Colton City Council
February 17, 2026

City of Colton—Housing Element Update Program 10/11 Rezone and General Plan Amendment CEQA Findings of Fact and Statement of Overriding Considerations

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx reduced to less than significant levels under CEQA (Draft Program EIR, Section 3.3, pages 3.3-45 to

3.3-46).

The Lead Agency finds that MM BIO-1 is feasible, is adopted, and will further reduce impacts related to riparian habitat and sensitive communities. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts would be less than significant with mitigation incorporated.

1.6.3 - Impact BIO-3
Impact BIO-3: The proposed project could have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, and coastal wetlands) through direct removal, filling, hydrological interruption, or other means.

Finding: Less than significant impact with mitigation incorporated. (Draft Program EIR, Section 3.3, page 3.3-48). Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)).

Mitigation Measures
Implement MM BIO-1.

Facts in Support of Finding: Jurisdictional waters and wetlands may occur adjacent to Lytle Creek, the Santa Ana River, and unnamed drainages near Areas 4, 4A, 5, and 6. Construction activities in these areas could result in direct removal or hydrological changes, which would be considered a significant impact under CEQA. Implementation of MM BIO-1 ensures identification of jurisdictional features and compliance with permitting requirements, as well as avoidance or mitigation measures such as habitat restoration or off-site mitigation if necessary. These measures reduce impacts to less than significant levels under CEQA (Draft Program EIR, Section 3.3, pages 3.3-45 to 3.3-46).

The Lead Agency finds that MM BIO-1 is feasible, is adopted, and will further reduce impacts related to wetlands and jurisdictional waters. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts would be less than significant with mitigation incorporated.

City of Colton—Housing Element Update Program 10/11 Rezone and General Plan Amendment CEQA Findings of Fact and Statement of Overriding Considerations

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1.6.4 - Impact BIO-4
Impact BIO-4: The proposed project could 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.

Finding: Less than significant impact with mitigation incorporated. (Draft Program EIR, Section 3.3, page 3.3-52). Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)).

Mitigation Measure
Implement MM BIO-1 (Areas 4, 5, and 6); and
MM BIO-2 Nesting Bird Protection
MM BIO-2 shall be implemented as a condition of approval for all future development implemented in Areas 1, 2, and 3 consistent with the program 10/11 rezone.

Prior to the issuance of entitlements for projects implemented in Areas 1, 2, or 3, the project applicant or sponsor shall retain a qualified Biologist to conduct a pre- construction survey for nesting birds if project construction activities will be initiated during the avian nesting season (generally, raptor nesting season is January 1 through September 15; and passerine bird nesting season is February 1 through September 1). Pursuant to Fish and Game Code Sections 3503 and 3503.5, to prevent impacts to birds and their nests by the proposed project, the pre- construction survey will be conducted no more than 3 days prior to commencement of project activities in all suitable areas including trees, shrubs, bare ground, buildings, burrows, cavities, and structures, at the appropriate time of day/night, during appropriate weather conditions to verify the absence of active nests. Pre- construction surveys should focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior (e.g., copulation, carrying of food or nest materials, nestbuilding, removal of fecal sacks, flushing suddenly from atypically close range, agitation, aggressive interactions, feigning injury or distraction displays, or other behaviors).

If an active nest is located during a pre-construction survey, the City shall be notified about the status of the nest and the qualified Biologist shall immediately establish a conservative buffer surrounding the nest, as indicated below. Construction activities shall be restricted as necessary to avoid disturbance of the nest until it has been determined by a qualified Biologist that the juveniles have fledged or are independent of the nest.

City of Colton—Housing Element Update Program 10/11 Rezone and General Plan Amendment CEQA Findings of Fact and Statement of Overriding Considerations

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx Restrictions shall include the establishment of exclusion zones (no ingress of personnel or equipment at a minimum radius of 100-foot radius around an active bird nest), or at a distance determined by the qualified Biologist that will prevent project-related disturbances. The buffer zone will be maintained around the active nest site(s) until the young have fledged and are foraging independently, as confirmed by the qualified Biologist.

Facts in Support of Finding: Portions of the Study Area contain or are adjacent to the Santa Ana River, Lytle Creek, and an unnamed tributary of the Santa Ana River, which could contain wildlife movement corridors (Exhibit 3.3-1). Additionally, trees, shrubs, ground surfaces, and built structures or surfaces throughout the Study Area could provide nesting habitat for bird species protected under the MBTA and California Fish and Game Code sections pertaining to the protection of nesting native or migratory birds and raptors. Therefore, future development consistent with the Program 10/11 Rezone/GPA could result in impacts to wildlife movement corridors or nursery sites and has the potential to interfere with the movement of native resident migratory fish or wildlife species. Future development consistent with the Program 10/11 Rezone/GPA would comply with adopted State, federal, and local regulations for the protection of fish and wildlife movement corridors and wildlife nurseries, including protected nesting birds. Compliance with these goals, policies, programs, and State and federal requirements would reduce impacts; however, the potential for impacts to fish and wildlife movement corridors and nursery (nesting) sites remains potentially significant due to the need for project-specific general biological surveys to confirm wildlife movement corridors and nursery sites (including avian nests) within each site. Accordingly, prior to the issuance of grading permits for each project implemented within Area 4, 4A, 5, and 6, a qualified Biologist would conduct a site investigation and assessment to assess whether the proposed project would impact wildlife movement corridors and/or nursery sites present on-site during implementation of MM BIO-

1. MM BIO-1 requires that a qualified Biologist prepare a BRA that shall include a project-specific analysis of potential impacts on sensitive and regulated biological resources, including impacts on special-status species and their habitat, migratory birds and other protected nesting birds, roosting bats, rare plants, sensitive communities and riparian habitats, protected waters and wetlands, wildlife corridors and nursery sites, and shall identify thresholds of significance with a significance conclusion and identify measures to reduce potential project impact(s) to less than significant level(s). Future development implemented in Areas 4, 4A, 5, and 6 shall be required to incorporate these measures into project design documents as conditions of approval. Therefore, future development consistent with the Program 10/11 Rezone/GPA would not result in significant adverse effects to wildlife corridors or native wildlife nursery sites, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife species to drop below self-sustaining levels, eliminate a plant or animal community, or substantially reduce the number or restrict the range of a species and impacts would be less than significant.

In addition to MM BIO-1, prior to the issuance of grading permits for each project implemented within Areas 1, 1-A, 1-B, 2, and 3, the project applicant shall contract a qualified Biologist to conduct a pre-construction survey for nesting birds, as described in MM BIO-2. (Draft Program EIR, Section

3.3, pages 3.3-46 to 3.3-47 and 3.3-52).

City of Colton—Housing Element Update Program 10/11 Rezone and General Plan Amendment CEQA Findings of Fact and Statement of Overriding Considerations

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx The Lead Agency finds that MM BIO-1 and MM BIO-2 are feasible, are adopted, and will further reduce impacts related to wildlife movement and nesting birds. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts would be less than significant with mitigation incorporated.

1.6.5 - Cumulative Biological Resources Impact
Cumulative Biological Resources Impact
The proposed project would have a less than significant cumulative impact related to biological resources.

Finding: Less than significant impact with mitigation incorporated. (Draft Program EIR, Section 3.3, pages 3.3-46 to 3.3-47, 3.3-49, 3.3-52, 3.3-54; Executive Summary, Table ES-1, page ES-18). Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)).

Mitigation Measure
Implement MM BIO-1 and MM BIO-2.

Facts In Support of Finding: The cumulative analysis considers development in Colton and surrounding jurisdictions that could affect biological resources, including special-status species, sensitive habitats, wetlands, and wildlife movement corridors. While cumulative projects may result in habitat loss or fragmentation, the Program 10/11 Rezone/GPA is a policy-level action focused on infill development within an urbanized setting. Future development under the program must comply with State and federal regulations and implement adopted mitigation measures, including MM BIO-1 and MM BIO-2, which require site-specific biological evaluations and protective measures prior to grading. These measures ensure identification and mitigation of potential impacts, reducing the project’s contribution to cumulative biological resource impacts to less than significant levels (Draft Program EIR, Section 3.3, pages 3.3-50 to 3.3-52).

The Lead Agency finds that MM BIO-1 and MM BIO-2 are feasible, are adopted, and will further reduce impacts related to biological resources. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts would be less than significant with mitigation incorporated.

City of Colton—Housing Element Update Program 10/11 Rezone and General Plan Amendment CEQA Findings of Fact and Statement of Overriding Considerations

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1.6.6 - Impact CUL-2
Impact CUL-2: Development consistent with the proposed project could cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5.

Finding: Less than significant impact with mitigation incorporated. (Draft Program EIR, Section 3.4, page 3.4-32; Executive Summary, Table ES-1, page ES-20). Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)).

Mitigation Measure
MM CUL-2 Archaeological Resources Assessment. To determine the archaeological sensitivity for individual development projects within the City, an archaeological resources assessment shall be performed under the supervision of an Archaeologist that meets the Secretary of the Interior’s (SOI) Professional Qualified Standards for their role. The assessment shall include a California Historical Resources Information System (CHRIS) records search at the South Central Coastal Information Center (SCCIC) and a search of the Sacred Lands File (SLF) maintained by the Native American Heritage Commission (NAHC). The records searches shall determine if the proposed project has been previously surveyed for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. A Phase I pedestrian survey shall be undertaken in areas that are developed and undeveloped to locate any surface cultural materials.

If potentially significant archaeological resources are identified through an archaeological resources assessment, and impacts to these resources cannot be avoided, a Phase II Testing and Evaluation investigation shall be performed by an Archaeologist who meets SOI Standards prior to any construction-related ground- disturbing activities to determine significance. If resources determined significant or unique through Phase II testing, and site avoidance is not possible, a Phase III data recovery program shall be implemented by a qualified Archaeologist and performed in accordance with the California Office of Historic Preservation’s (OHP) Archaeological Resource Management Reports (ARMR). The Archaeologist must then prepare an archaeological data recovery plan to be reviewed and approved by the Lead Agency prior to the excavation of resources.

If the archaeological assessment did not identify potentially significant archaeological resources within the proposed project area but indicated the area to be highly sensitive for archaeological resources, this shall be followed by monitoring of all ground-disturbing construction and pre-construction activities in areas with previously undisturbed soil by a qualified Archaeologist. The Archaeologist shall inform all construction personnel prior to construction activities of the proper procedures in the event of an archaeological discovery. The training shall be held in

City of Colton—Housing Element Update Program 10/11 Rezone and General Plan Amendment CEQA Findings of Fact and Statement of Overriding Considerations

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx conjunction with the project’s initial on-site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources.

In the event that archaeological resources (artifacts or features) are exposed during ground-disturbing activities, construction activities within 100 feet of the discovery shall be halted while the resources are evaluated for significance by an Archaeologist who meets SOI Standards. If the discovery proves to be significant, the qualified Archaeologist shall make recommendations to the Lead Agency (City of Colton) on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines.

If the archaeological assessment did not identify potentially significant archaeological resources but indicates the area to be of medium to low sensitivity for archaeological resources, an Archaeologist who meets the Professional Qualified Standards shall be retained on an on-call basis. The Archaeologist shall inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project’s initial on-site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground- disturbing activities, construction activities within 100 feet of the discovery shall be halted while the on-call Archaeologist is contacted. If the discovery proves to be significant, the qualified Archaeologist shall make recommendations to the Lead Agency (City of Colton) on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines.

Potentially significant cultural resources consist of, but are not limited to, stone, bone, fossils, wood, or shell artifacts or features, including hearths, structural remains, or historic dumpsites. Any previously undiscovered resources found during construction within the project site should be recorded on appropriate California Department of Parks and Recreation (DPR) 523 forms and evaluated for significance in terms of CEQA Guidelines. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency (City of Colton) approves the measures to protect these resources. The excavation, study, curation, and/or repatriation of archaeological artifacts recovered as a result of mitigation shall be undertaken in close consultation with the Lead Agency (City of Colton) and representatives from consulting Native American Tribes, as appropriate. All Reports and DPR forms shall be submitted to the Lead Agency (City of Colton), the SCCIC, and the OHP , as required.

City of Colton—Housing Element Update Program 10/11 Rezone and General Plan Amendment CEQA Findings of Fact and Statement of Overriding Considerations

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx Facts In Support of Finding: The City of Colton contains significant archaeological resources, particularly near the Santa Ana River and other areas. While a comprehensive record search has not been completed, project-specific surveys have identified numerous sites. Despite prior disturbance, undiscovered archaeological resources may still exist within potential rezoning areas.

Development under the Housing Element Update could affect known or previously unidentified archaeological resources. The General Plan includes multiple policies (1.A, 1.B, 2.A, 2.B, 3.A, 3.B, 4.A,

4.B, and 5.A) aimed at conserving and reducing impacts, including identification and documentation of significant sites. Future development applications will be reviewed for compliance with these policies, the Historic Preservation Ordinance, and Mitigation Measure CUL-2. Compliance with federal, State, and local laws, General Plan policies, and MM CUL-2 will ensure appropriate review and design to avoid or minimize impacts. Individual projects will undergo site-specific environmental review, which may require additional measures. With these requirements, impacts to archaeological resources would be reduced to less than significant. (Draft Program EIR, page 3.4-32.) The Lead Agency finds that MM CUL-2 is feasible, is adopted, and will further reduce impacts related to cultural resources. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts would be less than significant with mitigation incorporated.

1.6.7 - Impact CUL-3
Impact CUL-3: Development consistent with Program 10/11 Rezone/GPA could disturb human remains, including those interred outside of formal cemeteries.

Finding: Less than significant impact with mitigation incorporated. (Draft Program EIR, Section 3.4, page 3.4-35 to page 3.4-36; Executive Summary, Table ES-1, page ES-22).

Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)).

Mitigation Measure
MM CUL-3 Discovery or Recognition of Any Human Remains.

In the event of the accidental discovery or recognition of any human remains, CEQA Guidelines Section 15064.5; Health and Safety Code Section 7050.5; Public Resources Code Section 5097.94 and Section 5097.98 must be followed. If during the course of any future development project there is accidental discovery or recognition of any human remains, the following steps shall be taken.

1. There shall be no further excavation or disturbance within 100 feet of the remains until the County Coroner is contacted to determine whether the remains are Native American and if an investigation of the cause of death is required. If

City of Colton—Housing Element Update Program 10/11 Rezone and General Plan Amendment CEQA Findings of Fact and Statement of Overriding Considerations

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx the Coroner determines the remains to be Native American, the Coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours, and the NAHC shall identify the person or persons it believes to be the Most Likely Descendant (MLD) of the deceased Native American. The MLD may make recommendations to the landowner or the person responsible for the excavation work within 48 hours, for appropriate treatment and disposition of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98.

2. Where the following conditions occur, the landowner or his or her authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity either in accordance with the recommendations of the MLD or on the project site in a location not subject to further subsurface disturbance:
• The NAHC is unable to identify a MLD or the MLD failed to make a recommendation within 48 hours after being notified by the commission. • The descendant identified fails to make a recommendation. • The landowner or his authorized representative rejects the recommendation of the descendant, and mediation by the NAHC fails to provide measures acceptable to the landowner.

Additionally, California Public Resources Code Section 15064.5 requires the following relative to Native American Remains:

When an initial study identifies the existence of, or the probable likelihood of, Native American Remains within a project site, a lead agency shall work with the appropriate Native Americans as identified by the NAHC as provided in Public Resources Code Section 5097.98. The applicant may develop a plan for treating or disposing of, with appropriate dignity, the human remains, and any items associated with Native American Burials with the appropriate Native Americans as identified by the NAHC.

Facts in Support of Finding: Excavation and construction activities associated with Program 10/11 of the Housing Element Update could inadvertently uncover human remains, including Native American Remains, in areas outside formal burial sites. Such discoveries would constitute a potentially significant impact under CEQA. To address this, Mitigation Measure CUL-3, together with compliance with applicable State and local regulations, including Public Resources Code Sections 5097.94 and 5097.98, Health and Safety Code Section 7050.5, and CEQA Guidelines Section 15064.5, requires immediate cessation of work within 100 feet of the discovery and notification of the County Coroner to determine whether the remains are Native American. If Native American Remains are confirmed, the Coroner must notify the NAHC within 24 hours, and the NAHC will identify the MLD to provide recommendations for appropriate treatment and disposition within 48 hours. If no recommendation is provided or accepted, the remains must be reburied with dignity on-site or as directed by law. These procedures ensure respectful treatment and legal compliance, reducing potential impacts to human remains to less than significant.

City of Colton—Housing Element Update Program 10/11 Rezone and General Plan Amendment CEQA Findings of Fact and Statement of Overriding Considerations

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx The Lead Agency finds that MM CUL-3 is feasible, is adopted, and will further reduce impacts related to human remains. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts would be less than significant with mitigation incorporated.

1.6.8 - Impact GEO-6
Impact GEO-6: Development consistent with the proposed project could directly or indirectly destroy a unique paleontological resource or site or unique geologic feature.

Finding: Less than significant impact with mitigation incorporated. (Draft Program EIR, Section 3.6, page 3.6-25 to page 3.6-26; Executive Summary, Table ES-1, page ES-25).

Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)).

Mitigation Measure
MM GEO-1 Paleontological Resources Survey
A professional Paleontologist, approved by the City of Colton, shall conduct a site- specific paleontological resources survey on the potential sites for rezoning.

If any of the potential sites for rezoning are found to be underlain by any other soil with the potential to contain vertebrate fossils due to their high paleontological sensitivity for significant resources, applicants, owners and/or sponsors of all future development or construction projects shall be required to perform or provide paleontological monitoring, if recommended by the qualified Paleontologist. Should significant paleontological resources (e.g., bones, teeth, well-preserved plant elements) be unearthed by a future project construction crew, project activities shall be diverted at least 15 feet from the discovered paleontological resources until a professional Paleontologist has assessed such discovered resources and, if deemed significant, such resources shall be salvaged in a timely manner. The applicant/owner/sponsor of said project shall be responsible for diverting project work and providing the assessment including retaining a professional Paleontologist for such purpose. Collected fossils shall be deposited by the applicant/owner/sponsor in an appropriate repository (e.g., University of California Museum of Paleontology (UCMP), California Academy of Sciences) where the collection shall be properly curated and made available for future research.

Facts in Support of Finding: The City of Colton is underlain by Quaternary Older Fan Deposits, which have the potential to contain vertebrate fossils. While shallow grading is unlikely to uncover paleontological resources, deeper excavation into older sediments could result in inadvertent discovery and disturbance of significant fossils. Construction and earthmoving activities associated with Program 10/11 Rezone/GPA therefore present a potentially significant impact on

City of Colton—Housing Element Update Program 10/11 Rezone and General Plan Amendment CEQA Findings of Fact and Statement of Overriding Considerations

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx paleontological resources. Compliance with applicable federal and State laws, including Public Resources Code Section 5097, would minimize impacts by requiring procedures for unexpected discoveries. In addition, Mitigation Measure GEO-1 requires a site-specific paleontological resources survey by a qualified Paleontologist prior to development. If a site is determined to have high paleontological sensitivity, monitoring during excavation will be required. Should significant fossils be unearthed, work must be diverted at least 15 feet from the discovery until assessment and salvage occur. Collected specimens will be curated in an appropriate repository for future research.

Implementation of MM GEO-1 and compliance with applicable regulations would reduce potential impacts to paleontological resources to less than significant. (Draft Program EIR, Section 3.6, page

3.6-25.)
The Lead Agency finds that MM GEO-1 is feasible, is adopted, and will further reduce impacts related to paleontological resources. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts would be less than significant with mitigation incorporated.

1.6.9 - Cumulative Geology, Soils, and Seismicity Impact Cumulative Geology, Soils, and Seismicity Impact
The proposed project would have a less than significant cumulative impact related to geology.

Finding: Less than significant impact with mitigation incorporated. (Draft Program EIR, Section 3.6, page 3.6-24 to page 3.6-27; Executive Summary, Table ES-1, page ES-26). Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)).

Mitigation Measure
Implement GEO-1
Facts in Support of Finding: Potential adverse environmental effects associated with seismic hazards, soil erosion, unstable geologic units, and expansive soils are generally site-specific and do not result in cumulative impacts. The Housing Element Update’s contribution to cumulative impacts on geology and soils is not cumulatively considerable (Draft Program EIR, Section 3.6, pages 3.6-17 to 3.6-25).

However, the EIR identifies that paleontological resources could be inadvertently discovered during grading and excavation in areas underlain by Quaternary Older Fan Deposits (Draft Program EIR, page 3.6-25).

Compliance with Section 5097 of the Public Resources Code and implementation of MM GEO-1 would minimize potential impacts to paleontological resources directly and indirectly within the potential sites for rezoning (Draft Program EIR, Section 3.6, page 3.6-26). Cumulative impacts associated with paleontological resources are considered less than significant because other cumulative projects would similarly comply with State and local regulations and implement

City of Colton—Housing Element Update Program 10/11 Rezone and General Plan Amendment CEQA Findings of Fact and Statement of Overriding Considerations

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx mitigation measures where necessary. The Housing Element Update’s contribution to cumulative impacts on paleontological resources is not cumulatively considerable (Draft Program EIR, Section

3.6, pages 3.6-25 to 3.6-26).

The Lead Agency finds that MM GEO-1 is feasible, is adopted, and will further reduce impacts related to cumulative paleontological resources. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts would be less than significant with mitigation incorporated.

1.6.10 - Impact GHG-1
Impact GHG-1: The proposed project would not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment.

Finding: Less than significant impact with mitigation incorporated. (Draft Program EIR, Section 3.7, pages 3.7-17 to 3.7-19; Executive Summary, Table ES-1, page ES-26).

Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)).

Mitigation Measures
MM GHG-1a Implement GHG emission-reduction measures during construction.

The applicant and/or contractor associated with future development of sites within the proposed project area shall implement the following measures during construction and, where specified below, shall submit reports demonstrating compliance to the Planning Division for its review and approval:
• The applicant shall limit all equipment and delivery truck idling times by shutting down equipment when not in use and reducing the maximum idling time to less than 3 minutes. The applicant shall also install clear signage regarding the limitation on idling time at the delivery driveway and loading areas. • The applicant shall verify that all construction equipment is maintained and properly tuned in accordance with manufacturers’ specifications. Prior to the commencement of construction activities using diesel-powered and/or gasoline- powered vehicles or equipment, the applicant shall verify that all vehicles and equipment have been checked by a certified mechanic and determined to be running in proper condition prior to admittance into the delivery driveway and loading areas. The applicant shall submit a report by the certified mechanic of the condition of construction-related vehicles and equipment to the Planning Division. • The applicant shall use electric equipment where available and feasible. • The applicant shall implement the use of Tier 4 equipment where available and feasible.

City of Colton—Housing Element Update Program 10/11 Rezone and General Plan Amendment CEQA Findings of Fact and Statement of Overriding Considerations

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx MM GHG-1b Restrict use of natural gas in new development.

Future development of sites within the proposed project area shall be all electric, eliminating the use of any natural gas-fueled appliance or building feature.

MM GHG-1c Implement all-electric landscaping equipment.

All landscaping equipment (e.g., leaf blower) used for property management shall be electric-powered only. The property manager/facility owner shall provide documentation (e.g., purchase, rental, and/or services agreement) to the City’s Planning Division to verify, to the City’s satisfaction, that all landscaping equipment utilized will be electric-powered.

MM GHG-1d Require EV charging infrastructure that meets CALGreen Tier 2 voluntary requirements.

New residential buildings shall provide electric vehicle (EV) spaces as required by CALGreen Tier 2.
(Draft Program EIR, Executive Summary, Table ES-1, pages ES-26; Section 3.7, pages

3.7-17 to 3.7-19).

Facts in Support of Finding: The Draft Program EIR identifies that construction and operation of future development consistent with the Program 10/11 Rezone/GPA would generate greenhouse gas (GHG) emissions from equipment use, vehicle trips, energy consumption, and landscaping activities.

These emissions would incrementally contribute to global climate change, which is a cumulative impact by definition.

Implementation of MM GHG-1a through MM GHG-1d will reduce emissions during construction and operation by requiring idling restrictions, proper equipment maintenance, all-electric building design, electric landscaping equipment, and EV charging infrastructure. These measures align with State and local climate action strategies and ensure consistency with the City’s Climate Action Plan and the 2022 Scoping Plan. With mitigation, the project’s contribution to GHG emissions would not be cumulatively considerable, and impacts would be less than significant. (Draft Program EIR, Section

3.7, pages 3.7-17 to 3.7-19).

The Lead Agency finds that MM GHG-1a, MM GHG-1b, MM GHG-1c, and MM GHG-1d are feasible, are adopted, and will further reduce impacts related to GHG emissions. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts would be less than significant with mitigation incorporated.

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1.6.11 - Impact GHG-2
Impact GHG-2: The proposed project would not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment.

Finding: Less than significant impact with mitigation incorporated. (Draft Program EIR, Section 3.7, pages 3.7-20 to 3.7-23; Executive Summary, Table ES-1, page ES-27).

Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)).

Mitigation Measures
Implement MM GHG-1a, MM GHG-1b, MM GHG-1c, MM GHG-1d, MM TRANS-1a, and MM TRANS- 1b.

Facts in Support of Finding: The proposed project was evaluated for consistency with applicable plans adopted for the purpose of reducing GHG emissions, including the ARB’s 2022 Scoping Plan, the Connect SoCal 2024 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), and the City of Colton Climate Action Plan (CAP). Connect SoCal 2024, adopted by SCAG on April 4, 2024, integrates transportation and land use strategies to achieve State GHG reduction goals while promoting housing production, equity, resilience, and efficient resource use. The proposed project is consistent with multiple goals and policies of Connect SoCal 2024 because it facilitates infill housing development in the downtown area of Colton, consistent with RHNA requirements, and promotes growth in areas with existing infrastructure and multimodal transportation options. This approach supports the development of walkable, transit-oriented communities and aligns with regional objectives to reduce VMT and create “15-minute communities” where residents can access daily needs within a short distance (Draft Program EIR, Section 3.7, pages 3.7-20 to 3.7-21).

The project is also consistent with the 2022 Scoping Plan, which establishes a path to carbon neutrality by 2045 and prioritizes building decarbonization, VMT reduction, and transportation electrification. Implementation of MM GHG-1b requires all-electric building design, MM TRANS-1a and MM TRANS-1b reduce VMT through transportation demand management strategies and project-level analyses, and MM GHG-1d mandates CALGreen Tier 2 EV charging infrastructure. These measures ensure that the project supports the Scoping Plan’s priority areas and contributes to Statewide climate goals (Draft Program EIR, Section 3.7, pages 3.7-21 to 3.7-22).

Finally, the project supports the City’s CAP , which includes strategies to reduce emissions from building energy, transportation, and off-road equipment. While many CAP measures apply jurisdiction-wide, the project implements MM GHG-1a through MM GHG-1d, which require construction-related GHG reduction measures, prohibit natural gas, mandate electric landscaping equipment, and provide EV charging infrastructure. These measures align with CAP objectives and assist the City in achieving its GHG reduction targets (Draft Program EIR, Section 3.7, pages 3.7-22 to

3.7-23). With implementation of these mitigation measures, the project would be consistent with the City’s CAP , the regional RTP/SCS, and the State’s 2022 Scoping Plan, and therefore would not

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The Lead Agency finds that MM GHG-1a, MM GHG-1b, MM GHG-1c, MM GHG-1d, MM TRANS-1a, and MM TRANS-1b are feasible, are adopted, and will further reduce impacts related to GHG emissions and consistency with applicable plans. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts would be less than significant with mitigation incorporated (Draft Program EIR, Section 3.7, pages 3.7-20 to 3.7-24).

1.6.12 - Cumulative Greenhouse Gas Emissions Impact
Cumulative Greenhouse Gas Emissions Impact
The proposed project would not have a significant and unavoidable cumulative impact related to greenhouse gas emissions.

Finding: Less than significant impact with mitigation incorporated. (Draft Program EIR, Section 3.7, pages 3.7-20 to 3.7-23; Executive Summary, Table ES-1, page ES-27).

Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)).

Mitigation Measures
Implement MM GHG-1a, MM GHG-1b, MM GHG-1c, MM GHG-1d, MM TRANS-1a, and MM TRANS- 1b.

Facts in Support of Finding: GHG emissions and climate change are inherently cumulative because they contribute to global atmospheric concentrations of GHGs. The Draft Program EIR explains that the proposed Housing Element Update Program 10/11 Rezone and General Plan Amendment, in combination with other past, present, and reasonably foreseeable projects, would not result in a cumulatively considerable contribution to GHG emissions or conflict with applicable plans adopted for the purpose of reducing GHG emissions (Draft Program EIR, Section 3.7, pages 3.7-17 to 3.7-24).

Construction and operational emissions from future development would incrementally contribute to global climate change; however, implementation of MM GHG-1a through MM GHG-1d would reduce emissions through construction-related GHG reduction measures, all-electric building design, electric landscaping equipment, and EV charging infrastructure. These measures, combined with compliance with Title 24, CALGreen, and other State regulations, ensure that the project’s contribution to cumulative GHG emissions would not be cumulatively considerable (Draft Program EIR, Section 3.7, pages 3.7-17 to 3.7-19).

Additionally, the project would not conflict with applicable GHG reduction plans, including the City’s CAP, SCAG’s Connect SoCal 2024 RTP/SCS, and ARB’s 2022 Scoping Plan. With implementation of MM GHG-1a through MM GHG-1d and MM TRANS-1a and MM TRANS-1b, the project supports building

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx decarbonization, transportation electrification, and VMT reduction strategies identified in these plans. Therefore, the project would not result in a cumulatively considerable impact related to plan consistency (Draft Program EIR, Section 3.7, pages 3.7-20 to 3.7-24).

The Lead Agency finds that MM GHG-1a, MM GHG-1b, MM GHG-1c, MM GHG-1d, MM TRANS-1a, and MM TRANS-1b are feasible, are adopted, and will further reduce impacts related to GHG emissions and consistency with applicable plans. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, cumulative impacts related to GHG emissions and plan consistency would be less than significant with mitigation incorporated.

1.6.13 - Impact NOI-1
Impact NOI-1: The proposed project could generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies.

Finding: Less than significant impact with mitigation incorporated. (Draft Program EIR, Section 3.12, pages 3.12-14 to 3.12-18; Executive Summary, Table ES-1, page ES-30).

Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)).

Mitigation Measures
MM NOI-1 Construction Noise Reduction Plan
Prior to issuance of construction permits for development projects associated with the City of Colton Housing Element Update Program 10/11 Rezone and General Plan Amendment, the following language shall be included, verbatim, in the general notes section of all the civil plan construction documents. • The construction contractor shall ensure that all equipment driven by internal combustion engines shall be equipped with mufflers, which are in good condition and appropriate for the equipment.
• The construction contractor shall ensure that unnecessary idling of internal combustion engines (i.e., idling in excess of 5 minutes) is prohibited. • The construction contractor shall utilize “quiet” models of air compressors and other stationary noise sources where technology exists. • At all times during project grading and construction, the construction contractor shall ensure that stationary noise-generating equipment shall be located as far as practicable from sensitive receptors and placed so that emitted noise is directed away from adjacent residences.

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx • The construction contractor shall ensure that the construction staging areas shall be located to create the greatest feasible distance between the staging area and noise-sensitive receptors nearest the project site.
• For construction activity that requires the use of heavy construction equipment within 50 feet of any noise-sensitive receptors, the construction contractor shall ensure that the operation of heavy construction equipment shall be limited to between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday and between 9:00 a.m. and 5:00 p.m. on Saturday and Sunday. • The construction contractor shall designate a “disturbance coordinator” who would be responsible for responding to any complaints about construction noise.

The disturbance coordinator shall determine the cause of the noise complaint (e.g., a bad muffler) and shall require that reasonable measures be implemented to correct the problem.
- For construction activity that requires the use of heavy construction equipment within 50 feet of any noise-sensitive receptors, the project applicant shall provide one of the following:
- A temporary noise barrier shall be installed prior to the onset of construction activities that would require the use of heavy construction equipment. The barrier shall be located between the construction zone and all adjacent sensitive receptor land uses. The temporary sound barrier shall provide a reduction in noise that shall meet the City’s construction noise threshold of 55 A-weighted decibels (dBA) maximum noise level (Lmax) as measured at the façade of the sensitive receptor land uses. The noise barrier shall be a minimum height of 8 feet and be free of gaps and holes and must achieve a Sound Transmission Class (STC) of 35 or greater. The barrier can be either (a) a 0.75-inch-thick plywood wall or (b) a hanging blanket/curtain with a surface density or at least 2 pounds per square foot. For either configuration, the construction side of the barrier shall have an exterior lining of sound absorption material with a Noise Reduction Coefficient (NRC) rating of 0.7 or higher.
- A site-specific construction-related groundborne vibration impact assessment shall be conducted by a qualified Technical Specialist that demonstrates that proposed construction activities, along with any applicable project design features, would not result in an exceedance of an exterior threshold of 80 dBA 8-hour equivalent sound level (Leq(8hr)) at residential land uses, or of 85 dBA Leq(8hr) at commercial land uses, and of 90 dBA Leq(8hr) at industrial land uses.

Upon approval by the City, any identified construction noise reduction measures shall be incorporated into the construction documents.

Compliance with this measure would ensure that potential construction-related noise impacts associated with development that would occur under the Program 10/11 Rezone/GPA would be reduced to less than significant.

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx MM NOI-2 Stationary Source Noise Impact Reduction Measure Prior to issuance for entitlements for a project, for any development project on potential sites for housing that would include any noise-producing mechanical systems located within 10 feet of a receiving property line, the project applicant shall retain a Noise Specialist to conduct a site-specific project-level noise analysis to evaluate compliance with Section 18.42.040 of the Municipal Code, which prohibits noise levels in excess of 65 A-weighted decibels (dBA) equivalent sound level (Leq(h)) when measured at the property line of the parcel generating the noise. If the analysis identifies that proposed mechanical system operations could result in an exceedance of the City’s noise performance standards, then specific measures to attenuate the noise impact shall be identified. The analysis shall be submitted to City staff for review and approval prior to issuance of building permits. The final noise reduction measures shall be included on all final construction and building documents and/or construction management plans and submitted for verification to the City. Specific measures may include, but are not limited to, the following measures or design features:
• The project applicant shall utilize quieter mechanical systems that would not result in an exceedance of the City’s operational noise standards. • The project applicant shall enclose mechanical systems in a sound-attenuating structure or shall install sound barriers adjacent to the proposed system that would reduce operational noise levels to not exceed the City’s noise performance standards as measured at a receiving property plane.

Compliance with this measure would ensure that potential stationary source noise impacts associated with development that would occur under the Program 10/11 Rezone/GPA would be reduced to less than significant.

Facts in Support of Finding: The City of Colton does not set numeric thresholds for construction noise; therefore, the analysis uses Federal Transit Administration guidelines, which identify 80 dBA Leq(8hr) for residential land uses, 85 dBA Leq(8hr) for commercial land uses, and 90 dBA Leq(8hr) for industrial land uses. Construction noise would vary by phase, with the site preparation phase generating the highest levels due to heavy earthmoving equipment such as bulldozers, graders, and scrapers. Worst-case combined noise levels during site preparation could reach 86 dBA Leq at 50 feet, exceeding the threshold for residential receptors. Short-term traffic noise from construction trips would not double traffic volumes and therefore would not cause a perceptible increase in roadway noise. Without mitigation, temporary construction noise could cause annoyance or sleep disturbance at nearby sensitive receptors. Operational noise impacts from future development would be less than significant. Project-related traffic would not double existing volumes; the largest increase would be about 9 percent in ADT, resulting in less than a 1 dBA increase, which is well below the 3 dBA threshold for significance. Mechanical equipment such as HVAC systems could exceed the City’s 65 dBA Leq(h) standard if placed within 6 feet of a property line, but compliance with General Plan policies and mitigation would ensure impacts remain less than significant.

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx Construction noise impacts are potentially significant before mitigation; however, implementation of MM NOI-1, which includes mufflers, idling restrictions, quieter equipment, staging area placement, time-of-day limits, and temporary noise barriers, would reduce impacts to less than significant.

Operational noise impacts from traffic and stationary sources would also be less than significant (Draft Program EIR, Section 3.12, pages 3.12-15 to 3.12-20).

The Lead Agency finds that MM NOI-1 and MM NOI-2 are feasible, are adopted, and will further reduce impacts related to noise. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts related to noise would be less than significant with mitigation incorporated.

1.6.14 - Impact NOI-2
Impact NOI-1: The proposed project could result in generation of excessive groundborne vibration or groundborne noise levels.

Finding: Less than significant impact with mitigation incorporated. (Draft Program EIR, Section 3.12, pages 3.12-21 to 3.12-23; Executive Summary, Table ES-1, page ES-33).

Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)).

Mitigation Measures
MM NOI-3 Construction Vibration Reduction Plan
• Prior to the issuance of entitlements for any future development projects that would necessitate the use of any of the following equipment operation conditions, the project sponsor shall retain a Noise Specialist to prepare a Construction Vibration Reduction Plan for submittal to City staff for review and approval that identifies specific techniques (such as the depth and location of temporary trenching) that would reduce potential vibration impacts to less than significant for the impacted structure. Upon approval by the City, the construction vibration reduction measures shall be incorporated into the construction documents. A note shall be provided on grading and building plans indicating that, during grading and construction, the property owner/developer shall be responsible for requiring contractors to implement these measures to limit construction-related vibration impacts.
• Precipitating equipment operation conditions include:
- Operation of pile-driving within 55 feet of an off-site structure. - Operation of large vibratory rollers within 26 feet of an off-site structure. - Operation of any heavy construction equipment within 15 feet of an off-site structure (such equipment includes, but it not limited to, bulldozers, hoe rams, caisson drilling, loaded trucks, or similar, that have reference vibration levels

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx greater than 0.07 inches per second (in/sec) peak particle velocity (PPV) at 25- feet).

Facts in Support of Finding: The proposed project could result in generation of excessive groundborne vibration or groundborne noise levels. The City of Colton does not have adopted vibration standards; therefore, the analysis uses Federal Transit Administration (FTA) vibration impact criteria. Construction activities associated with future development under the Program 10/11 Rezone/GPA could generate groundborne vibration that may affect nearby structures and occupants.

Of the equipment typically used during construction, impact pile drivers produce the highest vibration levels, up to 0.644 inch per second (in/sec) peak particle velocity (PPV) at 25 feet. This exceeds the FTA damage threshold of 0.2 in/sec PPV for nonengineered timber and masonry structures. Other equipment, such as large vibratory rollers and bulldozers, also generate vibration levels that could exceed thresholds if operated very close to structures. However, vibration levels attenuate with distance; for example, at 55 feet, vibration from an impact pile driver would decrease to 0.19 in/sec PPV, below the threshold. To ensure vibration impacts remain less than significant, MM NOI-3 requires preparation of a Construction Vibration Reduction Plan for any development project involving high-vibration equipment near sensitive receptors. This plan would identify techniques such as alternate equipment, adequate setbacks, or temporary trenches to reduce vibration levels. Operational vibration impacts would be less than significant because residential and mixed-use development would not introduce permanent vibration sources. With implementation of MM NOI-3, construction-related vibration impacts would be reduced to less than significant (Draft Program EIR, Section 3.12, pages 3.12-22 to 3.12-24).

The Lead Agency finds that MM NOI-3 is feasible, is adopted, and will further reduce impacts related to noise. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts related to noise would be less than significant with mitigation incorporated.

1.6.15 - Cumulative Noise Impact
Cumulative Noise Impact
The proposed project would result in a less than significant cumulative impact related to noise.

Finding: Less than significant impact with mitigation incorporated. (Draft Program EIR, Section 3.12, pages 3.12-21 to 3.12-26; Executive Summary, Table ES-1, page ES-34).

Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)).

Mitigation Measures
Implement MM NOI-1, MM NOI-2, and MM NOI-3

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx Facts in Support of Finding: Cumulative noise impacts consider the combined effect of the proposed project and other reasonably foreseeable development in the City of Colton and surrounding areas.

Cumulative construction noise would be temporary and localized, and while individual projects could generate high noise levels, these activities would occur at different times and locations. With implementation of MM NOI-1 and similar measures by other projects, cumulative construction noise impacts would be less than significant. Cumulative operational noise impacts from traffic would also be less than significant because the project’s contribution to area-wide traffic noise would be minimal (less than 1 dBA increase), and overall cumulative traffic growth would not cause substantial exceedances of applicable standards (Draft Program EIR, Section 3.12, pages 3.12-25 to 3.12-26).

Cumulative vibration impacts would be less than significant because vibration from construction equipment attenuates rapidly with distance, and simultaneous use of high-vibration equipment by multiple projects in close proximity is unlikely. Implementation of MM NOI-3 and similar measures would ensure that vibration levels remain below thresholds for structural damage and human annoyance (Draft Program EIR, Section 3.12, page 3.12-26).

Additionally, because the project site is not located within an airport land use plan or within two miles of a public airport or public use airport, and no other cumulative projects would alter this condition, there would be no related cumulative impacts. Therefore, cumulative noise impacts would be less than significant with mitigation incorporated where applicable (Draft Program EIR, Section 3.12, pages 3.12-25 to 3.12-26).

The Lead Agency finds that MM NOI-1, MM NOI-2, and MM NOI-3 are feasible, are adopted, and will further reduce cumulative impacts related to noise. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, cumulative impacts related to noise would be less than significant with mitigation incorporated.

1.6.16 - Impact TRANS-2
Impact TRANS-2: The proposed project would not conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b).

Finding: Less than significant impact with mitigation incorporated. (Draft Program EIR, Section 3.16, pages 3.16-34 to 3.16-38; Executive Summary, Table ES-1, page ES-36).

Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)).

Mitigation Measures
MM TRANS-1a VMT Reduction Strategies
As required by the City Guidelines, Transportation Demand Management (TDM) strategies would be considered for the purpose of reducing potentially significant Vehicle Miles Traveled (VMT) impacts. California Air Pollution Control Officers

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx Association (CAPCOA) has published an update to their VMT reduction measure guidance titled Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (CAPCOA 2024) (Handbook). Consistent with VMT reduction measures described within the Handbook, the following are applicable to future development pursuant to the proposed project:
• Provide pedestrian and bicycle network improvements within the development connecting to existing off-site facilities.
• Where applicable, ensure design of key intersections and roadways to encourage the use of walking, biking, and transit.
• Collaborate with the local transit agencies to determine the feasibility of providing new or re-routing existing transit services to the area.

MM TRANS-1b VMT Analyses
Each individual project shall undergo a project-level VMT analysis to assess potential transportation impacts. If significant VMT impacts are identified, appropriate mitigation measures will be required to reduce these impacts in accordance with City Guidelines, which specify the 15 percent below baseline conditions.

Facts in Support of Finding: The proposed project would not conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b), which requires evaluation of transportation impacts based on VMT rather than Level of Service. Because the project is a land use plan, it does not qualify for VMT screening criteria; therefore, a full VMT analysis was conducted using the San Bernardino Transportation Analysis Model (SBTAM), version 3.2. VMT was calculated using the Production/Attraction method, which sums weekday home-based trips generated within the study area. The City’s existing VMT per capita is 15.2, and the City’s threshold for significance is 13.0 VMT per capita (15 percent below baseline). The proposed project would add approximately 2,279 households and 8,633 residents across multiple Traffic Analysis Zones (TAZs). As shown in Draft Program EIR, Section 3.16, Table 3.16-5, several TAZs would exceed the City’s VMT threshold, with values ranging from 13.7 to 15.6 VMT per capita, while others would remain below the threshold.

Overall, the project’s addition to baseline conditions exceeds the City’s adopted VMT impact threshold, resulting in a potentially significant impact before mitigation. To address this, MM TRANS- 1a requires implementation of TDM strategies such as pedestrian and bicycle network improvements, intersection design to encourage walking and transit use, and coordination with transit agencies to provide or reroute services. MM TRANS-1b requires each future development project to prepare a project-level VMT analysis and apply additional mitigation if necessary. With implementation of these measures, VMT per capita would be reduced to below the City’s threshold, and impacts would be less than significant. Additionally, the project establishes a framework for future growth rather than specific development; therefore, individual projects will undergo VMT analysis and mitigation as needed. The analysis also notes that Citywide VMT per capita would decrease from 15.2 to 14.9 with the project, indicating improved efficiency. Therefore, with

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx mitigation, the project would not conflict with CEQA Guidelines Section 15064.3, subdivision (b), and impacts would be less than significant (Draft Program EIR, Section 3.16, pages 3.16-34 to 3.16-38).

The Lead Agency finds that MM TRANS-1a and MM TRANS-1b are feasible, are adopted, and will further reduce traffic impacts. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts related to traffic would be less than significant with mitigation incorporated.

1.6.17 - Cumulative Traffic Impact
Cumulative Traffic Impact
The proposed project would not result in a significant and unavoidable cumulative impact related to transportation.

Finding: Less than significant impact with mitigation incorporated. (Draft Program EIR, Section 3.16, pages 3.16-33 to 3.16-43; Executive Summary, Table ES-1, page ES-37).

Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)).

Mitigation Measures
Implement MM TRANS-1a and MM TRANS-1b.

Facts in Support of Finding: The cumulative transportation analysis evaluates whether the proposed project, in combination with other foreseeable development, would result in significant cumulative impacts. The Program 10/11 Housing Element Update Rezone/GPA does not propose site-specific development but facilitates residential growth already anticipated under the General Plan. As such, cumulative transportation impacts have been previously evaluated in conjunction with the approval of the General Plan, which considered long-range development assumptions and are less than significant (Draft Program EIR, Section 3.16, pages 3.16-33 to 3.16-34). Additionally, the proposed project’s contributions would not be cumulatively considerable.

With respect to a potential cumulative conflict or inconsistency with CEQA Guidelines Section 15064.3, subdivision (b)), cumulative VMT would increase as a result of regional growth. Any cumulative projects in the City may generate additional VMT, which would be added to the roadway network within the geographic context and could increase the VMT impact to levels that could exceed the City’s VMT thresholds. However, all cumulative projects would be required to comply with applicable federal, State, and local policies and ordinances and General Plan and Specific Plan programs and policies that address VMT, as well as mitigate impacts related to VMT, such as with MM TRANS-1a. However, the application of mitigation measures to individual future cumulative projects is too speculative to evaluate; as such, cumulative impacts to VMT would potentially significant. However, as demonstrated in the Draft Program EIR, the project includes mitigation measures to reduce VMT and improve transportation efficiency. Citywide VMT per capita would

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx decrease slightly with the project, and future projects would undergo VMT analysis and mitigation as needed. With mitigation, the proposed project would meet the City’s VMT threshold with implementation of TDM reduction strategies or other project-level mitigation, resulting in less than significant impacts. Accordingly, the proposed project would not exceed existing baseline conditions of the City’s adopted VMT impact threshold with VMT reduction strategies. CEQA requires that both a cumulative condition be present and that the project’s incremental contribution be considerable to make a finding of significance. Therefore, the City appropriately finds that potential cumulative impacts are less than significant because the proposed project’s incremental contribution to cumulative VMT impacts would be less than significant with incorporation of MM TRANS-1a and MM TRANS-1b (Draft Program EIR, Section 3.16, pages 3.16-39 to 3.16-40).

Cumulative development could introduce new access points and roadway modifications, but all projects are required to comply with City design standards and safety requirements. The proposed project does not include specific roadway designs and will be subject to review during future development approvals. Therefore, cumulative impacts related to hazards would be less than significant (Draft Program EIR, Section 3.16, page 3.16-40).

Cumulative development would increase demand on the roadway network, but emergency access would continue to be governed by City standards and Fire Department requirements. The project does not propose changes that would impede emergency response or evacuation routes. Therefore, cumulative impacts related to emergency access would be less than significant (Draft Program EIR, Section 3.16, page 3.16-40).

In summary, the proposed project would not have a cumulatively considerable contribution to any potential traffic impact and cumulative transportation impacts would be less than significant with mitigation incorporated where applicable (Draft Program EIR, Section 3.16, pages 3.16-39 to 3.16- 40).

The Lead Agency finds that MM TRANS-1a and MM TRANS-1b are feasible, are adopted, and will further reduce cumulative traffic impacts. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, cumulative impacts related to traffic would be less than significant with mitigation incorporated.

1.6.18 - Impact TCR-1
Impact TCR-1: Development consistent with the proposed project would not cause a substantial adverse change in the significance of a Tribal Cultural Resource 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).

Finding: Less than significant impact with mitigation incorporated. (Draft Program EIR, Section 3.17, pages 3.17-15 to 3.17-16; Executive Summary, Table ES-1, page ES-37).

Changes or alterations have been required in, or incorporated into, the project

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Mitigation Measures
Implement MM CUL-2 and MM CUL-3.

Facts in Support of Finding: On August 28, 2024, the City requested a Sacred Lands File (SLF) search from the NAHC for the Housing Element Update area, and on August 30, 2024, the NAHC confirmed that the SLF was negative for known Native American cultural resources. The NAHC provided a list of Tribal representatives for consultation; however, subsurface excavation could still encounter previously undiscovered TCRs that may be eligible for listing in the California Register of Historical Resources (CRHR). While the proposed project does not directly affect recorded TCRs, future development under Program 10/11 Rezone/GPA could impact unknown resources, creating a potentially significant impact. The General Plan includes policies requiring meaningful AB 52 and SB 18 consultation and identification and conservation of TCRs. Compliance with these policies, the Historic Preservation Ordinance, State and federal laws, and implementation of Mitigation Measures CUL-2 and CUL-3 will ensure appropriate review and treatment of any discovered resources, reducing potential impacts to TCRs to less than significant.

The Lead Agency finds that MM CUL-2 and MM CUL-3 are feasible, are adopted, and will further reduce impacts to TCRs. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts related to TCRs would be less than significant with mitigation incorporated.

1.6.19 - Impact TCR-2
Impact TCR-2: Development consistent with the proposed project would not cause a substantial adverse change in the significance of a Tribal Cultural 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.

Finding: Less than significant impact with mitigation incorporated. (Draft Program EIR, Section 3.17, pages 3.17-17 to 3.17-18; Executive Summary, Table ES-1, page ES-37).

Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)).

Mitigation Measures
Implement MM CUL-2 and MM CUL-3.

Facts in Support of Finding: On May 19, 2022, in compliance with AB 52 and SB 18, the City notified Tribal representatives of the proposed Housing Element Update and invited consultation. Responses

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx were received from the Yurok Serrano Morongo Nation (YSMN), Fort Yuma Quechan Indians, and Rincon Band of Luiseño Indians. The YSMN confirmed the site is within Serrano ancestral territory but expressed no conflict with the proposed zoning changes, noting that future projects may warrant additional consultation. The other Tribes indicated no concerns and deferred to local Tribes. On August 28, 2024, an SLF search was requested from the NAHC, and on August 30, 2024, the NAHC confirmed no known sacred sites within the project area, while providing a list of Tribal contacts for further consultation. At this time, no TCRs meeting the criteria of Public Resources Code Section 5024.1 have been identified; however, future development could encounter previously undiscovered TCRs. Compliance with General Plan policies, the Historic Preservation Ordinance, State and federal requirements, and implementation of Mitigation Measures CUL-2 and CUL-3 will ensure appropriate consultation and treatment of any discovered resources, reducing potential impacts to TCRs to less than significant.

The Lead Agency finds that MM CUL-2 and MM CUL-3 are feasible, are adopted, and will further reduce impacts to TCRs. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts related to TCRs would be less than significant with mitigation incorporated.

1.7 - Impacts Identified in the EIR as Being Significant and Unavoidable Even After the Incorporation of All Feasible Mitigation Measures The Lead Agency hereby finds that, despite the incorporation of mitigation measures outlined in the EIR and the attached Mitigation Monitoring and Reporting Program (MMRP), the following impacts from the proposed project and related approvals cannot be fully mitigated to a less than significant level and a Statement of Overriding Considerations is therefore included herein.

1.7.1 - Impact AIR-2
Impact AIR-2: The proposed project would result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or State ambient air quality standard.

Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)). However, impacts would still remain significant and unavoidable even with mitigation incorporated. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measure or project alternatives identified in the EIR. (CEQA Guidelines § 15091(a)(3); Draft Program EIR, Executive Summary, page ES-12; Draft Program EIR, Section 3.2, pages 3.2-24 to 3.2-29).

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx Mitigation Measures
MM AIR-2a Implement measures to reduce construction-related criteria air pollutant emissions.

Prior to approval by the City for non-ministerial projects proposed in the areas defined by the proposed project, the applicant shall prepare and submit a technical assessment evaluating potential project construction-related air quality impacts to the Planning Division for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology for assessing air quality impacts. If construction-related criteria air pollutants are determined to have the potential to exceed the South Coast AQMD-adopted thresholds of significance, the City shall require that applicants for new development projects incorporate mitigation measures and/or project design features to reduce air pollutant emissions during construction activities. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans or construction drawings) submitted to the City and shall be verified by the City’s Building and Safety Division. While specific mitigation measures and/or project design features to reduce construction-related emissions would be determined during project-level analysis, potential mitigation could include, but is not limited to:
• Requiring fugitive dust control measures that exceed South Coast AQMD’s Rule 403, such as:
- Use of nontoxic soil stabilizers to reduce wind erosion. - Applying water every 3 hours to active soil-disturbing activities. - Tarping and/or maintaining a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials.
• Using construction equipment rated by EPA as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower.
• Ensuring that construction equipment is properly serviced and maintained to the manufacturer’s standards.
• Limiting nonessential idling of construction equipment to no more than 5 consecutive minutes
• Limiting on-site vehicle travel speeds on unpaved roads to 15 miles per hour. • Installing wheel washers for all exiting trucks or washing all trucks and equipment leaving the project area.
• Using super-compliant volatile organic compound (VOC) paints for coating of architectural surfaces whenever possible.

MM AIR-2b Implement measures to reduce criteria air pollutant emissions during operation Prior to approval by the City for non-ministerial projects proposed in the areas defined by the proposed project, applicants shall prepare and submit a technical

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx assessment evaluating potential project operation phase-related air quality impacts to the Planning Division for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology in assessing air quality impacts. If operational-related air pollutants are determined to have the potential to exceed the South Coast AQMD adopted thresholds of significance, the Planning Division shall require incorporation of mitigation measures and/or project design features to reduce air pollutant emissions during operational activities, to be included as part of the conditions of approval. Possible mitigation measures and/or project design features to reduce long-term emissions could include, but are not limited to, the following:
• Providing truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with ARB Rule 2845 (13 California Code of Regulations Chapter 10 § 2485).
• Providing changing/shower facilities as specified in Section A5.106.4.3 of the California Green Building Standards Code (CALGreen) (Nonresidential Voluntary Measures).
• Providing bicycle parking facilities per Section A4.106.9 (Residential Voluntary Measures) of CALGreen.
• Providing preferential parking spaces for low-emitting, fuel-efficient, and carpool/van vehicles per Section A5.106.5.1 of CALGreen (Nonresidential Voluntary Measures). Encouraging facilities to support electric charging stations per Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of CALGreen. • Providing appliances shall be Energy Star-certified appliances or appliances of equivalent energy efficiency (e.g., dishwashers, refrigerators, clothes washers, and dryers). Installation of Energy Star-certified or equivalent appliances shall be verified by Building & Safety during plan check.
• Equipping landscaped common areas with electrical outlets to enable use of electric landscaping equipment to the extent feasible.

Facts in Support of Findings: Impact AIR-2 addresses whether the proposed project would result in a cumulatively considerable net increase of criteria pollutants for which the South Coast Air Basin is in nonattainment. The analysis finds that both construction and operation of new residential and nonresidential development under the Program 10/11 Rezone/GPA would generate emissions of reactive organic gases (ROG), nitrogen oxides (NOx), carbon monoxide (CO), PM 10, and PM2.5.

Construction emissions would come from equipment exhaust, vehicle trips, and activities like grading and paving, while operational emissions would result from area sources, energy use, and increased vehicle trips. Modeling shows that, at full buildout, emissions of ROG, NOx, CO, PM10, and PM2.5 would exceed South Coast AQMD’s daily significance thresholds. Although mitigation measures (MM AIR-2a for construction and MM AIR-2b for operation) are required to reduce emissions through best practices and project design features, these measures are not sufficient to guarantee emissions would fall below significance thresholds. As a result, both construction and operational

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3.2-27).

The Lead Agency finds MM AIR-2a and MM AIR-2b are feasible, are adopted, and will reduce impacts to the greatest extent feasible. However, impacts would still remain significant and unavoidable even with mitigation incorporated.

1.7.2 - Impact AIR-3
Impact AIR-3: The proposed project would expose sensitive receptors to substantial pollutant concentrations.

Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)). However, impacts would still remain significant and unavoidable even with mitigation incorporated. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measure or project alternatives identified in the EIR. (CEQA Guidelines § 15091(a)(3); Draft Program EIR, Executive Summary, page ES-14; Draft Program EIR, Section 3.2, pages 3.2-30 to 3.2-33).

Mitigation Measures
MM AIR-3 Health Risk Assessment
Prior to discretionary approval by the City of Colton, project applicants for new development projects that (1) have the potential to generate emissions of toxic air contaminants (TAC)s and/or diesel particle matter (DPM) emissions during construction or operation, and (2) are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, or nursing homes) as measured from the property line of the project to the property line of the nearest sensitive use, shall submit a Health Risk Assessment (HRA) to the City for review and approval. The HRA shall be prepared in accordance with policies and procedures of the California Office of Environmental Health Hazard Assessment (OEHHA) and the South Coast Air Quality Management District (South Coast AQMD). If the HRA shows that the incremental cancer risk and/or non-cancer hazard index exceed the respective thresholds, as established by the South Coast AQMD at the time a project is considered, the project applicant will be required to identify and demonstrate that best available control technologies for toxics (T-BACT), including appropriate enforcement mechanisms, are capable of reducing potential cancer and non-cancer risks to an acceptable level. T-BACTs identified in the HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan.

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx Facts in Support of Finding: Impact AIR-3 analyzes whether the proposed project would expose sensitive receptors—such as residents, schools, hospitals, and recreational users—to substantial localized air pollutant concentrations during construction and operation. The analysis finds that, because the timing and intensity of future development is uncertain and some projects may occur close to sensitive receptors, there is potential for construction equipment exhaust and fugitive dust to exceed South Coast AQMD’s Localized Significance Thresholds (LSTs), even with implementation of mitigation measure MM AQ-2a (requiring best practices to reduce construction emissions). Similarly, operational emissions from stationary sources (like natural gas combustion) could also exceed LSTs despite MM AQ-2b (requiring operational emission controls). For projects with potential to generate toxic air contaminants (TACs) or diesel particulate matter (DPM), MM AQ-3 requires a Health Risk Assessment (HRA) and use of best available control technologies if risks exceed thresholds. However, due to the programmatic nature of the EIR and uncertainty about specific future uses, the City conservatively concludes that significant and unavoidable impacts to sensitive receptors could occur during both construction and operation, even with mitigation. The analysis also finds that carbon monoxide (CO) “hot spots” are not expected, as local traffic volumes are well below levels of concern, and that asbestos risks from demolition would be less than significant with compliance to South Coast AQMD Rule 1403 (Draft Program EIR, Section 3.2, pages 3.2-30 to 3.2-33).

The Lead Agency finds MM AIR-3 is feasible, is adopted, and will reduce impacts to the greatest extent feasible. However, impacts would still remain significant and unavoidable even with mitigation incorporated.

1.7.3 - Cumulative Air Quality Impact
Cumulative Air Quality Impact
The proposed project would expose sensitive receptors to substantial pollutant concentrations.

Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)). However, impacts would still remain significant and unavoidable even with mitigation incorporated. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measure or project alternatives identified in the EIR. (CEQA Guidelines § 15091(a)(3); Draft Program EIR, Executive Summary, page ES-15; Draft Program EIR, Section 3.2, pages 3.2-23 to 3.2-36).

Mitigation Measures
Implement MM AIR-2a, MM AIR-2b, and MM AIR-3
Facts in Support of Finding: The cumulative impact analysis for Impacts AIR-1, AIR-2, AIR-3, and AIR- 4 (Draft Program EIR, Section 3.2, pages 3.2-23 to 3.2-36) finds that the proposed project, together with other past, present, and reasonably foreseeable development in the region, would contribute to significant cumulative air quality impacts. The South Coast Air Basin is already in nonattainment for ozone and particulate matter, and cumulative emissions from construction and operation of new

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx development—including those facilitated by the Program 10/11 Rezone/GPA—would exceed South Coast AQMD’s significance thresholds for criteria pollutants (ROG, NOx, CO, PM10, PM2.5). Even with implementation of mitigation measures, these emissions cannot be reduced below significance thresholds, so cumulative impacts for AIR-1 (consistency with air quality plans), AIR-2 (criteria pollutant increases), and AIR-3 (exposure of sensitive receptors) are considered significant and unavoidable. For AIR-4 (odors and other emissions), cumulative impacts are less than significant because the types of land uses proposed are not expected to generate objectionable odors, and any odor impacts would be localized and temporary. Overall, the project’s incremental contribution to cumulative air quality impacts is considerable for criteria pollutants and sensitive receptor exposure, but not for odors (Draft Program EIR, Section 3.2, pages 3.2-23 to 3.2-36).

The Lead Agency finds MM AIR-2a, MM AIR-2b and MM AIR-3 are feasible, are adopted, and will reduce impacts to the greatest extent feasible. However, impacts would still remain significant and unavoidable even with mitigation incorporated.

1.7.4 - Impact CUL-1
Impact CUL-1: Development consistent with the proposed project would cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5.

Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)). However, impacts would still remain significant and unavoidable even with mitigation incorporated. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measure or project alternatives identified in the EIR. (CEQA Guidelines § 15091(a)(3); Draft Program EIR, Executive Summary, page ES-18; Draft Program EIR, Section 3.4, pages 3.4-28 to 3.4-29).

Mitigation Measures
MM CUL-1 Project-specific Environmental Review Individual development projects which propose to alter a building or structure greater than 45 years of age at the time an application is submitted would be required to undergo project-specific environmental review, in compliance with CEQA Guidelines Section 15064.5, in order for the City to determine whether the building or structure may be a historic resource and take appropriate action such as requiring additional site-specific or project-specific measures to reduce any potential impacts. These measures are, but not limited to the following:

Prior to project development that may affect historical resources (i.e., structures 45 years or older), a historical resources assessment shall be performed by an architectural historian or historian who meets the Secretary of the Interior’s Professionally Qualified Standards in architectural history or history. This shall include a records search to determine whether any resources that may be

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx potentially affected by the project have been previously recorded, evaluated, and/ or designated in the National Register of Historic Places (NRHP), California Register of Historical Resources (CRHR), or a local register. Following the records search, the qualified architectural historian shall conduct a survey in accordance with the California Office of Historic Preservation (OHP) guidelines to identify any previously unrecorded potential historical resources that may be potentially affected by the proposed project. The criteria for determining a historically significant building or structure shall meet one or more of the following criteria:

1. Is associated with events that have made a significant contribution to the broad patterns of local, regional, or national history; or

2. Is associated with the lives of persons significant in local, regional, or national history; or

3. Embodies the distinctive characteristics of a significant architectural style, property type, period, or method of construction; represent the work of an architect, designer, engineer, or builder who is locally, regionally, nationally significant, or it is a significant visual feature of the City; possess high artistic values, represent a significant and distinguishable entity whose components may lack individual distinction; or

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

Properties identified as historically significant resources, shall contain proper documentation meeting the Historic American Building Survey (HABS) Guidelines that shall be prepared and implemented, as approved by the qualified historian meeting the Secretary of the Interior’s Professional Qualifications Standards. Such documentation shall include drawings, photographs, and written data for each building/structure/element, and provide a detailed mitigation plan, including a monitoring program, recovery, rehabilitation, redesign, relocation, and/or in situ preservation plan. To ensure that projects requiring the relocation, rehabilitation, or alternation of a historical resource do not impact the resource’s significance, the Secretary of Interior’s Standards for the Treatments of Historic Properties shall be used to the maximum extent possible. The application of the standards shall be overseen by a qualified architectural historian or historic architect meeting the Professional Qualified Standards. Prior to any construction activities that may affect the historical resource, a report identifying and specifying the treatment of character-defining features and construction activities shall be provided to the City of Colton for review and approval.

If a proposed project would result in the demolition or significant alteration of historical resource, such demolition cannot be mitigated to a less than significant level. However, recordation of the resource prior to construction activities will assist in reducing adverse impacts to the resource to the greatest extent possible.

Recordation shall take the form of Historic American Buildings Survey, Historic

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx American Engineering Record, or Historic American Landscape Survey documentation and shall be performed by an architectural historian or historian who meets the Professional Qualified Standards. Documentation shall include an architectural and historical narrative; medium- or large-format black and white photographs, negatives, and prints; and supplementary information such as building plans and elevations, and/or historical photographs. Documentation shall be reproduced on archival paper and placed in appropriate local, State, or federal institutions. The specific scope and details of documentation are to be developed in coordination with the City of Colton.

Facts in Support of Finding: Development under the Program 10/11 Housing Element Update could result in a substantial adverse change to historical resources, as defined by CEQA, if existing homes or businesses that may be historic are demolished, altered, or relocated. While the General Plan and Historic Preservation Ordinance include robust policies and procedures for identifying, documenting, and protecting historic resources, and all projects affecting structures over 45 years old must undergo project-specific environmental review, there remains the potential for significant and unavoidable impacts if a historic resource is ultimately demolished. As the City receives development applications for subsequent development under the Program 10/11 of the Housing Element Update, those applications will be reviewed by the City for compliance with the goals and policies of the General Plan related to the protection of historical resources. However, to achieve and implement the stated policies and goals outlined in the General Plan, the following mitigation measures with regards to the historic built environment would apply. These measures are intended to minimize adverse effects to the extent feasible. However, due to the potential limitations of mitigation in fully offsetting impacts for certain individual projects, and in accordance with CEQA standards, such impacts may remain significant and unavoidable. Even with implementation of mitigation measures and adherence to City policies, some impacts to historic resources may not be fully avoidable, and the City conservatively concludes that future development could eliminate important examples of California history or prehistory or otherwise materially impair the significance of designated or eligible historic resources (Draft Program EIR, Section 3.4, pages 3.4-28 to 3.4-29).

The Lead Agency finds MM CUL-1 is feasible, is adopted, and will reduce impacts to the greatest extent feasible. However, impacts would still remain significant and unavoidable even with mitigation incorporated.

1.7.5 - Cumulative Cultural Impact
Cumulative Cultural Impact
Development consistent with the proposed project would cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5.

Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)). However, impacts would still remain significant and unavoidable even with mitigation incorporated. Specific economic, legal, social, technological, or other considerations, including provision of

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/0237/02370039/FOF/02370039 Colton Housing Element Update FOF.docx employment opportunities for highly trained workers, make infeasible the mitigation measure or project alternatives identified in the EIR. (CEQA Guidelines § 15091(a)(3); Draft Program EIR, Executive Summary, page ES-24; Draft Program EIR, Section 3.4, pages 3.4-30 to 3.4-32).

Mitigation Measures
Implement MM CUL-1.

Facts in Support of Finding: As the City receives development applications for subsequent development consistent with the Program 10/11 Rezone/GPA, those applications would be reviewed by the City for compliance with the policies of the General Plan, the City’s Historic Preservation Ordinance, and other relevant federal, State, and local regulations that protect historical resources, including Section 15064.5 of the CEQA Guidelines and Sections 5024.1 and 5097 of the Public Resources Code. However, in the event that an individual development project proposed to demolish a property determined to be a historic resource, this would result in a significant and unavoidable impact that could not be mitigated. For these reasons, the City has conservatively concluded that the proposed project’s incremental contribution to the less than significant cumulative impacts would be considered cumulatively considerable. (Draft Program EIR, Section 3.4, pages 3.4-30 to 3.4-32.) For archaeological resources, the cumulative analysis notes that cumulative development could affect known or previously unidentified archaeological sites. Nevertheless, all projects must adhere to CEQA and Public Resources Code requirements for identification, evaluation, and mitigation of impacts to archaeological resources. This includes project-level analysis and consultation, which help ensure that cumulative impacts are less than significant and that the proposed project’s contribution is not cumulatively considerable (Draft Program EIR, Section 3.4, page 3.4-34 to 3.4-35).

Regarding human remains, the cumulative analysis explains that construction activities across multiple projects could encounter previously undiscovered human remains. Although the Housing Element Update is designed to encourage and facilitate new housing construction within the City, the Housing Element Update does not propose any specific development projects and therefore would not approve any construction and would not have any direct contribution to any cumulative impacts. Moreover, compliance with federal and State laws, including Health and Safety Code Section 7050.5 and Public Resources Code Section 5097, requires appropriate procedures for discovery, notification, and treatment of human remains. These requirements ensure that cumulative impacts are less than significant and that the project’s incremental contribution is not cumulatively considerable (Draft Program EIR, Section 3.4, page 3.4-37).

The Lead Agency finds MM CUL-1 is feasible, is adopted, and will reduce impacts to the greatest extent feasible. However, impacts would still remain significant and unavoidable even with mitigation incorporated.

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1.7.6 - Impact PUB-4
Impact PUB-4: The proposed project would result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for parks.

Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)). However, no feasible mitigation is available. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measure or project alternatives identified in the EIR. (CEQA Guidelines § 15091(a)(3); Draft Program EIR, Executive Summary, page ES-35; Draft Program EIR, Section 3.14, pages 3.14-15 to 3.14-17).

Mitigation Measures
No feasible mitigation.

Facts in Support of Finding: Future development projects that occur on the sites proposed for rezoning would be required to provide open space or recreational facilities or pay in lieu fees.

However, because of the limited size of the parcels, the provision of open space and recreational facilities on these parcels would not be sufficient to alleviate the City’s ongoing shortage of parkland.

As such, no feasible mitigation is available, and the proposed project’s impact on park facilities would be significant and unavoidable. As the City receives development applications for subsequent development consistent with the Program 10/11 Rezone/GPA, those applications would be reviewed by the City for compliance with the policies and program of the General Plan to ensure that parks and recreational facilities are adequate to serve the City’s population. In addition, development consistent with the Program 10/11 Rezone/GPA would be required to pay the capital facilities fee in accordance with the Municipal Code. However, because the City is in an ongoing deficit for parkland, any population increase in the City would exacerbate the existing deficit. Therefore, future development consistent with the Program 10/11 Rezone/GPA would have a significant and unavoidable impact related to the provision of parkland consistent with the City’s acreage goals. (Draft Program EIR, Section 3.14, pages 3.14-15 to 3.14-17.) The Lead Agency did not identify any feasible mitigation applicable to the proposed project and impacts would remain significant and unavoidable.

1.7.7 - Cumulative Parkland Impact
Cumulative Cultural Impact
The proposed project would result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in

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Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)). However, no feasible mitigation is available. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measure or project alternatives identified in the EIR. (CEQA Guidelines § 15091(a)(3); Draft Program EIR, Executive Summary, page ES-35; Draft Program EIR, Section 3.14, page 3.14-18).

Mitigation Measures
No feasible mitigation.

Facts in Support of Finding: The City of Colton currently has a significant parkland deficit, providing only about 0.92 acre per 1,000 residents compared to its goal of 5 acres per 1,000 residents.

Although new development, including that facilitated by the Program 10/11 Rezone/GPA, is required to pay development impact fees and there are plans for new and renovated parks (such as the proposed 42-acre Colton Habitat Park), these measures are not sufficient to address the existing and projected shortfall. The cumulative effect of population growth from the proposed project and other development would further increase demand on already limited park resources, potentially leading to deterioration of existing parks or the need for new park construction, which could have additional environmental impacts. Because payment of fees does not guarantee new parkland will be provided or that the deficit will be resolved, and because the size of new development parcels limits the ability to provide adequate open space, the cumulative impact on park facilities is considered significant and unavoidable (Draft Program EIR, Section 3.14, pages 3.14-15 to 3.14-18).

The Lead Agency did not identify any feasible mitigation applicable to the proposed project and impacts would remain significant and unavoidable.

1.8 - Findings Regarding Alternatives

1.8.1 - Introduction
This section presents findings regarding the following alternatives to the proposed project evaluated in the Draft Program EIR:
• Alternative 1–No Project Alternative: Under the No Project Alternative, the proposed project would not occur, and no updates to the General Plan Land Use Map, Zoning Map, Land Use Element, or Zoning Ordinance would be proposed.
• Alternative 2–Reduced Density Alternative: Under the Reduced Density Alternative, the same parcels identified for rezoning would be rezoned but at reduced densities as compared to the proposed project. This alternative would reduce the overall housing units that could be accommodated by approximately 497 units while still allowing the City to meet its RHNA.

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• Alternative 3–Inclusionary Park Space Alternative: Under the Inclusionary Park Space Alternative, all development sites greater than 1 acre in size would be required to include space such as a tot lot, playground, courtyard, or plaza. Recreational space shall be included at a minimum of 10 percent of gross square footage of the individual project. This alternative would require updates to the General Plan Land Use Map, Zoning Map, Land Use Element, and Zoning Ordinance, similar to the proposed project.
• Alternative 4–Increased Park Space Alternative: This alternative would rezone some of the vacant parcels identified for rezone under the proposed project to allow for parks or other recreational space instead of housing. This alternative would include sufficient housing unit potential calculated at a reasonable potential yield to meet the City’s RHNA but would result in a reduction in the total number of dwelling units on the identified parcels. This alternative would require updates to the General Plan Land Use Map, Zoning Map, Land Use Element, and Zoning Ordinance similar to the proposed project.
• Alternative 5–Increased Density Alternative: The proposed project has calculated buildout of 1,953 dwelling units utilizing a reasonable yield ratio of 60 percent residential per site, as described in Chapter 2, Project Description. This alternative would allow the City to permit development on the identified parcels to be rezoned at a reasonable yield ratio of 70 percent residential per site (2,079 dwelling units compared to 1,953 units for the proposed project) and would increase the surplus of dwelling units needed to meet the City’s RHNA. This alternative would require updates to the General Plan Land Use Map, Zoning Map, Land Use Element, and Zoning Ordinance, similar to the proposed project.

In accordance with CEQA Guidelines Section 15126.6, the EIR contained a comparative impact assessment of alternatives to the proposed project. The primary purpose of this analysis is to provide decision-makers and interested agencies, organizations and individuals with information about a reasonable range of potentially feasible project alternatives, which could avoid or reduce any of the project’s significant adverse environmental effects. Important considerations for this alternatives analyses are noted below:
• An EIR need not consider every conceivable alternative to a project; • An EIR should identify alternatives that were considered by the lead agency, but rejected as infeasible during the scoping process;
• Reasons for rejecting an alternative include:
- Failure to meet most of the basic project objectives identified in Section 1.3.2, above; - Infeasibility; and
- Inability to avoid significant environmental effects.

CEQA does not require that an analysis of alternate sites always be included in an EIR. “[A]n EIR is not ordinarily an occasion for the reconsideration or overhaul of fundamental land use policy”

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Alternative 1: No Project Alternative
Under this alternative, the proposed Housing Element Update Program 10/11 Rezone and General Plan Amendment would not occur. No updates to the General Plan Land Use Map, Zoning Map, Land Use Element, or Zoning Ordinance would be implemented (Draft Program EIR, Chapter 6, page 6-7).

The primary objective of the proposed project is to rezone parcels to provide sufficient capacity to meet the City’s RHNA allocation of 5,434 units for the 2021–2029 planning period. The No Project Alternative would retain existing zoning and land use designations, which the Housing Element analysis determined are inadequate to meet RHNA requirements (Draft Program EIR, Chapter 6, pages 6-7 and 6-13). The proposed project seeks to encourage infill development and efficient development patterns by rezoning underutilized and vacant parcels. Under Alternative 1, and without rezoning, these opportunities would not be realized, and the City would continue to face constraints on housing development (Draft Program EIR, Chapter 1, pages 1-31 and Chapter 6, page 6-13). The Housing Element requires zoning that supports a variety of housing types, including affordable housing. Under Alternative 1, existing zoning does not allow the densities necessary to accommodate lower-income housing (30 du/acre minimum). Therefore, the No Project Alternative would not meet State law requirements or the City’s goal to provide housing for all income levels (Draft Program EIR, Chapter 1, pages 1-31 to 1-32 and Chapter 6, page 6-13). Additionally, one of the City’s objectives is to reduce or remove constraints to housing development. Without rezoning and General Plan amendments, existing regulatory barriers remain, preventing the City from implementing best practices and facilitating streamlined housing approvals (Draft Program EIR, Chapter 1, page 1-32 and Chapter 6, page 6-13). Accordingly, Alternative 1 is rejected.

Alternative 2: Reduced Density Alternative
Under Alternative 2, the same parcels identified for rezoning under the proposed project would still be rezoned, but at reduced residential densities. This would lower the potential number of dwelling units compared to the proposed project, while still exceeding the City’s RHNA requirement.

The proposed project, in combination with other programs and projects in the City, would result in a RHNA surplus of 1,500 units. This alternative would result in a RHNA surplus of only approximately 497 units. (Draft Program EIR, Chapter 6, page 6-14). The purpose of this alternative was to address impacts associated with increased growth, such as air quality, GHG emissions, and transportation.

While some impacts would be slightly reduced (e.g., aesthetics, air quality, noise, utilities), the overall environmental footprint and site disturbance would remain similar because development would still occur on the same parcels. However, significant unavoidable impacts, such as those related to air quality (regional emissions and Air Quality Management Plan [AQMP] consistency) and

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Although Alternative 2 would meet most project objectives, it would not meet them as efficiently or to the same extent as the proposed project. While RHNA compliance would still be achieved, the surplus of units would be much smaller (497 vs. 1,500 units), limiting flexibility to accommodate future housing demand and market shifts (Draft Program EIR, Chapter 6, page 6-14). Lower densities reduce opportunities for diverse housing types and efficient land use patterns (Draft Program EIR, Chapter 6, page 6-18). Air quality impacts remain significant and unavoidable due to regional emissions and AQMP inconsistency, even with reduced density (Draft Program EIR, Chapter 6, pages 6-15 to 6-16). Cultural resource impacts also remain significant and unavoidable (Draft Program EIR, Chapter 6, page 6-15). The alternative does not maximize housing opportunities, which is a key goal of the Housing Element Update (Draft Program EIR, Chapter 6, page 6-20). Accordingly, because Alternative 2 does not achieve project objectives to the same degree as the proposed project and does not reduce significant unavoidable impacts to less than significant levels, it is considered undesirable under CEQA and rejected (Draft Program EIR, Chapter 6, page 6-20).

Alternative 3: Inclusionary Park Space Alternative
Under Alternative 3, all development sites greater than 1 acre would be required to include common open or recreational space (e.g., tot lot, playground, courtyard, or plaza) at a minimum of 10 percent of the gross square footage of the individual project. This alternative would affect 17 parcels and require updates to the General Plan Land Use Map, Zoning Map, Land Use Element, and Zoning Ordinance, along with additional modifications to design regulations to mandate the inclusion of recreational space (Draft Program EIR, Chapter 6, pages 6-21 to 6-22).

Overall development intensity would remain substantially similar to the proposed project, as reductions in residential space would be offset by decreasing commercial/mixed-use areas on certain parcels to maintain housing capacity. Impacts across most environmental topics—such as aesthetics, air quality, biological resources, cultural resources, noise, transportation, utilities, and wildfire—would be similar to the proposed project (Draft Program EIR, Chapter 6, pages 6-22 to 6- 26).

While Alternative 3 could introduce approximately 6.71 acres of additional parkland, the City’s parkland ratio deficiency (currently 0.92 acre per 1,000 residents versus the goal of 5 acres) would not be remedied. Therefore, impacts related to public services (parks) would be slightly reduced under this alternative, but would remain significant and unavoidable (Draft Program EIR, Chapter 6, page 6-25).

Although Alternative 3 would meet most project objectives, it would not meet them to the same extent as the proposed project. Alternative 3 offers limited improvement to the City’s parkland deficiency. The City’s goal is 5 acres of parkland per 1,000 residents, but Alternative 3 would only add approximately 6.71 acres, which is insufficient to address the existing deficit. Thus, significant and unavoidable impacts to park services remain (Draft Program EIR, Chapter 6, page 6-25).

Depending on how development applications are filed, this alternative could result in slightly fewer

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The inclusion of park space does not substantially lessen these impacts (Draft Program EIR, Chapter 6, pages 6-22 and 6-26). While the alternative promotes community amenities, it does not improve housing capacity or reduce major environmental impacts. Therefore, it does not meet project objectives as efficiently or effectively as the proposed project (Draft Program EIR, Chapter 6, pages 6- 26 to 6-27).

Accordingly, Alternative 3 is considered undesirable under CEQA because it does not reduce significant unavoidable impacts and does not meet project objectives to the same extent as the proposed project and is therefore rejected (Draft Program EIR, Chapter 6, pages 6-26 to 6-27).

Alternative 4: Increased Park Space Alternative
Alternative 4 would rezone one or more vacant parcels identified under the proposed project to allow for recreational space/parks (e.g., pocket parks, playgrounds, plazas) instead of residential or mixed-use development. While this alternative would reduce the number of dwelling units or commercial space on certain parcels, it would still provide sufficient rezoning to meet the City’s RHNA allocation of 5,434 units, though with a smaller surplus compared to the proposed project (Draft Program EIR, Chapter 6, page 6-27 to 6-36). The purpose of this alternative is to reduce impacts related to park facilities by introducing additional open space.

Although Alternative 4 meets most objectives, it does not meet them as efficiently or to the same extent as the proposed project. Importantly, although Alternative 4 would still allow the City to meet its RHNA, it would do so with a smaller surplus, limiting flexibility to accommodate future housing needs (Draft Program EIR, Chapter 6, page 6-36). Additionally, this Alternative does not reduce significant unavoidable impacts to below a level of significance. Air quality and cultural resource impacts remain significant and unavoidable. Parkland deficiency also remains significant despite added recreational space (Draft Program EIR, Chapter 6, page 6-36).

Alternative 4 introduces park space but reduces housing capacity and does not substantially lessen major environmental impacts. Therefore, it does not achieve project objectives as effectively as the proposed project (Draft Program EIR, Chapter 6, page 6-36). Accordingly, Alternative 4 is considered undesirable under CEQA because it does not reduce significant unavoidable impacts and does not meet project objectives to the same extent as the proposed project and is therefore rejected (Draft Program EIR, Chapter 6, page 6-36).

Alternative 5: Increased Density Alternative
Alternative 5 proposes increasing the residential yield ratio from 60 percent to 70 percent per site, resulting in approximately 2,079 dwelling units compared to 1,953 units under the proposed project.

This alternative would require updates to the General Plan Land Use Map, Zoning Map, Land Use Element, and Zoning Ordinance, similar to the proposed project. The purpose of this alternative is to meet project objectives to an even greater extent by providing additional housing units and

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While Alternative 5 would meet all project objectives and even exceed them by providing additional housing units, it is rejected because it does not reduce any significant unavoidable impacts and, in fact, increases several impacts compared to the proposed project. Alternative 5 would generate higher levels of criteria pollutants (ROG, NO
X, PM10, PM2.5) due to increased construction activity, vehicle trips, and energy consumption. These impacts would be significant and unavoidable and are greater than those of the proposed project (Draft Program EIR, Chapter 6, page 6-37). Higher residential density results in greater VMT, emergency access concerns, and increased demand for public services and utilities. Transportation impacts would be significant and unavoidable (Draft Program EIR, Chapter 6, pages 6-43 to 6-45).

Additionally, this alternative would not result in significant reductions to the proposed project’s significant and unavoidable impacts. Similar to the proposed project, cultural resources impacts remain significant and unavoidable. Alternative 5 does not mitigate these impacts to less than significant levels (Draft Program EIR, Chapter 6, page 6-38). Although the physical footprint remains the same, increased density leads to higher energy use, GHG emissions, noise, and utility demand, making overall environmental performance more impactful compared to the proposed project (Draft Program EIR, Chapter 6, pages 6-39 to 6-45).

Accordingly, Alternative 5 is considered undesirable under CEQA because, despite meeting project objectives to a greater extent, it increases environmental impacts and fails to reduce any significant unavoidable impacts and is therefore rejected (Draft Program EIR, Chapter 6, page 6-46).

Environmentally Superior Alternative
Section 15126.6(e)(2) of the CEQA Guidelines indicates that an analysis of alternatives to a proposed project shall identify an environmentally superior alternative among the alternatives evaluated in an EIR.

Each Alternative 1 through 4 would lessen the environmental impacts relative to the proposed project to a certain degree (as described above and further in the EIR). If the No Project Alternative is the environmentally superior alternative—which is the case here as it avoids all project impacts, but fails to satisfy any of the project objectives—the EIR must also identify another environmentally superior alternative among the remaining alternatives. Overall, based on these Findings, Alternative 4 balances environmental performance with partial attainment of project goals, offering modest reductions in significant impacts without introducing new adverse effects. Therefore, Alternative 4 is identified as the environmentally superior alternative among those that feasibly meet most of the project’s objectives, even though it fails to fully implement project objectives. (Draft Program EIR, Chapter 6, page 6-49.) Given its failure to fully implement project objectives, Alternative 4, the environmentally superior alternative, is rejected.

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1.9 - Findings Regarding Cumulative Impacts
Consistent with CEQA’s requirements, the EIR for the proposed project includes an analysis of cumulative impacts. As discussed above, except as to cumulative air quality impacts, cultural resources impacts and parkland impacts, as described below, all other cumulative impacts associated with the proposed project are less than significant or less than significant with the implementation of applicable mitigation and compliance with applicable regulations.

Cumulative air quality impacts remain significant even with incorporation of all feasible mitigation with respect to the following:
• Cumulatively Considerable Net Increase of Any Criteria Pollutant for Which the Project Region Is Nonattainment Under an Applicable Federal or State Ambient Air Quality Standard: As discussed under Impact AIR-1, the proposed project is inconsistent with the current air quality plan and impacts related to consistency with the air quality plan would be significant and unavoidable. Therefore, the proposed project’s incremental contribution would also be cumulatively considerable with regard to consistency with the air quality plan. The proposed project would contribute criteria pollutants to the area during temporary project construction and operation. When combined with the possible impacts of several individual projects in the area possibly under construction simultaneously, the generation of fugitive dust and pollutant emissions during construction could result in substantial short-term increases in air pollutants. However, each project would be required to comply with the South Coast AQMD’s standard construction emissions control measures and mitigation measures AIR-2a and AIR-2b. However, as the proposed project would have significant and unavoidable impacts related to the considerable net increase of any criteria pollutant for which the region is in nonattainment under an applicable federal or State ambient air quality standard, even after implementation of MMs AIR-2a and AIR-2b, it would also contribute to a cumulative impact. Therefore, cumulative impacts would be significant and unavoidable. • Expose Sensitive Receptors to Substantial Pollutant Concentration: Future development consistent with the proposed project would increase activities that may expose sensitive receptors to substantial pollutant concentrations. MM AQ-3 would ensure mobile and construction sources of TACs not covered under South Coast AQMD permits are considered during subsequent project-level environmental review by the City. Implementation of the proposed project would result in land uses that could generate TACs from both permitted and non-permitted (e.g., trucks) sources that could contribute to elevated levels in the Basin. All construction would be required to comply with South Coast AQMD rules regulating construction activities, and implementation of MM AQ-1 would serve to substantially reduce DPM emission from construction activities. While individual projects that are subject to the CEQA process or to South Coast AQMD permitting requirements would be required to comply with South Coast AQMD rules and regulations, the proposed project may introduce uses that could increase TAC emissions that would contribute to the higher levels of risk in the Basin.

Therefore, the proposed project’s cumulative contribution to health risk is significant and unavoidable.

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However, given that the City has been operating at a parkland deficit for several years, increased population within the City could exacerbate the existing parks deficit. Potential future impacts to Colton parks could be reduced through the contribution of the capital facilities fee to ensure facilities are adequately maintained and sufficient to accommodate growth associated with cumulative development. However, despite the payment of development impact fees, the proposed project could increase the parks deficit, accelerate deterioration of existing parks and recreational facilities, and make a considerable contribution to cumulative impacts on parks. Therefore, the proposed project’s cumulative impacts associated with development would be significant and unavoidable.

1.10 - Findings Regarding Growth Inducement
CEQA Guidelines Section 15126.2(e) requires a discussion of the ways in which a proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. Typical growth-inducing factors might be the extension of urban services or transportation infrastructure to a previously unserved or underserved area, or the removal of major barriers to development.

The Program 10/11 Rezone/GPA does not approve or entitle specific development projects and cannot predict when development will occur. It identifies sites for future housing to meet RHNA requirements and removes regulatory obstacles to planned growth. At full buildout, the project could accommodate approximately 3,255 net new housing units, increasing the City’s housing stock from 16,632 to 19,887 units. This equates to a population increase of about 3,260 people, which is considered planned growth under the Housing Element and SCAG projections (Draft Program EIR, Chapter 5, pages 5-8 to 5-9).

The project would not extend infrastructure outside city limits or the Sphere of Influence. Existing services and infrastructure (roads, utilities, public safety) are adequate, and future development would connect locally to existing systems. No substantial infrastructure extensions or removal of

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The Program 10/11 Rezone/GPA accommodates planned growth consistent with the General Plan and Housing Element. It does not result in unplanned direct or indirect population growth. Impacts are considered less than significant (Draft Program EIR, Chapter 5, page 5-9).

The Lead Agency finds that the proposed project would not result in unplanned growth.

1.11 - Findings Regarding Significant Irreversible Environmental Changes According to Sections 15126(c) and 15126.2(d) of the CEQA Guidelines, the Lead Agency must address any significant irreversible environmental changes that would occur should the proposed project be implemented. Generally, a project would result in significant irreversible environmental changes if any of the following would occur:
• The project would involve a large commitment of nonrenewable resources; • The primary and secondary impacts of the project would generally commit future generations to similar uses;
• The project involves uses in which irreversible damage could result from any potential environmental accidents; or
• The proposed consumption of resources are not justified.

The Program 10/11 Rezone/GPA would result in long-term changes to land use patterns by rezoning approximately 89.9 acres for residential and mixed-use development. Once developed, these lands would not likely revert to their previous uses (Draft Program EIR, Chapter 5, page 5-10).

Irretrievable Commitment of Resources: Construction and operation of future housing projects would involve irreversible consumption of nonrenewable resources, including fossil fuels, building materials, and energy. These commitments are typical of urban development and cannot be recovered once used (Draft Program EIR, Chapter 5, page 5-10).

Energy Use and GHG Emissions: Increased energy demand and associated GHG emissions would occur during construction and operation. Although mitigation measures and compliance with State regulations (e.g., Title 24, CALGreen) would reduce impacts, some level of resource use and emissions is unavoidable (Draft Program EIR, Chapter 5, page 5-10).

Infrastructure and Public Services: Development would require long-term use of water, wastewater, and solid waste systems. While these systems have capacity, their use represents an irreversible commitment of resources (Draft Program EIR, Chapter 5, page 5-10).

The proposed project would cause some irreversible environmental changes related to land use conversion, resource consumption, and energy use; however, these changes are considered typical for urban development and are consistent with the City’s General Plan and Housing Element

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The Lead Agency finds that the proposed project would cause significant irreversible environmental changes related to land use conversion, resource consumption, and energy use.

1.12 - Mitigation Monitoring and Reporting Plan
Pursuant to Public Resources Code Section 21081.6 and CEQA Guidelines Section 15091(d), the Lead Agency adopts the MMRP prepared for the proposed project, attached as Appendix A.

Implementation of the mitigation measures contained in the MMRP is hereby made a condition of approval of the proposed project. The MMRP is incorporated by reference in these Findings. In the event of any inconsistencies between the mitigation measures set forth herein and the MMRP , the MMRP shall control.

1.13 - Findings Regarding Recirculation
During the public review period after the Draft Program EIR was published, the Lead Agency received comment letters containing certain additional information. Lead Agency staff and consultants involved in preparing the various studies, reports and analyses included in the Draft Program EIR have also presented additional information since the publication of the Draft Program EIR during the City’s public hearings on the proposed project. Some of this information was contained in comments submitted on the Draft Program EIR, and in responses to those comments contained in the Final EIR.

Other information was presented at or before public meetings/hearings on the EIR. The EIR incorporates feasible mitigation, additions, clarifications, modifications, and other changes, in response to comments and as determined appropriate by Lead Agency staff and required under CEQA.

Under Laurel Heights Improvement Ass'n v. Regents of Univ. of Cal. (1993) 6 C4th 1112 (Laurel Heights II) and the CEQA Guidelines (14 California Code of Regulations [CCR] § 15088.5(a)(3)), when information added to the Final EIR consists of a suggested additional mitigation measure, recirculation is required only if the new mitigation measure meets all of the following criteria (South County Citizens for Smart Growth v. County of Nevada (2013) 221 CA4th 316, 330):
• It is feasible;

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• It would clearly lessen the project's significant environmental impacts; and • It is not adopted.

Recirculation is only required only if each of the above tests is met. (South County Citizens, supra at 330). Here, no information was introduced that meets any of these tests.

The Lead Agency has considered all relevant information including the opinions and comments of interested agencies, organizations and individuals. The Lead Agency finds that the additional information received by the City does not meet the test for recirculation. Additionally, the Lead Agency finds that none of the additional information provided during the public comment period demonstrates any of the following situations requiring recirculation identified in CEQA Guidelines Section 15088.5 have occurred:
• A new significant environmental impact that would result from the project (or any alternative) or from a new mitigation measure proposed to be implemented. • A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance. • A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project (or an alternative), but the project's proponents decline to adopt it. • The Draft Program EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded.

Based on the foregoing and as explained in more detail in the Final EIR, and having reviewed all the information in the record of proceedings, the Lead Agency hereby finds that this additional information does not constitute significant new information, nor does it require recirculation of the EIR. The additional information merely clarifies or amplifies an adequate EIR.

1.14 - Statement of Overriding Considerations
CEQA requires that a Lead Agency balance the benefits of a project against its unavoidable environmental risk in determining whether to approve the proposed project. If the benefits outweigh the unavoidable adverse effects, those effects may be considered “acceptable” pursuant to CEQA Guidelines Section 15093(a). CEQA requires that a Lead Agency support, in writing, the specific reasons for considering a project acceptable when significant impacts are infeasible to mitigate.

Those reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record pursuant to CEQA Guidelines Section 15093(b). The Lead Agency’s written reasons are referred to as a Statement of Overriding Considerations.

As explained in the above Findings of Fact, most of the project’s impacts on the environment would either be insignificant or, through the incorporation of mitigation measures as conditions of approval

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Accordingly, as set forth below, the City of Colton hereby declares that the following benefits provided to the public through the approval and implementation of the proposed project outweigh the identified significant adverse environmental impacts of the proposed project that cannot be mitigated. The City of Colton finds that each of the project benefits separately and individually outweighs all of the unavoidable adverse environmental effects identified in the EIR and therefore finds those impacts to be acceptable.
• The project enables the City to meet its RHNA allocation for the 2021–2029 planning period, providing adequate sites for a range of income levels and ensuring compliance with State Housing Element Law.
• The project would benefit the human environment through cohesive design. • The project supports efficient land use, reduces sprawl, and leverages existing infrastructure, by prioritizing infill development on vacant and underutilized parcels. Prioritizing infill development also protects natural lands and open space and reduces fossil fuel consumption attributable to longer commuting distances and lack of transit options. • The project responds to the broad range of housing needs in the City and enables development of an adequate supply of housing for the City’s workforce, residents, and special needs populations by supporting a mix of housing types, densities, affordability levels, and designs. As required by State law, the project follows the principles of planning sustainable communities by meeting both the present and future housing needs of the City. • The project includes zoning amendments and General Plan updates that reduce or remove constraints to housing development, incorporate best practices, and streamline approvals for affordable housing.
• By increasing the housing supply, especially near employment centers and transit, the project supports local economic development, supports small businesses, helps attract and retain workforce, and improves the jobs-to-housing ratio in the City. • The project’s focus on infill, mixed-use, and higher-density development near transit and services is consistent with and advances the City’s commitment to greenhouse gas reduction, air quality improvement, and sustainable communities strategies. • The project encourages the inclusion of open space, recreational facilities, and parkland in new developments, improving community health and livability. • The project is consistent with the City’s General Plan, the South Colton Livable Corridor Plan, and the Southern California Association of Governments’ (SCAG) Connect SoCal 2024, supporting regional goals for housing, transportation, and sustainability.

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1.15 - Custodian of Record; Scope and Content of Record The documents and materials that constitute the record of proceedings on which these Findings are based are located at the City of Colton 659 North La Cadena Drive Colton, CA 92324. This information is provided in compliance with Public Resources Code Section 21081.6.

Various documents, information, testimony, reports, studies, analyses and other materials (both oral and written) constitute the record upon which the City bases these Findings and the basis for the City’s approval and/or adoption contained herein. These Findings cite specific pieces of evidence, but none of the City's findings are based solely on those cited pieces of evidence. Rather, these Findings are based upon the entire record, and the Lead Agency intends to rely upon all supporting evidence in the record for each of its conclusions contained herein.

The documents in the record include all items referenced in Public Resources Code Section 21167.6(e), and shall not include those items specifically excluded by the Public Resources Code or any other regulation.

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Appendix A:

Mitigation Monitoring and Reporting Program

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Mitigation Monitoring and Reporting Program
for the
City of Colton Housing Element Update Program 10/11 Rezone and General Plan Amendment
City of Colton, San Bernardino County, California
State Clearinghouse Number 2025010520
Prepared for:

City of Colton
659 North La Cadena Drive
Colton, CA 92324
909.370.5523
Contact: Mario Suarez, Planning Manager
Prepared by:

FirstCarbon Solutions
967 Kendall Drive, #A-537
San Bernardino, CA 92407
714.508.4100
Contact: Cecilia So, Project Director
Alison Rondone, Project Manager
Date: December 30, 2025

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City of Colton—Housing Element Update Program 10/11 Rezone and General Plan Amendment Mitigation Monitoring and Reporting Program Preface

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PREFACE
Section 21081.6 of the California Environmental Quality Act (CEQA) and CEQA Guidelines Section 15097 require a Lead Agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) whenever it adopts a Mitigated Negative Declaration (MND) in conjunction with a project approval.

The purpose of the MMRP is to ensure compliance with the mitigation measures occurs during project implementation.

The Draft Program EIR prepared for the proposed Housing Element Update Program 10/11 Rezone and General Plan Amendment (proposed project) concluded that project implementation could result in potentially significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval that reduce these potential impacts to a less than significant level. This MMRP documents how and when the mitigation measures adopted by the Lead Agency will be implemented and confirms that potential environmental impacts are reduced to less than significant levels as identified in the Draft Program EIR.

This document does not discuss those subjects that the environmental analysis demonstrates would result in less than significant impacts and for which no mitigation was proposed or necessary.

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Housing Element Update Program 10/11 Rezone and General Plan Amendment Mitigation Monitoring and Reporting Program

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Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial

3.1 Air Quality
MM AIR-2a: Implement measures to reduce construction-
related criteria air pollutant emissions.

Prior to approval by the City for non-ministerial projects proposed in the areas defined by the proposed project, the applicant shall prepare and submit a technical assessment evaluating potential project construction-related air quality impacts to the Planning Division for review and approval. The evaluation shall be prepared in conformance with South
Coast Air Quality Management District (South Coast AQMD) methodology for assessing air quality impacts. If
construction-related criteria air pollutants are determined to have the potential to exceed the South Coast AQMD-adopted thresholds of significance, the City shall require that applicants for new development projects incorporate
mitigation measures and/or project design features to reduce air pollutant emissions during construction activities. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management
plans or construction drawings) submitted to the City and shall be verified by the City’s Building and Safety Division.

While specific mitigation measures and/or project design features to reduce construction-related emissions would be determined during project-level analysis, potential mitigation could include but is not limited to:
• Requiring fugitive-dust control measures that exceed South Coast AQMD’s Rule 403, such as:
- Use of nontoxic soil stabilizers to reduce wind erosion. - Applying water every 3 hours to active soil-disturbing activities.

Incorporation into all
appropriate project
construction documents,
including all grading,
utility, building,
landscaping, and
improvement plans.

City’s Building and Safety
Division shall review
construction plans and
conduct site inspections.

Prior to project
approval
City of Colton
Planning Division;
City of Colton
Building and Safety
Division

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- Tarping and/or maintaining a minimum of 24 inches of
freeboard on trucks hauling dirt, sand, soil, or other
loose materials.
• Using construction equipment rated by EPA as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower.
• Ensuring that construction equipment is properly serviced and maintained to the manufacturer’s standards.
• Limiting nonessential idling of construction equipment to no more than 5 consecutive minutes
• Limiting on-site vehicle travel speeds on unpaved roads to 15 miles per hour.
• Installing wheel washers for all exiting trucks or washing all trucks and equipment leaving the project area.
• Using super-compliant volatile organic compound (VOC) paints for coating of architectural surfaces whenever
possible.

MM AIR-2b Implement measures to reduce criteria air
pollutant emissions during operation.

Prior to approval by the City for non-ministerial projects proposed in the areas defined by the proposed project,
applicants shall prepare and submit a technical assessment evaluating potential project operation phase-related air quality impacts to the Planning Division for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology in assessing air quality impacts. If operational-related air pollutants are determined to have the potential to exceed the South Coast AQMD adopted
thresholds of significance, the Planning Division shall require incorporation of mitigation measures and/or project design features to reduce air pollutant emissions during operational activities, to be included as part of the conditions of approval.

Incorporation into all
appropriate project
construction documents,
including all grading,
utility, building,
landscaping, and
improvement plans.

City’s Building and Safety
Division shall review
construction plans and
conduct site inspections.

Prior to project
approval
City of Colton
Planning Division

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Possible mitigation measures and/or project design features to reduce long-term emissions could include but are not limited to the following:
• Providing truck delivery and loading areas and truck
parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with CARB Rule 2845 (13 California Code of
Regulations Chapter 10 § 2485).
• Providing changing/shower facilities as specified in Section A5.106.4.3 of the California Green Building Standards Code (CALGreen) (Nonresidential Voluntary Measures).
• Providing bicycle parking facilities per Section A4.106.9 (Residential Voluntary Measures) of CALGreen.
• Providing preferential parking spaces for low-emitting, fuel- efficient, and carpool/van vehicles per Section A5.106.5.1 of CALGreen (Nonresidential Voluntary Measures).

Encouraging facilities to support electric charging stations per Section A5.106.5.3 (Nonresidential Voluntary
Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of CALGreen.
• Providing appliances shall be Energy Star-certified
appliances or appliances of equivalent energy efficiency (e.g., dishwashers, refrigerators, clothes washers, and dryers). Installation of Energy Star-certified or equivalent appliances shall be verified by Building & Safety during plan check.
• Equipping landscaped common areas with electrical outlets to enable use of electric landscaping equipment to the
extent feasible
MM AIR-3: Prior to discretionary approval by the City, project applicants for new development projects that (1) have the potential to generate emissions of toxic air contaminants (TACs) and/or diesel particulate matter (DPM) emissions during construction or operation, and (2) are within 1,000 Preparation of Health
Risk Assessment (HRA)
by a qualified air quality
consultant for individual
projects and
The HRA shall be
submitted prior to
discretionary
approval by the
City. Mitigation
City of Colton
Planning Division

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feet of a sensitive land use (e.g., residential, schools, hospitals, or nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use, shall submit a Health Risk Assessment (HRA) to the City for review and approval. The HRA shall be prepared in
accordance with policies and procedures of the California Office of Environmental Health Hazard Assessment (OEHHA) and the South Coast Air Quality Management District (South Coast AQMD). If the HRA shows that the incremental cancer risk and/or noncancer hazard index exceed the respective thresholds, as established by the South Coast AQMD at the time a project is considered, the project applicant will be required to identify and demonstrate that best available control technologies for toxics (T-BACT), including appropriate enforcement mechanisms, are capable of reducing potential cancer and noncancer risks to an acceptable level. T-BACTs identified in the HRA shall be identified as Mitigation Measures in the environmental document and/or
incorporated into the site plan.
incorporation of
appropriate measures
recommended by South
Coast AQMD during
project design and
operation, as applicable.

Submittal of HRA to City
of Colton Planning
Division for review and
approval.

Measures identified
in the HRA shall be
incorporated into
the environmental
document and site
plan prior to
issuance of grading
permit, or issuance
of a building
permit, whichever
is sooner.

3.3 Biological Resources
MM BIO-1 Biological Resources Assessment
Prior to the issuance of entitlements for any site in Areas 4, 4A, 5, and 6, which have potential to support sensitive biological resources such as special-status species, nesting native or migratory birds, jurisdictional features, or other sensitive resource, the project applicant or sponsor shall retain a qualified Biologist to prepare a Biological Resources Assessment (BRA). The BRA shall include a project-specific analysis of potential impacts on sensitive and regulated biological resources, including impacts on special-status species and their habitat, migratory birds and other protected nesting birds, roosting bats, rare plants, sensitive
communities and riparian habitats, protected waters and Qualified Biologist
and/or Wetland
Regulatory Specialist
preconstruction survey
results and submittal of
survey documents to the
City of Colton Planning
Division for review and
approval; on-site
inspection/monitoring
by the qualified biologist
if survey results
Prior to the
issuance of any site-
specific
entitlement;
ongoing during
construction
City of Colton
Planning Division;

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wetlands, wildlife corridors and nursery sites, and shall identify thresholds of significance with a significance conclusion and measures to reduce potential project
impact(s) to less than significant level(s). These measures shall be included as conditions of approval for building and grading permits issued for demolition and/or construction.

The project applicant or sponsor shall implement these
measures, as identified in the BRA, to avoid, minimize, and/or mitigate potential project impacts.

Future development consistent with the Program 10/11
Rezone/GPA may be required to undergo additional
environmental review and incorporate additional mitigation depending on results of future biological studies. This may include acquisition of take permits if any project proponent proposes take of federal or State-listed or candidate species.

If take is proposed, the project proponent shall consult with the California Department of Fish and Wildlife (CDFW) and/or the United States Fish and Wildlife Service (USFWS), as applicable, regarding an Incidental Take Permit (ITP) pursuant to Section 2081 of the California Endangered Species Act (CESA) or Sections 7 or 10 of the federal Endangered Species Act. Other measures may include focused surveys, regulatory permits, avoidance measures, and on-site mitigation. If on- site mitigation is not feasible in the City’s discretion, offsite mitigation shall be implemented within the City of Colton Planning Area whenever possible, with a priority given to existing habitat mitigation banks. Habitat mitigation shall be accompanied by a long-term management plan and
monitoring program prepared by a qualified Biologist and include provisions for protection of mitigation lands in perpetuity through the establishment of easements and
adequate funding for maintenance and monitoring; the time frame for the funding shall be detailed in the long-term management plan and monitoring program completed prior
determine special-status
species are present.

Notification to
appropriate regulatory
agency(ies) and habitat
mitigation pursuant to
long-term management
plan and monitoring
program to be prepared
by a qualified Biologist.

Site-specific measures
identified in the BRA
shall be incorporated as
conditions of approval
and incorporated in the
building and grading
permits prior to
issuance.

Verification of additional
environmental review
and additional
mitigation and
permitting, as
applicable.

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to disturbance of occupied habitat or water feature. If a water feature is found to be jurisdictional or potentially
jurisdictional, the applicant shall comply with the appropriate permitting process with each agency claiming jurisdiction prior to disturbance of the feature.

MM BIO-2: Nesting Bird Protection
Prior to the issuance of entitlements for projects
implemented in Areas 1, 2, or 3, the project applicant or sponsor shall retain a qualified Biologist to conduct a preconstruction survey for nesting birds if project
construction activities will be initiated during the avian nesting season (generally, raptor nesting season is January 1 through September 15; and passerine bird nesting season is February 1 through September 1). Pursuant to Fish and Game Code Sections 3503 and 3503.5, to prevent impacts to birds and their nests by the proposed project, the preconstruction survey will be conducted no more than 3 days prior to
commencement of project activities in all suitable areas including trees, shrubs, bare ground, buildings, burrows, cavities, and structures, at the appropriate time of day/night, during appropriate weather conditions to verify the absence of active nests. Preconstruction surveys should focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior (e.g., copulation, carrying of food or nest materials, nestbuilding, removal of fecal sacks, flushing suddenly from atypically close range, agitation, aggressive interactions, feigning injury or distraction displays, or other behaviors).

If an active nest is located during a pre-construction survey, the City shall be notified about the status of the nest and the qualified Biologist shall immediately establish a conservative buffer surrounding the nest, as indicated below. Construction activities shall be restricted as necessary to avoid disturbance Qualified Biologist
survey results and
submittal of qualified
survey results and
survey documents to the
City of Colton Planning
Division for review and
approval; on-site
inspection/monitoring
by the qualified biologist
if survey results
determine nesting birds
are present during the
avian nesting season;
site inspection
Prior to the
issuance in
entitlements and
no more than 3
days prior to
commencement of
project activities
that occur during
avian nesting
season
City of Colton
Planning Division

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of the nest until it has been determined by a qualified Biologist that the juveniles have fledged or are independent of the nest.

Restrictions shall include the establishment of exclusion zones (no ingress of personnel or equipment at a minimum radius of 100-foot radius around an active bird nest), or at a distance determined by the qualified Biologist that will prevent project-related disturbances. The buffer zone will be
maintained around the active nest site(s) until the young have fledged and are foraging independently, as confirmed by the qualified Biologist.

3.4 Cultural Resources
MM CUL-1 Individual development projects which propose to alter a building or structure greater than 45 years of age at the time an application is submitted would be required to undergo project-specific environmental review, in compliance with CEQA Guidelines Section 15064.5, in order for the City to determine whether the building or structure may be a historic resource and take appropriate action such as requiring
additional site-specific or project-specific measures to reduce any potential impacts. These measures are, but not limited to the following:
• Prior to project development that may affect historical resources (i.e., structures 45 years or older), a historical resources assessment shall be performed by an
architectural historian or historian who meets the
Secretary of the Interior’s Professionally Qualified
Standards in architectural history or history. This shall include a records search to determine whether any
resources that may be potentially affected by the project have been previously recorded, evaluated, and/ or
designated in the National Register of Historic Places
(NRHP), California Register of Historical Resources (CRHR), Retention of
professional qualified
architectural historian or
historian who meets the
Secretary of the
Interior’s Professionally
Qualified Standards in
architectural history or
history by
applicant/owner/sponso
r (subject to City
Planning Division
approval) shall perform a
historical resources
assessment; ongoing
monitoring
Prior to issuance of
grading permit for
individual projects;
ongoing during
construction
activities
City of Colton
Planning Division

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or a local register. Following the records search, the
qualified architectural historian shall conduct a survey in accordance with the California Office of Historic
Preservation (OHP) guidelines to identify any previously unrecorded potential historical resources that may be
potentially affected by the proposed project. The criteria for determining a historically significant building or
structure shall meet one or more of the following criteria:
• Is associated with events that have made a significant contribution to the broad patterns of local, regional, or national history; or

1. Is associated with the lives of persons significant in local, regional, or national history; or

2. Embodies the distinctive characteristics of a significant architectural style, property type, period, or method of construction; represent the work of an architect,
designer, engineer, or builder who is locally, regionally, nationally significant, or it is a significant visual feature of the City; possess high artistic values, represent a
significant and distinguishable entity whose
components may lack individual distinction; or

3. That have yielded, or may be likely to yield,
information important in prehistory or history.
• Properties identified as historically significant resources, shall contain proper documentation meeting the Historic American Building Survey (HABS) Guidelines that shall be prepared and implemented, as approved by the qualified
historian meeting the Secretary of the Interior’s
Professional Qualifications Standards. Such documentation shall include drawings, photographs, and written data for each building/structure/element, and provide a detailed mitigation plan, including a monitoring program, recovery, rehabilitation, redesign, relocation, and/or in situ
preservation plan.

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• To ensure that projects requiring the relocation,
rehabilitation, or alternation of a historical resource do not impact the resource’s significance, the Secretary of
Interior’s Standards for the Treatments of Historic
Properties shall be used to the maximum extent possible.

The application of the standards shall be overseen by a qualified architectural historian or historic architect meeting the Professional Qualified Standards. Prior to any construction activities that may affect the historical
resource, a report identifying and specifying the treatment of character defining features and construction activities shall be provided to the City of Colton for review and
approval.
• If a proposed project would result in the demolition or significant alteration of historical resource, such demolition cannot be mitigated to a less than significant level.

However, recordation of the resource prior to construction activities will assist in reducing adverse impacts to the resource to the greatest extent possible. Recordation shall take the form of Historic American Buildings Survey,
Historic American Engineering Record, or Historic American Landscape Survey documentation, and shall be performed
by an architectural historian or historian who meets the Professional Qualified Standards. Documentation shall
include an architectural and historical narrative; medium- or large-format black and white photographs, negatives, and prints; and supplementary information such as
building plans and elevations, and/or historical
photographs. Documentation shall be reproduced on
archival paper and placed in appropriate local, State, or federal institutions. The specific scope and details of documentation are to be developed in coordination with
the City of Colton.

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MM CUL-2 To determine the archaeological sensitivity for individual development projects within the City, an
archaeological resources assessment shall be performed
under the supervision of an Archaeologist that meets the Secretary of the Interior’s (SOI) Professional Qualified Standards for their role. The assessment shall include a California Historical Resources Information System (CHRIS) records search at the South Central Coastal Information Center (SCCIC) and a search of the Sacred Lands File (SLF) maintained by the Native American Heritage Commission
(NAHC). The records searches shall determine if the proposed project has been previously surveyed for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. A Phase I
pedestrian survey shall be undertaken in areas that are developed and undeveloped to locate any surface cultural materials.

If potentially significant archaeological resources are identified through an archaeological resources assessment, and impacts to these resources cannot be avoided, a Phase II Testing and Evaluation investigation shall be performed by an Archaeologist who meets SOI Standards prior to any
construction-related ground disturbing activities to determine significance. If resources determined significant or unique through Phase II testing, and site avoidance is not possible, a Phase III data recovery program shall be implemented by a qualified Archaeologist and performed in accordance with the California Office of Historic Preservation’s (OHP)
Archaeological Resource Management Reports (ARMR). The
Archaeologist must then prepare an archaeological data
recovery plan to be reviewed and approved by the lead
agency prior to the excavation of resources.

Retention of a
professional qualified
Archaeologist that meets
the Secretary of the
Interior’s (SOI)
Professional Qualified
Standards to perform
archaeological resources
assessment; ongoing
monitoring
Prior to issuance of
grading permit for
individual projects
ongoing during
construction
activities
City of Colton
Planning Division

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Verification
Verification of Completion
Date Initial
If the archaeological assessment did not identify potentially significant archaeological resources within the proposed project area but indicated the area to be highly sensitive for archaeological resources, this shall be followed by monitoring of all ground-disturbing construction and pre-construction activities in areas with previously undisturbed soil by a qualified Archaeologist. The Archaeologist shall inform all construction personnel prior to construction activities of the proper procedures in the event of an archaeological
discovery. The training shall be held in conjunction with the project’s initial on-site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground- disturbing activities, construction activities within 100 feet of the discovery shall be halted while the resources are
evaluated for significance by an Archaeologist who meets SOI Standards. If the discovery proves to be significant, the qualified Archaeologist shall make recommendations to the Lead Agency (City of Colton) on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines.

If the archaeological assessment did not identify potentially significant archaeological resources but indicates the area to be of medium to low sensitivity for archaeological resources, an Archaeologist who meets the Professional Qualified
Standards shall be retained on an on-call basis. The
Archaeologist shall inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project’s initial on-site safety meeting and shall explain the importance and legal basis for

City of Colton
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Date Initial
the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground disturbing activities, construction activities within 100 feet of the discovery shall be halted while the on-call Archaeologist is contacted. If the discovery proves to be significant, the qualified Archaeologist shall make recommendations to the Lead Agency (City of Colton) on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines.

Potentially significant cultural resources consist of but are not limited to stone, bone, fossils, wood, or shell artifacts or features, including hearths, structural remains, or historic dumpsites. Any previously undiscovered resources found
during construction within the project site should be
recorded on appropriate California Department of Parks and Recreation (DPR) 523 forms and evaluated for significance in terms of CEQA Guidelines. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency (City of Colton) approves the measures to protect these resources. The excavation, study, curation, and/or
repatriation of archaeological artifacts recovered as a result of mitigation shall be undertaken in close consultation with the Lead Agency (City of Colton) and representatives from consulting Native American Tribes, as appropriate. All Reports and DPR forms shall be submitted to the Lead Agency (City of Colton), the SCCIC, and the OHP , as required.

MM CUL-3: In the event of the accidental discovery or
recognition of any human remains, CEQA Guidelines Section If human remains are
discovered, confirm
During ground-
disturbing activities
City of Colton
Planning Divisions

City of Colton
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Date Initial
15064.5; Health and Safety Code Section 7050.5; Public
Resources Code Section 5097.94 and Section 5097.98 must be followed. If during the course of any future development project there is accidental discovery or recognition of any human remains, the following steps shall be taken.

1. There shall be no further excavation or disturbance within 100 feet of the remains until the County Coroner is
contacted to determine whether the remains are Native
American and if an investigation of the cause of death is required. If the Coroner determines the remains to be
Native American, the Coroner shall contact the Native
American Heritage Commission (NAHC) within 24 hours,
and the NAHC shall identify the person or persons it
believes to be the Most Likely Descendant (MLD) of the
deceased Native American. The MLD may make
recommendations to the landowner or the person
responsible for the excavation work within 48 hours, for appropriate treatment and disposition of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98.

2. Where the following conditions occur, the landowner or his or her authorized representative shall rebury the Native American human remains and associated grave goods with
appropriate dignity either in accordance with the
recommendations of the MLD or on the project site in a
location not subject to further subsurface disturbance:
• The NAHC is unable to identify a MLD or the MLD failed to make a recommendation within 48 hours after being
notified by the commission.
• The descendant identified fails to make a
recommendation.
• The landowner or his authorized representative rejects the recommendation of the descendant, and mediation
evidence that the
County Coroner has
been contracted and
recommendations are
implemented

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Verification
Verification of Completion
Date Initial
by the NAHC fails to provide measures acceptable to the landowner.

Additionally, California Public Resources Code Section
15064.5 requires the following relative to Native American Remains:

When an initial study identifies the existence of, or the probable likelihood of, Native American Remains within a project site, a lead agency shall work with the appropriate Native Americans as identified by the NAHC as provided in Public Resources Code Section 5097.98. The applicant may develop a plan for treating or disposing of, with appropriate dignity, the human remains, and any items associated with Native American Burials with the appropriate Native
Americans as identified by the NAHC.

3.6 Geology, Soils, and Seismicity
MM GEO-1: A professional Paleontologist, approved by the City of Colton, shall conduct a site-specific paleontological resources survey on the potential sites for rezoning.

If any of the potential sites for rezoning are found to be underlain by any other soil with the potential to contain vertebrate fossils due to their high paleontological sensitivity for significant resources, applicants, owners and/or sponsors of all future development or construction projects shall be required to perform or provide paleontological monitoring, if recommended by the qualified Paleontologist. Should
significant paleontological resources (e.g., bones, teeth, well- preserved plant elements) be unearthed by a future project construction crew, project activities shall be diverted at least 15 feet from the discovered paleontological resources until a professional Paleontologist has assessed such discovered resources and, if deemed significant, such resources shall be salvaged in a timely manner. The applicant/owner/sponsor of Retention of a
professional
Paleontologist (subject
to City of Colton
Planning Division
approval) to perform
site-specific
paleontological
resources survey;
ongoing monitoring
Prior to issuance of
grading permit for
individual projects;
ongoing during
construction
activities
City of Colton
Planning Division

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Verification
Verification of Completion
Date Initial
said project shall be responsible for diverting project work and providing the assessment including retaining a
professional Paleontologist for such purpose. Collected fossils shall be deposited by the applicant/owner/sponsor in an appropriate repository (e.g., University of California Museum of Paleontology (UCMP), California Academy of Sciences) where the collection shall be properly curated and made available for future research.

3.7 Greenhouse Gas Emissions
MM GHG-1a: Implement GHG emission-reduction measures
during construction.

The applicant and/or contractor associated with future
development of sites within the proposed project area shall implement the following measures during construction and, where specified below, shall submit reports demonstrating compliance to the Planning Division for its review and
approval.
• The applicant shall limit all equipment and delivery truck idling times by shutting down equipment when not in use and reducing the maximum idling time to less than 3
minutes. The applicant shall also install clear signage regarding the limitation on idling time at the delivery driveway and loading areas.
• The applicant shall verify that all construction equipment is maintained and properly tuned in accordance with
manufacturers’ specifications. Prior to the commencement of construction activities using diesel-powered and/or
gasoline powered vehicles or equipment, the applicant
shall verify that all vehicles and equipment have been
checked by a certified mechanic and determined to be
running in proper condition prior to admittance into the delivery driveway and loading areas. The applicant shall submit a report by the certified mechanic of the condition Submittal of reports to
the City of Colton
Planning Division; The
City shall inspect the
worksite regularly to
ensure compliance
Prior to issuance of
grading or building
permits, whichever
is sooner, for
individual projects
and ongoing
monitoring
throughout
construction
City of Colton
Planning Division

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of construction-related vehicles and equipment to the
Planning Division prior to commencement of their use.
• The applicant shall use electric equipment where available and feasible.
• The applicant shall implement the use of Tier 4 equipment where available and feasible.

MM GHG-1b: Restrict use of natural gas in new
development.

Future development of sites within the proposed project area shall be all-electric, eliminating the use of any natural gas- fueled appliance or building feature.

Incorporation into
project construction
documents, including
applicable grading,
utility, building,
landscaping, and
improvement plans
Prior to issuance of
grading or building
permits, whichever
is sooner
City of Colton
Planning Division

MM GHG-1c: Implement all-electric landscaping equipment.

All landscaping equipment (e.g., leaf blower) used for
property management shall be electric-powered only. The property manager/facility owner shall provide documentation (e.g., purchase, rental, and/or services agreement) to the City’s Planning Division to verify, to the City’s satisfaction, that all landscaping equipment utilized will be electric powered.

Submittal of purchase,
rental, or services
agreement for the City’s
review and approval
Prior to acquisition
of landscape
equipment
City of Colton
Planning Division

MM GHG-1d: Require EV charging infrastructure that meets CALGreen Tier 2 voluntary requirements.

New residential buildings shall provide electric vehicle (EV) spaces as required by CALGreen Tier 2.

Inclusion of EV spaces in
all final construction and
building documents or
plans
Prior to issuance of
building permits for
individual projects
City of Colton
Planning Division

3.12 Noise
MM NOI-1: Construction Noise Reduction Plan
Prior to issuance of construction permits for development projects associated with the City of Colton Housing Element Update Program 10/11 Rezone and General Plan
Amendment, the following language shall be included,
verbatim, in the general notes section of all the civil plan construction documents.

Submittal and approval
of final site-specific
project-level
Construction Noise
Reduction Plan, and
incorporation of
measures into
During construction
and prior to the
issuance of grading
permits for
individual projects
Construction
Contractor; City of
Colton Planning
Division

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Verification
Verification of Completion
Date Initial
• The construction contractor shall ensure that all equipment driven by internal combustion engines shall be equipped with mufflers, which are in good condition and appropriate for the equipment.
• The construction contractor shall ensure that unnecessary idling of internal combustion engines (i.e., idling in excess of 5 minutes) is prohibited.
• The construction contractor shall utilize “quiet” models of air compressors and other stationary noise sources where technology exists.
• At all times during project grading and construction, the construction contractor shall ensure that stationary noise- generating equipment shall be located as far as practicable from sensitive receptors and placed so that emitted noise is directed away from adjacent residences.
• The construction contractor shall ensure that the
construction staging areas shall be located to create the greatest feasible distance between the staging area and noise-sensitive receptors nearest the project site.
• For construction activity that requires the use of heavy construction equipment within 50 feet of any noise-
sensitive receptors, the construction contractor shall
ensure that the operation of heavy construction equipment shall be limited to between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday and between 9:00 a.m. and
5:00 p.m. on Saturday and Sunday.
• The construction contractor shall designate a “disturbance coordinator” who would be responsible for responding to any complaints about construction noise. The disturbance coordinator shall determine the cause of the noise
complaint (e.g., a bad muffler) and shall require that
reasonable measures be implemented to correct the
problem.
construction documents;
implementation of
Construction Noise
Reduction Plan during
construction

City of Colton
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Verification
Verification of Completion
Date Initial
• For construction activity that requires the use of heavy construction equipment within 50 feet of any noise-
sensitive receptors, the project applicant shall provide one of the following:
- A temporary noise barrier shall be installed prior to the onset of construction activities that would require the use of heavy construction equipment. The barrier
shall be located between the construction zone and all
adjacent sensitive receptor land uses. The temporary
sound barrier shall provide a reduction in noise that
shall meet the City’s construction noise threshold of
55 A-weighted decibels (dBA) maximum noise level
(Lmax) as measured at the façade of the sensitive
receptor land uses. The noise barrier shall be a
minimum height of 8 feet and be free of gaps and
holes and must achieve a Sound Transmission Class
(STC) of 35 or greater. The barrier can be either (a) a

0.75-inch-thick plywood wall or (b) a hanging
blanket/curtain with a surface density or at least 2
pounds per square foot. For either configuration, the
construction side of the barrier shall have an exterior lining of sound absorption material with a Noise
Reduction Coefficient (NRC) rating of 0.7 or higher.
- A site-specific construction-related groundborne
vibration impact assessment shall be conducted by a
qualified Technical Specialist that demonstrates that
proposed construction activities, along with any
applicable project design features, would not result in an exceedance of an exterior threshold of 80 dBA 8-
hour equivalent sound level (Leq(8hr)) at residential
land uses, or of 85 dBA Leq(8hr) at commercial land
uses, and of 90 dBA Leq(8hr) at industrial land uses.

Upon approval by the City, any identified construction

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Verification of Completion
Date Initial
noise reduction measures shall be incorporated into
the construction documents.

Compliance with this measure would ensure that potential construction-related noise impacts associated with
development that would occur under the Program 10/11
Rezone/GPA would be reduced to less than significant.

MM NOI-2: Stationary Source Noise Impact Reduction
Measure
Prior to issuance for entitlements for a project, for any development project on potential sites for housing that would include any noise-producing mechanical systems
located within 10 feet of a receiving property line, the project applicant shall retain a Noise Specialist to conduct a site- specific project level noise analysis to evaluate compliance with Section 18.42.040 of the Municipal Code, which
prohibits noise levels in excess of 65 A-weighted decibels (dBA) equivalent sound level (Leq(h)) when measured at the property line of the parcel generating the noise. If the analysis identifies that proposed mechanical system
operations could result in an exceedance of the City’s noise performance standards, then specific measures to attenuate the noise impact shall be identified. The analysis shall be submitted to City staff for review and approval prior to issuance of building permits. The final noise reduction measures shall be included on all final construction and building documents and/or construction management plans and submitted for verification to the City. Specific measures may include, but are not limited to, the following measures or design features:
• The project applicant shall utilize quieter mechanical systems that would not result in an exceedance of the
City’s operational noise standards.

Submittal of site-specific
project-level noise
analysis prior to issuance
of entitlements;
inclusion of applicable
noise reduction
measures in all final
construction and
building documents or
plans
Prior to issuance of
entitlements for
individual projects
City of Colton
Planning Division

City of Colton
Housing Element Update Program 10/11 Rezone and General Plan Amendment Mitigation Monitoring and Reporting Program

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Verification
Verification of Completion
Date Initial
• The project applicant shall enclose mechanical systems in a sound-attenuating structure or shall install sound barriers adjacent to the proposed system that would reduce
operational noise levels to not exceed the City’s noise performance standards as measured at a receiving
property plane.

Compliance with this measure would ensure that potential stationary-source noise impacts associated with development that would occur under the Program 10/11 Rezone/GPA
would be reduced to less than significant.

MM NOI-3: Construction Vibration Reduction Plan
• Prior to the issuance of entitlements for any future
development projects that would necessitate the use of
any of the following equipment operation conditions, the project sponsor shall retain a Noise Specialist to prepare a Construction Vibration Reduction Plan for submittal to City staff for review and approval that identifies specific
techniques (such as the depth and location of temporary trenching) that would reduce potential vibration impacts to less than significant for the impacted structure. Upon
approval by the City, the construction vibration reduction measures shall be incorporated into the construction
documents. A note shall be provided on grading and
building plans indicating that, during grading and
construction, the property owner/developer shall be
responsible for requiring contractors to implement these measures to limit construction-related vibration impacts. • Precipitating equipment operation conditions include:
- Operation of pile driving within 55 feet of an off-site structure.
- Operation of large vibratory rollers within 26 feet of an off-site structure.

Submittal and approval
of final site-specific
project-level
construction vibration
reduction plan, when
applicable, and
incorporation of
measures into
construction documents;
implementation of
construction vibration
reduction plan
During construction
and prior to the
issuance of
entitlements for a
development
project
City of Colton
Planning Division

City of Colton
Housing Element Update Program 10/11 Rezone and General Plan Amendment Mitigation Monitoring and Reporting Program

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Verification
Verification of Completion
Date Initial
- Operation of any heavy construction equipment
within 15 feet of an off-site structure (such equipment includes, but it not limited to, bulldozers, hoe rams,
caisson drilling, loaded trucks, or similar, that have
reference vibration levels greater than 0.07 inch per
second (in/sec) peak particle velocity (PPV) at 25 feet).

Compliance with this measure would ensure that potential construction-related groundborne vibration impacts
associated with development that would occur under the
Program 10/11 Rezone/GPA would be reduced to less than
significant.

3.16 Transportation
MM TRANS-1a: VMT Reduction Strategies
As required by the City Guidelines, transportation demand management (TDM) strategies would be considered for the purpose of reducing potentially significant Vehicle Miles Traveled (VMT) impacts. California Air Pollution Control Officers Association (CAPCOA) has published an update to their VMT reduction measure guidance titled Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (CAPCOA 2024) (Handbook). Consistent with VMT reduction measures described within the Handbook, the following are applicable to future development pursuant to the proposed project:
• Provide pedestrian and bicycle network improvements
within the development connecting to existing off-site
facilities.
• Where applicable, ensure design of key intersections and roadways to encourage the use of walking, biking, and
transit.

Implementation of the
VMT reduction
measures
Prior to the
issuance of
entitlements and in
accordance with
the City VMT
Guidelines
City of Colton
Planning Division

City of Colton
Housing Element Update Program 10/11 Rezone and General Plan Amendment Mitigation Monitoring and Reporting Program

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Verification
Verification of Completion
Date Initial
• Collaborate with the local transit agencies to determine the feasibility of providing new or re-routing existing transit services to the area.

MM TRANS-1b VMT Analyses
Each individual project shall undergo a project-level Vehicle Miles Traveled (VMT) analysis to assess potential
transportation impacts. If significant VMT impacts are
identified, appropriate mitigation measures will be required to reduce these impacts in accordance with City Guidelines, which specify the 15 percent below baseline conditions.

Preparation of Vehicle
Miles Traveled (VMT)
analysis, in accordance
with the City VMT
Guidelines when
applicable, and
implementation of VMT
reduction measures
Prior to the
issuance of
entitlements
City of Colton
Planning Division

Rezoning Map Amendments
To Official Colton Zoning Map
DAP-001-744
Exhibit B-2 of City
Council Ordinance No.

O-05-26
• Area 1: 500, 530 and 660 South La Cadena Drive (3 parcels) –Assessor’s Parcel Numbers (APNs): 0163-211-02, 05 and 25; Existing General Plan land use designation "General Commercial" amended to "Mixed Use –Downtown." Zoning Map amended from C-2 (General Commercial) to M-U/D (Mixed Use–Downtown).

Rezoning Map Amendments
To Official Colton Zoning Map
DAP-001-744
Exhibit B-2 of City
Council Ordinance No.

O-05-26
• Area 2: 233 South La Cadena Drive (1 parcel)–APN: 0163-074-31; Existing General Plan land use designation "General Commercial" amended to "Mixed Use –Downtown." Zoning Map amended from C-2 (General Commercial) to M-U/D (Mixed Use–Downtown). • Area 3: 158 and 170 South La Cadena Drive, 115 and 131 East L Street (4 parcels) –APNs:
0163- 081-06, 07, 08, and 09; Existing General Plan land use designation "General Commercial" amended to "Mixed Use–Downtown." Zoning Map amended from C-2 (General Commercial) to M-U/D (Mixed Use–Downtown).

Rezoning Map Amendments
To Official Colton Zoning Map
DAP-001-744
• Area 4: 1202, 1300, and 1500 East Fairway Drive and 1200, 1250, 1300, 1350, 1400, and 1500 Crossroads Drive (11 Parcels) –APNs: 0164-182-38, 41, 43, 46, 47, 48, 51, 53, 55, 57, and 58; Existing General Plan land use designation "Industrial Park" amended to "Mixed Use– Downtown." Zoning Map amended from 1 -P (Industrial Park) to M-U/D (Mixed Use– Downtown)."
Exhibit B-2 of City
Council Ordinance No.

O-05-26

Rezoning Map Amendments
To Official Colton Zoning Map
DAP-001-744
• Area 4 -A: 1200 East Fairway Drive and 1200 Crossroad Drive (2 Parcels) –APNs:
0164-182- 52 and 54; Existing General Plan land use designation "Industrial Park" amended to "Mixed Use – Downtown." Zoning Map amended from 1 -P (Industrial Park) to M-U/D (Mixed Use– Downtown).

Exhibit B-2 of City
Council Ordinance No.

O-05-26

Rezoning Map Amendments
To Official Colton Zoning Map
DAP-001-744
• Area 5: 1201 and 1301 East Fairway Drive (6 Parcels) –APNs: 0164-281-01, 02, 09, and 11 and APN(s): 0164-181-08, and 12; Existing General Plan land use designation "Industrial Park" amended to "Mixed Use–Downtown." Zoning Map amended from I- P (Industrial Park) to M-U/D (Mixed Use–Downtown).

Exhibit B-2 of City
Council Ordinance No.

O-05-26

Rezoning Map Amendments
To Official Colton Zoning Map
DAP-001-744
• Area 6: E. Santo Antonio Drive and Mt. Vernon Avenue (2 Parcels)–PNs: 276-144-30 and 276- 144-31; Existing General Plan land use designation “General Commercial.” Zoning Map amended from C -2 (General Commercial) to C -2/R-O (General Commercial/Residential Overlay).

Exhibit B-2 of City
Council Ordinance No.

O-05-26

Rezoning Map Amendments
To Official Colton Zoning Map
DAP-001-744
• Area 1-A: 609, 613, 645, 655 and 659 South 7th Street (5 parcels) –APNs: 0163-172- 46 and 47; Existing General Plan land use designation "Low Density Residential" amended to "Mixed Use– Downtown." Zoning Map amended from R-1 (Low Density Residential) to M -U/D (Mixed Use– Downtown). APNs: 0163 -172-48, 49, and 50; Existing General Plan land use designation "General Commercial" amended to "Mixed Use–Downtown." Zoning Map amended from C -2 (General Commercial) to M -U/D (Mixed Use–Downtown).

Exhibit B-2 of City
Council Ordinance No.

O-05-26

Rezoning Map Amendments
To Official Colton Zoning Map
DAP-001-744
• Area 1-B: Herts Street and Congress Street (1 parcel) –APN: Includes 0163-272-01 changing from M-1 (Light Industrial) to M-U/D (Mixed Use – Downtown) and new lot Not Assigned with no current Assessor Parcel Number and no existing General Plan land use or Zoning designation; proposed to be amended with Mixed Use Downtown Land Use Designation and to M-U/D (Mixed Use– Downtown) Zone.

Exhibit B-2 of City
Council Ordinance No.

O-05-26

City of Colton – Housing Element Update Program 10/11 Rezone and General Plan Amendment Draft Program EIR
FirstCarbon Solutions
Appendix I:

Zoning Ordinance Text Changes
Exhibit B-3
of City Council Ordinance
No. O-05-26

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C reated: 2025 -05-06 09:54:42 [EST]
(
Supp. No. 38)

18.06.060 Uses Permitted in each Zone.

A. Allowed Uses. Generally, a land use is either allowed by right, allowed through issuance of a conditional use permit, or not permitted. In addition to the requirements for planning permits or entitlements listed herein, other permits and entitlements may be required prior to establishment of the use (e.g., Building Permit or permits required by other agencies). The requirements for planning permits or entitlements identified i n T
ables: 18.06.060-E, 18.06.060-F and 18.06.060-G below include:

1. Permitted (P). A land use shown with a "P" indicates that the land use is permitted by right in the designated zoning district, subject to compliance with all applicable provisions of this Title (e.g., development standards) as well state and federal law.

2. Conditionally Permitted (C). A land use shown with a "C" or "MC" indicates that the land use is permitted in the designated zoning district upon issuance of a Conditional Use Permit or Minor Conditional Use Permit, respectively, from the designated approving authority, subject to compliance with all applicable provisions of this Zoning Code (e.g., development standards) as well as state a nd
fed
eral law.

3. Not Permitted (N). A land use shown with an "N" is not allowed in the applicable zoning district.

4. Adult Use Development Permit (A). A land use shown with an "A" indicates that the land use is permitted in the designated zoning district upon issuance of an Adult Use Development Permit from the Planning Commission subject to compliance with all provisions of Chapter 18.49 of this Zonin g
C
ode.

5. The conformity to the property Development Standards of this title may include the provisions of required walls, landscaping, parking, trash enclosures, street improvements, aesthetic improvements and all other Improvements determined by the Development Services Director to be necessary or required by any regulating ordinance for a particular use.

6. Permitted within Marijuana Candidate Sites Overlay Zone (MCS) upon issuance of a Conditional Use Permit and other applicable provisions contained in Chapter 5.54 of Title 5 of the Colton Municipal Code.

B. Uses Not Listed. Land uses that are not listed in Table 18.06.060 -1 below or in the zoning district tables are not allowed, except as otherwise provided for in this Title.

C. Illegal Uses. No use that is illegal under local, state, or federal law shall be allowed in any zoning district within the City.

D. Special Use Regulations. Additional use regulations for specific land uses, such as Residential or Group Care Facility, are listed in Chapter 18.48 (Special Provisions).

E. Residential Districts Table V-L R1 R2 R3/R4
Administrative/Professional Services N C1 C1 N
Animal Boarding in compliance with 18.48.130 MC N N N
Animal Daycare in compliance with 18.48.130 MC N N N
Assisted Living Facilities N N N P
Boarding, lodging, or rooming houses, pursuant to Chapter 18.48 of this Title.

C C C C
Cemeteries C N N N
Community Gardens N P P P
Day Care Center Child or Adult MC MC MC N
Dance, Martial Arts, Yoga Studio N C1 C1 N

C reated: 2025 -05-06 09:54:42 [EST]
(
Supp. No. 38)

E. Residential Districts Table V-L R1 R2 R3/R4
Dwelling—Compact Lots Subdivision, pursuant to Section 18.48.190 of Title 18.

N N C P
Dwelling—Single-Family P P P P
Dwelling—Two-Family N N P P
Dwelling—Multiple-Family N N P P
Dwellings—Cluster Development C C P P
Dwelling—Group N N N P
Educational Institution N C C C
Electric Vehicle Charging Station—Small, See Chapter 18.48 of this Title

P P P P
Family Day Care Home—Small P P P P
Family Day Care Home—Large MC MC MC C
Home Occupation pursuant to Chapter 18.48 of this Title. P P P P Manufactured Home, pursuant to Chapter 18.48 of this Title. P P N N Mobilehome Park, pursuant to Chapter 18.48 of this Title. N N C C Office Ancillary to Multi-Family/Model Home P P P P
Plant Nursery (grown in containers only), excluding marijuana P P P P Plant Nursery, marijuana N N N N
Religious Assembly C C C C
Residential or Group Care Facility—Small (serving six or fewer persons) P P P P Residential or Group Care Facility—Large (serving seven or more persons) C C C C Utility Distribution Facilities P P P P
1 Only applicable in Downtown Area as shown on Zoning Map.

F. Commercial Districts Table C-1 C-2 MU-D MU-N
Administrative/Professional Services P P P P
Adult Businesses N N N N
Alcoholic Beverage Sales—On- or Off-Site, pursuant to Chapter 18.48 of this Title.

MC MC MC MC
Amusement Arcade, pursuant to Chapter 18.48 of this Title. N P C C Animal Boarding N C N N
Animal Daycare in compliance with 18.48.130 MC MC MC MC Animal Grooming N P P P
Animal Health Care N MC P P
Antique Shops P P P N
Assembly Uses C C C N
Automobile Light Repair N C P P
Automobile Rental N C1 N N
Automobile Repair N C1 N N
Automobile Sales N C1 N N
Automobile Storage or Parking N C1 C C
Automobile Wash (Self Service/Automatic/Hand Carwash) N C1, 2 P P Bar N C C N
Business Support Services P P P P
Cemeteries N N N N

Created: 2025-05-06 09:54:42 [EST]
(Supp. No. 38)

F. Commercial Districts Table C-1 C-2 MU-D MU-N
Communication Services N P P P
Community Recreation P P P P
Congregate Care Health Facility in compliance with 18.48.100 D. and F. and 18.58.060

N N MC N
Construction Sales/Service (no storage or display outside structures) N P N N Construction Sales/Service with storage or display outside structures N P1 N N Composting N N N N
Convenience Sales and Service P P P P
Cultural Institutions P P P P
Dance, Martial Arts or Yoga Studio P P P P
Day Care Center Child or Adult MC MC MC MC
Dwelling—Compact Lots Subdivision, pursuant to Section 18.48.190 of Title 18.

N P N P P P
Dwelling-Single-Family N P N P P P
Dwelling—Manufactured Home, pursuant to Section 18.48.060 of this Title

N P N P N P P
Dwelling—Multiple-Family N P N P P P
Dwelling—Live/Work P P P P
Eating/Drinking Establishments, Indoor Only P P P P Eating/Drinking Establishments with Outdoor Seating C C C C Eating/Drinking Establishments—Drive-Thru C C C1 C
Educational Institutions and Vocational Schools C P C C Electric Vehicle Charging Station—Small, see Chapter 18.48 of this Title P P P P Electric Vehicle Charging Station—Large, see Chapter 18.48 of this Title P P P P Entertainment Facilities C P P P
Family Day Care Home, Large MC MC MC MC
Family Day Care Home, Small P N P P
Farmers Market, pursuant to Chapter 18.48 of this Title. P P P P Financial Institutions N P P P
Florist P P P P
Fortunetelling, pursuant to Chapter 18.48 of this Title. N MC N N Funeral Services N P N N
Health and Fitness Club N P P P
Home Occupations, pursuant to Chapter 18.44 of this Title. P P P P Hospitals N P N N
Hotels and Motels N C C N
Hydrogen Vehicle Fueling Station, see Chapter 18.48 of this Title P P P P Instructional Services C P P N
Laundry services—Heavy N P N N
Laundry services—Light P P P P
Library Services MC P P P
Manufacturing—Custom, pursuant to Chapter 18.48 of this Title. N P N N Medical/Dental/Optical Services P P P P
Mixed-Use Commercial – Residential, pursuant to Section 18.23 P P P P Movie Theaters N P P N
Nightclub N C C N

Created: 2025-05-06 09:54:42 [EST]
(Supp. No. 38)

F. Commercial Districts Table C-1 C-2 MU-D MU-N
Personal Services P P P P
Plant Nursery (grown in containers only), excluding marijuana P P P P Plant Nursery, marijuana N N N N
Postal Services P P P P
Recreational Facilities N P P P
Recycling Facilities—Small Collection P P P P
Recycling Facilities—Large Collection N N N N
Recycling Facilities—Reverse Vending Machines P P P P Recycling Processing Facility—Light N N N N
Recycling Processing Facility—Heavy N N N N
Repair Services N P P P
Resale/Secondhand Stores MC MC MC MC
Research Services N P N N
Retail Sales—Indoors P P P P
Retails Sales—Outdoors N C C C
Single-Room Occupancy Facility N C C N
Swap Meets (Indoor and Outdoor), pursuant to Chapter 18.48 of this Title.

N C N N
Therapeutic Services, pursuant to Chapter 18.48.010 of this Title. P P P P Transportation Facilities—Public. C P P P
Transportation Facilities—Private. N C N N
Truck Rental N C1 N N
Utility Distribution Facilities P P N N
Utility Operations Facilities N MC MC N
Warehousing (accessory use only, maximum fifteen percent of floor area) N P N N Wholesaling N P N N
Twenty-four-hour Retail or Restaurant Operations, pursuant to Chapter

18.48 of this Title.

C C C C
1 Not permitted in General Commercial—Downtown Overlay Zone and Mixed-Use Downtown Zone.

2 Self Service Automobile Facilities Not permitted within 0.75 miles of another Self-Service Automobile Facility if located with the C-2/D Zone

G. Industrial Districts Table I-P M-1 M-2
Administrative/Professional Services P P P
Adult Businesses N N A
Alcoholic Beverage Sales—On- or Off-Site Sale MC MC MC Amusement Arcade, pursuant to Chapter 18.48 of this Title. P P P Animal Boarding in compliance with 18.48.130 MC MC MC Animal Daycare in compliance with 18.48.130 MC MC MC
Animal Grooming P P P
Animal Health Care P P P
Assembly Uses C C P
Automobile Impound Yard N C C
Automobile Rental C C P

Created: 2025-05-06 09:54:42 [EST]
(Supp. No. 38)

Automobile Repair C C P
Automobile Sales C C P
Automobile Servicing C C P
Automobile Storage or Parking C C C
Business Park, subject to Special Provisions 18.48 C C C Business Support Services P P P
Cemeteries N C P
Communication Services P P P
Community Recreation P P P
Concrete Batch Plant N N C
Construction Sales/Service (no storage or display outside structures) P P P Construction Sales/Service with storage or display outside structures P P P Composting, Mulching and Related Green Waste N C C
Convenience Sales and Service P P P
Contractors' Storage Yard/Corporation Yards N C C
Cultural Institutions P P P
Dance, Martial Arts or Yoga Studio P P N
Day Care Center Child or Adult MC N N
Dwelling—Caretaker P P P
Dwelling—Live/Work P P N
Eating/Drinking Establishments, Indoor Only P P P
Eating/Drinking Establishments with Outdoor Seating C C C Eating/Drinking Establishments—Drive Thru P P C
Educational Institutions and Vocational Schools P P P Emergency Shelter N P N
Electric Vehicle Charging Station—Small, see Chapter 18.48 of this Title P P P Electric Vehicle Charging Station—Large, see Chapter 18.48 of this Title P P P Entertainment Facilities P P N
Farmers Market, pursuant to Chapter 18.48 of this Title. P P P Financial Institutions P P P
Food Commissary C C C
Funeral Services P P P
Health and Fitness Club P P N
Hospitals P P P
Hotels and Motels C N N
Hydrogen Vehicle Fueling Station, see Chapter 18.48 of this Title P P P Instructional Services P P P
Laundry services—Heavy P P P
Laundry services—Light P P P
Library Services P P P
Lodge or Private Club C C C
Manufacturing—Custom P P P
Manufacturing—Light P P P
Manufacturing—Heavy N N P
Marijuana Cultivation, Indoor (see Chapter 5.54 of Title 5) O O O Marijuana Cultivation, Outdoor N N N
Marijuana Testing Facility (see Chapter 5.54 of Title 5) C C C

Created: 2025-05-06 09:54:42 [EST]
(Supp. No. 38)

Marijuana Product Manufacturing (see Chapter 5.54 of Title 5) O O O Medical/Dental/Optical Services P P P
Miniwarehouse C C P
Personal Services P P P
Plant Nurseries (grown in containers), excluding marijuana P P P Plant Nurseries (grown in soil), excluding marijuana C C C Postal Services P P P
Public Maintenance Services P P P
Recreational Facilities P P P
Recreational Vehicle Parks C N N
Recycling Facilities—Small Collection P P P
Recycling Facilities—Large Collection C C C
Recycling Facilities—Reverse Vending Machines P P P
Recycling Processing Facility—Light N C C
Recycling Processing Facility—Heavy N N C
Repair Services P P P
Research Services P P P
Retail Sales—Indoor P P P
Retail Sales—Outdoor C C C
Salvage Operations N N C
Swap Meets (Indoor and Outdoor), pursuant to Chapter 18.48 of this Title. C C C Therapeutic Services, pursuant to Chapter 18.48.010 of this Title. P P P Transportation Facilities—Public P P P
Transportation Facilities—Private C C C
Truck Rental C C C
Truck Repair N C C
Truck Sales N C C
Truck Servicing N C C
Truck and Trailer Storage or Parking, subject to Special Provisions Chapter

18.48 N N C
Utility Distribution Facilities P P P
Utility Operations Facilities N N P
Warehouse, General, subject to Special Provisions Chapter 18.48 C C C Warehousing Logistics and Distribution, subject to Special Provisions Chapter

18.48 N N C
Warehousing with Truck Storage, as defined by CMC 18.04.439.1 C C C Wholesaling P P P
Twenty-four-hour Retail or Restaurant Operations, pursuant to Chapter 18.48 of this Title.

C C C
Other such uses that the Director or designee may find to be similar with those uses previously listed, pursuant to Section 18.060.060 K.

H. Open Space Districts Table O-S
Recreation
O-S
Resources
Basins for Groundwater Recharge N P
Cemeteries N C

Created: 2025-05-06 09:54:42 [EST]
(Supp. No. 38)

Equestrian Uses MC MC
Flood Control Facilities N P
Flood Plains N P
Habitat Conservation Areas N P
Nature Preserves N P
Passive Recreation Areas (public and private) P MC
Permanent Open Space N P
Private Parks C N
Private Recreational C N
Public Parks P N
Recreational Activity Fields, including but not limited to private or public golf courses
P C
Trails (public and private) P C
Other such uses that the Director or designee may find to be similar with those uses previously listed, pursuant to Section 18.060.060 K.

I. Public/Institutional District Table Public/
Institutional
Zone
Affordable Housing owned by City Housing Authority or other public entity P Cemeteries P
Civic Center and City Hall P
Community Recreation P
Fire Stations P
Flood Control Facilities P
Flood Plains P
Hospitals P
Library Services P
Parks P
Postal Services P
Public Maintenance Services P
Public Safety Facilities (Police and Fire Stations) P
Public Schools P
Public Transportation Facilities P
Recreation Activity Fields (public only), including golf courses P Recreation Uses (public only) P
Trails P
Utility Operations and/or Distribution Facilities P
All facilities, including buildings and grounds, owned by the City, County, State of California, the United States government, a school district, library district, water district, sanitary district, or other type of public service district
P
Incidental and accessory structures and uses located on the same site with and necessary for the operation of a permitted use
P
Other such uses that the Director or designee may find to be similar with those uses previously listed, pursuant to Section 18.060.060 K.

Created: 2025-05-06 09:54:42 [EST]
(Supp. No. 38)

J. Railroad/Utility Corridor Table Railroad/Utility
Corridor
Zone
Community Gardens within Utility Corridor P
Flood Plains P
Public Transportation Facilities P
Railroads P
Trails P
Utility Operations and/or Distribution Facility P
Incidental and accessory equipment and uses located on the same site with and necessary for the operation of a permitted use
P
Other such uses that the Director or designee may find to be similar with those uses previously listed, pursuant to Section 18.060.060 K.

K. Similar Uses Permitted. When a use is not specifically listed in this Zoning Code, it shall be understood that the use may be permitted if it is determined by the Director that the use is similar to other uses listed.

It is further recognized that every conceivable use cannot be identified in this Zoning Code, and anticipating that new uses will evolve over time, this Section establishes the Director's authority to compare a proposed use and measure it against those listed in this Zoning Code and the Standard Industrial Classification Manual for determining similarity. The Director may administer a fee via the Code Interpretation Letter in accordance with the most current adopted fee schedule.

1. In determining "similarity," the Director shall consider all of the following:
a. The proposed use meets the intent of, and is consistent with the goals, objectives and policies of the General Plan; and
b. The proposed use meets the stated purpose and general intent of the district in which the use is proposed to be located; and
c. The proposed use will not adversely impact the public health, safety and general welfare of the City's residents; and
d. The proposed use shares characteristics common with, and not be of greater intensity, density or generate more environmental impact, than those uses listed in the land use district in which it is to be located.

2. Appeal. Any determination of similarity shall be final ten days after the date the Director's decision letter is issued, unless an appeal to the Planning Commission is filed and fees paid pursuant to adopted fee schedule.
(Ord. No. O-11-16, § 3, 8-2-2016; Ord. No. O-12-16, § 3(Exh. C), 8-2-2016; Ord. No. O-11-17, § 2(Exh. A), 12-5-2017; Ord. No. O-12-18, § 4, 12-18-2018; Ord. No. O-04-19, § 6(Exh. A), 5-7-2019; Ord. No. O-11-20, § 5, 10-20-2020; Ord. No. O-01-21, § 5, 2-16-2021; Ord. No. O-13-22, § 5, 10-18-22; Ord. No. O-01-23, § 5, 2-21-2023; Ord. No. O- 05-24, § 4, 6-4-2024; Ord. No. O-10-24, § 4, 10-1-2024)

Title 18 - ZONING
Chapter 18.16 R-3 AND R-4 MULTIPLE-FAMILY RESIDENTIAL ZONE

Colton, California, Code of Ordinances Created: 2024-08-01 08:28:29 [EST] (Supp. No. 35)

Chapter 18.16 R-3 AND R-4 MULTIPLE-FAMILY RESIDENTIAL ZONE

18.16.010 Intent and Purpose.

The R-3 and R-4 Multiple-Family Zone is intended to accommodate multi-family housing and specifically housing development of a more intensive form, including condominiums, apartments, stacked flats, and senior housing. Higher densities are intended for specialized housing, such as senior housing at locations where adequate support infrastructure exists. Other uses such as mobile home parks and family day care homes may be permitted consistent with the City's R-3 and R-4 zone regulations. (Ord. 0-14-92 § 1 (Exh. A) (part), 1992)
(Ord. No. O-05-13, § 2(Exh. A(8)), 10-10-2013)

18.16.020 Uses Generally.

In the R-3 and R-4 Zone, no building, structure or land shall be used and no building or structure shall be hereafter erected, structurally altered or enlarged, except for the purpose set out in Section 18.16.030 of this chapter.
(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)
(Ord. No. O-05-13, § 2(Exh. A(8)), 10-10-2013)

18.16.030 Permitted Uses.

Refer to Table E in Section 18.06.060 E.
(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)
(Ord. No. O-05-13, § 2(Exh. A(8)), 10-10-2013)

18.16.040 Reserved.

Editor's note(s)—Ord. No. O-05-13, § 2(Exh. A(8)), adopted October 10, 2013, repealed § 18.16.040, which pertained to Conditional Uses and derived from Ord. 0-14-92 § 1 (Exh. A) (part), 1992; Ord. No. O-01-10, § 12, 3-2-2010.

18.16.050 Property Development Standards.

The following property development standards, set out in Sections 18.16.150 through 18.16.230, shall apply to all land and buildings in the R-3 and R-4 Zone. A reduction in the property development standards may be permitted in the case of the development of housing for senior citizens, through the application of a Conditional Use Permit.

18.16.050-1 Property Development Standards

Created: 2024-08-01 08:28:29 [EST]
(Supp. No. 35)

Building Placement Table 1 Primary Structures Table 1 Development Standard A. Minimum Lot Size 7,200 square feet1
B. Minimum Lot Width 60 feet1
C. Minimum Lot Depth 100 feet1
D. Minimum Front Yard Setback 251 10 feet
E. Minimum Side Yard Setbacks 10% of lot width not exceeding 15 feet1, 2, 3 5 Feet, 10 feet for second story, above second story requires
third story and above to be 10 feet.

F. Minimum Corner Side Yard Setback 5 feet1
G. Minimum Rear Yard Setback 20 feet1, 2 15 feet Primary Structure H. Separation Between Buildings 6 10 feet1, 3, 5
I. Max. Lot Coverage 7075% of lot area1
J. Dwelling Units per Acre 16.1—22 30 DU/Acre
Up to 30 dwelling units/acre6, 7
K. Minimum Dwelling Unit Size
3 Bedroom, Plus 1,200 square feet8
2 Bedroom 1,000 square feet8
1 Bedroom 800 square feet8
Efficiency/Bachelor 600 square feet8
L. Maximum Building Height 2.5 Stories or 35 feet7 Three stories or forty-five feet.

Up to four stories or fifty-five feet with CUP

1. 40 feet minimum on cul-de-sac bulb.

2. Main buildings and garages opening to an alley shall have a side setback of twenty-five feet from the opposite side of the alley.

3. Main buildings shall have a side setback of ten feet from the property line for a reversed corner lot.

4. Plus four feet for each story above the first for a facing wall with openings, and three feet plus one foot for each story above the first for a facing wall without openings. The total separation between two facing walls is the sum of that required for each.

5. Buildings linked by a common roof shall not be considered separate. Openings must be located in the wall overlap area in order to count as openings for the purpose of calculating building separation.

6. Minimum twenty dwelling units per acre is required for properties within the Housing Element, Appendix D Site.

7. For projects developed exclusively for senior residents as income-subsidized housing, densities of up to sixty dwelling units per acre is allowed with approval of a conditional use permit.

8. The minimum dwelling unit sizes and building height may be reduced in size or increased in height (maximum three stories or thirty-five feet) for affordable housing projects, subject to review and approval by appropriate review body.

Table 2 - ACCESSORY STRUCTURES TABLE 2 Development Standard M. Side Setback one story 5 feet 3
N. Rear Setback one story 5 feet 3
O. Side Setback two story 10 feet1
P. Rear Setback two story 10 feet1
Q. Rear Setback with Alley 25 feet2
R. Lot Coverage 35% of lot area

1. Non-Residential and Residential.

2. Garage openings facing alley shall have a rear setback measured from opposite side of the Alley.

3. Storage buildings with no plumbing, electricity or mechanical equipment and less than or equal to 120 square feet may be placed on property line if roof is not draining onto adjacent property.

Otherwise, setback at least three feet from any property lines.

Created: 2024-08-01 08:28:29 [EST]
(Supp. No. 35)

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)
(Ord. No. O-05-13, § 2(Exh. A(8)), 10-10-2013; Ord. No. O-03-15, § 10, 3-3-2015)

18.16.060 Building Projections.

Building projections into yard areas are permitted as follows:

Table 3 - Projection Standard
Front Setback Fire escapes, unenclosed and uncovered stairways, unenclosed patios, porches, cornices, Eaves, sills and similar architectural features, which may project up to five feet into the setback.

Balconies and fireplaces having a maximum linear dimension of eight feet may project up to thirty inches into the setback.

Side Setbacks Fireplaces having a maximum linear dimension of eight feet and eaves may project two feet into the setback.

Rear Setbacks Fire escapes, unenclosed and uncovered stairways, porches, cornices, eaves, sills and similar architectural features which may project up to five feet into the setback.

Balconies and fireplaces having a maximum linear dimension of eight feet may project up to thirty inches into the required setback.

Attached unenclosed patios with no freestanding walls may extend up to ten feet into the required setback.

Swimming Pools and Spas Five feet from any lot line, and may only be placed in the rear yard area.

(Ord. No. O-05-13, § 2(Exh. A(8)), 10-10-2013; Ord. No. O-12-18, § 19, 12-18-2018)

18.16.070—18.16.160 Reserved.

Editor's note(s)—Ord. No. O-05-13, § 2(Exh. A(8)), adopted October 10, 2013, repealed §§ 18.16.070 —18.16.160, which pertained to Lot dimensions, Density of Development, Maximum coverage, Minimum Dwelling size, Building Height, Front Setback, Side Setback, Rear Setback, Accessory buildings, Separation between Buildings and derived from Ord. 0-14-92 § 1 (Exh. A) (part), 1992.

18.16.170 Recreation Space.

All Residential Developments Zone S shall provide a minimum of one square foot of outdoor Recreation Space for every three square feet of gross Floor Area within each Dwelling Unit.

A. At least half of the space required Shall be in the form of private Recreation Space, with minimum dimension of eight feet and a minimum area of one hundred fifty square feet per Dwellings. The private space May be provided in the form of patios, porches, balconies or recessed areas open on at least two sides, and May only be located in the side and Rear Yard areas.

B. Common Recreation Space Shall contain a minimum area of five hundred square feet and a minimum dimension of twenty feet. It May be provided in the form of pools, putting greens or recreation Buildings.
(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

Created: 2024-08-01 08:28:29 [EST]
(Supp. No. 35)

18.16.180 Parking Requirements.

A. Parking Requirements for Multiple-Family Dwellings.

1. For Dwelling Units consisting of two bedroom, there shall be no less than one and a half parking spaces for every dwelling unit.

2. For Dwelling Units consisting of three or more bedrooms, there Sshall be no less than two Parking Spaces, in the form of enclosed garages or carports, for every Dwelling Unit, with dimensions of not less than ten feet in width and twenty feet in depth.

3. Guest Parking: Where there are six or more Dwelling Units on one Lot, there Shall be an additional one-half 0.25 Unenclosed Space per Dwelling Unit for Guest parking. 2 4. One bedroom/studios and efficiency dwelling units parking requirement is a minimum one car garage or carport, plus guest parking as required in [Subsection] 18.16.180.A. 13. 3 5. There Shall be paved vehicular Access to the Off-Street Parking Facilities with a Driveway not less than twelve thirteen feet, wide (in one direction) and not encumbered by any Projection to a height under twelve feet above Grade.

6. Tandem Parking multi-family residential projects, tandem parking spaces may be used for residential parking, and receive parking credit when serving the same residential unit subject to approval by the Development Services Director. Tandem parking spaces shall be a minimum of eleven feet wide and twenty feet deep per space.

B. Parking Requirements for Single-Family Dwellings shall conform to the R-1 zone in Section 18.12.170.

C. Parking requirements for a boarding, lodging, or rooming house. There Shall be no less than one Parking Space per room or suite, or one space per two beds, whichever is greater.

D. General Requirements.

1. All Off-Street Parking Spaces required in a Residential Zone Shall be provided on the same Lot as the Main Buildings, and Shall be independently accessible with unobstructed space provided for the maneuvering of Vehicles. No parking stall Shall be designed so that a Vehicle May back onto a Public Street. Vehicles maneuvering area shall comply with appropriate vehicular turning radius as specified by the Director or designee for appropriate driveway width.

2. All Driveway approaches, Driveway and parking areas Shall be surfaced or paved with concrete, asphalt concrete or other bituminous surfacing of at least 2.5-inch thickness and Shall be thereafter maintained in good condition.

3. Where two Driveways are provided, each Shall be clearly marked as to the direction of ingress and egress.

4. Parking requirements for Uses Permitted with a Conditional Use Permit except as provided herein, parking requirements shall be subject to provisions of Section 18.36 of this Title, as applicable.

5. Parking of vehicles is prohibited in landscape or unpaved areas.

6. Bicycle Parking. Provide facilities for the temporary storage of bicycles as outlined in Chapter 18.36 of this Code.
(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)
(Ord. No. O-01-10, § 8, 3-2-2010; Ord. No. O-05-13, § 2(Exh. A(8)), 10-10-2013; Ord. No. O-12-18, § 22, 12-18-2018)

Created: 2024-08-01 08:28:29 [EST]
(Supp. No. 35)

18.16.185 Mechanical Equipment.

A. All heating, ventilating and air conditioning equipment, including ducts, meters, plumbing lines and tanks, shall be architecturally screened from public view, with the use of masonry walls when mounted at grade.

Roof mounted equipment is prohibited, except with the use of parapet walls when mounted on flat roof.

B. Plumbing vent pipes, all heater flues and all roof penetrations shall be gathered and concealed from view in the same manner.

C. All new mechanical equipment shall meet the same zoning setback requirement applicable to the building or structure served.
(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)
(Ord. No. O-05-13, § 2(Exh. A(8)), 10-10-2013; Ord. No. O-12-18, § 21, 12-18-2018) Note(s)—Formerly numbered as § 18.16.185.

18.16.190 Landscaping.

A. The landscape requirements for multi-family projects shall comply with the following code requirements:
• Drought-resistant Landscaping Shall be provided for the Development of any Lot with a minimum Landscaping coverage of thirty percent of the Lot Area. • Landscaping shall conform to the standards of Water Efficient Landscape Ordinance contained in Chapter

13.30 of the Municipal Code where applicable.
• The Landscaping Shall provide a mixture of shrubs, vines, groundcover, flowers or lawns throughout the entire Front Yard area, Side Yard areas, Parkways and throughout Open Spaces not occupied by accessways, parking areas and Sidewalks.
• Two trees per Dwelling Unit or one tree per two hundred square feet of gross Floor Area (administrative and Professional Services) Shall be provided and planted throughout the landscape areas. • Twenty percent of the trees Shall be of twenty-four-inch box size, another twenty percent of thirty-six- inch box size, and the remainder May be a minimum of fifteen-gallon size. • Landscape and irrigation plans Shall be prepared by a licensed landscape architect and submitted to the Planning Division along with the general Building plans, for review and Approval.

B. The required Landscaping Shall be maintained in a neat, clean, safe, orderly and healthful condition.

C. The landscaped areas shall be provided with a suitable permanent method for watering or sprinkling of plants. Wherever possible, the watering system shall utilize the least amount of water. Sprinklers used to satisfy the requirements of this provision shall be so spaced as to assure complete coverage of the landscaped areas.
(Ord. 0-14-92 § 1 (Exh. A) (part), 1992; Ord. No. O-12-18, § 20, 12-18-2018)

18.16.200 Trash and Storage Areas.

A. Trash Areas.

1. Trash areas for Multiple-Family Dwellings Shall provide the equivalent of not less than a fifty -gallon capacity container per Dwelling Unit. Where commercial trash containers are Used, there Shall be not

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(Supp. No. 35)

less than one such container for every fifteen Dwelling Units or use of smaller bins shall be in.

Compliance with City of Colton Trash and Recyclijng Enclosure Design Guide .

2. For office Uses, trash containers Shall be provided with a sufficient capacity to contain all Refuse generated by the Use.

3. All outside trash and Garbage collection areas Shall be enclosed or screened with a six -foot-high Wall with Gates and Shall be located as to allow for convenient pickup and disposal. The location design Shall also incorporate Access separate than Pedestrian Access.

4. All trash containers Shall be provided with lids.

B. For Multiple-Family Dwellings, at least sixty cubic feet of enclosed accessory storage space Shall be provided for each Dwelling Unit. Said space May be located in a garage or Carport; provided, that it does not interfere with the parking of a Vehicle.
(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)
(Ord. No. O-05-13, § 2(Exh. A(8)), 10-10-2013)

18.16.220 Architectural Compatibility.

The exterior design of Structures Shall be compatible with the surrounding architecture in order to preserve neighborhood integrity and promote architectural consistency within the City. (Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.16.230 Design Review.

Architectural and Site Plan Review for all development in the R-3 and R-4 zone shall be submitted to the appropriate decision-making body for review and approval pursuant to Chapter 18.58. Affordable housing projects shall be reviewed through administrative review process. (Ord. 0-14-92 § 1 (Exh. A) (part), 1992)
(Ord. No. O-05-13, § 2(Exh. A(8)), 10-10-2013)

Title 18 - ZONING
Chapter 18.23 M-U MIXED-USE—DOWNTOWN ZONE

Colton, California, Code of Ordinances Created: 2024-08-01 08:28:30 [EST] (Supp. No. 35)

Chapter 18.23 M-U MIXED-USE—DOWNTOWN ZONE

18.23.010 Intent and Purpose.

The Mixed-Use Downtown Zone (M-U/D) integrates civic, public, commercial, office, and residential uses.

Supporting convenience retail and personal service commercial uses are permitted to serve the needs of local residents, employees, and visitors. Higher-density residential uses are encouraged to add vibrancy and presence.

Long-established, low-density residential areas containing homes dating to Colton's early years are encouraged to retain their density and character.

Live/work development approaches are permitted as well where they contribute to the function and character of Downtown. All development within this zone should reflect attractive, pedestrian -oriented design that complements the area's historic character. Public and shared parking facilities are encouraged. (Ord. No. O-12-16, § 3(Exh. C), 8-2-2016)

18.23.020 Reserved.

18.23.030 Permitted Uses.

Refer to Table F in Section 18.06.060 F.
(Ord. No. O-12-16, § 3(Exh. C), 8-2-2016)

18.23.040 Reserved.

18.23.050 Property Development Standards.

The following property development standards, set out in Table 18.23.050 -1, shall apply to all land and buildings in the M-U Mixed-Use Downtown Zone.

18.23.050-1 Property Development Standards
Building
Placement
Table 1
A. Minimum Lot
Size
Two thousand square feet

Minimum Lot Dimensions
B. Minimum Lot
Width
Twenty-five feet1
C. Minimum Lot
Depth
fifty feet1

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(Supp. No. 35)

Stand Alone
Residential
Maximum
Density
Residential: 340.0 dwelling
units/acre.2

Mixed-
Use/Commercial
Maximum
Intensity

3.0 Floor Area Ratio (FAR) for non-
residential components.

Building Height Three stories or forty-five feet. Up
to four stories or fifty-five feet with
CUP.1

Building Height
Street Setback H Street and La Cadena Drive: Zero
feet to ten feet maximum. Setback
area shall include plaza, courtyard,
outdoor dining, or enhanced
pedestrian connections.

7th Street, 9th Street, 10th Street,
G Street, and Valley Boulevard:

Maximum ten feet landscaped to
building; Minimum fifteen feet
landscaped to parking area.

Setbacks: H Street and La Cadena Drive
Side Setbacks There shall be no side setback
required for interior lots.

Setback
4 stories
or 55 feet
with CUP
o· Side
Setback

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Setbacks: 7th Street, 9th Street, 10th Street, G Street, and Valley Boulevard
Rear Setbacks There shall be no rear setback
required for interior lots.

Setbacks with Landscaping: 7th Street, 9th Street,
10th Street, G Street, and Valley Boulevard
Ground Floor
Transparency
The ground floor building facade
facing a street frontage line, where
the ground floor use is non-
residential, shall consist of a
minimum forty-five percent area of
glass doors, windows, or other
transparent materials.

Ground Floor Transparency
Good Neighbor Where the side of a lot abuts a
residential zone, the minimum side
setback shall be ten feet.

Where the rear of a lot abuts a
residential zone, the minimum rear
setback shall be fifteen feet.

Those portions of a building that
abut a residential zone, where the
proposed structure is over thirty-
five feet tall, shall be setback a
minimum of twenty feet from that

Setbacks Adjacent to Residential Zones
o· Rear
Setback
o· Side
Setback

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(Supp. No. 35)

property line.

Where vehicular access is taken
from the side or rear of a lot, the
building shall be setback a
minimum of twenty-five feet from
that side.

1. For buildings with ground floor commercial uses, the required floor-to-ceiling height at the ground floor level for buildings facing public frontage lines shall be a minimum of twelve feet.

2. For projects developed exclusively for senior residents as income-subsidized housing, densities of up to sixty dwelling units per acre are allowed with approval of a Conditional Use Permit. (Ord. No. O-12-16, § 3(Exh. C), 8-2-2016)

18.23.060 Residential Open Space.

In the form of private and common area, all M-U Mixed-Use Downtown residential developments shall provide a minimum of twenty-five square feet of Residential Open Space each Dwelling Unit.

Residential Open Space

A. A minimum of one hundred seventy square feet of required Residential Open Space shall be in the form of private open space, with a minimum dimension of eight six feet. Private open space may be provided in the form of patios, porches, balconies, or recessed areas open on at least one side.

B. C ommon Residential Open Space shall be provided at a minimum of twenty -five square feet per unit.

Common Residential Open Space areas shall have a minimum dimension of ten feet. When common open space is designed for public/private use, a minimum of twenty square feet per unit is required.

These Common Residential Open Space areas may be provided in the form of pools, playgrounds, recreation fields, or recreation buildings, but no less than fifty percent of the Common Residential Open Space area shall be outdoor, landscaped Common Residential Open Space.

C. Provide sidewalk connections from homes to public sidewalks, and between homes and Residential Open Space.

D. Residential Open Space credit may be considered for park and/or common areas located within two hundred feet of the project site, subject to review and approval by the Development Services Director.

I I
100 sf/unit min of
Private Open Space
I I
l _J

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(Ord. No. O-12-16, § 3(Exh. C), 8-2-2016)

18.23.070 Parking Requirements.

A. Specific Requirements.

1. The following number of parking spaces shall be required to serve the uses or buildings listed, as established in Table 18.23.070-1 (M-U Downtown Zone Parking Requirements). All uses must provide the sum of the requirements for each individual use.

2. "Square feet" means "gross square feet" and refers to the sum gross square feet of the floor area of a building and its accessory buildings unless otherwise specified. For a mixed -use building, "square feet" means "gross square feet" and refers to the sum gross square feet of the publicly accessible floor area of a building and its accessory buildings.

3. Residential parking requirements for dens, studies, or other similar rooms that may be used as bedrooms shall be defined and calculated based upon the Building Code.

4. When the calculation of the required number of off-street parking spaces results in a fraction of a space, the total number of spaces shall be rounded up to the nearest whole number.

Table 18.23.070-1 M-U—Downtown Zone Parking Requirements Land Use Spaces Required
Commercial Land Uses
MU/D—H Street and La Cadena
Drive
One space/one thousand square feet
MU/D—All Others One space/five hundred square feet
Congregate Care Health Facility 1 for each 10 beds, one for each employee at maximum shift, plus one space reserved for on call Doctor
Residential Land Uses
Multiple-Family (apartments,
condominiums, and townhomes)—
H Street and La Cadena Drive
One space/dwelling unit
Multiple-Family (apartments,
condominiums, and townhomes)—
All Others
One – Bedroom/Efficiency Units – One space / dwelling unit enclosed by garage or carport.

Two Bedrooms Units - One and a half spaces/dwelling unit enclosed by garage or carport
Three Bedrooms or Greater - Minimum two spaces required for dwelling units with three or more bedrooms enclosed by garage or carport Live/Work Units—Residential
Portion
One space/dwelling unit enclosed by garage or carport
Single-Family Residential Two spaces/dwelling unit within a garage or carport

B. General Requirements. The general requirements for off-street parking shall be as outlined in Chapter

18.36 of this Code.

C. Tandem Parking. For lots less than ten thousand square feet in area, mixed-use developments, and/or multi-family residential projects, tandem parking spaces may be used for residential parking, and receive parking credit when serving the same residential unit subject to approval by the Development Services Director. Tandem parking spaces shall be a minimum of eleven feet wide and twenty feet deep per space.

I
I
I
I
I
r----
I

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D. Shared Parking. In addition to the shared parking requirements outlined in Section 18.36.040 of this Code, the use of shared parking agreements for mixed-use residential, retail, and office is encouraged within the Mixed-Use Downtown Zone. Developments incorporating shared parking strategies and/or joint use agreements may receive up to a ten percent reduction in the total number of parking spaces required for the proposed mix of uses subject to approval by the Development Services Director.

E. Off-site parking may be permitted for nonresidential projects subject to the approval of a Conditional Use Permit, based on the approval process outlined in Section 18.58.060 of this code. In addition to the findings in Section 18.58.060, the following criteria shall apply:

1. All off-site parking facilities shall be located within one thousand feet of the property where the use in question is located, unless a binding agreement is provided to provide transportation access from the parking facility to the use in question on a regular basis.

2. Public transit service shall be available within one-half mile of the use in question.

F. On-street parking spaces adjacent to a project site may be counted toward meeting minimum on -site parking requirements where no parking restrictions are in place, subject to the review and approval of the Development Services Director.

G. Bicycle Parking. Provide facilities for the temporary storage of bicycles as outlined in Chapter 18.36 of this Code.
(Ord. No. O-12-16, § 3(Exh. C), 8-2-2016; Ord. No. O-01-21, § 10, 2-16-2021)

18.23.080 Landscaping.

A. Landscaping shall be provided for the development of any lot with a minimum landscaping coverage of fifteen percent of the lot area not occupied by building footprint. The landscaping shall provide a mixture of shrubs, trees, groundcover, flowers and lawns throughout the entire front yard area, side yard areas, parkways and throughout open spaces not occupied by access ways, parking areas and sidewalks. One tree per three parking spaces shall be provided and planted throughout the landscaped areas. Twent y-five percent of the trees shall be of twenty-four inch box size, another twenty- five percent of thirty-six inch box size, and the remainder may be a minimum of fifteen-gallon size. Landscape and irrigation plans shall be prepared by a licensed Landscape Architect or Engineer and submitted to the Development Services Director along with the general building plans for review and approval.

B. The required landscaping shall be maintained in a neat, clean, safe, orderly, and healthful condition.

C. The landscaped areas shall be provided with a suitable permanent method for watering or sprinkling of plants. Wherever possible, the watering system shall utilize the least amount of water. Sprinklers used to satisfy the requirements of this provision shall be so spaced as to assure complete coverage of the landscaped areas.
(Ord. No. O-12-16, § 3(Exh. C), 8-2-2016)

18.23.090 Trash, Recycling, and Storage Areas.

A. Residential.

1. Trash and recycling areas for multiple-family dwellings and live/work units shall provide a minimum fifty-gallon capacity container per dwelling unit. Where commercial trash containers are used, there shall be a minimum of one such container for every fifteen dwelling units.

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(Supp. No. 35)

2. All outside trash and recycling collection areas shall be enclosed or screened with a six -foot-high wall with gates and shall be located to allow for convenient pickup and disposal. The location and design shall also incorporate access separate from pedestrian access.

3. All trash and recycling containers shall be provided with lids.

4. For multiple-family dwellings and live/work units, at least sixty cubic feet of enclosed accessory storage space shall be provided for each dwelling unit. Said space may be located in the Dwelling Unit, integrated into a balcony space, or in a garage or carport; provided, that it does not interfere with parking a vehicle.

5. Recycling. Separate adequate capacity trash containers shall be provided for recycling.

B. Non-Residential.

1. Trash containers shall be provided with a sufficient capacity to contain all refuse generated by the use.

2. All outside trash and recycling collection areas shall be enclosed or screened with a six -foot-high wall with gates and shall be located to allow for convenient pickup and disposal.

3. All trash and recycling containers shall be provided with lids.

4. The design of the trash enclosure shall follow City specifications on trash enclosures.

5. Separate, adequate capacity trash containers shall be provided for recycling. (Ord. No. O-12-16, § 3(Exh. C), 8-2-2016)

18.23.100 Mechanical Equipment.

A. All heating, ventilating, and air conditioning equipment, including ducts, meters, plumbing lines, and tanks, shall be architecturally screened from public view with the use of masonry walls when mounted at grade, or with the use of parapet walls when mounted on flat and pitched roofs.

B. Plumbing vent pipes, all heater flues, and all roof penetrations shall be gathered and concealed from view in the same manner and shall be painted to match the roof color. (Ord. No. O-12-16, § 3(Exh. C), 8-2-2016)

18.23.110 Architectural Compatibility.

The exterior design of structures shall be compatible with the surrounding architecture in order to preserve neighborhood integrity and promote architectural consistency within the City. (Ord. No. O-12-16, § 3(Exh. C), 8-2-2016)

18.23.120 Architectural and Site Plan Review.

Architectural and Site Plan Review for all development in the M-U/D Mixed-Use Downtown zone shall be submitted to the appropriate decision-making body for review and approval pursuant to Chapter 18.58. The decision-making body shall consider the following criteria:

A. The project is located within one-half mile walking distance of transit stops, shops, services, and public schools.

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(Supp. No. 35)

B. The project features high-quality market rate and/or affordable housing. Mixed income housing is encouraged.

C. The project will provide for, or contribute to, a mix of complementary uses.

D. The project will provide for, or contribute to, a range of housing types and densities within the community.

E. The project design includes pedestrian-friendly spaces such as plazas, squares, courtyards, and other amenities.

F. The project design includes comfortable and accessible open spaces. (Ord. No. O-12-16, § 3(Exh. C), 8-2-2016)

18.23.130 Colton Downtown Design Manual Reference.

The Colton Downtown Design Manual is a companion document to complement the Downtown Development Code, and has been prepared to establish an achievable vision, shape future development, and implement an action plan for Downtown Colton. Any future developme nt plans within the Downtown must be consistent with the Colton Downtown Design Manual.
(Ord. No. O-12-16, § 3(Exh. C), 8-2-2016)

Title 18 - ZONING
Chapter 18.58 ADMINISTRATION

Colton, California, Code of Ordinances Created: 2024-08-01 08:28:37 [EST] (Supp. No. 35)

Chapter 18.58 ADMINISTRATION

18.58.010 Roles/Applications/Fees.

A. The City Council. The Council Shall adopt zoning regulations as stated in this title; approve any changes to the Zoning Map; consider Appeals of Commission Decisions; and perform such other duties as are required by state Law.

B. The Planning Commission. The Commission Shall review, advise the Council on, and administer regulations of, this title; grant or deny Architectural and Site Plan Review, Conditional Use Permits, Minor Conditional Use Permits, Subdivisions pursuant to the current Subdivision Map Act and Variances; and perform such other duties as are required by the Council and/or state Law.

C. The Development Services Department. The Department Shall advise the Council, and Planning Commission on Matters concerning zoning regulations; Shall maintain records of all Matters relating to administration of zoning regulations; Shall advise the public of the provisions hereof; and Shall review Building Permits and Business Occupancy Permits as to the provisions of this title. The Department May also approve Minor modifications to a Development plan Approved by the Commission and/or Council.

D. The Department of Public Works.

1. The Director of Public Works, or his or her Designee(s), Shall determine whether a public works Project is exempt from environmental review, pursuant to CEQA and the City's CEQA guidelines. i. Where the Project is exempt, the Director of Public Works, or his or her Designee(s), Shall make such findings and file all required forms.
ii. Where the Project is not exempt, the Director of Public Works, or his or her Designee(s), Shall determine which, if any, document(s) need to be prepared under the provisions of CEQA and the City's Local CEQA guidelines and Shall recommend to the City C ouncil the appropriate environmental document in accordance with the City's Local CEQA guidelines.

2. The environmental determination of the Director of Public Works, or his or her Designee, regarding public works Projects Shall, if required, be subject to the Approval of and/or Appeal to the City Council only.

E. All applicants for a project(s) and Informal Development Consultation (Pre-Application) shall be required to submit all applicable City application form(s), submission requirements, and pay required fees as adopted by the City Council. Failure to meet these requirements shall render the application incomplete and the City shall not be obligated to process the application further until each of these requirements have been met.
(Ord. 0-12-06 § 1, 2006: Ord. 0-14-92 § 1 (Exh. A) (part), 1992) (Ord. No. O-03-14, § 8, 3-4-2014)

18.58.020 Business Occupancy Permits.

A. No Building erected, moved, enlarged or altered Shall be occupied, Used, or changed in Use or ownership until a Business Occupancy Permit has been issued by the Department. Such Business Occupancy Permit Shall be applied for coincidentally with the Application for a Building Permit and Shall be issued only after

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(Supp. No. 35)

such Building, erection, enlargement or Alteration has been completed in conformity with the provisions of this title and when the proposed Use conforms thereto. Any Use legally occupying an existing Building at the time the Ordinance codified in this title became effective May be continued but Shall not be changed unless a Business Occupancy Permit for the new Use Shall have been issued by the Department, after finding that such Use conforms with the provisions of this and other applicable chapters and Ordinances.

B. The conformity to the Property Development standards of this title May include the provisions of required Walls, Landscaping, parking, trash Enclosures, Street Improvements, aesthetic Improvements and all other Improvements determined by the Community Development Services Department to be necessary or required by any regulating Ordinance for the particular Use.

C. A Business Occupancy Permit Shall also be applied for before any Vacant land is hereafter Used or before an existing Use of Vacant land is changed. The Director Shall issue such Permits, provided such Use is in conformity with the provisions of this title. No Business Occupancy Permit Shall be required where the land is to be Used for tilling the soil and growing thereon farm, garden or orchard products.

D. The Business Occupancy Permit Shall state that the Building or proposed Use of a Building or land complies with all the Laws and Ordinances and with the provision of this title. A record of all Permits Shall be kept on file in the Department and copies Shall be furnished on request to any Person having a proprietary or Tenancy interest in the Building or land affected.

E. If a Zoning Entitlement such as a Conditional Use Permit is required by this title, the Business Occupancy Permit shall not be issued until the zoning entitlement is approved by the appropriate City decision making body.

F. Business Occupancy Waivers for a business within a business or clean and show or general waiver may be issued by the City under review and approval by the Development Services Director or designee. (Ord. 0-6-94 § 1, 1994; Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.58.030 Administrative Application review procedures.

A. Authority.

1. The Director is authorized to review, approve, deny or conditionally approve all Development Applications as further described in this section.

2. The Director Shall be assisted in his/her decisions by an Application Review Committee ("Committee") and May appoint members to the Committee to assist him/her in carrying out the Application review procedures outlined in this section.

3. The Director May receive recommendations from the Committee on all Projects described in this section.

4. The Director May have regularly scheduled meetings of the Committee and May call special meetings at his/her convenience or as the situation May warrant.

B. Intent and purpose. The City finds that an administrative Application review process will support the implementation of the General Plan and Zoning Code by ensuring compliance with all purposes, objectives, policies and standards in an efficient and objective manner.

C. Powers. Notwithstanding other provisions of this Code, the Director is granted power to receive, administratively hear and determine Applications and collect a fee in accordance with the most current adopted fee schedule on the Following Matters only:

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1. Minor deviations. The Director Shall have the power to hear and approve, conditionally approve or deny minor deviations from the provisions of the zoning regulations in the limited situations enumerated below:
a. An increase of up to ten percent of Floor Area Ratio or lot coverage over the maximum allowed; b. A ten percent maximum reduction on the front Setback, two feet maximum reduction on the side Setback, twenty percent maximum reduction on the rear Setback, and twenty percent maximum reduction on the separation between Buildings;
c. Width reduction not exceeding two feet of the amount prescribed for paved vehicular Access; d. A maximum of five percent reduction of the minimum Floor Area for Dwelling Units; e. A maximum height increase of two feet for Fences, Hedges and Walls; f. Allowance for the Use of common Recreation Space as a substitute for private Recreation Space; g. Area, width and Setback reductions up to ten percent of the amount prescribed for automobile service stations;
h. Reduction of up to ten percent of the amount of Parking Spaces required. i. Increase of up to ten percent of the maximum sign area, maximum height, or increase/reduction of ten percent in maximum/minimum letter height for Building attached or freestanding signs. j. Modify front yard paving and landscaping requirements within the R -1 Zone for properties with no available on-street parking within sixty (60) feet of property line.

2. Minor Subdivisions. Where basic criteria for a Minor Subdivision are met as prescribed by Section

16.20.020 of this Code, the Director Shall have the power to recommend Approval, conditional Approval or disapproval to the Public Works Director of any pr oposed Minor Subdivision in the Following limited situations and provided no Variances are required:
a. Realignment of Lot Lines, where the Minor Subdivision Application consists of the realignment of existing Lot Lines;
b. Where the Application for the Minor Subdivision consists of an Application to split off a portion of the Lot (or to acquire a portion of another Lot) not to exceed twenty -five percent of the Lot of the Applicant involved;
c. Where the Application consists of division into not more than four Parcels.

3. Architectural and Site Plan Review. The following planning approval process shall apply to each specific development project type as outlined below:
• The Director/Designee shall review, and approve, deny or conditionally approve an administrative review of an Architectural and Site Plan Review for commercial, industrial, institutional type projects which do not exceed fifteen thousand square feet of gross floor area.
• The Director/Designee shall review, and approve, deny or conditionally approve an administrative review of an Architectural and Site Plan Review for residential projects proposed from 2 to 30 dwelling units an acre;
• The Planning Commission shall review, and approve, deny or conditionally approve an Architectural and Site Plan Review for residential projects greater than 30 dwelling units per acre;

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• The Director Shall only make recommendations on Projects of larger size and the Planning Commission Shall have the authority to approve, deny or conditionally approve The Planning Commission shall review, and approve, deny or conditionally approve Architectural and Site Plan Review for all such proposed commercial, Industrial, and institutional projects in the City that exceed fifteen thousand square feet of gross floor area. • Only plans for the Development of a Single Family detached Dwelling unit including accessory buildings, and additions or Alterations to existing structures, fences, hedges and walls serving a single family dwelling unit which do not change the external appearance nor increase the intensification of Use of the structure, shall be exempt from Architectural and Site Plan Review and only require review through building plan check process which shall include the planning/zoning review and other City departmental review.

The Director and/or the Planning Commission Shall approve or conditionally approve Architectural and Site Plan Review , except where they make one or more of the following findings:
a. The provisions for vehicular parking and for vehicular and pedestrian circulation on the site, and onto adjacent public right-of-way will create safety hazards, unless reduction of parking is required by City Code or state legislation.
b. The bulk, location and height proposed will be detrimental or injurious to other d evelopment in the neighborhood or will result in the loss of or damage to unique natural or topographic features of the site that are important to the environmental quality of life for the citizens of Colton, and the project is feasible in a manner that will avoid such detrimental or injurious results or such loss or damage;
c. The provisions for on-site landscaping do not provide adequate protection to neighboring properties from detrimental features of the proposed project that could be avoided by adequate landscaping On-site landscaping is not in compliance with the minimum code landscape requirements for the proposed development, unless approved otherwise by a Variance application;
d. The provisions for exterior lighting are either inadequate for human safety or will diminish the value and/or usability of adjacent property;
e. The exterior design of the buildings and structures will be injurious or detrimental to the environmental or historic features of the immediate neighborhood in which the proposed p roject is located and will cause irreparable damage to property in the neighborhood, to the City and to its citizens;
f. The proposed Project will impose an undue burden upon off-site public services, including sewer, water and streets, which conclusion shall be based upon a Written report of the City Engineer; and there is no provision in the capital works program of the City to correct the specific burden within a reasonable period after the project will be completed.

4. Signs. The Director Shall review Applications for all Signs within the City, recognizing that the height, size, shape, number, color, lighting and movement of any Sign Shall be proportional to the size and/or intensification of Use of any given Development. The Director Shall have the authority to approve, conditionally approve or deny those signs identified in Table 18.50 -1 of this Title as being subject to Approval by the Director.

5. Determination of appropriate environmental documents to be prepared pursuant to CEQA. Except as otherwise provided in Subsection D. herein, the Director Shall direct City staff regarding the appropriate document(s) to prepare on each proposed Project for Commission and/or Council review and certification pursuant to the California Environmental Quality Act (CEQA). Where the Project is

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(Supp. No. 35)

deemed to be exempt from environmental review pursuant to CEQA Guidelines, the Director Shall make such findings and file all required forms.

6. Approval of architectural and site plan review within a Specific Plan Area. In cases where all standards, criteria and guidelines specified by a specific plan are met, the Director Shall have the power to approve any Architectural and Site Plan Review.

7. Unlisted Uses. The Director Shall make determinations whether a use not specifically listed in this Zoning Code is permitted, conditionally permitted or not permitted pursuant to Subsection 18.060.060 K.

D. Environmental determination for public works projects. Notwithstanding any other provision in this title, the Director of Public Works, or his or her Designee(s), Shall determine the appropriate level of environmental review necessary for CEQA compliance. In the event a Project is not exempt from CEQA, the Director of Public Works Shall recommend to the City Council the appropriate environmental document in accordance with CEQA Guidelines. If required, the Decision of the Director of Public Works, and hi s or her Designee(s), Shall be subject to the Approval of and/or Appeal to the City Council only. The procedures for Appeal to the City Council Shall be the same as those set forth in Subsections F.2. and F.3. of this section, except that such Appeal Shall be in writing and delivered to the Director of Public Works and the City Clerk, rather than the Director.

E. Decisions.

1. All Decisions Shall be effective ten Days after the Director's Decision.

2. In all cases, Written Notice of the Director's Decision Shall be mailed or personally delivered to the Applicant. If personally delivered, the Written Notice Shall be deemed received by the Applicant upon personal delivery. If mailed, the Written Notice Shall be deemed received by the Applicant three calendar days following deposit in the mail.

F. Appeals and Discretion to decline jurisdiction.

1. Notwithstanding any provisions giving the Director the power and the authority to hear and determine the foregoing Matters, the Director May, at his/her discretion, decline to hear or determine the Matter and instead May refer it to the Commission.

2. Any Applicant not satisfied with a determination by the Director Shall have the right to Appeal to the Planning Commission. Such Appeal Shall be made in writing and delivered to the Office of the Director within ten calendar Days after the Applicant's receipt of notification of the Director's Decision. A Fee Shall be paid as established by City Council Resolution.

3. In the event of an Appeal as provided in Subsection F.1. or F.2. of this section, the action of the Director in the Matter Shall be suspended pending the Appeal. After a Decision by the Commission, Appeal Shall be to the Council. Such Appeal Shall be made in the same time and manner as the Appeal to the Commission, except that the Appeal Shall be Written and delivered to the City Clerk, rather than the Director.

G. Filing Fee. With respect to Applications filed under the provisions of Subsections C.1., C.2., C.4. and C.8. of this section, a Uniform Fee set by Council Resolution Shall be paid to the City upon the filing of each Application to cover the costs and expenses involved.
(Ord. 0-12-06 § 2, 2006: Ord. 0-16-05 § 10, 2005; Ord. 0-14-92 § 1 (Exh. A) (part), 1992) (Ord. No. O-03-14, § 8, 3-4-2014; Ord. No. O-11-20, § 14, 10-20-2020; Ord. No. O-01-21, § 12, 2-16-2021)