hazardous soils. Excavation of contaminated soils shall be to the depth of approximately 5 feet below the existing ground surface in areas identified in the Phase I and Phase II Environmental Site Assessment (Tetra Tech 2016). In addition, sampling of soil shall be conducted during excavation in the southern and western portions of the site, in areas identified in the Phase I and Phase II Environmental Site Assessment (Tetra Tech 2016), to ensure residential Regional Screening Levels are not exceeded. Excavated materials shall be transported per California Hazardous Waste Regulations to a landfill permitted by the state to accept hazardous materials. • Any subsurface materials exposed during construction activities that appear suspect of contamination, either from visual staining or suspect odors, shall require immediate cessation of excavation activities. Soils suspected of contamination shall be segregated from other soils to be tested for potential contamination. If co ntamination is found to be present per Environmental Screening Levels (ESLs), any further proposed groundbreaking activities within areas of identified or suspected contamination shall be conducted according to California Hazardous Waste Regulations.
• A Health and Safety Plan (HSP) shall be prepared for each contractor that addresses potential safety and health hazards and includes the requirements and procedures for employee protection. The HSP shall also outline proper soil handling procedures and health a nd safety requirements to minimize worker and public exposure to hazardous materials during construction.
• All SMP measures shall be printed on the construction documents, contracts, and Project plans prior to issuance of grading permits.

Impact Finding: The City has considered the EIR, and its analysis of hazards and hazardous materials, and hereby finds that Modified Project would not create a significant hazard to the public or the environment through reasonably foreseeable upset or accident conditions in volving the release of hazardous materials into the environment (Draft EIR Page 5.5-19).

The City hereby makes Finding 1 and determines that this impact is Less Than Significant with implementation of mitigation measures and regulatory requirements.

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Facts in Support of Finding:

Construction: Improper use, storage, transportation and disposal of hazardous materials and wastes could result in accidental spills or releases, posing health risks to workers, the public, and the environment. Thus, implementation o f the proposed Modified Project could potentially result in the accidental release of hazardous materials such as chemical products typically used in construction as fuels, oils, etc. The use of BMPs during construction, implemented as part of a Stormwater Pollution Prevention Plan (SWPPP) as required by the National Pollution Discharge Elimination System General Construction Permit (and included as PPP HYD-1), would minimize potential adverse effects to workers, the public, and the environment.

Contaminated soils: The Phase I and Phase II ESA prepared for the Modified Project site identified that onsite soils contain concentrations of organochlorine pesticides, including: 4,4’ -DDE, 4,4’- DDT, and dieldrin that exceed Regional Screening Levels in s hallow soils throughout the southwestern portion of the site (shown in Draft EIR Figure 5.5-1). In addition, concentrations of dieldrin were found to exceed Regional Screening Levels along the southern and western portions of the site. Due to the existence of the contaminated soils, implementation of the proposed Modified Project has the potential to result in the accidental release of hazardous materials into the environment. As a result, Mitigation Measure Haz -1 would be implemented to reduce the potential risks related to accidental release and exposure of people and the environment to the contaminated soils. With implementation of existing regulations and Mitigation Measure HAZ-1, impacts related to contaminated soils would be less than significant.

Septic systems: Two septic systems were identified on the Modified Project site during the Phase I and Phase II investigation. The septic systems were determined not to be a hazardous materials concern; however, removal and disposal of the tanks during constru ction of the Modified Project would be required, pursuant to the permitting regulations and oversight of the San Bernardino County Division of Environmental Health Services. Compliance with applicable laws and regulations that would be required per the County’s permitting process would ensure that impacts related to removal and disposal of the septic systems would be less than significant.

Undocumented Hazardous Materials: The Modified Project site has a long history of various uses that includes use and st orage of hazardous materials. As a result, there is the potential for undocumented hazardous material to exist onsite. However, the existing federal and state regulations related to hazardous materials and construction includes procedures to follow in the case hazardous materials are uncovered during construction activities. Thus, with implementation of existing regulations and Mitigation Measure HAZ -1, impacts related to upset or accident conditions involving the release of hazardous materials into the env ironment would be less than significant.

Operation: The risks related to upset or accident conditions involving the release of hazardous materials into the environment would be adequately addressed through compliance with existing federal, State, and local regulations. The Modified Project involves the construction of residential uses that would use and store common hazardous materials such as paints, solvents, and cleaning products. Normal routine use of these products pursuant to existing regulations would not result in a significant hazard to the environment, residents, or workers in the vicinity of the Modified Project. In addition, a WQMP is required to be implemented for the Modified Project (as further

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discussed in Section 5.6, Hydrology and Water Quality and included as PPP HYD-1). The BMPs that would be implemented as part of the WQMP would protect human health and the environment should any accidental spills or releases of hazardous materials occur during operation of the Modified Project.

Mitigation Measures:

Mitigation Measure HAZ-1: Site Management Plan (SMP). As listed previously.

Regulatory Requirements:

PPP HYD -1: National Pollutant Discharge Elimination System (NPDES). As listed previously.

Tribal Cultural Resources
Impact Finding: The City has considered the EIR, and its analysis of impacts to tribal cultural resources, and hereby finds that Modified Project would not cause a substantial adverse change in the significance of a tribal cultural resource, defined in Pub lic Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, that considers the significance of the reso urce to a California Native American tribe (Draft EIR 5.16-8).

The City hereby makes Finding 1 and determines that this impact is Less Than Significant with implementation of mitigation measures.

Facts in Support of Finding: The Modified Project site has been heavily disturbed. The proposed Modified Project involves excavation; however, no substantial evidence exists that tribal cultural resources (TCRs) are present in the Modified Project site. Although, no TCRs have been identified, the Gabrieleño Band of Mission Indians – Kizh Nation has previously requested Native American monitoring during ground disturbance and provided information on the proximity of known Native American village sites to the proposed Modified Project area. To avoid potential adverse effects to undiscovered TCRs, Mitigation Measure s TCR-1 and TCR-1a have been included to provide for Native American resource sensitivity training and to prescribe activities should any inadvertent discoveries of TCRs be unearthed by Modified Project construction activities.

Additionally, California Health and Safety Code, Section 7050.5 requires that if human remains are discovered in the Modified Project site, disturbance of the site shall halt and remain halted until the coroner has conducted an investigation. If the coroner determines that the remains are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. Therefore, with implementation of Mitigation Measures TCR-1 and TRC- 1a and the existing regulations, impacts to TCRs would be less than significant.

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Mitigation Measures:

Mitigation Measure CUL-1: Archaeological Resources. As listed previously.

Mitigation Measure TCR-1: Prior to commencement of any excavation activities, or the issuance of a grading permit and/or action that would permit site disturbance (whichever occurs first), the Project developer/Applicant shall provide a letter to the County of San Bernardino Planning Division/City of Chino Planning Division , or designee, and re tain a Native American Monitor from the Gabrieleño Band of Mission Indians Kizh-Nation to:
• Provide on-call services to address unanticipated prehistoric or tribal resources. The Native American Monitor shall be present at the pre -grading conference to esta blish procedures for tribal cultural resource surveillance.
• Conduct a Native American Indian Sensitivity Training for construction personnel. The training session shall include a handout and focus on how to identify Native American resources encountered during earthmoving activities and the procedures followed if resources are discovered, the duties of the Native American Monitor of Gabrieleño Ancestry, and the general steps the Monitor would follow in conducting a salvage investigation. • Monitor all Project-related, ground-disturbing construction activities (e.g., pavement removal, auguring, boring, grading, excavation, potholing, trenching, and grubbing) of previously undisturbed native soils. The Native American Monitor(s) shall be present on -site during the construction phases that involve ground disturbing previously undisturbed native soils and shall complete monitoring logs on a daily basis. The logs shall provide descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. The monitor(s) shall possess Hazardous Waste Operations and Emergency Response (HAZWOPER) certification. The on-site monitoring shall end when the Project site grading and excavation activities of previously undisturbed native soils are completed, or when the Tribal Representatives and monitor have indicated that the site has a low potential for tribal cultural resources. (**HAZWOPER certification is needed only if the site has hazardous concerns related to Mitigation Measure HAZ-1).
• Consult on unanticipated discovery of human remains and associated funerary objects:
o Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individu al human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. If funerary objects are discovered during grading or archeological excavations, they shall be treated in the same manner as bone fragments that remain intact and the construction contractor and/or qualified archeologist shall consult with the Gabrieleno Band of Mission Indians – Kizh Nation (Tribe). o As specified by California Health and Safety Code Section 7050.5, if human remains are found on the Project site during construction or during archaeological work, the County Coroner’s office shall be immediately notified and no further excavation or

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disturbance of the discovery or any nearby area reasonably suspected to overlie adjacent remains shall occur until the Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98 The Coroner would determine within two working days of being notified, if the remains are subject to his or her authority. If the Coroner recognizes the remains to be Native American, he or she shall contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC would make a determina tion as to the Most Likely Descendent. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains shall be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard shall be posted outside of working hours. If the remains are Native American, the Tribe shall make every effort to recommend diverting the Project an d keeping the remains in situ and protected. If the Project cannot be diverted, it may be determined that burials shall be removed and the Project applicant/developer shall arrange a designated site location within the footprint of the project for the resp ectful reburial of the human remains and/or ceremonial objects, if possible. The Tribe shall work closely with the qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the T ribe, documentation shall be taken which includes at a minimum detailed descriptive notes and sketches. Additional types of documentation shall be approved by the Tribe for data recovery purposes.

Cremations shall either be removed in bulk or by means as n ecessary to ensure complete recovery of all material. If the discovery of human remains includes 4 or more burials, the location is considered a cemetery and a separate treatment plan shall be created. The Project developer/Applicant shall consult with the Tribe regarding avoidance of all cemetery sites. Once complete, a final report of all activities shall be submitted to the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive diagnostics on human remains. o Each occurrence of human remains and associated funerary objects shall be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony shall be removed to a secure container on site if possible. These items shall be retained and reburied within six months of recovery.

The site of reburial/repatriation shall be on the Project site but at a location mitigated between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered.

Mitigation Measure TCR-1a: Retain a Native American Monitor Prior to Commencement of Ground Disturbance
A. The Project Applicant/Developer shall retain a Native American monitor from (or approved by) the the Gabrieleno Band of Mission Indians -Kizh Nation (“Tribe”). The monitor shall be retained prior to the commencement of any “ground-disturbing activity” fo r the subject Project, at all Project locations (i.e., both on -site and any off -site locations that are included in the Project

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description/definition and/or required in connection with the Project, such as public improvement work). “Ground -disturbing activity” includes, but is not limited to, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. Monitors from the Gabrieleno Band of Mission Indians-Kizh Nation shall provide Native America monitoring services.

B. The Project Applicant/Developer shall provide documentation of its retention of a Native American monitor, as provided in Mitigation Measure TCR -1, to the County Planning Department/City Planning Division prior to the earlier of the commencement of any ground-disturbing activity for the project, or the issuance of any permit necessary to commence a ground-disturbing activity.

C. The Project Applicant/Developer shall provide the Tribe with a minimum of 15 days advance written notice of the commencement of any project ground-disturbing activity so that the Tribe has sufficient time to secure and schedule a monitor for the project.

D. The Project Applicant/Developer shall hold at least one pre -construction sensitivity/educational meeting p rior to the commencement of any ground - disturbing activities, where at a senior member of the Tribe(s) will inform and educate the Project’s construction and managerial crew and staff members (including any Project subcontractors and consultants) about th e TCR mitigation measures and compliance obligations, as well as places of significance located on the Project site (if any), the appearance of potential TCRs, and other informational and operational guidance to aid in the Project’s compliance with the TC R mitigation measures. The Native American Tribe(s) shall be notified of and allowed to attend the pre -grading meeting with the County/City and Project construction contractors and/or monitor all Project mass grading and trenching activities. In the event that suspected tribal cultural resources are unearthed, the Native American Tribe(s) shall have the authority to redirect earth moving activities in the affected area.

E. The monitor will complete daily monitoring logs that will provide descriptions of th e relevant ground -disturbing activities, the type of construction activities performed, locations of ground -disturbing activities, soil types, cultural -related materials, and any other facts, conditions, materials, or discoveries of significance to the Tri be. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project applicant/Lead Agency upon written request.

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involve ground-disturbing activities on the project site and at any off -site Project location are complete; or (2) written notice by the Tribe to the Project Applicant/Developer and the County Planning Department/City Planning Division that no future, planned construction activity and/or development/construction phase (known by the Tribe at t hat time) at the Project site and at any off -site project location possesses the potential to impact TCRs.

G. Any and all archaeological or cultural documents created as a part of the Project (isolate records, site records, survey reports, testing report s, etc.) shall be supplied to the Project Applicant/Developer and the County Planning Department/City Planning Division for dissemination to the Gabrieleno Band of Mission Indians - Kizh Nation. The County Planning Department/City Planning Division and/or Project Applicant/Developer shall, in good faith, consult with the Tribe until all ground disturbing activities of the Project are completed.

6. FINDINGS FOR GROWTH INDUCEMENT
Section 15126.2(e) of the State CEQA Guidelines requires the EIR to address the growth-inducing impact of the Modified Project. Draft EIR Section 5.10 evaluates the potential for the Modified Project to affect economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding envir onment. The proposed Modified Project would install new o ffsite sewer infrastructure systems and upon approvals, would connect to existing offsite systems that currently have capacity to serve the Yorba Villas residential units and surrounding area. The ne w offsite infrastructure would not provide additional capacity beyond what is needed to serve the Yorba Villas residential project . In addition, development of the proposed Modified Project would not result in an expansion of overall capacity, or extension of major infrastructure. Therefore, based on its consideration of the EIR, the City hereby finds infrastructure improvements would not result in significant growth inducing impacts.

7. FINDINGS FOR SIGNIFICANT IRREVERSIBLE EFFECTS
Section 15126.2(d) of the C EQA Guidelines requires that an EIR address significant irreversible environmental changes caused by the proposed Modified Project should it be implemented.

Generally, a project would result in significant irreversible environmental changes if one of the following scenarios is involved:
• The primary and secondary impacts would generally commit future generations to similar uses; • The project would involve a large commitment of nonrenewable resources; • The project would involve uses in which irreversible damage could result from any potential environmental accidents associated with the project; or • The consumption of irretrievable commitments of resources is not justified (e.g., the project involves the wasteful use of energy).

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The proposed Modified Project would not result in or contribute to any of the significant environmental changes mentioned above. The Modified Project would not involve a large commitment of nonrenewable resources as impacts related to energy were less than significant and would not involve the wasteful use of energy or result in an irreversible damage from any potential environmental accidents associated with the Modified Project . The Modified Project would develop offsite sewer infrastructure to serve residential homes that would not involve the use of hazardous materials. In addition, the Modified Project would not result in irreversible damages that could result from any potential en vironmental accidents as associated with the Modified Project.

8. FINDINGS PURSUANT TO CEQA GUIDELINES § 15162
Pursuant to CEQA Guidelines § 15162, the City hereby finds, on the basis of substantial evidence in light of the whole record, including but not limited to the Addendum prepared by the City and attached hereto as CEQA Findings Exhibit A and incorporated herein by reference, the following:
(a) No substantial changes are proposed in the Modified Project which will require major revisions of the EIR (SCH No. 2021060049) due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) No substantial changes have occurred with respect to the circumstances under whi ch the Modified Project is undertaken which will require major revisions of the EIR ( SCH No. 2021060049) due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (c) No new information of substantial importance, which was no known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete that shows that (i) the Modified Project will have one or m ore significant effects not discussed in the EIR, (ii) significant effects previously examined will be substantially more severe than shown in the EIR, (iii) mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce on or more significant effects of the Modified Project , but the Modified Project proponents decline to adopt the mitigation or alternative, or (iv) mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the Modified Project proponents decline to adopt the mitigation or alternative.

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CEQA FINDINGS EXHIBIT A

Addendum #1 To The
Final Environmental Impact Report
For The Yorba Villas Residential Project
SCH# 2020120545

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ADDENDUM #1 TO THE FINAL ENVIRONMENTAL

IMPACT REPORT FOR THE YORBA VILLAS

RESIDENTIAL PROJECT
SCH # 2020120545
June 2023
Responsible Agency:

City of Chino
13220 Central Avenue
Chino, CA 91710
Project Applicant:

Borstein Enterprises
11766 Wilshire Boulevard #820
Los Angeles, CA 90025
3333 Michelson Drive Suite 500
Irvine, CA 92612

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Contents
1 INTRODUCTION ........................................................................................................................................................ 1

1.1 REGULATORY SETTING ................................................................................................................................. 1 2 BACKGROUND ......................................................................................................................................................... 2 3 EXISTING SETTING ................................................................................................................................................... 3

3.1 PROJECT LOCATION ..................................................................................................................................... 3

3.2 EXISTING PROJECT SITE ................................................................................................................................ 3

3.3 EXISTING LAND USES AND ZONING DESIGNATION ............................................................................ 3

3.4 SURROUNDING LAND USES ........................................................................................................................ 3 4 PROJECT DESCRIPTION ........................................................................................................................................ 11

4.1 PREVIOUSLY APPROVED PROJECT OVERVIEW ................................................................................... 11

4.2 MODIFIED PROJECT OVERVIEW .............................................................................................................. 11 5 DISCRETIONARY APPROVALS, PERMITS, AND STUDIES ............................................................................... 11 6 CEQA ANALYSIS .................................................................................................................................................... 17 7 APPLICABLE APPROVED FEIR MITIGATION MEASURES ................................................................................ 24 8 DETERMINATION ................................................................................................................................................... 24 9 REFERENCES ............................................................................................................................................................ 25

Figures
Figure 1: Regional Location .............................................................................................................................................. 5 Figure 2: Local Vicinity ...................................................................................................................................................... 7 Figure 3: Aerial View ......................................................................................................................................................... 9 Figure 4: Approved Project Site Plan .......................................................................................................................... 13 Figure 5: Proposed Sewer Plan .................................................................................................................................... 15 Tables
Table 1: Surrounding Land Use and Zoning Designations .......................................................................................... 4 Table 2: Project Impacts ................................................................................................................................................. 19

Appendices
A. Air Quality and Greenhouse Gas Impact Analysis
B. Mitigation and Monitoring and Reporting Program

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1 INTRODUCTION

The City of Chino is considering approval for the pre-annexation agreement pursuant to which the city would provide sewer service to the Project Site and the applicant would support the potential annexation of the Project site from unincorporated San Bernardino County into the City of Chino for two parcels totaling 13.35-acres (Assessor’s Parcel Number (APN) 1013-211-21 and 2013-211- 22). The sewer service connection would be utilized to serve the Yorba Villas Residential Project (Tentative Tract Map No. 20394 ) approved by the County of San Bernar dino (County) in its capacity as CEQA Lead Agency . The City of Chino is a Responsible Agency for the Yorba Villas project and will utilize this document as evidence that the Modified Project which proposes to construct 1,432 feet of a 4-inch sewer lateral, 1,698 feet of an 8-inch sewer main in Yorba Avenue and 6 48-inch diameter sewer manholes per City of Chino standards qualifies for an Addendum, which is further described below.

1.1 REGULATORY SETTING
Pursuant to Section 21166 of the California Environmental Quality Act (CEQA) and Section 15162 of the State CEQA Guidelines, when an Environmental Impact Report (EIR) has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for the Modified Project unless the agency determines, on the basis of substantial evidence, that one or more of the following conditions are met:

1) Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
3) New information of substanti al importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was adopted shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR. b. Significant effects previously examined will be substantially more severe than identified in the previous EIR.
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponent declines to adopt the mitigation measures or alternatives. d. Mitigation measures or alternatives that are considerably different from those analyzed in the previous EIR would subs tantially reduce one or more significant effects on the environment, but the project proponent declines to adopt the mitigation measures or alternatives.

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Section 15164 of the State CEQA Guidelines states that an Addendum to an EIR shall be prepared if some changes or additions are necessary, but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.

On October 4, 2022 , an EIR was certified and the Yorba Villas Residential Proje ct Final Environmental Impact Report (Final EIR) was approved under Tentative Tact Map (TTM) No. 20394 (Approved Project) in October 2022 (SCH # 2020120545). The City has received a request to connect the Approved P roject to the City’s sewer line in Yorba Avenue , which is located directly southeast of the previously Approved Project (Modified Project). The Modified Project proposes to construct 1,432 feet of a 4-inch sewer lateral, 1,698 feet of an 8-inch sewer main in Yorba Avenue and 6 48-inch diameter sewer manholes per City of Chino standards.

This Addendum reviews the changes proposed by the Modified Project and any changes to the existing conditions that have occurred since the Final EIR was certified. It also reviews any new information of substantial importance that was not known and could n ot have been known with exercise of reasonable diligence at the time that the Approved Project was approved. It further examines whether, as a result of any changes or any new information, a subsequent MND or EIR may be required. This examination includes an analysis pursuant to the provisions of Section 21166 and Section 15162 of the State CEQA Guidelines, which includes an analysis of potential environmental impacts on a topic-by-topic basis.

On the basis of the findings of the Modified Project and the provisions of the State CEQA Guidelines, the City of Chino, as the Responsible Agency, determined that, as documented in this Addendum to the previously Certified Final EIR, no subsequent MND or EIR is required to review the Modified Project application.
2 BACKGROUND

The Approved Project authorizes the development and operation of a 45-unit residential project on approximately 13.35-acres. The Approved Project includes a County Policy Plan Amendment to increase the allowed density on the project site from Very Low Density Residential (VLDR) to Low Density Residential (LDR), Zoning Amendment to change the zoning from Single Residential 1-acre Minimum (RS -1) to Single R esidential (RS) , Planned Development Permit to allow for reduced setbacks from County Development Code Standards, and a TTM to subdivide the Project site into 45 numbered lots for residential use and 2 lettered lots for emergency vehicle access in the unincorporated area. The Approved Project was previously analyzed in the Final EIR certified by the County of San Bernardino in October 2022. The Approved Project can be identified with State Clearinghouse Number (SCH) 2020120545.

The certified Final EIR did not identify any significant and unavoidable impacts of the Approved Project. Environmental impacts considered less than significant with mitigation incorporated included:

Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, and Tribal Cultural Resources . Less than significant impacts included: Aesthetics, Agriculture, Air Quality, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise, Population and Housing, Public Services Recreation, Transportation, and Utilities.

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3 EXISTING SETTING

3.1 PROJECT LOCATION
The Project site is located at 4570 Francis Avenue (APNs 1013 -211-21 and 1013 -211-22) in unincorporated San Bernardino County within the City of Chino Sphere of Influence. Areas across from Francis Avenue (to the south) are within the City of Chino. Areas across from Yorba Avenue (to the east) are within unincorporated San Bernardino County . The site is located at the northwest corner of the intersection of Francis Avenue and Yorba Avenue. Regional access to the Project site is generally provided via State Route 60 (SR-60) at the Ramona Avenue exit. The regional location of the Modified Project site is shown in Figure 3-1, Regional Location. Local access to the Modified Project site is provided by Francis Avenue as shown in Figure 3-2, Local Vicinity.

3.2 EXISTING PROJECT SITE
The Project site consists of two parcels totaling 13.35-acres. The parcel on the corner of Francis and Yorba Avenue (the southeastern most portion of the Project site) was developed with a single-family residence; a guest cottage, swimming pool, storage shed, mobile home, bird cage area, and a horse stable, but in 2018 the owner demolished all structures, and the site is currently an empty lot.

The second parcel is adjacent to the first and is roughly divided into three sections: 1) the western section, 2) the middle section, and 3) the eastern section. The western portion of the site was developed with approximately 28 small single -family residences between 1938 and 1997. The structures in this area were demolished in 1997 (Tetra Tech 2016); however, some of the concrete slabs remain onsite. An aerial view of the Project site is shown as Figure 3-3, Aerial View.

In 1960, the central portion of the site was developed into a rabbit farm that operated until 2002.

Since the closure of the rabbit farm in 2002, the vacant portion of the site has been utilized as grazing land for goats raised on a nearby site. The middle section also contains numerous elongated slabs. The eastern section of the vacant parcel is undeveloped vacant land that was used for goat grazing.

3.3 EXISTING LAND USES AND ZONING DESIGNATION
As approved by the County, the Project site has an existing San Bernardino Countywide Plan land use designation of Low Density Residential ( LDR) which allows for a maximum of 2 to 5 dwelling units per acre and is zoned Single Residential (RS) that allows 4 dwelling units per acre.

3.4 SURROUNDING LAND USES
The Project site is located within an urban area that is either fully developed or planned for urban development.

North: The site is bound to the north by two homes on l arge unkept lots improved with butler buildings and storage areas within unincorporated San Bernardino County, designated as Very Low Density Residential and zoned Single Residential 1-Acre Minimum (RS-1).

South: The site is bound to the south by Francis Avenue followed by single-story residential housing.

The western portion of the street is within unincorporated San Bernardino County, designated as Very Low Density Residential and zoned Single Residential 1 -Acre Minimum (RS -1). The easterly portion is wi thin the City of Chino and zoned Residential two dwelling units per acre (RD 2) with homes on approximately 16,000 square foot lots.

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West: The site is bound to the west by several deep lots that have a mix of commercial storage, truck storage, goat keeping, and residences within unincorporated San Bernardino County, designated as Very Low Density Residential and zoned Single Residential 20,000 square foot (RS- 20M).

East: The site is bound to the east by Yorba Avenue followed by single -story residential housing within unincorporated San Bernardino County , designated as Very Low Density Residential and zoned Single Residential 1-Acre Minimum (RS-1).

Southeast: Residential housing within the City of Chino lies Southeast of the Project site, designated as Residential 4.5 units per acre (RD 4.5) with minimum 7,100 square foot lots.

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Regional Location
Figure 1

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Local Vicinity
Figure 2

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Figure 3

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4 PROJECT DESCRIPTION

4.1 PREVIOUSLY APPROVED PROJECT OVERVIEW

The Final EIR analyzed the 13.35-acre Project site which included a Policy Plan Amendment, Zoning Amendment, Planned Development Permit, and a TTM to allow for 45 numbered lots for residential use and 2 lettered lots for emergency vehicle access in the unincorporated area the County of San Bernardino within the City of Chino’s sphere of influence. The proposed lot sizes ranged from 7,861 square feet to 13,838 square feet, which would result in a density of 3.37 dwelling units per acre.

The Approved Project site plan is shown in Figure 4, Approved Project Site Plan.

The previously Approved Project Description can be found in Chapter 3 of the Yorba Villas Residential Project Public Review Draft EIR (SCH #2020120545) and Chapter 3 of the Final EIR which is incorporated herein.

The Approved Project included, and the Final EIR analyzed , the installation of an 8-inch private sewer line onsite that would use a lift station to connect to the existing 21-inch Inland Empire Utility Agency (IEUA) Regional Sewage System interceptor in Yorba Avenue. The Final EIR analyzed construction of an approximately 123-foot, 4-inch force main (Off-Site Sewer Line) to connect the On-Site Sewer Line directly to the adjacent IEUA trunk line, with retail wastewater collection service to be provided by the Monte Vista Water District (MVWD) and wholesale wastewater treatment service to be provided by IEUA under contract with MVWD . The Approved Project now, however, proposes to connect to the City of Chino’s existing sanitary sewer system via a City-owned, existing sewer line in Yorba Avenue accessible to the Project, with retail wastewater collection service to be provided by the City and wholesale wastewater treatment service to be provided by IEUA unde r contract with the City, as discussed in more detail in Section 4.2.

4.2 MODIFIED PROJECT OVERVIEW

The City of Chino is proposing the adoption of a pre-annexation agreement pursuant to which the city would provide sewer service to the Project Site and the applicant would support the potential annexation of the Project site from unincorporated San Bernardino County into the City of Chino.

The Modified Project would connect to the City of Chino sewer system, as shown in Figure 5, Proposed Sewer Plan. The Modified Project includes the construction and trenching of 1,432 feet of a 4 -inch sewer lateral, 1,698 feet of an 8 -inch sewer main in Yorba Avenue and six 48-inch diameter sewer manholes per City of Chino standards. The sewer main line extension in Yorba Avenue would allow for the Project site to connect to the existing sewer line in Yorba Avenue and receive sewer services from the City of Chino, with ultimate wastewater treatment being provided by IEUA under contract with the City of Chino.

5 DISCRETIONARY APPROVALS, PERMITS, AND STUDIES

The following discretionary approvals, permits, and studies are anticipated for implementation of the Modified Project:

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Pre-annexation agreement pursuant to which the city would provide sewer service to the Project Site and the applicant would support the potential annexation of the Project site from unincorporated San Bernardino County into the City of Chino.

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Figure 4
Approved Project Site Plan

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Figure 5

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6 CEQA ANALYSIS

If approved by the City of Chino, the Modified Project would be constructed and connect to the City of Chino sewer system. A summary of the Modified Project’s impacts are provided in Table 2 below.

Table 2: Modified Project Impacts
Environmental Topic Impacts
Aesthetics: The previously certified Final EIR determined the Approved Project would result in less than significant impacts. The site is within an urbanized area . Motorists traveling along Francis Avenue and Yorba Avenue experience partial, fleeting views of the San Gabriel Mountains and Chino Hills to the north and south, respectively. The Modified Project is not within the vicinity of a designated state scenic highway as shown in the California Department of Transportation’s (Caltrans) State Scenic Highway Mapping System. The Modified Project does not propose a building nor any structure that would physically obstruct views of the San Gabriel Mountains or Chino Hills. The Modified Project would not include additional sources of light and glare .

Therefore, the Modified Project would be consistent with findings from the Final EIR and no new impacts would occur.

Agriculture and Forest Resources: The previously certified Final EIR determined the Approved Project would result in no significant impacts. According to the California Department of Conservation’s Important Farmland Finder, the site is classified as Urban and Built -Up Land .

Additionally, the site is zoned as Single Residential, 1 -acre minimum (RS-1) and is not designated as agricultural or forest land. The Modified Project site is not currently being used for agricultural or foresting purposes. Therefore, the Modified Project is consistent with the findings in the Approved Project and no new impacts would occur.

Air Quality: The previously certified Final EIR determined the Approved Project would result in less than significant impacts. The trenching included with the proposed sewer line extension was analyzed and included as Appendix A to this addendum. The maximum daily regional emissions resulting from the trenching combined with the Approved Project emissions would not exceed SCAQMD thresholds as shown in Table 1 of Appendix A . The maximum daily local emissions generated by the trenching phase was combined with the emissions generated for the Approved Project.

As shown in Table 2 of Appendix A, the Modified Project would not exceed SCAQMD Localized Significance Thresholds (LSTs) when combined with the Approved Project. Thus, emissions would remain less than significant and no new impacts would occur.

Biological Resources: The previously certified Final EIR determined the Approved Project would result in less than significant impacts with mitigation incorporated. The General Biological Resources Assessment prepared for the Approved Project determined that the
Approved Project would result in less than significant impacts to

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candidate, sensitive, or special status species . In addition, the Approved Project site is not designated as a sensitive natural community nor a federally protected wetland. The Tree
Preservation Report prepared for the Approved Project
determined that the site does not contain trees protected by the County Development Code. The Modified Project does not
change the site boundary of the Approved Project. Therefore, the Modified Project would be consistent with the findings from the Final EIR. Due to the presence of ornamental trees onsite, mitigation measure BIO-1 from the Final EIR has been included to avoid construction activities during nesting bird season to the extent possible. If construction activities must occur during nesting season, a qualified biologist would perform a pre -construction survey for active migratory bird nests. If present onsite, no impacts within a specified buffer would be allowed to occur until the nest is deemed inactive. With implementation of mitigation measure BIO-1, impacts from the Modified Project would continue to be less than significant and no new impacts would occur.

Cultural Resources: The previously certified Final EIR determined the Approved Project would result in less and significant impacts with mitigation incorporated. The site is vacant and does not contain any existing structures on the site and would not result in impacts to historical resources. The Cultural Resource Assessment prepared for the Final EIR found that the closest cultural resource is within one mile of the site. Although no cultural resources have been identified on the site, construction activities would have the potential to disturb unknown archaeological resources on the site. Therefore, in the unlikely event that archaeological resources are encountered during grading activi ties, mitigation measure CUL-1 from the Final EIR has been included to ensure that an archaeological monitor is present during ground disturbing activities and a Treatment and Disposition Plan (TDP) be established prior to the commencement of ground disturbing activities to provide a process for infield treatment of inadverte nt discoveries. With implementation of CR-1, no new impacts would occur.

Energy: The previously certified Final EIR determined the Approved Project would result in less than significant impacts. The Modified Project would require a new sewer connection, which would require a negligible increase in construction energy consumption from the previously Approved Project. As determined in the Approved Project, construction would be required to comply with all existing regulations and would therefore not be expected to use fuel in a wasteful, inefficient, or unnecessary manner.

Therefore, with compliance with applicable construction regulation, the Modified Project would continue to have less than significant impacts related to construction energy consumption. In addition, with compliance to Title 24 requirements, o peration of the Approved Project was determined to be less than significant.

The Modified Project would not c hange the operational
characteristics of the Approved Project and is therefore consistent

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with what was analyzed in the Final EIR. No new impacts would occur.

Geology and Soils: The previously certified Final EIR determined the Approved Project would result in less than significant impacts with mitigation incorporated. The Modified Project site is not located in an Alquist-Priolo Fault Zone as shown in the California Department of Conservation’s California Earthquake Hazards Zone
Application. The site is subject to ground -shaking hazards from earthquakes on regional fault systems capable of producing moderate to severe ground shaking . However, t he Modified Project does not include the development of any structures, and therefore, would not result in impacts. As the Modified Project does not include any structures , impacts related to landslides, erosion/loss of topsoil, expansive soils , and seismic-related ground failure such as liquefaction would not occur.

The Cultural Resources Assessment prepared for the Approved Project included a paleontological resources overview and found that the site contains Quaternary alluvial fan deposits and that the Approved Project would be unlikely to encounter significant vertebrate fossils. However, deeper excavations could extend into older finer-grained Quaternary deposits that may encounter significant remains of fossil vertebrates. As such, mitigation measure GEO-1 from the Final EIR has been included to require the preparation of a Paleontological Resources Impact Mitigation Plan and implementation of paleontological monitoring during ground disturbance activities. With implementation of mitigation measure GEO-1, the Modified Project impacts would continue to be less than significant, and no new impacts would occur.

Greenhouse Gas Emissions: The previously certified Final EIR determined the Approved Project would result in less than significant impacts. GHG emissions from the c onstruction and operation of the Approved Project would be below SCAQMD thresholds. The trenching required for the Modified Project was analyzed and included in Appendix A to this addendum. The Modified Project would generate an additional 2 metric tons of carbon dioxide
equivalent (MTCO2e). Construction of t he Modified Project and Approved Project combined would result in a total of 696 MTCO2e (23 MTCO2e per year amortized over 30 years). Once operational, the Approved Project and Modified Project would result in 823 MTCO 2e per year which is below the SCAQMD significance threshold of 3,000 MTCO2e per year for residential projects. Thus, the Modified Project would be consistent with what was analyzed in the Final EIR and no new impacts would occur.

Hazards and Hazardous Materials: The previously certified Final EIR determined the Approved Project would result in less than significant impacts with mitigation incorporated. Operation of the Yorba Villas residential development would not require the substantial routine use of hazardous materials such that transport , disposal, or accidental release of such substances would result in a significant hazard to the public or environment. The Approved Project site is not within

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the vicinity of a school nor airport influence area. In addition, the Approved Project is not located on a site included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 nor a high fire hazard severity zone. The Modified Project would not change the site location or site boundary of the Approved Project ; therefore, no new impacts would occur. The Modified Project does not propose changes to the surrounding roadways or drive access. Therefore, the Modified Project would not result in impacts related to the impairment of an emergency response plan or evacuation plan.

Due to the presence of contaminated soils onsite, mitigation measure HAZ -1 from the Final EIR has been included to be implemented prior to and during construction. Mitigation measure HAZ-1 requires the preparation of a Site Management Plan (SMP) for the proper procedures and protocols to be taken during the excavation and disposal of the contaminated soils.

With implementation of mitigation measure HAZ-1, the Modified Project would be consistent with the findings from the Final EIR and would result in less than significant impacts.

Hydrology and Water Quality: The previously certified Final EIR determined the Approved Project would result in less than significant impacts. As determined in the Final EIR, with implementation of a storm water pollution prevention plan (SWPPP) and water quality management plan (WQMP), the Approved Project would result in less than
significant impacts related to water quality, erosion, and surface runoff. In addition, impacts related to conflicts with a water quality control plan or sustainable groundwater management plan would be less than significant with compliance to a WQMP.

The Modified Project does not propose the addition of any structures, impervious surfaces, or use of groundwater. Therefore, operation of the Modified Project would be consistent with what was analyzed in the Final EIR. In addition, construction of the sewer connection would be required to implement a SWPPP. As such, the Modified Project would be consistent with the findings from the Final EIR and would result in less than significant impacts related to hydrology and water quality . Thus, no new impacts would occur.

Land Use and Planning: The previously approved Final EIR determined the Approved Project would result in less than significant impacts. The Approved Project included a Zoning Map Amendment that would change the existing zoning designation from RS-1 (Single Residential 1- Acre Minimum) to RS (Single Residential) to implement the proposed residential Project.

The RS zone is designated for single-family residential uses with a maximum density of 4 units per acre. The Approved Project consists of development of 45 single-family residences. Although the density of the residences exceeds the allowed density by the existing RS -1 zone, with implementation of the proposed RS zoning designation, the Approved Project would not conflict with

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the zoning code. The Modified Project would not physically divide an established community or conflict with a land use plan, policy or regulation. . As such, the Modified Project would be consistent with the findings from the Final EIR and would result in less than significant impacts. Thus, no new impacts would occur.

Mineral Resources: The previously approved Final EIR determined the Approved Project would result in less than significant impacts. The San Bernardino County Countywide Plan designates the project site as being located within MRZ -3 which is an area containing mineral deposits and the significance can’t be evaluated. The site was previously used for residential uses and was not used for mineral extraction. As such, the Approved Project would not result in the loss of availability of a known mineral resource as the mineral resource was not previously available for extraction. The Modified Project is consistent with what was analyzed in the Final EIR and no impacts would occur.

Noise: The previously approved Final EIR determined the Approved Project would result in less than significant impacts. Construction of the Modified Project would be compliant with Section

9.40.040 of the City’s Noise Ordinance which limits construction between the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday. Additionally, operation of the Modified Project would not create any additional no ise that was not evaluated in the Approved Project Final EIR. Thus, no new impacts would occur.

Population and Housing: The previously approved Final EIR determined the Approved Project would result in less than significant impacts. The Approved Project would increase housing by approximately 0.0002
percent of the projected increase in households for the County and would redevelop the site with 45 single -family residences and would not displace a substantial number of existing people or housing. The Modified Project would not include the removal or construction of housing on the site. The Modified Project is consistent with what was analyzed in the Final EIR and no impacts would occur.

Public Services: The previously approved Final EIR determined the Approved Project would result in less than significant impacts. The increase in residents onsite for the Approved Project is limited and would not increase demands such that the existing two fire stations within 3 miles of the Project site would not be able to accommodate servicing the project in addition to its existing commitments, and provision of a new or physically altered fire station would be required that could cause environmental impacts . Although an incremental increase could result from implementation of the project, the need for law enforcement services from the proposed project would not be significant when compared to the current service levels of the San Bernardino County Sheriff Department and the small residential nature of the Approved Project. The Approved Project would pay fees to the Chino Valley Unified School District pursuant to Government Code Section 65995 et seq. The Proposed Project would not require employees or

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implement residential uses on the site, and therefore, would not result in any impacts related to public services. No new impacts would occur from the implementation of the Modified Project.

Recreation: The previously approved Final EIR determined t he Approved Project would result in less than significant impacts. the proposed project would involve the construction of 45 single -family residences onsite and would increase demand for neighborhood and regional parks. The Approved Project would include a 6,791-square foot onsite park including a turf play area and tot lot that would provide recreational facilities for residents. In addition, each residence would include a backyard that would provide additional space for recreation. The Proposed Project would not add additional square footage that would increase the use of recreational facilities. Thus, the Proposed Project would not increase the use of existing neighborhood and regional parks or other recreational facilities such th at substantial physical deterioration of the facility would occur or be accelerated. In addition, San Bernardino County Development Code Section

89.02.010 requires the developer dedicate lands or to pay fees in lieu thereof, or a combination of both, for park or recreational purposes. The Modified Project is consistent with what was analyzed in the Final EIR and no impacts would occur.

Transportation: The previously approved Final EIR determined the Approved Project would result in significant and unavoidable impacts.

Implementation of the Approved Project would result in both short-term construction traffic and long -term operational traffic.

However, as per the trip generation estimates in the approved scoping agreement, the project does not generate more than 100 trips during both the AM and PM peak hour. (EPD Solutions 2021).

The project also does not add more than 50 trips to any intersection during the AM and PM peak hours hence no
intersections are required to be analyzed. As the project screens out as per these criteria mentioned in the San Bernardino County Transportation Impact Guidelines, a Transportation Impact Study was not required for the proposed residential development and impacts related to conflicting with a program plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities would be less than significant. The Modified Project would not generate operational trips and construction r elated trips would be temporary and nominal due to the scope of the Modified Project. Thus, impacts would be less than significant and no new impacts would occur.

Tribal Cultural Resources: The previously approved Final EIR determined the Approved Project would result in less than significant impacts with mitigation.

As part of the AB52 SB18 process for the Yorba Villas Residential Project, the County distributed letters notifying nearby tribes of the opportunity to consult on the Approved Project and assist the County. The Gabrieleño Band of Mission Indians – Kizh Nation requested Native American Monitoring during ground
disturbance and provided information on the proximity of known Native American village sites near the Project area. Mitigation

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Measure TCR -1 was included to provide for Native American resource sensitivity training, monitoring, and to prescribe activities should any inadvertent discoveries of tribal cultural resources be unearthed by Project construction activities. The sewer main line trenching would be required to comply with the Approved Project Mitigation Measure TCR-1 and TCR-1a. With implementation of MM TCR-1 and TCR-1a, impacts would be less than significant and no new impacts would occur.

Utilities/Service Systems: The previously approved Final EIR determined the Approved Project would result in less than significant impacts.

The Modified Project would construct a sewer main that would connect to the City of Chino’s sewer system. The City of Chino operates and main tains a local sewer collection system that drains into trunk sewers owned by the Inland Empire Utilities Agency ( IEUA) that conveys the sewage to IEUA’s RP -
1wastewater treatment plant for treatment. This plant has a treatment capacity of 44 million gallons per day and treats an average wastewater flow of approximately 28 million gallons per day. The IEUA uses a wastewater demand rate of 270
gallons per day per housing unit. Therefore, the proposed 45 - unit residential project would generate an estimated 12,150 gallons per day which would be 0.03 percent of the total capacity of the treatment plant. Thus, the existing capacity of the wastewater treatment plant would be able to accommodate this increase. Therefore, implementation of the proposed Project would not result in impacts related to wastewater treatment provider capacity . The Modified Project would not require additional water infrastructure n or create waste . Therefore, no impacts would occur.

Wildfire: The previously approved Final EIR screened out wildfire in the Initial Study. During construction and long -term operation, the project would be required to maintain adequate emergency access for emergency vehicles via project roadways as required by the County. Adjacent areas to the project site are urbanized and do not contain hillsides or other factors that could exacerbate wildfire risks and result in exposure of persons to pollutant concentrations from a wildfire. Additionally, the project site is not within an area identified as a Fire Hazard Severity Zone as identified in the HZ-5 Fire Hazard Severity Zone Map within the Countywide Policy Plan that may contain substantial fire risk (Policy Plan 2020) . The additional trenching required for the Proposed Project would not interfere with an adopted emergency response plan or evacuation plan or exacerbate fire risks. Thus, no new impacts would occur.

The Modified Project would not result in further major modifications to the previously Approved Project. Therefore, Modified Project changes would not be anticipated to result in new or greater significant impacts beyond those identified in the previously adopted Final EIR and overall Modified Project impacts would be less than significant after mitig ation. The Modified Project would be

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required to comply with all applicable mitigation, local, State, and federal regulations and policies included in the approved environmental documentation.
7 APPLICABLE APPROVED FEIR MITIGATION MEASURES

The Modified Project would implement all mitigation measures included in the Mitigation Monitoring and Reporting Program ( MMRP) from the Final EIR. The MMRP has been modified to reflect the change in agency responsible for implementing the mitigation measures. With implementation, all impacts would be less than significant. Therefore, the Modified Project would not introduce any new Project-specific mitigation measures.
8 DETERMINATION

As set forth in State CEQA Guidelines Section 15164(b), an agency may prepare an addendum to a prior CEQA document: “An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.”

This Addendum is the appropriate CEQA documentation for the Project because:
• the Project does not change the land use that was previously approved, the impacts of which were previously analyzed in the Final EIR for the project approved under the County of San Bernardino;
• the Project would not permit an intensification of uses that would lead to increased environmental impacts beyond those that are already analyzed in the Final EIR; • the Project does not modify previously analyzed project in a substantive way; • no new Project-specific mitigation measures are required; • none of the conditions identified in Public Resources Code Section 21166 or Section 15162 of the CEQA Guidelines apply; and,
• no new significant adverse Project-specific or cumulative impacts in any environmental areas were identified, nor would any project-specific or cumulative impacts in any environmental areas be made worse as a result of implementing the Project.

Therefore, pursuant to State CEQA Guidelines Section 15164, this document serves as an Addendum to the Certified Final EIR prepared for the original Approved Yorba Villas Residential Project FEIR. It is the independent judgment of City of Chino Staff that the proposed changes to the Modified Project do not require the preparation of a subsequent MND or EIR as described in State CEQA Guidelines Section 15162.

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9 REFERENCES

2020/2021 Biological Assessment Update for Francis Avenue Residential Development Project located in San Bernardino County, California. Prepared by Hernandez Environmental Services, 2021 (Hernandez 2021). Appendix A.

Caltrans California Scenic Highway System Map (Caltrans 2019). Accessed:
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1 aacaa

City of Chino Municipal Code. Accessed:
https://library.municode.com/ca/chino/codes/code_of_ordinances

County of San Bernardino Countywide Plan. Accessed: http://countywideplan.com/wp- content/uploads/2020/08/CWP_PolicyPlan_PubHrngDraft_HardCopy_2020_July.pdf

County of San Bernardino Municipal Code. Accessed:
https://codelibrary.amlegal.com/codes/sanbernardino/latest/sanberncty_ca/0-0-0- 72092#JD_83.07.030

EPD Solutions, Inc. Air Quality and Greenhouse Gas Impact Analysis for the Sewer Trenching required for the Yorba Villas Residential Project. June 14, 2023. Appendix A.

General Biological Resources Assessment. Prepared by Psomas, 2016 (Psomas 2016).

Geotechnical EIR Due-Diligence Level Report (Geotechnical Report). Prepared by Leighton and Associates, Inc., 2019 (GEO 2019).

Inland Empire Utilities Agency Regional Water Recycling Plant No. 1. Accessed:
https://www.ieua.org/regional-water-recycling-plant-no-1/ Phase I Cultural and Paleontological Resources Assessment, 2020. Prepared by Material Culture Consulting (MCC 2020).

Phase I Environmental Site Assessment: 4664 and 4570 Francis Avenue Chino, California 91710 and Phase II Environmental Site Assessment: 4570 Francis Avenue Chino, California 91710, 2016. Prepared by Tetra Tech (Tetra Tech 2016).

Preliminary Hydrology Study for Tentative Tract No. 20394 (MDS 2021). Prepared by MDS Consulting, 2021.

Preliminary Water Quality Management Plan for Tentative Tract No. 20394 (APN 1013-211-21 and 1013-211-22) (WQMP 2021). Prepared by MDS Consulting, 2021.

San Bernardino County Geologic Hazards Maps. Accessed:
http://cms.sbcounty.gov/lus/planning/zoningoverlaymaps/geologichazardmaps.aspx San Bernardino Countywide Plan. Natural Resources Element. Accessed:
http://countywideplan.com/policy-plan/beta/nr/

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San Bernardino County Development Code. Accessed:
https://codelibrary.amlegal.com/codes/sanbernardino/latest/sanberncty_ca/0-0-0-77511

Tree Preservation Report for Yorba Villas Residential, Chino. Prepared by Arborgate Consulting, Inc., 2020

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Addendum Appendix A
AQ and GHG Impact Analysis

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This technical memorandum presents an analysis of the Air Quality and greenhouse gas (GHG) impact for the proposed Yorba Villas Residential Project Addendum, located on the northwest corner of Francis Avenue and Yorba Avenue in the County of San Bernardino. The City of Chino is proposing the adoption of a pre - annexation agreement pursuant to which the city would provide sewer service to the Project Site and the applicant would support the annexation of the Project site from unincorporated San Bernardino County into the City of Chino.

Upon approval of the pre -annexation agreement, the Project would be constructed and would connect to the City of Chino sewer system (Modified Project) . The Modified Project includes the construction and trenching of 1,432 feet of a 4-inch sewer lateral, 1,698 feet of an 8-inch sewer main in Yorba Avenue and six 48-inch diameter sewer manholes per City of Chino standards. The sewer main line extension in Yorba Avenue would allow for the Project site to connect to the existing sewer line in Yorba Avenue and receive sewer services from the City of Chino. The project site is shown in Figure 1 Project Site. To support the CEQA document for the proposed project, this report analyzes the proposed project’s construction and operational impacts to air quality (emission of criterial pollutants) emissions using the California Emissions Estimator Model (CalEEMod) land use emission model.

Summary of Air Quality, Energy and GHG Impact
Air Quality:

The project’s maximum daily emissions (regional and local) for the added trenching would not exceed the emissions disclosed in the Approved EIR; therefore, the project would continue to have a less than significant construction air quality impact.

GHG:

The additional trenching would generate 2 MTCO2e, which when added to the total construction GHG emissions from the Approved EIR would result in 696 MTCO2e (23 MTCO2e per year amoritized over 30 years). When added to the Approved EIR total operational GHG emissions, the project with additional trenching would result in 823 MTCO2e per year , below the SCAQMD Significance threshold of 3,000 MTCO2e per year for residential projects. Therefore, the project would continue to have a less then significant impact on GHG emissions.

To: City of Chino Planning Division
From: Alex J. Garber
Date: 6/14/2023
Re: Air Quality and Greenhouse Gas Impact Analysis for the Sewer Trenching required for the Yorba Villas Residential Project

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Air Quality Impact Tables
Regional Emissions
The SCAQMD has adopted maximum daily emission thresholds 1 (pounds/day) for the criteria pollutants during construction and operation of a project. While incremental regional air quality impacts of an individual project are generally very small and difficult to measure, SCAQMDs regional maximum emission thresholds set standards to reduce the burden of SCAQMD to attain and maintain ambient air quality standards. The regional thresholds apply to the criteria pollutants mentioned above and can be found in Table 1: Regional Construction Emissions Estimates and Table 2 : Regional Operational Emissions Estimates along with the CalEEMod projects emissions. These emission thresholds include the project emissions generated both from onsite sources (such as off -road construction equipment and fugitive dust) and offsite source s (vehicle travel leaving and arriving to the site). Table 1 shows the daily emissions generated by the trenching phase, as well as the maximum daily emissions disclosed in the Approved EIR. As can be seen in Table 1, the trenching phase would result in lower daily emissions than disclosed in the Approved EIR and would continue to result in less than significant regional air quality impacts.

Table 1. Additional Trenching Regional Construction Emission Estimates Construction Activity
Maximum Daily Regional Emissions
(pounds/day)
ROG NOx CO SOx PM10 PM2.5
Trenching 1.2 9.1 13.0 0.0 0.8 0.4
Maximum Daily
Emission from the
Approved EIR

28.2 45.5 31.7 0.1 9.3 5.8
SCAQMD
Significance
Thresholds
75 100 550 150 150 55
Threshold
Exceeded? No No No No No No

Local Emissions
Localized significance thresholds (LSTs) were also adopted by the SCAQMD due to project -related construction or operational air emissions having the potential to exceed the state and national air quality standards in the project vicinity, while not exceeding the regional emission significance thresholds adopted by the SCAQMD. These thresholds set the maximum rates of daily construction or operational emissions from a project site that would not exceed a national or State ambient air quality standard 2. The differences between regional thresholds and LSTs are as follows:

1. Regional thresholds include all sources of project construction and operational emissions generated from onsite and offsite emission sources whereas the LSTs only consider the emissions generated from onsite emission sources.

2. LSTs only apply to CO, NOx, PM10, and PM2.5, while regional thresholds include both ROG and SOx.

1 SCAQMD April 2019. Found on 9/3/2020 at http://www.aqmd.gov/docs/default- source/ceqa/handbook/scaqmd-air-quality-significance-thresholds.pdf 2 SCAQMD 2008: Final Localized Significance Threshold Methodology. Referenced on 9/3/2020 at http://www.aqmd.gov/docs/defaultsource/ceqa/handbook/localized-significance-thresholds/final-lst- methodology-document.pdf

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3. Regional Thresholds apply to emission sources located anywhere within the SCAQMD whereas the LSTs are location dependent and also depend on the size of the project, and emission location relative to the nearest sensitive receptor.

A sensitive receptor is defined as an individual who is most su sceptible to negative health affects when exposed to air pollutants including children, the elderly, and adults with chronic health issues. Such receptors include residences, schools, elderly care centers, and hospitals. SCAQMD provides screening look up tables (Appendix C of the SCAQMD 2008 Final Localized Significance Threshold Methodology)3 for projects that disturb less than or equal to 5 acres in size in a day. These tables were created to easily determine if the daily emissions of NOx, CO, PM10, and PM2.5 from a project could result in a significant impact to the local air quality. The thresholds are determined by:
• Source receptor area (SRA), the geographic area within the SCAQMD that can act as both a source of emissions and a receptor of emission i mpacts (project is located within SRA 33, Southwest San Bernardino Valley),
• Size of the project,
• Distance to the nearest sensitive receptor.

The phase with the most significant impact is the site preparation phase, which would grade 3.5 acres per day, so 3.5 acres were used for the look up tables. T he thresholds between 2 acres and 5 acres from Appendix C were interpolated as the tables give thresholds for 2-acre and 5-acre sites. Distance to the nearest sensitive receptor also determines the emission thresholds. The sensitive receptors closest to the project include residential homes across Yorba Avenue and Francis Avenue and on the project boundary, about 20 feet, to the west and north . These receptors (distance from the project property line to the residential structure) are less than the minimum distance provided in the lookup tables (25 meters). Therefore, 25 meters (82 feet) was used. Table 3: Localized Construction Emission Estimates shows the thresholds and estimated maximum daily construction emissions for the proposed project.

Table 2 shows the maximum daily local emissions generated by the trenching phase, as well as the maximum daily emissions disclosed in the Approved EIR. As shown in Table 2, the trenching phase would result in lower emissions than disclosed in the Approved EIR and would continue to have less than significant localized construction air quality impact.

Table 2. Additional Trenching Localized Construction Emission Estimates Construction Activity
Maximum Daily Local Emissions
(pounds/day)
NOx CO PM10 PM2.5
Trenching 8.9 10.8 0.4 0.3
Maximum Daily Emission from the
Approved EIR 46.4 30.9 9.1 5.8
SCAQMD Significance Thresholds 220 1,713 11 7
Threshold Exceeded? No No No No

Greenhouse Gas
SCAQMD has convened a Greenhouse Gas Emissions (GHG) CEQA Significance Threshold Working Group to help lead agencies determine significance thresholds for GHG emissions when SCAQMD is not the lead

3 SCAQMD 2008: Final Localized Significance Threshold Methodology Appendix C. Referenced on 9/16/2020 at http://www.aqmd.gov/docs/default-source/ceqa/handbook/localized-significance-thresholds/appendix-c-mass- rate-lst-look-up-tables.pdf?sfvrsn=2

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agency. The last working group was held September 2010 (Mee ting No. 15) 4 and proposed a tiered approach, equivalent to the existing consistency determination requirements in CEQA Guidelines Sections 15064(h)(3), 15125(d), or 15152(a). The most recent proposal issued in Meeting No. 15 uses a tiered approach, Tier 1 to Tier 5, to evaluate potential GHG impacts from various uses. This assessment will apply the Tier 3: Numerical Screening Thresholds approach. Tier three consists of screening values, which the lead agency can choose, but must be consistent with all pro jects within its jurisdiction. A project’s construction emissions are averaged over 30 years and are added to the project’s operational emissions. If a project’s emissions are below one of the following screening thresholds, then the project impact would be is less than significant:

• Option 1: All land use types: 3,000 MT CO2e per year
• Option 2: Based on land use type: residential: 3,500 MT CO 2e per year; commercial: 1,400 MT CO2e per year; or mixed use: 3,000 MT CO2e per year

Executive Order S-3-05’s year 2050 goal is the basis of SCAQMD’ draft Tier 3 screening level thresholds.

The objective of the Executive Order is to contribute to capping worldwide CO2 concentrations at 450 ppm, stabilizing global climate change. The County of San Bernardino utilizes option 1, and therefore the threshold is 3,000 MT CO2e per year.

The trenching phase and the project’s construction GHG emissions disclosed in the Approved EIR are shown in Table 3. Table 4 shows the updated amortized emissions added to the operational emissions disclosed in the Approved EIR. As shown in Table 4, the addition of GHG emissions generated the trenching phase to the GHG emissions disclosed in the Approved EIR would continue to have a less than significant GHG impact.

Table 3. Approved EIR Project Construction GHG Emissions with additional Trenching Activity Annual GHG Emissions
(MTCO2e)
Trenching 2
Total Construction
Emissions from
Approved EIR
694
Total Construction
Emissions
696
Total Emissions
Amortized Over 30
Years
23 4 SCAQMD 2010. Minutes of the GHG CEQA Significance Threshold Stakeholder Working Group #15. Referenced on 9/21/2020 at: http://www.aqmd.gov/docs/default-source/ceqa/handbook/greenhouse-gases-(ghg)-ceqa- significance-thresholds/year-2008-2009/ghg-meeting-15/ghg-meeting-15-minutes.pdf

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Table 4. Approved EIR Project Total GHG Emissions with additional Trenching Activity Annual GHG Emissions
(MTCO2e)
Project Operational Emissions
Area 12
Energy 169
Mobile 572
Waste 27
Water 20
Total Project Gross
Operation Emissions
800
Project Construction
Emissions 23
Total Emissions 823
Significance Threshold 3,000
Threshold Exceeded? No

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6 Figure 1: Project Site

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7 CalEEMod Output Sheets

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Y orba Villas Residential Detailed Report
Table of Contents

1. Basic Project Information

1.1. Basic Project Information

1.2. Land Use Types

1.3. User-Selected Emission Reduction Measures by Emissions Sector

2. Emissions Summary

2.1. Construction Emissions Compared Against Thresholds

2.2. Construction Emissions by Y ear, Unmitigated

3. Construction Emissions Details

3.1. Trenching (2023) - Unmitigated

4. Operations Emissions Details

4.10. Soil Carbon Accumulation By Vegetation Type

4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated

4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated

4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated

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5. Activity Data

5.1. Construction Schedule

5.2. Off-Road Equipment

5.2.1. Unmitigated

5.3. Construction Vehicles

5.3.1. Unmitigated

5.4. Vehicles

5.4.1. Construction Vehicle Control Strategies

5.5. Architectural Coatings

5.6. Dust Mitigation

5.6.1. Construction Earthmoving Activities

5.6.2. Construction Earthmoving Control Strategies

5.7. Construction Paving

5.8. Construction Electricity Consumption and Emissions Factors

5.18. Vegetation

5.18.1. Land Use Change

5.18.1.1. Unmitigated

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5.18.1. Biomass Cover Type

5.18.1.1. Unmitigated

5.18.2. Sequestration

5.18.2.1. Unmitigated

6. Climate Risk Detailed Report

6.1. Climate Risk Summary

6.2. Initial Climate Risk Scores

6.3. Adjusted Climate Risk Scores

6.4. Climate Risk Reduction Measures

7. Health and Equity Details

7.1. CalEnviroScreen 4.0 Scores

7.2. Healthy Places Index Scores

7.3. Overall Health & Equity Scores

7.4. Health & Equity Measures

7.5. Evaluation Scorecard

7.6. Health & Equity Custom Measures

8. User Changes to Default Data

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1. Basic Project Information

1.1. Basic Project Information
Data Field Value
Project Name Y orba Villas Residential
Construction Start Date 1/1/2024
Lead Agency —
Land Use Scale Project/site
Analysis Level for Defaults County
Windspeed (m/s) 2.60
Precipitation (days) 9.20
Location 34.041646563075815, -117.70415388283972
County San Bernardino-South Coast
City Unincorporated
Air District South Coast AQMD
Air Basin South Coast
TAZ 5213
EDFZ 10
Electric Utility Southern California Edison
Gas Utility Southern California Gas
App Version 2022.1.1.13

1.2. Land Use Types
Land Use Subtype Size Unit Lot Acreage Building Area (sq ft) Landscape Area (sq ft)
Special Landscape
Area (sq
ft)
Population Description
Other Asphalt
Surfaces

4.30 Acre 4.30 0.00 0.00 — — —

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City Park 0.51 Acre 0.51 0.00 22,215 22,215 — —
Single Family
Housing

45.0 Dwelling Unit 8.81 87,750 527,079 — 149 —

1.3. User-Selected Emission Reduction Measures by Emissions Sector No measures selected

2. Emissions Summary

2.1. Construction Emissions Compared Against Thresholds Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Un/Mit. ROG NOx CO SO2 PM10T PM2.5T CO2e
Daily, Winter (Max) — — — — — — —
Unmit. 1.17 9.09 13.0 0.02 0.79 0.43 2,101
Average Daily (Max) — — — — — — —
Unmit. 0.03 0.25 0.36 < 0.005 0.02 0.01 57.8
Annual (Max) — — — — — — —
Unmit. 0.01 0.05 0.07 < 0.005 < 0.005 < 0.005 9.56
Exceeds (Daily Max) — — — — — — —
Threshold 75.0 100 550 150 150 55.0 —
Unmit. No No No No No No —
Exceeds (Average
Daily)
— — — — — — —
Threshold 75.0 100 550 150 150 55.0 —
Unmit. No No No No No No —
Exceeds (Annual) — — — — — — —
Threshold — — — — — — 3,000
Unmit. — — — — — — No

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2.2. Construction Emissions by Y ear, Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Y ear ROG NOx CO SO2 PM10T PM2.5T CO2e
Daily - Summer (Max) — — — — — — —
Daily - Winter (Max) — — — — — — —
2023 1.17 9.09 13.0 0.02 0.79 0.43 2,101
Average Daily — — — — — — —
2023 0.03 0.25 0.36 < 0.005 0.02 0.01 57.8
Annual — — — — — — —
2023 0.01 0.05 0.07 < 0.005 < 0.005 < 0.005 9.56

3. Construction Emissions Details

3.1. Trenching (2023) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location ROG NOx CO SO2 PM10T PM2.5T CO2e
Onsite — — — — — — —
Daily, Summer (Max) — — — — — — —
Daily, Winter (Max) — — — — — — —
Off-Road Equipment 1.01 8.89 10.8 0.02 0.36 0.33 1,658
Dust From Material
Mov
ement
— — — — 0.00 0.00 —
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Average Daily — — — — — — —
Off-Road Equipment 0.03 0.24 0.29 < 0.005 0.01 0.01 45.4 Dust From Material
Mov
ement
— — — — 0.00 0.00 —

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Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Annual — — — — — — —
Off-Road Equipment 0.01 0.04 0.05 < 0.005 < 0.005 < 0.005 7.52 Dust From Material
Mov
ement
— — — — 0.00 0.00 —
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Offsite — — — — — — —
Daily, Summer (Max) — — — — — — —
Daily, Winter (Max) — — — — — — —
Worker 0.17 0.20 2.26 0.00 0.42 0.10 443
Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Average Daily — — — — — — —
Worker < 0.005 0.01 0.07 0.00 0.01 < 0.005 12.3
Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Annual — — — — — — —
Worker < 0.005 < 0.005 0.01 0.00 < 0.005 < 0.005 2.04
Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00

4. Operations Emissions Details

4.10. Soil Carbon Accumulation By Vegetation Type

4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Vegetation ROG NOx CO SO2 PM10T PM2.5T CO2e

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Daily, Summer (Max) — — — — — — —
Total — — — — — — —
Daily, Winter (Max) — — — — — — —
Total — — — — — — —
Annual — — — — — — —
Total — — — — — — —

4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use ROG NOx CO SO2 PM10T PM2.5T CO2e
Daily, Summer (Max) — — — — — — —
Total — — — — — — —
Daily, Winter (Max) — — — — — — —
Total — — — — — — —
Annual — — — — — — —
Total — — — — — — —

4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Species ROG NOx CO SO2 PM10T PM2.5T CO2e
Daily, Summer (Max) — — — — — — —
Avoided — — — — — — —
Subtotal — — — — — — —
Sequestered — — — — — — —
Subtotal — — — — — — —
Removed — — — — — — —
Subtotal — — — — — — —

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— — — — — — — —
Daily, Winter (Max) — — — — — — —
Avoided — — — — — — —
Subtotal — — — — — — —
Sequestered — — — — — — —
Subtotal — — — — — — —
Removed — — — — — — —
Subtotal — — — — — — —
— — — — — — — —
Annual — — — — — — —
Avoided — — — — — — —
Subtotal — — — — — — —
Sequestered — — — — — — —
Subtotal — — — — — — —
Removed — — — — — — —
Subtotal — — — — — — —
— — — — — — — —

5. Activity Data

5.1. Construction Schedule
Phase Name Phase Type Start Date End Date Days Per Week Work Days per Phase Phase Description Utilities Trenching 12/4/2023 12/15/2023 5.00 10.0 —

5.2. Off-Road Equipment

5.2.1. Unmitigated

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Phase Name Equipment Type Fuel Type Engine Tier Number per Day Hours Per Day Horsepower Load Factor Utilities Dumpers/Tenders Diesel Average 2.00 8.00 16.0 0.38 Utilities Excavators Diesel Average 4.00 8.00 36.0 0.38 Utilities Plate Compactors Diesel Average 4.00 8.00 8.00 0.43 Utilities Skid Steer Loaders Diesel Average 1.00 8.00 71.0 0.37 Utilities Tractors/Loaders/Backh
oes
Diesel Average 2.00 8.00 84.0 0.37

5.3. Construction Vehicles

5.3.1. Unmitigated
Phase Name Trip Type One-Way Trips per Day Miles per Trip Vehicle Mix Utilities — — — —
Utilities Worker 32.5 18.5 LDA,LDT1,LDT2
Utilities Vendor — 10.2 HHDT,MHDT
Utilities Hauling 0.00 20.0 HHDT
Utilities Onsite truck — — HHDT

5.4. Vehicles

5.4.1. Construction Vehicle Control Strategies
Non-applicable. No control strategies activated by user.

5.5. Architectural Coatings
Phase Name Residential Interior Area Coated
(sq ft)
Residential Exterior Area Coated
(sq ft)
Non-Residential Interior Area
Coated (sq
ft)
Non-Residential Exterior Area
Coated (sq
ft)
Parking Area Coated (sq ft)

5.6. Dust Mitigation

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5.6.1. Construction Earthmoving Activities
Phase Name Material Imported (Cubic Y ards) Material Exported (Cubic Y ards) Acres Graded (acres) Material Demolished (sq. ft.) Acres Paved (acres) Utilities 0.00 0.00 0.42 0.00 —

5.6.2. Construction Earthmoving Control Strategies
Control Strategies Applied Frequency (per day) PM10 Reduction PM2.5 Reduction Water Exposed Area 3 74% 74%

5.7. Construction Paving
Land Use Area Paved (acres) % Asphalt
Other Asphalt Surfaces 4.30 100%
City Park 0.00 0%
Single Family Housing 0.50 0%

5.8. Construction Electricity Consumption and Emissions Factors kWh per Y ear and Emission Factor (lb/MWh)
Y ear kWh per Y ear CO2 CH4 N2O
2023 0.00 532 0.03 < 0.005

5.18. Vegetation

5.18.1. Land Use Change

5.18.1.1. Unmitigated
Vegetation Land Use Type Vegetation Soil Type Initial Acres Final Acres

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5.18.1. Biomass Cover Type

5.18.1.1. Unmitigated
Biomass Cover Type Initial Acres Final Acres

5.18.2. Sequestration

5.18.2.1. Unmitigated
Tree Type Number Electricity Saved (kWh/year) Natural Gas Saved (btu/year)

6. Climate Risk Detailed Report

6.1. Climate Risk Summary
Cal-Adapt midcentury 2040–2059 average projections for four hazards are reported below for your project location. These are under Representation Concentration Pathway (RCP) 8.5 which assumes GHG emissions will
continue to rise strongly through 2050 and then plateau around 2100.

Climate Hazard Result for Project Location Unit
Temperature and Extreme Heat 19.0 annual days of extreme heat Extreme Precipitation 5.10 annual days with precipitation above 20 mm Sea Level Rise 0.00 meters of inundation depth
Wildfire 0.00 annual hectares burned
Temperature and Extreme Heat data are for grid cell in which your project are located. The projection is based on the 98th historical percentile of daily maximum/minimum temperatures from observed historical
data (32 climate model ensemble from Cal-Adapt, 2040–2059 average under RCP 8.5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.

Extreme Precipitation data are for the grid cell in which your project are located. The threshold of 20 mm is equivalent to about ¾ an inch of rain, which would be light to moderate rainfall if received over a full day
or heavy rain if received over a period of 2 to 4 hours. Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.

Sea Level Rise data are for the grid cell in which your project are located. The projections are from Radke et al. (2017), as reported in Cal-Adapt (2040–2059 average under RCP 8.5), and consider different increments of
sea level rise coupled with extreme storm events. Users may select from four model simulations to view the range in potential inundation depth for the grid cell. The four simulations make different assumptions about expected rainfall and temperature are: Warmer/drier (HadGEM2-ES), Cooler/wetter (CNRM-CM5), Average conditions (CanESM2), Range of different rainfall and temperature possibilities (MIROC5). Each grid cell is 50 meters (m) by 50 m, or about 164 feet (ft) by 164 ft.

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Wildfire data are for the grid cell in which your project are located. The projections are from UC Davis, as reported in Cal-Adapt (2040–2059 average under RCP 8.5), and consider historical data of climate, vegetation,
population density, and large (> 400 ha) fire history. Users may select from four model simulations to view the range in potential wildfire probabilities for the grid cell. The four simulations make different assumptions about expected rainfall and temperature are: Warmer/drier (HadGEM2-ES), Cooler/wetter (CNRM-CM5), Average conditions (CanESM2), Range of different rainfall and temperature possibilities (MIROC5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.

6.2. Initial Climate Risk Scores
Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat 2 0 0 N/A
Extreme Precipitation N/A N/A N/A N/A
Sea Level Rise 1 0 0 N/A
Wildfire 1 0 0 N/A
Flooding N/A N/A N/A N/A
Drought N/A N/A N/A N/A
Snowpack Reduction N/A N/A N/A N/A
Air Quality Degradation 0 0 0 N/A
The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure
.

The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest
ability to adapt.

The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores do not include implementation of climate risk reduction measures.

6.3. Adjusted Climate Risk Scores
Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat 2 1 1 3
Extreme Precipitation N/A N/A N/A N/A
Sea Level Rise 1 1 1 2
Wildfire 1 1 1 2
Flooding N/A N/A N/A N/A
Drought N/A N/A N/A N/A
Snowpack Reduction N/A N/A N/A N/A

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Air Quality Degradation 1 1 1 2
The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure
.

The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores include implementation of climate risk reduction measures.

6.4. Climate Risk Reduction Measures

7. Health and Equity Details

7.1. CalEnviroScreen 4.0 Scores
The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state.

Indicator Result for Project Census Tract
Exposure Indicators —
AQ-Ozone 76.9
AQ-PM 93.2
AQ-DPM 17.5
Drinking Water 96.4
Lead Risk Housing 56.8
Pesticides 58.1
Toxic Releases 61.6
Traffic 6.28
Effect Indicators —
CleanUp Sites 46.1
Groundwater 22.1
Haz Waste Facilities/Generators 40.9
Impaired Water Bodies 12.5
Solid Waste 65.0

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Sensitive Population —
Asthma 41.7
Cardio-vascular 69.0
Low Birth Weights 37.2
Socioeconomic Factor Indicators —
Education 69.2
Housing 39.2
Linguistic 60.6
Poverty 58.9
Unemployment 30.9

7.2. Healthy Places Index Scores
The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state.

Indicator Result for Project Census Tract
Economic —
Above Poverty 49.96791993
Employed 62.92826896
Median HI 60.82381625
Education —
Bachelor's or higher 43.64172976
High school enrollment 100
Preschool enrollment 56.08879764
Transportation —
Auto Access 49.51879892
Active commuting 3.37482356
Social —
2-parent households 27.61452586

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Voting 55.43436417
Neighborhood —
Alcohol availability 57.3206724
Park access 14.83382523
Retail density 20.1334531
Supermarket access 18.27280893
Tree canopy 20.67239831
Housing —
Homeownership 81.7400231
Housing habitability 65.26369819
Low-inc homeowner severe housing cost burden 62.59463621 Low-inc renter severe housing cost burden 33.82522777
Uncrowded housing 54.63877839
Health Outcomes —
Insured adults 69.70358014
Arthritis 20.9
Asthma ER Admissions 53.9
High Blood Pressure 33.3
Cancer (excluding skin) 27.6
Asthma 55.1
Coronary Heart Disease 28.5
Chronic Obstructive Pulmonary Disease 42.5
Diagnosed Diabetes 39.3
Life Expectancy at Birth 38.8
Cognitively Disabled 44.8
Physically Disabled 18.7
Heart Attack ER Admissions 22.9

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Mental Health Not Good 57.3
Chronic Kidney Disease 35.4
Obesity 48.4
Pedestrian Injuries 70.7
Physical Health Not Good 47.6
Stroke 39.4
Health Risk Behaviors —
Binge Drinking 50.7
Current Smoker 63.1
No Leisure Time for Physical Activity 55.3
Climate Change Exposures —
Wildfire Risk 0.0
SLR Inundation Area 0.0
Children 51.6
Elderly 48.0
English Speaking 74.3
Foreign-born 33.9
Outdoor Workers 27.5
Climate Change Adaptive Capacity —
Impervious Surface Cover 78.6
Traffic Density 14.6
Traffic Access 23.0
Other Indices —
Hardship 40.6
Other Decision Support —
2016 Voting 66.8

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7.3. Overall Health & Equity Scores
Metric Result for Project Census Tract
CalEnviroScreen 4.0 Score for Project Location (a) 64.0 Healthy Places Index Score for Project Location (b) 48.0 Project Located in a Designated Disadvantaged Community (Senate Bill 535) Y es Project Located in a Low-Income Community (Assembly Bill 1550) No Project Located in a Community Air Protection Program Community (Assembly Bill 617) No a: The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state. b: The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state.

7.4. Health & Equity Measures
No Health & Equity Measures selected.

7.5. Evaluation Scorecard
Health & Equity Evaluation Scorecard not completed.

7.6. Health & Equity Custom Measures
No Health & Equity Custom Measures created.

8. User Changes to Default Data
Screen Justification
Land Use Used Lot Acreage from architectural plan set.

Construction: Construction Phases Only Utilities (Trenching) is analyzed.

Construction: Off-Road Equipment Added typical equipment used for trenching.

Construction: Dust From Material Movement Trenching consists of an 8 diameter sewer line requiring a trench that is 2.5 feet wide (based on Standard Specification
Section 02223 Trenching, Backfilling, and Compacting), 10 feet deep and 721.24 feet long (based on Sewer Improvement Plan).

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Yorba Villas Residential Project Addendum . Mitigation Monitoring and Reporting Program

City of Chino 4-1
Addendum to the Yorba Villas Residential Project FEIR
June 2023
Mitigation Monitoring and Reporting Program
1 Introduction
The California Environmental Quality Act (CEQA) requires a lead or public agency that approves or carries out a project for which an Environmental Impact Report has been certified which identifies one or more significant adverse environmental effects and w here findings with respect to changes or alterations in the project have been made, to adopt a “…reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment” (CEQA, Public Resources Code Sections 21081, 21081.6).

A Mitigation Monitoring and Reporting Program (MMRP) is required to ensure that adopted mitigation measures are successfully implemented for the Yorba Villas Reside ntial Project (Approved Project). The Yorba Villas Residential Project Addendum (Modified Project) would be required to implement the mitigation measures that were adopted by the County of San Bernardino and outlined below . The MMRP has been modified to include the City of Chino and County of San Bernardino to reflect the potential annexation of the Project site. The County of San Bernardino is responsible for implementation of the MMRP as the Yorba Villas Residential Project was approved by the County. However, upon annexation, the City of Chino would be responsible for implementation of the MMRP. Thus, t his report describes the MMRP for the Project and identifies the parties that will be responsible for monitoring implementation of the indivi dual mitigation measures in the MMRP.
2 Mitigation Monitoring and Reporting Program
The MMRP for the Project will be active through all phases of the Project, including design, construction, and operation. The attached table identifies the mitigation program required to be implemented by the County and/or City of Chino for the Approved Yorba Villas Residential Project and Modified Project . The table identifies the Project Design Features; Regulatory Requirements (RRs); and mitigation measures required by the C ounty and/or City of Chino to mitigate or avoid significant adverse impacts associated with the implementation of the Project, the timing of implementation, and the responsible party or parties for monitoring compliance.

The MMRP also includes a column that will be used by the co mpliance monitor (individual responsible for monitoring compliance) to document when implementation of the measure is completed. As individual Plan, Program, Policies; and mitigation measures are completed, the compliance monitor will sign and date the MMRP, indicating that the required actions have been completed.

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June 2023
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Addendum to the Yorba Villas Residential Project FEIR
June 2023
TABLE 1: MITIGATION MONITORING AND REPORTING PROGRAM

THE BLLOMINGTON BUSINESS PARK PROJECT EIR
Regulatory Requirement /Project Design Feature/ Mitigation Measure Timing Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials

BIOLOGICAL RESOURCES
MM BIO-1: Nesting Birds. To the extent possible, construction activities (i.e., demolition, earthwork, clearing, and grubbing) within the Project site and offsite infrastructure areas, shall occur outside of the general bird nesting season for migratory birds, which is March 15 through August 31 for songbirds and January 1 through August 31 for raptors.

If construction activities (i.e., earthwork, clearing, and grubbing) must occur during the general bird nesting season for migratory songbirds (March 15 through August 31) and raptors (January 1 to August 31), a qualified biologist shall perform a pre-construction survey of potential nesting habitat to confirm the absence of active nests belonging to migratory birds and raptors afforded protection under the MBTA and California Fish & Game Code. The pre-construction survey shall be performed no more than three days prior to the commencement of construction activities. The results of the pre-construction survey shall be documented by the qualified biologist. If construction is inactive for more than seven days, an additional survey shall be conducted.

If the qualified biologist determines that no active migratory bird or raptor nests occur, the activities shall be allowed to proceed without any further requirements. If the qualified biologist determines that an active migratory bird or raptor nest is present, no impacts within 300 feet (500 feet for raptors) of the active nest shall occur until the young have fledged the nest and the nest is confirmed to no longer be active, or as determined by the qualified biologist. The biological monitor may modify the buffer or propose other recommendations in order to minimize disturbance to nesting birds.

In Design Plans and
Specifications. Prior to
Grading Permits
County of San Bernadino
Building and Safety
Division/City of Chino
Building and Safety Division

CULTURAL RESOURCES
MM CUL -1: Archaeological Resources : Prior to the issuance of the first grading permit, the Applicant shall provide a letter to the County of San Bernardino Planning Division /City of Chino Planning Di vision, or designee, In Construction Plans and
Specifications. Prior to
Grading Permits.

County of San Bernadino
Building and Safety/City of

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Addendum to the Yorba Villas Residential Project FEIR
June 2023
Regulatory Requirement /Project Design Feature/ Mitigation Measure Timing Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
from a qualified professional archeologist meeting the Secretary of Interior’s Professional Qualifications for Archaeology as defined at 36 CFR Part 61, Appendix A stating that the archeologist has been retained to provide on-call services in the event archeological resources are discovered. The archeologist shall be present a t the pregrading conference to establish procedures for archeological resource surveillance. In the event a previously unrecorded archaeological deposit is encountered during construction, all activity within 50 feet of the area of discovery shall cease and the County and/or City shall be immediately notified. The archeologist shall be contacted to flag the area in the field and shall determine, in consultation with the County and/or City and the Gabrieleño Band of Mission Indians Kizh-Nation, if the archaeological deposits meet the CEQA definition of historical (State CEQA Guidelines 15064.5(a)) and/or unique archaeological resource (Public Resources Code 21083.2(g)). If the find is considered a “resource” the archaeologist shall pursue either protection in place or recovery, salvage and treatment of the deposits. Recovery, salvage and treatment protocols shall be developed in accordance with applicable provisions of Public Resource Code Section 21083.2 and State CEQA Guidelines 15064.5 and 15126.4 in consul tation with the County and/or City and the Gabrieleño Band of Mission Indians Kizh- Nation. Per CEQA Guidelines Section 15126.4(b)(3), preservation in place shall be the preferred means to avoid impacts to archaeological resources qualifying as historical r esources. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C). If unique archaeological resources cannot be preserved in place or left in an undisturbed state, recovery, salvage and treatment shall be required at the developer/applicant’s expense. All recovered and salvaged resources shall be prepared to the point of identification and permanent preservation by the archaeologist. Resources shall be identified and curated into an established accredited professional repository. The archaeologist shall ha ve a repository agreement in hand prior to initiating recovery of the resource. Excavation as a treatment option will be restricted to those parts of the unique archaeological resource that would be damaged or destroyed by the Project.

Chino Building and Safety
Division

GEOLOGY AND SOILS

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Regulatory Requirement /Project Design Feature/ Mitigation Measure Timing Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
MM GEO-1: Paleontological Resources
Prior to the issuance of the first grading permit, the Applicant shall provide a letter to the County of San Bernardino Planning Division and/or City of Chino Planning Division, or designee, from a paleontologist selected from the roll of qualified paleontologists maintained by the County and/or City, stating that the paleontologist has been retained to provide services for the Project. The paleontologist shall develop a Paleontological Resources Impact Mitigation Plan (PRIMP) to mitigate the potential impa cts to unknown buried paleontological resources that may exist onsite for the review and approval by the County and/or City. The PRIMP shall require that the paleontologist be present at the pre -grading conference to establish procedures for paleontological resource surveillance. The PRIMP shall also require periodic paleontological spot checks if excavation reaches or exceeds depths of five feet in areas mapped as Quaternary alluvium.

In the event paleontological resources are encountered, ground -disturbing activity within 50 feet of the area of the discovery shall cease. The paleontologist shall examine the materials encountered, assess the nature and extent of the find, and recommend a course of action to further investigate and protect or recover and sa lvage those resources that have been encountered.

Recovery, salvage, and treatment shall be done at the Applicant’s expense.

All recovered and salvaged resources shall be prepared to the point of identification and permanent preservation by the paleontologist. Resources shall be identified and curated into an established accredited professional In Project Construction
Plans and Specifications.

Prior to Construction
Permits.

County of San Bernadino
Building and Safety
Division/City of Chino
Building and Safety Division

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Verification
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repository. The paleontologist shall have a repository agreement in hand prior to initiating recovery of the resource.

HAZARDS AND HAZARDOUS MATERIALS
MM HAZ-1: Prior to issuance of a grading permit, a Site Management Plan (SMP) shall be prepared by a qualified hazardous materials consultant and shall detail procedures and protocols for excavation and disposal of onsite hazardous materials, including:
• A certified hazardous waste hauler shall re move all potentially hazardous soils. Excavation of contaminated soils shall be to the depth of approximately 5 feet below the existing ground surface in areas identified in the Phase I and Phase II Environmental Site Assessment (Tetra Tech 2016). In addit ion, sampling of soil shall be conducted during excavation in the southern and western portions of the site, in areas identified in the Phase I and Phase II Environmental Site Assessment (Tetra Tech 2016), to ensure residential Regional Screening Levels ar e not exceeded. Excavated materials shall be transported per California Hazardous Waste Regulations to a landfill permitted by the state to accept hazardous materials.
• Any subsurface materials exposed during construction activities that appear suspect of contamination, either from visual staining or suspect odors, shall require immediate cessation of excavation activities. Soils suspected of contamination shall be segregated from other soils to be tested for potential contamination. If contamination is found to be present per Environmental Screening Levels (ESLs), any further proposed groundbreaking activities within areas of identified or suspected contamination shall be conducted according to California Hazardous Waste Regulations.
• A Health and Safety Pla n (HSP) shall be prepared for each contractor that addresses potential safety and health hazards and includes the requirements and procedures for employee protection. The HSP shall also outline proper soil handling procedures and health and safety In Construction Plans and
Specifications. Prior to
Grading Permits
County of San Bernadino
Building and Safety
Division/City of Chino
Building and Safety Division

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Verification
Date Completed and
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requirements to minimize worker and public exposure to hazardous materials during construction.
• All SMP measures shall be printed on the construction documents, contracts, and Project plans prior to issuance of grading permits.

HYDROLOGY AND WATER QUALITY
PPP HYD -1: National Pollutant Discharge Elimination System (NPDES).

Projects will be constructed in accordance with the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, NPDES No. CAS000002. Compliance requires a risk assessment, a SWPPP, and associated BMPs.

In Construction Plans and
Specifications. Prior to
Demolition, Grading, and
Construction Permits
County of San Bernadino
Building and Safety
Division/City of Chino
Building and Safety Division

PPP HYD-2: Santa Ana RWQCB MS4 Permit. Projects will be constructed and operated in accordance with the Santa Ana RWQCB Municipal Stormwater (MS4) Permit for the part of the Santa Ana Basin in San Bernardino County in 2010 (Order No. R8-2010-0036). The MS4 Permit requires new development and redevelopment projects to adopt a WQMP to:
• Control contaminants into storm drain systems
• Educate the public about stormwater impacts
• Detect and eliminate illicit discharges
• Control runoff from construction sites
• Implement BMPs and site-specific runoff controls and treatments

In Construction Plans and
Specifications. Prior to
Demolition, Grading, and
Construction Permits
County of San Bernadino
Building and Safety
Division/City of Chino
Building and Safety Division

TRIBAL CULTURAL RESOURCES
Mitigation Measure CUL-1: Archaeological Resources, listed previously. In Construction Plans and Specifications. Prior to
Grading and
Construction Permits
County of San Bernadino
Planning Division and
Building and Safety
Division/City of Chino
Planning Division and
Building and Safety Division

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Mitigation Measure TCR -1: Prior to commencement of any excavation activities, or the issuance of a grading permit and/or action that would permit site disturbance (whichever occurs first), the Project developer/applicant shall provide a letter to the County of San Bernardino Plann ing Division and/or City of Chino Planning Division , or designee, and retain a Native American Monitor from the Gabrieleño Band of Mission Indians Kizh-Nation to:
• Provide on-call services to address unanticipated prehistoric or tribal resources. The Native American Monitor shall be present at the pre- grading conference to establish procedures for tribal cultural resource surveillance.
• Conduct a Native American Indian Sensitivity Training for construction personnel. The training session shall include a hand out and focus on how to identify Native American resources encountered during earthmoving activities and the procedures followed if resources are discovered, the duties of the Native American Monitor of Gabrieleño Ancestry, and the general steps the Monito r would follow in conducting a salvage investigation.
• Monitor all Project -related, ground-disturbing construction activities (e.g., pavement removal, auguring, boring, grading, excavation, potholing, trenching, and grubbing) of previously undisturbed native soils. The Native American Monitor(s) shall be present on -site during the construction phases that involve ground disturbing previously undisturbed native soils and shall complete monitoring logs on a daily basis. The logs shall provide descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. The monitor(s) shall possess Hazardous Waste Operations and Emergency Response (HAZWOPER) certification.

The on-site monitoring shall end when t he Project site grading and excavation activities of previously undisturbed native soils are completed, or when the Tribal Representatives and monitor have indicated that the site has a low potential for tribal cultural resources. (**HAZWOPER certification is needed only if the site has hazardous concerns related to Mitigation Measure HAZ-1).

In Construction Plans and
Specifications. Prior to
Grading and
Construction Permits
County of San Bernadino
Planning Division and
Building and Safety
Division/City of Chino
Planning Division and
Building and Safety Division

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• Consult on unanticipated discovery of human remains and associated funerary objects:
o Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably
believed to have been placed with individual human
remains either at the time of death or later; other items made exclusively for burial purpos es or to contain human remains can also be considered as associated funerary
objects. If funerary objects are discovered during grading or archeological excavations, they shall be treated in the same manner as bone fragments that remain intact and the construction contractor and/or qualified archeologist shall consult with the Gabrieleno Band of Mission Indians – Kizh Nation (Tribe).
o As specified by California Health and Safety Code Section 7050.5, if human remains are found on the Project site
during cons truction or during archaeological work, the County and/or City Coroner’s office shall be immediately notified and no further excavation or disturbance of the discovery or any nearby area reasonably suspected to
overlie adjacent remains shall occur until th e Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code 5097.98 The Coroner
would determine within two working days of being notified, if the remains are subject to his or her authority. If the Coroner recognizes the remains to be Native American, he or she shall contact the Native American Heritage
Commission (NAHC) within 24 hours. The NAHC would make
a determination as to the Most Likely Descendent. In the case where discovered human remains cannot be full y
documented and recovered on the same day, the remains
shall be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation
opening to protect the remains. If this type of steel plate is not available, a 24-hour guard shall be posted outside of working hours. If the remains are Native American, the Tribe

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shall make every effort to recommend diverting the Project and keeping the remains in situ and protected. If the Project cannot be diverted, it may be determined that burials shall be removed and the Project applicant/developer shall
arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects, if possible. The Tribe shall work closely with the qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully.

If data recovery is approved by the Tribe, documentation shall be taken which includes at a minimum detailed
descriptive notes and sk etches. Additional types of
documentation shall be approved by the Tribe for data
recovery purposes. Cremations shall either be removed in bulk or by means as necessary to ensure completely
recovery of all material. If the discovery of human remains includes 4 or more burials, the location is considered a cemetery and a separate treatment plan shall be created.

The Project applicant/developer shall consult with the Tribe regarding avoidance of all cemetery sites. Once complete, a final report of all activit ies shall be submitted to the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive diagnostics on human remains.
o Each occurrence of human remains and associated funerary objects shall be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony shall be removed to a secure container on site if possible. These items shall be retained and
reburied within six months of recovery. The site of
reburial/repatriation shall be on the Project site but at a location mitigated between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered.

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Verification
Date Completed and
Initials
MM TCR-1: Retain a Native American Monitor Prior to Commencement of Ground Disturbance
A. The Project Applicant/Developer shall retain a Native American monitor from (or approved by) the the Gabrieleno Band of Mission Indians -Kizh Nation (“Tribe”). The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the subject Project, at all Project locations (i.e., both on -site and any off -site locations that are included in the Project description/definition and/or required in connection with the Project, such as public improvement work). “Ground -disturbing activity” includes, but is not limited to, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. Monitors from the Gabrieleno Band of Mission Indians-Kizh Nation shall provide Native America monitoring services.

B. The Project Applicant/Developer shall provide documentation of its retention of a Native American monitor, as provided in Mitigation Measure TCR-1, to the County Planning Department and/or City Planning Division prior to the earlier of the commencement of any ground -disturbing activity for the project, or the issuance of any permit necessary to commence a ground - disturbing activity.

C. The Project Applicant/Developer shall provide the Tribe with a minimum of 15 days advance written notice of the commencement of any project ground- disturbing activity so that the Tribe has sufficient time to secure and schedule a monitor for the project.

D. The Project Applicant/Developer shall hold at least one pre -construction sensitivity/educational meeting prior to the commencement of any ground - disturbing activities, where at a senior member of the Tribe(s) will inform and educate the Project’s co nstruction and managerial crew and staff members (including any Project subcontractors and consultants) about the TCR mitigation measures and compliance obligations, as well as places of significance located on the Project site (if any), the appearance o f potential TCRs, and other informational and operational guidance to aid in the Project’s In Construction Plans and
Specifications. Prior to
Grading and
Construction Permits
County of San Bernardino
Planning Division and
Building and Safety
Division/City of Chino
Planning Division and
Building and Safety Division

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Verification
Date Completed and
Initials
compliance with the TCR mitigation measures. The Native American Tribe(s) shall be notified of and allowed to attend the pre -grading meeting with the County and/or City and Project construction contractors and/or monitor all Project mass grading and trenching activities. In the event that suspected tribal cultural resources are unearthed, the Native American Tribe(s) shall have the authority to redirect earth moving activities in the affected area.

E. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground -disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project applicant/Lead Agency upon written request.

F. Native American monitoring for the Project shall conclude upon the latter of the following: (1) written confirmation from a designated Project point of contact to the Tribe representatives that all ground -disturbing activities and all phases that may involve ground-disturbing activities on the project site and at any off-site Project location are complete; or (2) written notice by the Tribe to the Project Applicant/Developer and the County Planning Department and/or City Pl anning Division that no future, planned construction activity and/or development/construction phase (known by the Tribe at that time) at the Project site and at any off -site project location possesses the potential to impact TCRs.

G. Any and all archaeological or cultural documents created as a part of the Project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the Project Applicant/Developer and the County Planning Department and/or City Planning Division for dissemination to the Gabrieleno Band of Mission Indians-Kizh Nation. The County Planning Department and/or City Planning Division and/or Project Applicant/Developer shall, in good

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faith, consult with the Tribe until all ground disturbing activities of the Project are completed.

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Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: JULY 5, 2023

TO: LINDA REICH, CITY MANAGER

FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES

SUBJECT: INTRODUCTION OF ORDINANCE 2023 -016 - COMMUNITY SERVICES DEPARTMENT AND COMMISSION NAME CHANGE.

RECOMMENDATION
1) Approve the introduction of Ordinance No. 2023-016, amending the Chino Municipal Code to change the name of the Department of Community Services to the Department of Community Services, Parks, and Recreation, to be read by number and title only, and waive further reading of the Ordinance.

FISCAL IMPACT
No fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image

12.12 NEW BUSINESS
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COUNCIL MEETING DATE: JULY 5, 2023
SUBJECT: INTRODUCTION OF ORDINANCE 2023-016 - COMMUNITY SERVICES

DEPARTMENT AND COMMISSION NAME CHANGE
PAGE 2

BACKGROUND
At the City Council workshop on May 9, 2023, staff presented a proposal to change the name of the Department of Community Services to the Department of Community Services, Parks, and Recreation in order to more fully encompass the mission and activities of the department. The City Council was in favor of this name change.

ISSUES/ANALYSIS
The proposed ordinance changes references in the municipal code to the “Department of Community Services,” the “Director of Community Services,” and other similar phrases to reflect the addition of “Parks, and Recreation.” The ordinance also makes a few other non -substantive clean-up revisions to the code. The proposed changes make the City’s municipal code consistent with the revised name of the Department of Community Services, Parks, and Recreation.

Also included is an update to the Community Services Commission with its new name of Community Services, Parks and Recreation Commission.

The Community Services, Parks, and Recreation Department may refer to the department name as “Community Services, Parks & Recreation”, using the ampersand sign in place of “and.”

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01225.0009/899615.1
ORDINANCE NO. 2023-016

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA, AMENDING MULTIPLE SECTIONS OF

CHINO MUNI CIPAL CODE TO CHANGE THE NAME OF THE

COMMUNITY SERVICES DEPARTMENT AND THE

COMMUNITY SERVICES COMMISSION

WHEREAS, the City of Chino has adopted an ordinance establishing and regulating the Chino Community Services Commission codified in Chapter 2.38 of the Chino Municipal Code ; and

WHEREAS, the City desires to amend t he name of the Chino Community Services Commission to the Chino Community Services, Park, and Recreation Commission, to better align with the authority and obligations of the Commission; and

WHEREAS, the City desires to additionally amend the name of the Community Services Department to the Community Services, Parks, and Recreation D epartment to better align with the authority and services of the Department; and

WHEREAS, the City desires to additionally amend the name of the Community Services Director to the Community Services, Parks, and Recreation Director to reflect the a bove- referenced name changes; and

WHEREAS, the City desires to reflect these amendments throughout the Chino Municipal Code; and

WHERAS, all legal prerequesits to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CIT Y COUNCIL FO THE CITY OF CHINO DOES HERE BY ORDAIN AS FOLLOWS:

Section 1. The City Council finds that the above recitals are true and correct and are incorproated herein by this reference.

Section 2. Chapter 2.38 of the Chino Municipal Cod e is hereby renamed “Chino Community Services, Parks, and R ecreation Commission, ” and is amende d as follows (additions in bold underline):

Chapter 2.38 - CHINO COMMUNITY SERVICES, PARKS, AND REC REATION

COMMISSION

2.38.010 - Purpose of chapter.

To recognize the impor tance of involving the public in the design and delivery of community services , parks , and recreation oppor tunities and that the establishment of a community services , par ks and rec reation commission is appropriate to such aims.

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Ordinance No. 2023-016

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Chino City CouncilJuly 5, 2023

Chino City Council
July 5, 2023