Fontana City Council
July 25, 2023

725
City of Fontana
Fourth Quarter Budget Status Report – 2022/2023 July 25, 2023

Table of Contents
Report Objectives .................................................................................................................... 3 Summary of Key Points ............................................................................................................. 4 Significant Economic Trends....................................................................................................... 5 Summary of Proposed General Fund Adjustments......................................................................... 6 General Fund Revenues............................................................................................................. 8 General Fund Expenditures ........................................................................................................ 9 Fund Balance Review .............................................................................................................. 10 Organizational Changes........................................................................................................... 11 Liability Claims ....................................................................................................................... 12 American Rescue Plan Act Expenditure Plan............................................................................... 13 Conclusion ............................................................................................................................. 14 Schedules:

General Fund – Fund Balance Reconciliation.............................................................. 15 Fund Balance – Other Funds.................................................................................... 16 Recommended Adjustments – General Fund ............................................................. 22 Recommended Adjustments – Other Funds............................................................... 23

726
City of Fontana
Fourth Quarter Budget Status Report – 2022/2023 July 25, 2023

Report Objectives
The purpose of the Fourth Quarter Budget Status Report is to:

1. Provide the City Council with an overview of all funds;

2. Comment on significant economic trends;

3. Recommend budget changes to address known budget deficiencies which will materially impact fund balance.

727
City of Fontana
Fourth Quarter Budget Status Report – 2022/2023 July 25, 2023

Summary of Key Points –
General Fund Revenues. The percent of current budget received as of June 30, 2023, is 102.83%; the percent of recommended budget received as of June 30, 2023, is 102.72% (see page 8). When adjusted for collection anomalies, the percent is 117.67%. The following adjustments are recommended for a net increase of $153,610:
o Increase to Miscellaneous Revenues revenue $153,610
General Fund Expenditures. The percent of current budget spent as of June 30, 2023, is 82.27%; the percent of recommended budget spent as of June 30, 2023, is 84.15% (see page 9). The following adjustments are recommended for a net decrease of $2,931,440:
o Offsetting Adjustments increase of $7,580
o New requests decrease of $2,939,020
Transactions in funds, other than the General Fund, reflect budget cleanup.

728
City of Fontana
Fourth Quarter Budget Status Report – 2022/2023 July 25, 2023

Significant Economic Trends
Nationally:
 According to the Bureau of Economic Analysis (BEA), the United States’ economy increased as real GDP rose an average of 2.0 across all 50 states and the District of Columbia. This increase was in 14 of the 23 industry groups including agriculture, forestry, fishing, and hunting. Finance and insurance decreased in all 50 states and the District of Columbia.  The health of the U.S. labor market appears to average as The Bureau of Labor Statistics (BLS) reported that the nation’s unemployment rate for May 2023 rose to 3.7% and the number of unemployed people rose to 6.1 million. Job gains occurred in professional and business services, government, health care, construction, transportation and warehousing, and social assistance.

The State of California:
 According to a report by ABC7, California revenues slowed as inflation soared and the stock market struggled this year.

Additionally, California is more vulnerable to changes in the economy than other states do due most of its revenue from taxes paid by the wealthy. Some have criticized the current California budget plan as being unsustainable.  California’s recovery in total jobs as well as its unemployment rate continue to lag the nation. According to the U.S.

Bureau of Labor Statistics and the California Employment Development Department, as of May 2023 the golden state has an unemployment rate of 4.5% or 883 thousand people. California is listed in the top 10% of highest unemployment in the country. The state is facing a labor shortage as employers struggle to hire qualified candidates.

The City of Fontana:
 Fiscal Year 2021/22 ended with 832 single family dwelling permits being issued. At the end of June 2023, 876 permits have been issued compared to 830 for the same period last year.  Fourth quarter 2022/23 sales tax receipts were 2% lower than the same quarter one year ago.  The Local Agency Investment Fund (LAIF) is currently paying 3.26% (daily rate) on City investments as of June 30, 2023, up from 0.75% for the same time last year. The 2-year treasury benchmark rate as of June 30, 2023 is 4.87% up from 2.92% last year.

729
City of Fontana
Fourth Quarter Budget Status Report – 2022/2023 July 25, 2023

Summary of Proposed General Fund Adjustments
Revenues Expenditures
Increase to Miscellaneous Revenues revenue 146,030
146,030
Offsetting adjustments:

Development Services Commercial Cannabis Business Applications 241,103 Planning Commercial Cannabis Business Applications (241,103) Development Services Commercial Cannabis Business Applications 77,550 Building & Safety Commercial Cannabis Business Applications (77,550) Police Department Metal Recycling to Offset Equipment Maintenance & Trainings 7,580 Police Department Metal Recycling to Offset Equipment Maintenance & Trainings 7,580 7,580 7,580
Adjust revenue estimates to reflect Fourth Quarter collections:

Fund Balance
Impact

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City of Fontana
Fourth Quarter Budget Status Report – 2022/2023 July 25, 2023

Summary of Proposed General Fund Adjustments
(continued)
Revenues Expenditures
New Requests (One-Time)
City Administration Decrease GF to Reflect Fund #302 ARPA Budget (42,960) Human Resources Decrease GF to Reflect Fund #302 ARPA Budget (86,140) Finance Decrease GF to Reflect Fund #302 ARPA Budget (275,630) Development Services Decrease GF to Reflect Fund #302 ARPA Budget (37,830) Building & Safety Decrease GF to Reflect Fund #302 ARPA Budget (197,940) Engineering Decrease GF to Reflect Fund #302 ARPA Budget (180,920) Police Department Decrease GF to Reflect Fund #302 ARPA Budget (2,177,600) Planning Additional legal services funds through June 30, 2023 60,000 (2,939,020)
Net adjustments 153,610 (2,931,440)
Reserves: Unappropriated Fund Balance 3,085,050
153,610 153,610
Fund Balance
Impact
Although budget adjustments are recommended across all City funds, the emphasis of the Fourth Quarter Budget Report is directed at the General Fund. The General Fund provides most of the services commonly associated with government (public safety, recreation, parks, building and planning). This report concentrates on budget trends and issues that impact the delivery of services.

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City of Fontana
Fourth Quarter Budget Status Report – 2022/2023 July 25, 2023

General Fund Revenues
Revenues continue to be monitored on a monthly basis. A net General Fund revenue increase of $153,610 is recommended as part of the Fourth Quarter Budget Report. See page 22 for details of the revenue adjustments.

Current Percent of Recommended Recommended Percent of
Budget Received Current Fourth-Quarter Budget Recommended Adopted Before as of Budget Budget After Budget
Revenue Source Budget Adjustments 6/30/2023 Received Adjustments Adjustments Received Sales Tax $48,206,100 $55,656,480 $58,157,794 104.49% $55,656,480 104.49% Property Tax 32,745,000 33,545,000 36,821,908 109.77% 33,545,000 109.77% Interest and Rentals 3,785,850 4,185,850 3,375,617 80.64% 4,185,850 80.64% Franchises 7,100,000 8,515,270 10,386,576 121.98% 8,515,270 121.98% Business Related 7,062,200 8,066,230 9,236,119 114.50% 8,066,230 114.50% Development Related 10,682,200 14,287,220 11,260,242 78.81% 14,287,220 78.81% Recreation 3,966,690 4,010,490 3,407,413 84.96% 4,010,490 84.96% Motor Vehicle in-Lieu 1,000,000 1,000,000 218,134 21.81% 1,000,000 21.81% Miscellaneous Revenues 2,912,870 2,934,550 3,188,242 108.65% 153,610 3,088,160 103.24% Reimbursables 1,543,550 1,849,509 2,101,988 113.65% 1,849,509 113.65% From Other Agencies 4,356,050 4,354,740 4,174,590 95.86% 4,354,740 95.86% Total General Fund $123,360,510 $138,405,339 $142,328,624 102.83% $153,610 $138,558,949 102.72% NOTE: Property Tax in-lieu of VLF collections are lagging due to the State’s “Triple Flip” which provides for lump-sum payments in January and May. Interest revenue is received starting in October and is followed by a year-end accrual for a full twelve months of interest. A large share of Franchise revenues are received annually in the month of April. When adjusted for these anomalies, the percent of recommended budget received is 117.67%.

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City of Fontana
Fourth Quarter Budget Status Report – 2022/2023 July 25, 2023

General Fund Expenditures
General Fund expenditures for Fourth quarter are on track and within budget. Staff recommends a net decrease in appropriations of $2,931,440. See page 22 for details of the expenditure adjustments.

Current Percent of Recommended Recommended Percent of
Budget Spent Current Fourth-Quarter Budget Recommended
Adopted Before as of Budget Budget After Budget
Department Budget Adjustments 6/30/2023 Spent Adjustments Adjustments Spent City Administration $3,889,790 $5,290,757 $4,472,860 84.54% (42,960.00) $5,247,797 85.23% Human Resources 1,191,030 1,841,423 1,025,931 55.71% (86,140.00) 1,755,283 58.45% Administrative Services 328,700 594,403 390,606 65.71% 594,403 65.71% Office of the City Clerk 818,490 1,004,278 818,998 81.55% 1,004,278 81.55% Community Services 14,933,760 14,991,379 11,831,340 78.92% 14,991,379 78.92% Innovation & Technology 3,873,710 4,671,571 3,778,595 80.88% 4,671,571 80.88% Finance 3,120,890 4,632,849 3,255,669 70.27% (275,630.00) 4,357,219 74.72% Development Services 812,590 1,280,625 960,897 75.03% 39,720.00 1,320,345 72.78% Building and Safety 2,134,980 3,112,462 2,521,206 81.00% (275,490.00) 2,836,972 88.87% Planning 2,511,990 3,081,965 2,734,685 88.73% 60,000.00 3,141,965 87.04% Engineering 3,731,200 5,254,994 3,961,067 75.38% (180,920.00) 5,074,074 78.06% Public Works 7,386,950 8,924,065 7,212,124 80.82% 8,924,065 80.82% Police 68,883,630 76,693,206 65,118,744 84.91% (2,170,020.00) 74,523,186 87.38% Total General Fund $113,617,710 $131,373,976 $108,082,720 82.27% ($2,931,440) $128,442,536 84.15% NOTE: The above amounts do not include project funding.

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City of Fontana
Fourth Quarter Budget Status Report – 2022/2023 July 25, 2023

Fund Balance Review
The City Council has established an Undesignated General Fund Balance goal of 15% of adopted recurring annual appropriations.

The Fourth Quarter Report recommendations maintain this balance. The City’s Undesignated General Fund Balance represents the available resources to provide funding for future contingencies such as earthquakes, economic fluctuations, major infrastructure repairs and investment in capital for improved productivity and efficiencies.

The Fourth Quarter Budget Report recommends the following:
• $3,085,050 Increase to Unappropriated Fund Balance Reserve Fund Balance Reserves After Adjustments
15% Contingency Reserve $22,941,910
Economic Uncertainty Reserve 9,469,586
PERS Rate Stability Reserve 9,828,469
Expenditure Control Budgeting 0
Unappropriated Fund Balance 3,085,050
Total $45,551,498

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City of Fontana
Fourth Quarter Budget Status Report – 2022/2023 July 25, 2023

Organizational Changes
Quarterly Budget Reports are routinely used to recommend organizational and/or personnel changes within a fiscal year. Upon approval, the total recurring costs for these organizational changes will be added to or deducted from the department’s target numbers.

There are no organizational changes recommended as part of the Fourth Quarter Budget Status Report.

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City of Fontana
Fourth Quarter Budget Status Report – 2022/2023 July 25, 2023

Liability Claims
The City Council has authorized the Director of Human Resources and the City Manager to settle liability claims within specified dollar amounts as follows:

City Manager with the concurrence of the City Attorney $25,000 Director of Human Resources/Risk Management with concurrence of the City Attorney $10,000

The City Council has directed staff to report claim settlements as part of each quarterly budget report. One claim was settled during the Fourth Quarter of Fiscal Year 2022/2023:

Claim Number Description Amount
CIVSB2109638 Discrimination $20,000
$20,000

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City of Fontana
Fourth Quarter Budget Status Report – 2022/2023 July 25, 2023

American Rescue Plan Act (ARPA) Expenditure Plan
Approved Projects by Federal Use Category Amount Expended Available Public Health & Economic Response 20,417,627 6,040,539 14,377,088 Fontana Forward Grant Program 300,000 189,693 110,307
Homelessness Prevention Resources and Care Center 8,000,000 80,645 7,919,355 Leveraged Project: Support Government Employment 4,950,281 2,749,026 2,201,255 Metrolink Station Security Cameras 60,000 66,410 (6,410) Park Improvements 4,079,892 105,160 3,974,732
Vaccine Bonus 527,454 527,454 (0)
Ventilation Upgrade for City Facilities 2,500,000 2,322,150 177,850 Revenue Loss 10,000,000 209,394 9,790,606
Parking Structure 10,000,000 209,394 9,790,606
Uniform Administrative Requirement, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) 250,000 12,047 237,953 Administrative Costs 250,000 12,047 237,953
Water, Sewer, and Broadband Infrastructure 17,790,000 4,741,252 13,048,748 Cypress Storm Drain Project 5,840,000 - 5,840,000
Data Security & Threat Detection 250,000 157,927 92,073 Endpoint Detection & Response Solution 75,000 154,806 (79,806) Fiber to City facilities 2,000,000 15,800 1,984,200
Network Detection & Response Solution 75,000 - 75,000
Leveraged Project: Accela 3,600,000 2,976,994 623,006
Leveraged Project: Fontana 311 3,150,000 973,489 2,176,511 Septic to Sewer 2,000,000 - 2,000,000
Sewer and Storm Drain Infrastructure Masterplan 375,130 251,779 123,351 Update Master Infrastructure Plans 424,870 210,457 214,413 Premium Pay 1,799,486 1,040,837 758,649
Part-Time Employee Retention 250,000 152,936 97,064
Public Safety Premium Pay 1,549,486 887,901 661,585
Total 50,257,113 12,044,069 38,213,044

CITY OF FONTANA

AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE PLAN
ESTIMATED AS OF June 30, 2023

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City of Fontana
Fourth Quarter Budget Status Report – 2022/2023 July 25, 2023

Conclusion
The City Council has provided fiscal policy direction that has laid the foundation for the 2022/2023 Operating Budget's conservative approach to revenues and expenditures. The recommended budget changes included in the Fourth Quarter Budget Report continue to adhere to City Council Policy.

As stated by the City Council’s Vision Statement, the City of Fontana is a dynamic, thriving community, due to its committed elected leadership and the talents and ingenuity of the individuals in this community and organization. The key is through a wellplanned, long-term fiscal plan, based upon economic development that will continue to generate high paying long-term employment opportunities, bring in new and stable sales tax revenue sources, and maintaining intergovernmental relations.

Though there are still great challenges ahead, the City is firmly committed to meeting each and every challenge that comes our way.

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Fourth Quarter Budget Status Report - 2022/2023 City of Fontana July 25, 2023
2018-19 2019-20 2020-21 2021-22
Audited Audited Audited Estimted Adopted Adjusted Proposed Proposed Actuals Actuals Actuals Actuals Budget Budget Adjustments Budget Revenues $115,286,615 $114,334,026 $128,044,517 $132,382,258 $123,360,510 $138,405,339 $153,610 $138,558,949 Expenditures 97,069,126 101,318,229 100,324,532 111,341,793 113,617,710 131,373,977 (2,931,440) 128,442,537 Revenues over (under) expenditures 18,217,489 13,015,797 27,719,985 21,040,465 9,742,800 7,031,362 3,085,050 10,116,412 Other sources & uses:

Operating transfers in 11,903,826 11,199,568 10,455,858 12,073,139 11,613,510 11,613,510 0 11,613,510 Operating transfers out (22,332,286) (24,459,727) (27,553,964) (26,313,909) (20,818,310) (26,186,330) 0 (26,186,330) Total other sources & uses (10,428,460) (13,260,159) (17,098,107) (14,240,770) (9,204,800) (14,572,820) 0 (14,572,820) Revenues & other sources over
(under) expenditures and other uses 7,789,029 (244,362) 10,621,878 6,799,695 538,000 (7,541,458) 3,085,050 (4,456,408) Fund balance, beginning of year 32,116,136 39,272,847 38,692,079 43,584,090 33,716,101 50,383,784 50,383,784 Projected expenditure savings from current year 0 0 0
GASB 31 adjustment (632,318) (336,406) 41,009
Eliminate RDA receivables
Prior period adjustment
Fund balance, end of year $39,272,847 $38,692,079 $49,354,966 $50,383,785 $34,254,101 $42,842,326 $3,085,050 $45,927,376

FUND BALANCE
Reserved
Inventories $330,543 $327,065 $253,532 $375,878 $327,065 $375,878 $375,878 Jr. Lien Bonds 2,500,000 2,500,000 2,500,000 0 2,500,000 0 0 Total reserved 2,830,543 2,827,065 2,753,532 375,878 2,827,065 375,878 0 375,878 Unreserved
Economic Uncertainty 6,919,867 8,500,057 8,514,643 9,469,586 8,514,643 9,469,586 9,469,586 Designated for ECB 1,578,985 0 0 0 0 0 0
PERS 4,588,085 6,038,085 5,869,393 9,828,469 5,869,393 9,828,469 9,828,469 Future projects and commitments 0 0 0 0
Unappropriated 8,685,367 6,029,872 16,333,398 14,204,852 0 226,483 3,085,050 3,311,533 $24,602,847 $23,395,079 $33,470,966 $33,878,785 $17,211,101 $19,900,416 $3,085,050 $22,985,466 Contingencies $14,670,000 $15,297,000 $15,884,000 $16,505,000 $17,043,000 $22,941,910 $22,941,910 General Fund - Fund Balance Reconciliation
Five-Year Summary
2022/23
City of Fontana

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Fourth Quarter Budget Status Report - 2022/2023 City of Fontana July 25, 2023
Unaudited Net Estimated
Fund Balance Proposed Fund Balance
July 1, 2022 Revenues Transfers In Expenditures Transfers Out Available Adjustments June 30, 2023 Other General Funds:
102 City Technology $775,360 $0 $4,710,770 ($1,382,774) ($3,150,000) $953,356 $0 $953,356 103 Facility Maintenance 222,747 0 7,600,170 (7,806,461) 0 16,456 16,456 104 Office of Emergency Services 1,062,474 151,415 0 (188,805) 0 1,025,084 1,025,084 105 KFON 1,646,164 250,000 0 (254,540) 0 1,641,624 1,641,624 106 Self Insurance 9,626,636 6,179,780 0 (8,763,730) 0 7,042,686 7,042,686 107 Retirees Medical Benefits 23,549,549 220,000 2,500,000 (2,500,000) 0 23,769,549 23,769,549 108 Supplemental Retirement 1,615 0 32,000 (32,000) 0 1,615 (508) 1,107 110 General Fund Operating Projects 477,535 0 1,500,440 (1,424,090) 0 553,885 553,885 115 Lease-Fire 0 2,406,545 0 0 0 2,406,545 2,406,545
125 Storm Water Compliance 457,269 221,700 0 (225,230) 0 453,739 453,739 $37,819,349 $9,429,440 $16,343,380 ($22,577,630) ($3,150,000) $37,864,539 ($508) $37,864,031 Special Revenue Funds:
201 Muni Svcs Fiscal Impact Fee $21,722,427 $1,484,000 $0 $0 ($859,000) $22,347,427 $22,347,427 222 Crime Prev Asset Seizure 65,109 19,750 0 (38,100) 0 46,759 46,759 223 Federal Asset Seizure 2,480,202 6,076,000 0 (3,650,585) (278,150) 4,627,467 4,800,000 9,427,467 224 State Asset Seizure 549,373 80,600 0 (57,200) 0 572,773 572,773 225 PD Traffic Safety 2,499,920 399,500 0 (322,501) (230,600) 2,346,319 2,346,319 226 Opioid Settlement 0 199,210 0 (199,210) 0 0 0
241 Air Quality Mgmt District 298,518 310,500 0 (404,360) (16,420) 188,238 188,238 242 Measure I - TCR 0 0 0 0 0 0 0
243 Traffic Safety 38,991 45,350 0 (49,020) 0 35,321 35,321 244 Prop 1B 134,678 1,200 0 0 0 135,878 135,878
245 Measure I Reimb 2010-2040 88,678 3,782,030 0 (3,778,360) 0 92,348 92,348 246 Measure I Local 2010-2040 4,387,270 5,204,800 0 (9,421,969) (99,900) 70,201 70,201 281 Gas Tax (State) 1,977,183 6,222,760 0 (3,854,373) (815,430) 3,530,140 3,530,140 282 Solid Waste Mitigation 1,931,495 3,029,400 0 (3,633,233) (578,080) 749,582 749,582 283 Road Maintenance & Rehab 31,297 4,887,580 0 (4,876,780) 0 42,097 42,097 301 Grants 252,822 8,506,957 0 (8,759,779) 0 0 0 0
302 ARPA 2021 4,237,271 0 0 (4,237,271) 0 (0) (0)
303 TDA/Article 3 (6,387) 0 0 6,388 0 1 1
304 ARPA - County 0 0 0 0 0 0 0 0
321 Fed Law Enf Block Grant 58,126 208,330 0 (196,570) 0 69,886 (53,400) 16,486 322 State COPS AB 3229 805,396 600,673 0 (664,964) 0 741,105 741,105 Total Other General Funds
City of Fontana
Unreserved Fund Balance
Budget
FY 2022/2023

740
Fourth Quarter Budget Status Report - 2022/2023 City of Fontana July 25, 2023
Unaudited Net Estimated
Fund Balance Proposed Fund Balance
July 1, 2022 Revenues Transfers In Expenditures Transfers Out Available Adjustments June 30, 2023 City of Fontana
Unreserved Fund Balance
Budget
FY 2022/2023
Special Revenue Funds:
362 CDBG 1,867,536 3,088,687 0 (3,675,543) (91,800) 1,188,880 1,630 1,190,510 363 Home Program 792,884 866,303 0 (765,575) 0 893,612 (1,677) 891,936 365 Down Pymt Assistance Prgm $11,301 $0 $0 $0 $0 11,301 $11,301 385 After School Program 82,621 6,031,255 0 (5,678,105) (329,560) 106,211 106,211 386 ASES ELO-P Grant (201,758) 4,495,120 0 (4,293,362) 0 0 0 387 ASES ELO-P TK Grant 0 453,690 0 (453,690) 0 0 0
395 LMD #1 City Wide 1,816,545 $925,700 $0 ($1,148,348) ($142,390) 1,451,507 1,451,507 396 LMD #2 Village of Heritage (31,801) 2,772,000 550,200 (3,330,127) (314,360) (354,088) (354,088) 397 LMD #3 Empire Center 248,564 64,150 0 (68,586) (4,490) 239,638 239,638 398 LMD #3 Hunter's Ridge 2,492,472 820,900 118,090 (1,028,961) (97,100) 2,305,401 2,305,401 399 LLMD #3 Hunter's Ridge 33,733 34,350 0 (32,000) (2,860) 33,223 33,223 401 CFD #1 Southridge Village 6,319,384 5,567,400 0 (5,807,080) (2,089,560) 3,990,144 3,990,144 403 CFD #6-3A Bellgrove II 435,960 231,000 0 (166,123) (35,550) 465,287 465,287 404 CFD #6-2 N Morningside 314,115 92,350 0 (74,728) (7,240) 324,497 324,497 405 CFD #6-1 Stratham 565,812 189,800 0 (149,442) (102,950) 503,220 503,220 406 CFD #6 The Landings 2,955,846 349,200 98,610 (513,359) (51,310) 2,838,987 2,838,987 407 CFD #7 Country Club Estates 340,604 115,450 12,000 (161,975) (14,790) 291,289 291,289 408 CFD #8 Presley 795,289 80,700 97,200 (265,406) (22,240) 685,543 685,543 409 CFD #9M Morningside 246,881 165,700 0 (149,078) (101,170) 162,333 162,333 410 CFD #10M Jurupa Industrial 264,746 39,900 0 (36,153) (3,470) 265,023 265,023 412 CFD #12 Sierra Lakes 1,333,344 902,200 144,700 (1,118,924) (121,790) 1,139,530 1,139,530 413 CFD #13M Summit Heights 907,997 439,300 92,930 (795,547) (75,070) 569,610 569,610 414 CFD #14M Sycamore Hills 168,354 477,020 0 (307,913) (204,340) 133,121 133,121 415 CFD #15M Silver Ridge 308,238 278,600 0 (154,433) (194,380) 238,025 238,025 416 CFD #16M Ventana Pointe 130,313 44,400 0 (45,190) (27,070) 102,453 102,453 418 CFD #18M Badiola Homes 42,587 7,150 0 (2,950) (3,900) 42,887 42,887 420 CFD #20M 108,579 33,400 0 (36,072) (17,850) 88,057 88,057 421 CFD #21M 219,953 40,900 0 (16,106) (19,930) 224,817 224,817 423 CFD #23M 39,762 7,900 0 (1,931) (10,210) 35,521 35,521 424 CFD#24M 178,233 46,000 0 (22,766) (25,520) 175,947 175,947 425 CFD #25M 301,506 84,100 0 (45,588) (47,970) 292,048 292,048 427 CFD #27M 20,236 83,500 0 (60,807) (4,180) 38,749 38,749 428 CFD #28M 538,788 149,300 0 (78,348) (98,810) 510,930 510,930 429 CFD #29M 36,814 23,600 0 (24,785) (17,430) 18,199 18,199

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Fourth Quarter Budget Status Report - 2022/2023 City of Fontana July 25, 2023
Unaudited Net Estimated
Fund Balance Proposed Fund Balance
July 1, 2022 Revenues Transfers In Expenditures Transfers Out Available Adjustments June 30, 2023 City of Fontana
Unreserved Fund Balance
Budget
FY 2022/2023
Special Revenue Funds:
430 CFD #30M 777,727 240,900 0 (144,113) (144,540) 729,974 729,974 431 CFD #31 Citrus Heights North 568,753 299,800 0 (232,094) (168,260) 468,199 468,199 432 CFD #32M $93,845 $18,600 $0 ($5,250) ($13,600) $93,595 $93,595 433 CFD #33M Empire Lighting 136,361 42,100 0 (40,831) (2,140) 135,490 135,490 434 CFD #34 Empire Detention Basin 237,261 22,900 0 (11,839) (1,020) 247,302 247,302 435 CFD #35M 1,376,436 512,700 0 (703,581) (157,360) 1,028,195 1,028,195 436 CFD #36M 56,479 22,600 0 (9,253) (17,410) 52,416 52,416 437 CFD #37 Montelago 280,163 89,700 0 (63,154) (46,050) 260,659 260,659 438 CFD #38M 800,987 182,150 0 (91,734) (106,020) 785,383 785,383 439 CFD #39M 50,155 21,900 0 (11,366) (15,030) 45,659 45,659 440 CFD #40M 65,106 10,900 0 (1,150) (7,400) 67,456 67,456 441 CFD #41M 117,033 16,000 0 (12,559) (7,110) 113,364 113,364 442 CFD #42M 254,335 45,950 0 (70,774) (5,510) 224,001 224,001 444 CFD #44M 30,494 9,200 0 (6,632) (5,310) 27,752 27,752 445 CFD #45M 360,496 102,600 0 (74,057) (49,300) 339,739 339,739 446 CFD #46M 288,421 50,800 0 (35,681) (20,630) 282,910 282,910 447 CFD #47M 15,132 11,600 0 (9,800) (5,420) 11,512 11,512 448 CFD #48M 406,572 77,200 0 (57,527) (28,180) 398,065 398,065 449 CFD #49M 32,971 13,050 0 (12,455) (5,420) 28,146 28,146 450 CFD #50M 90,290 35,850 0 (15,734) (27,430) 82,976 82,976 451 CFD #51M 148,262 66,700 0 (55,970) (33,690) 125,302 125,302 453 CFD #53M 67,652 9,350 0 (4,220) (4,400) 68,382 68,382 454 CFD #54M 65,361 24,800 0 (15,645) (11,830) 62,686 62,686 455 CFD #55M 51,336 7,400 0 (6,764) (2,600) 49,372 49,372 456 CFD #56M 112,485 27,000 0 (400) (23,600) 115,485 115,485 457 CFD #57M 63,010 14,600 0 (11,189) (5,620) 60,801 60,801 458 CFD #58M 15,388 4,500 0 (1,491) (3,800) 14,597 14,597 459 CFD #59M 5,987 2,400 0 (600) 0 7,787 7,787
460 CFD #60M 81,047 13,200 0 (13,912) (5,010) 75,325 75,325 461 CFD #61M 357,248 56,600 0 (23,367) (31,240) 359,241 359,241 462 CFD #62M 38,422 5,900 0 (2,810) 0 41,512 41,512
463 CFD #63M 498,551 57,750 0 (25,716) (8,410) 522,175 522,175 464 CFD #64M 64,315 5,400 0 0 0 69,715 69,715
465 CFD #65M 180,041 21,400 0 (7,263) (9,820) 184,358 184,358

742
Fourth Quarter Budget Status Report - 2022/2023 City of Fontana July 25, 2023
Unaudited Net Estimated
Fund Balance Proposed Fund Balance
July 1, 2022 Revenues Transfers In Expenditures Transfers Out Available Adjustments June 30, 2023 City of Fontana
Unreserved Fund Balance
Budget
FY 2022/2023
Special Revenue Funds:
467 CFD #67M $179,538 $43,700 $0 ($22,497) ($21,530) $179,211 $179,211 468 CFD #68M 125,525 25,100 0 (16,392) (11,110) 123,123 123,123 469 CFD #69M 613,313 169,700 0 (82,217) (94,140) 606,656 606,656 470 CFD #70M Avellino 231,365 79,200 0 (65,953) (36,140) 208,472 208,472 471 CFD #71M Sierra Crest 362,886 120,400 0 (113,854) (40,860) 328,572 328,572 472 CFD #72M 31,539 11,000 0 (6,054) (5,710) 30,775 30,775 473 CFD #73M 256,726 67,400 0 (31,199) (33,730) 259,197 259,197 474 CFD #74M 386,283 85,900 0 (34,875) (510) 436,798 436,798 475 CFD #75M 52,003 14,450 0 (9,135) (7,800) 49,518 49,518 476 CFD #76M 90,275 34,000 0 (30,356) (13,860) 80,059 80,059 477 CFD #77M 46,059 12,400 0 (6,755) (6,010) 45,694 45,694 478 CFD #78M 194,859 70,400 0 (16,712) (1,020) 247,527 247,527 479 CFD #79M 130,823 21,700 0 (300) 0 152,223 152,223
480 CFD #80M 429,538 215,300 0 (109,599) (110,270) 424,969 424,969 481 CFD #81M 101,521 110,400 0 (70,029) (51,530) 90,362 90,362 482 CFD #82M 110,706 27,200 0 0 0 137,906 137,906
483 CFD #83M 158,057 62,050 0 (32,309) (26,100) 161,698 161,698 484 CFD #84M 34,749 19,250 0 (10,262) (8,710) 35,027 35,027 485 CFD #85 THE MEADOWS 708,173 419,600 0 (289,280) (93,500) 744,993 744,993 486 CFD #86 ETIWANDA RIDGE 179,888 63,800 0 (57,477) (27,560) 158,651 158,651 487 CFD #87 El Paseo 139,236 73,000 0 (13,860) 0 198,376 198,376 488 CFD #88 SIERRA CREST II 208,763 113,400 0 (54,568) (38,000) 229,595 229,595 489 CFD #89 BELROSE 167,659 60,400 0 (19,816) 0 208,243 208,243 490 CFD #90 SUMMIT @ ROSENA PH i 956,798 351,800 0 (168,662) (10,000) 1,129,936 1,129,936 491 CFD #91M 19,537 6,900 0 0 0 26,437 26,437
492 CFD #92M 48,818 16,500 0 0 0 65,318 65,318
493 CFD #93M 32,431 11,000 0 0 0 43,431 43,431
494 CFD #94M 6,155 2,000 0 0 0 8,155 8,155
495 CFD #95 SUMMIT @ ROSENA PH II 405,096 160,600 0 (163,099) (10,000) 392,597 392,597 496 CFD #96M Tr. 19957 21,637 0 0 0 0 21,637 21,637
497 CFD #97M 15,292 5,100 0 0 0 20,392 20,392
498 CFD #98M 11,708 6,000 0 0 0 17,708 17,708
499 CFD #99M 0 0 0 0 0 0 0

743
Fourth Quarter Budget Status Report - 2022/2023 City of Fontana July 25, 2023
Unaudited Net Estimated
Fund Balance Proposed Fund Balance
July 1, 2022 Revenues Transfers In Expenditures Transfers Out Available Adjustments June 30, 2023 City of Fontana
Unreserved Fund Balance
Budget
FY 2022/2023
Special Revenue Funds:
500 CFD #100M $78,458 0 0 (32,960) 0 45,498 45,498
501 CFD #101M 15,366 7,800 0 0 0 23,166 23,166
502 CFD #102M 9,756 5,000 0 0 0 14,756 14,756
503 CFD #103M Estrada 8,578 0 0 0 0 8,578 8,578
504 CFD #104M 13,575 0 0 0 0 13,575 13,575
505 CFD #105M 40,648 0 0 (11,560) 0 29,088 29,088
506 CFD #106M 84,290 0 0 (40,635) 0 43,655 43,655
507 CFD #107M 0 39,911 0 (3,500) 0 36,411 36,411
509 CFD #109M 0 357,160 0 (73,200) 0 283,960 283,960
511 CFD #111M 0 0 0 0 0 0 0
512 CFD #112M 0 0 0 0 0 0 0
$79,733,556 $75,092,686 $1,113,730 ($78,012,935) ($8,778,120) $69,148,918 $4,746,553 $73,895,471 Debt Service Funds:
580 General Debt Service $2 $1,082,510 $2,946,440 ($4,028,950) $0 $2 $166,450 $166,452 $2 $1,082,510 $2,946,440 ($4,028,950) $0 $2 $166,450 $166,452 Capital Project Funds:
601 Capital Reinvestment $331,652 $5,151,000 $9,456,000 ($12,778,675) ($137,000) $2,022,977 $2,022,977 602 Capital Improvements 8,077,985 99,000 0 (7,816,000) (360,980) 5 31,940 31,945 603 Future Capital Projects 6,923,780 180,000 0 75,778 (462,470) 6,717,088 6,717,088 620 San Sevaine Flood Control 1,403,655 737,500 0 (126,580) (13,670) 2,000,905 2,000,905 621 Upper Etiwanda Flood Control 45,558 400 0 0 0 45,958 45,958 622 Storm Drain 14,755,158 3,387,500 0 (1,111,184) (125,460) 16,906,014 (41,740) 16,864,274 623 Sewer Expansion 16,252,254 2,620,000 0 (2,255,000) (120,000) 16,497,254 16,497,254 630 Circulation Mitigation 22,744,402 7,364,500 0 (2,196,662) (185,130) 27,727,110 27,727,110 631 Fire Assessment 242,405 276,300 0 0 (322,890) 195,815 195,815 632 General Government 10,964,240 834,000 0 (120,000) 0 11,678,240 11,678,240 633 Landscape Medians 1,308,032 689,800 0 (1,851,460) (47,840) 98,532 (1,723) 96,809 634 Library Capital Improvement 966,910 403,500 0 0 0 1,370,410 1,370,410 635 Parks Development 16,229,365 2,107,000 0 (6,861,352) (223,690) 11,251,323 11,251,323 636 Police Capital Facilities 2,849,574 673,500 0 148,790 (175,870) 3,495,994 3,495,994 637 Underground Utilities 290,434 67,200 0 0 0 357,634 357,634 650 CFD #2 Village of Heritage 0 0 0 0 0 0 0
651 CFD #3 Hunter's Ridge 0 0 0 0 0 0 0
Total Special Revenue Funds
Total Debt Service Funds

744
Fourth Quarter Budget Status Report - 2022/2023 City of Fontana July 25, 2023
Unaudited Net Estimated
Fund Balance Proposed Fund Balance
July 1, 2022 Revenues Transfers In Expenditures Transfers Out Available Adjustments June 30, 2023 City of Fontana
Unreserved Fund Balance
Budget
FY 2022/2023
Capital Project Funds:
653 CFD #7 Club Estates 5,573 0 0 0 0 5,573 5,573
654 CFD #11 Heritage West 905 0 0 0 0 905 905
655 CFD #12 Sierra Lakes 8,153 0 0 0 0 8,153 8,153
657 CFD #31 Citrus Heights North $2,898,024 100 0 0 0 2,898,124 (82,986) 2,815,138 658 CFD #31 7,333 0 0 0 0 7,333 7,333
659 CFD #70 Avellino 1,176 0 0 0 0 1,176 1,176
660 CFD #71 Sierra Crest 2,619 0 0 0 0 2,619 2,619
661 CFD #80 Bella Strada 7,024 0 0 0 0 7,024 7,024
662 CFD #81 Gabriella 12 0 0 0 0 12 12
663 CFD #74B Citrus/Summit 181,914 0 0 0 0 181,914 181,914 664 CFD #86 Etiwanda Ridge 921,108 0 0 0 0 921,108 921,108 665 CFD #85 The Meadows 5,764 0 0 0 0 5,764 5,764
666 CFD #88 Sierra Crest II 6,585 0 0 0 0 6,585 6,585
667 CFD #89 Belrose 39,001 0 0 0 0 39,001 39,001
668 CFD #90 Summit @ Rosena Ph I 12,240,364 0 0 0 0 12,240,364 (1,079,125) 11,161,239 669 CFD #95 Summit @ Rosena II 8,414,612 0 0 0 0 8,414,612 (71,000) 8,343,612 670 CFD #87 El Paseo 1,626,406 0 0 0 0 1,626,406 1,626,406 671 CFD #106 Mountain View 0 0 0 0 0 0 2,175,797 2,175,797 $129,751,977 $24,591,300 $9,456,000 ($34,892,345) ($2,175,000) $126,731,932 $931,163 $127,663,095 Enterprise Funds:
701 Sewer Maintenance & Operations $6,500,751 $23,786,500 $0 ($24,216,404) ($3,218,990) $2,851,857 $2,851,857 702 Sewer Capital Projects 1,405,144 238,500 502,240 (255,050) (9,280) 1,881,554 1,881,554 703 Sewer Replacement 4,253,440 1,118,000 0 (2,101,110) (933,230) 2,337,100 2,337,100 710 Water Utility 686,839 4,700 0 0 0 691,539 691,539
$12,846,174 $25,147,700 $502,240 ($26,572,564) ($4,161,500) $7,762,050 $0 $7,762,050 Internal Service Fund:
751 FLEET OPERATIONS $12,095,672 $8,505,020 $2,475,650 ($12,800,603) $0 $10,275,739 $0 $10,275,739 TOTAL ALL FUNDS $272,246,730 $143,848,656 $32,837,440 ($178,885,027) ($18,264,620) $251,783,180 $5,843,658 $257,626,838 (20,463,550)
Total Transfers Including General Fund $44,450,950 ($44,450,950) Total Capital Project Funds
Total Enterprise Funds

745
Fourth Quarter Budget Status Report - 2022/2023 City of Fontana July 25 , 2023
Budget Unit Transfers Transfers
Project # Dept Description Account Description Appropriations Revenues In Out FB Impact Reason 101 General Fund (2,931,440) 153,610 0 0 3,085,050
Revenue adjustments:
10128000 FN Management Services 6316 Interest - Lease Cell Tower 146,030 146,030 Budget Lease Revenues Offsetting adjustments:
10130103 DS Cannabis Business 8130 Other Professional Svcs 77,550 (77,550) } 10132200 BS Plan Check Services 8130 Other Professional Svcs (77,550) 77,550 } 10130103 DS Cannabis Business 5240 Permit - Misc 241,103 241,103 } 10134100 PL Planning 5240 Permit - Misc (240,700) (240,700) } 10134100 PL Planning 5630 Fee - Microfilming (403) (403) } 10140200 PD Field Services-Admin 6450 Miscellaneous Income 7,580 7,580 } 10140235 PD Shooting Range 8013 Equip (Non-Comp) <$5000 7,580 (7,580) } New requests (one-time):

Various CA Various 7901 Intrafund Transfer-Salaries (42,960) 42,960 } 10115000 HR HR Administration 7901 Intrafund Transfer-Salaries (86,140) 86,140 } Various FN Various 7901 Intrafund Transfer-Salaries (275,630) 275,630 } 10130000 DS Development Svc Admin 7901 Intrafund Transfer-Salaries (37,830) 37,830 } Various BS Various 7901 Intrafund Transfer-Salaries (197,940) 197,940 } 10136004 EN Land Development 7901 Intrafund Transfer-Salaries (180,920) 180,920 } Various PD Various 7901 Intrafund Transfer-Salaries (2,177,600) 2,177,600 } 10134100 PL Planning 8110 Legal Services 60,000 (60,000) Additional legal services funds through June 30, 2023 Decrease GF to Reflect Fund #302 ARPA Budget
Commercial Cannabis Business Applications CBP23-
001 thru CBP23-013
Metal/gun Recycling Revenue To Offset Equipment
Maintenance, Specialized Trainings
City of Fontana
Recommended Adjustments
FY 2022/2023

746
Fourth Quarter Budget Status Report - 2022/2023 City of Fontana July 25, 2023
Budget Unit Transfers Transfers
Project # Dept Description Account Description Appropriations Revenues In Out FB Impact Reason 102 City Technology 306,070 0 306,070 0 0
26101023-102-A IT Sales Force 311 System 6900 Operating Transfers In 306,070 306,070 } 26101023-102-A IT Sales Force 311 System 8130 Other Professional Svcs 306,070 (306,070) } 108 Supplemental Retirement 508 0 0 0 (508)
10815103 HR Supplemental Retirement 7022 Supplemental Retirement 508 (508) Supplemental Retirement Fee Cleanup 223 Federal Asset Seizure 0 4,800,000 0 0 4,800,000
22340373 PD Federal Seizures 6019 Seizures - Federal 4,800,000 4,800,000 Federal Asset Seizure Revenue To Reflect Actuals 301 Grants (3,125,000) (3,125,000) 0 0 0
38200002-301-A PW Jack Bulik Park 5390 Misc Grant Reimb (1,545,000) (1,545,000) } 38200006-301-B PW Jack Bulik Park 8313 Structures (60,000) 60,000 } 38200006-301-C PW Jack Bulik Park 8313 Structures (41,700) 41,700 } 38200006-301-D PW Jack Bulik Park 8313 Structures (1,043,300) 1,043,300 } 38200006-301-E PW Jack Bulik Park 8313 Structures (400,000) 400,000 } 38200007-301-A PW Veterans Park Improvement 5390 Misc Grant Reimb (530,000) (530,000) } 38200007-301-B PW Veterans Park Improvement 8313 Structures (494,270) 494,270 } 38200007-301-C PW Veterans Park Improvement 8313 Structures (35,730) 35,730 } 38300002-301-A PW Center Stage Theater Renovation 5390 Misc Grant Reimb (300,000) (300,000) } 38300002-301-B PW Center Stage Theater Renovation 8313 Structures (50,000) 50,000 } 38300002-301-C PW Center Stage Theater Renovation 8313 Structures (50,000) 50,000 } 38300002-301-D PW Center Stage Theater Renovation 8313 Structures (200,000) 200,000 } 38300003-301-A PW Cypress-Knopf Facility Improvements 5390 Misc Grant Reimb (750,000) (750,000) } 38300003-301-B PW Cypress-Knopf Facility Improvements 8313 Structures (45,000) 45,000 } 38300003-301-C PW Cypress-Knopf Facility Improvements 8313 Structures (75,000) 75,000 } 38300003-301-D PW Cypress-Knopf Facility Improvements 8313 Structures (125,000) 125,000 } 38300003-301-E PW Cypress-Knopf Facility Improvements 8313 Structures (128,000) 128,000 } 38300003-301-F PW Cypress-Knopf Facility Improvements 8313 Structures (62,000) 62,000 } 38300003-301-G PW Cypress-Knopf Facility Improvements 8313 Structures (135,000) 135,000 } 38300003-301-H PW Cypress-Knopf Facility Improvements 8313 Structures (180,000) 180,000 } City of Fontana
Recommended Adjustments
FY 2022/2023
Fund #601 reimbursement to Fund #636
Xfer County ARPA Funds
from Fund #301 to Fund #304

747
Fourth Quarter Budget Status Report - 2022/2023 City of Fontana July 25, 2023
Budget Unit Transfers Transfers
Project # Dept Description Account Description Appropriations Revenues In Out FB Impact Reason City of Fontana
Recommended Adjustments
FY 2022/2023
304 ARPA - County 3,125,000 3,125,000 0 0 0
38200002-304-A PW Jack Bulik Park 5390 Misc Grant Reimb 1,545,000 1,545,000 } 38200003-304-D PW Cypress-Knopf Facility Improvements 8313 Structures 125,000 (125,000) } 38200006-304-B PW Jack Bulik Park 8313 Structures 60,000 (60,000) } 38200006-304-C PW Jack Bulik Park 8313 Structures 41,700 (41,700) } 38200006-304-D PW Jack Bulik Park 8313 Structures 1,043,300 (1,043,300) } 38200006-304-E PW Jack Bulik Park 8313 Structures 400,000 (400,000) } 38200007-304-A PW Veterans Park Improvement 5390 Misc Grant Reimb 530,000 530,000 } 38200007-304-B PW Veterans Park Improvement 8313 Structures 494,270 (494,270) } 38200007-304-C PW Veterans Park Improvement 8313 Structures 35,730 (35,730) } 38300002-304-A PW Center Stage Theater Renovation 5390 Misc Grant Reimb 300,000 300,000 } 38300002-304-B PW Center Stage Theater Renovation 8313 Structures 50,000 (50,000) } 38300002-304-C PW Center Stage Theater Renovation 8313 Structures 50,000 (50,000) } 38300002-304-D PW Center Stage Theater Renovation 8313 Structures 200,000 (200,000) } 38300003-304-A PW Cypress-Knopf Facility Improvements 5390 Misc Grant Reimb 750,000 750,000 } 38300003-304-B PW Cypress-Knopf Facility Improvements 8313 Structures 45,000 (45,000) } 38300003-304-C PW Cypress-Knopf Facility Improvements 8313 Structures 75,000 (75,000) } 38300003-304-E PW Cypress-Knopf Facility Improvements 8313 Structures 128,000 (128,000) } 38300003-304-F PW Cypress-Knopf Facility Improvements 8313 Structures 62,000 (62,000) } 38300003-304-G PW Cypress-Knopf Facility Improvements 8313 Structures 135,000 (135,000) } 38300003-304-H PW Cypress-Knopf Facility Improvements 8313 Structures 180,000 (180,000) } 321 Fed Law Enf Block Grant 53,400 0 0 0 (53,400)
04020003-321-A PD 2020 COPS Grant - Officer #1 4,870 (4,870) } 04020004-321-A PD 2020 COPS Grant - Officer #2 14,230 (14,230) } 04020005-321-A PD 2020 COPS Grant - Officer #3 14,660 (14,660) } 04020006-321-A PD 2020 COPS Grant - Officer #4 8,880 (8,880) } 04020007-321-A PD 2020 COPS Grant - Officer #5 10,760 (10,760) } Various Personnel Accounts
Various Personnel Accounts
Various Personnel Accounts
Various Personnel Accounts
Various Personnel Accounts
Xfer County ARPA Funds
from Fund #301 to Fund #304
Increase Fund #321 to cover actual salary charges
accrued in FY22-23

748
Fourth Quarter Budget Status Report - 2022/2023 City of Fontana July 25, 2023
Budget Unit Transfers Transfers
Project # Dept Description Account Description Appropriations Revenues In Out FB Impact Reason City of Fontana
Recommended Adjustments
FY 2022/2023
362 CDBG 68,310 69,940 0 0 1,630
36220207 AS Emergency Solutions Grant 8220 Risk Liability (1,630) 1,630 Move Risk Budget To Low/Mod (29730200) 30200001-362-A DS CDBG Admin Prog Income 5338 Program Income 69,940 69,940 } 30200001-362-A DS CDBG Admin Prog Income 5338 Program Income (69,940) (69,940) } 30200002-362-C DS CDBG Acq/Rehab/Rental 5328 CDBG Grant Reimbursement (22,443) (22,443) } 30200002-362-C DS CDBG Acq/Rehab/Rental 5338 Program Income 22,443 22,443 } 30200004-362-E DS Housing Rehab Loan Program 5328 CDBG Grant Reimbursement (47,497) (47,497) } 30200004-362-E DS Housing Rehab Loan Program 5338 Program Income 47,497 47,497 } 30200003-362-A DS CDBG Project TBD 5328 CDBG Grant Reimbursement 69,940 69,940 } 30200003-362-A DS CDBG Project TBD 8329 Other Construction 69,940 (69,940) } 30200010-362-A DS CDBG-CV Administration 53,200 (53,200) } Payroll Cleanup From Low/Mod, CDBG Admin, ESG Admin, ESG-CV1 , Home Admin
30200010-362-A DS CDBG-CV Administration 8130 Other Professional Svcs (53,200) 53,200 } Decrease EXP To Match CDBG-CV Admin 30200011-362-A DS CDBG Housing Admin (19,900) 19,900 } Payroll Cleanup To CDBG-CV Admin (30200010) 30200011-362-A DS CDBG Housing Admin 8130 Other Professional Svcs 19,900 (19,900) } Increase EXP to Match CDBG Admin Allocation 30200011-362-A DS CDBG Housing Admin (2,800) 2,800 } Payroll Cleanup To HOME-ARP (03020004) 30200011-362-A DS CDBG Housing Admin 8130 Other Professional Svcs 2,800 (2,800) } Increase EXP to Match CDBG Admin Allocation 30200011-362-A DS CDBG Housing Admin 7017 Cafeteria Plan (2,000) 2,000 } Payroll Cleanup To PLHA Admin (30200009) 30200011-362-A DS CDBG Housing Admin 8130 Other Professional Svcs 2,000 (2,000) } Increase EXP to Match CDBG Admin Allocation 30200011-362-A DS CDBG Housing Admin 7020 Worker's Comp (150) 150 } Payroll Cleanup To ESG-CV Project (30200014) 30200011-362-A DS CDBG Housing Admin 8130 Other Professional Svcs 150 (150) } Increase EXP to Match CDBG Admin Allocation 30200011-362-A DS CDBG Housing Admin 7010 Full-Time Employees 20,000 (20,000) } Payroll Cleanup From Low/Mod (29730200) 30200011-362-A DS CDBG Housing Admin 8130 Other Professional Svcs (20,000) 20,000 } Decrease EXP To Match CDBG Admin Allocation 30200012-362-A DS Emergency Solutions Grant 7017 Cafeteria Plan (100) 100 } Payroll Cleanup To HOME Project (30200017) 30200012-362-A DS Emergency Solutions Grant 8130 Other Professional Svcs 100 (100) } Increase EXP To Match ESG Admin Allocation 30200012-362-A DS Emergency Solutions Grant 7020 Worker's Comp (150) 150 } Payroll Cleanup To ESG-CV Project (30200014) 30200012-362-A DS Emergency Solutions Grant 8130 Other Professional Svcs 150 (150) } Increase EXP To Match ESG Admin Allocation 30200012-362-A DS Emergency Solutions Grant 8130 Other Professional Svcs 2,500 (2,500) } Increase EXP To Match ESG Allocation 30200012-362-A DS Emergency Solutions Grant 7017 Cafeteria Plan (2,500) 2,500 } Payroll Cleanup To CDBG-CV Admin (30200010) 30200014-362-A DS ESG-CV1 8,500 (8,500) } Payroll Cleanup From Low/Mod, CDBG Admin, ESG Admin
30200015-362-A DS ESG-CV2 8119 Construction-Non-Capital (8,500) 8,500 } Decrease EXP To Match ESG-CV1/CV2 Allocation 30200014-362-A DS ESG-CV1 7017 Cafeteria Plan (1,000) 1,000 } Payroll Cleanup To CDBG-CV Admin (30200010) 30200015-362-A DS ESG-CV2 8130 Other Professional Svcs 1,000 (1,000) } Increase EXP To Match ESG-CV1/CV2 Allocation Move PI From CDBG Grand Reimbursement To
Program Income
Increase CBDG TBD Budget To Match HUD Allocation
Increase PI To Reflect New Revenue Projections
Various Personnel Accounts
Various Personnel Accounts
Various Personnel Accounts
Various Personnel Accounts

749
Fourth Quarter Budget Status Report - 2022/2023 City of Fontana July 25, 2023
Budget Unit Transfers Transfers
Project # Dept Description Account Description Appropriations Revenues In Out FB Impact Reason City of Fontana
Recommended Adjustments
FY 2022/2023
363 Home Program 1,677 0 0 0 (1,677)
03020004-363-A DS HOME-ARP TBD 27,900 (27,900) } Payroll Cleanup From Low/Mod (29730200), HOME Admin (30200017), CDBG Admin (30200011)
03020004-363-A DS HOME-ARP TBD 8310 Land (27,900) 27,900 } Decrease EXP To Match HOME-ARP Allocation 30200006-363-A DS Home Project TBD 5338 Program Income 1,677 1,677 } 30200006-363-A DS Home Project TBD 8130 Other Professional Svcs 1,677 (1,677) } 30200017-363-A DS Home Program 5338 Program Income (1,677) (1,677) } 30200017-363-A DS Home Program 8,100 (8,100) } Payroll Cleanup From Low/Mod (29730200) 30200017-363-A DS Home Program 8130 Other Professional Svcs (8,100) 8,100 } Decrease EXPs to Match HOME Admin 30200017-363-A DS Home Program 7015 PERS Retirement-F/T (4,550) 4,550 } Payroll Cleanup To HOME-ARP Project (03020004) 30200017-363-A DS Home Program 8130 Other Professional Svcs 4,550 (4,550) } Increase EXP To Match HOME Admin Allocation 30200017-363-A DS Home Program 7020 Worker's Comp (200) 200 } Payroll Cleanup To Cdbg-Cv Admin Project (30200010 30200017-363-A DS Home Program 8130 Other Professional Svcs 200 (200) } Increase EXP To Match HOME Allocation 580 General Debt Service 0 166,450 0 0 166,450
58028200 FN General Debt Service 6835 Contribution From FFD 166,450 166,450 Increase LRB21 To Match current budget 601 Capital Reinvestment 1,473,494 0 1,473,494 0 0
26101022-601-A IT Permit System 6900 Operating Transfers In 1,473,494 1,473,494 } 26101022-601-A IT Permit System 8130 Other Professional Svcs 1,473,494 (1,473,494) } 602 Capital Improvements 0 31,940 0 0 31,940
60230000 DS Special Projects 6623 Proceeds - Properties 31,940 31,940 Recognise revenue received from the sale of surplus properties
622 Storm Drain 41,740 0 0 0 (41,740)
36000063-622-A EN Courtplace 8329 Other Construction 41,740 (41,740) Correct Q3 request To Allocate Full $500,000 633 Landscape Improvements 1,723 0 0 0 (1,723)
36000004-633-A EN Sierra Crest Landscape Project 1,723 (1,723) Payroll cleanup Sierra Crest Landscape Project 636 Police Capital Facilities 24,342 0 24,342 0 0
36000021-636-A EN PD Fence on Seville Ave. 6900 Operating Transfers In 24,342 24,342 } 36000021-636-A EN PD Fence on Seville Ave. 8113 Design/Architect Service 22,192 (22,192) } 36000021-636-A EN PD Fence on Seville Ave. 8118 Environmental Services 50 (50) } 36000021-636-A EN PD Fence on Seville Ave. 8130 Other Professional Svcs 2,100 (2,100) } Appropriate Program Income to HOME Project TBD
Various Personnel Accounts
Various Personnel Accounts
Fund #302 reimbursement to Fund #601
Fund #601 reimbursement to Fund #636
Various Personnel Accounts

750
Fourth Quarter Budget Status Report - 2022/2023 City of Fontana July 25, 2023
Budget Unit Transfers Transfers
Project # Dept Description Account Description Appropriations Revenues In Out FB Impact Reason City of Fontana
Recommended Adjustments
FY 2022/2023
657 CFD #31 Citrus Heights North 82,986 0 0 0 (82,986)
65736000 EN CFD #31 Citrus Heights North 8330 Construction Contracts 82,986 (82,986) } Record bond proceeds in CFD #37 668 CFD #90 Summit @ Rosena PhI 1,079,125 0 0 0 (1,079,125) 66836000 EN CFD #90 Summit @ Rosena Ph I 8320 Capital Acquisition 1,079,125 (1,079,125) Record bond proceeds in CFD #90 669 CFD #95 Summit @ Rosena II 71,000 0 0 0 (71,000)
66936000 EN CFD #95 Summit at Rosena II 8721 Costs Of Issuance 71,000 (71,000) Record bond proceeds in CFD #95 671 CFD #106 Mountain View 2,116,150 6,648,860 0 2,356,913 2,175,797 67136000 EN CFD#106 Mountain View 6210 Assessment/Special Tax 46992 46,992 } 67136000 EN CFD#106 Mountain View 6311 Interest - Fiscal Agent 163 163 } 67136000 EN CFD#106 Mountain View 6810 Bond Proceeds 6498160 6,498,160 } 67136000 EN CFD#106 Mountain View 6811 Bond Premium 103545 103,545 } 67136000 EN CFD#106 Mountain View 8320 Capital Acquisition 1778726 (1,778,726) } 67136000 EN CFD#106 Mountain View 8721 Costs Of Issuance 337,424 (337,424) } 67136000 EN CFD#106 Mountain View 8790 Operating Transfer Out 2,356,913 (2,356,913) } Record bond proceeds in CFD #106

751
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2372 Agenda Date: 7/25/2023
Agenda #: AN. Category: Consent Calendar
FROM:

City Manager's Office
SUBJECT:

Approve contract adjustment for federal lobbying services with Smith, Dawson & Andrews (SDA).

RECOMMENDATION:

Authorize the city manager to execute a contract agreement between the City of Fontana and Smith, Dawson & Andrews to continue services in support of the city’s Washington, DC legislative initiatives in an amount not to exceed $6,500 per month.

COUNCIL GOALS:
· Concentrate on Inter-governmental relations by pursuing financial participation from county, state and federal governments.
· Concentrate on Inter-governmental relations by advocating Fontana's position in regional, state, and federal organizations.

DISCUSSION:

The City of Fontana has been an SDA client since 1997. In July of 2018, SDA received a service fee increase of $600 for a total of $5,600 per month. Currently, SDA is requesting a service fee increase of $900 per month. With approval of this increase, SDA’s service fee will increase from $5,600 to $6,500 per month. According to the U.S. Bureau of Labor Statistics, the total inflation rate from December 2018 to January 2023 is 19.08%. This new service fee is less than a standard Cost of Living Adjustment of 3% over a 5-year time period. It has been approximately six (6) years since SDA’s service fee was increased. During this time, SDA has been instrumental in helping the city secure millions in federal legislative and grant funding.

FISCAL IMPACT:

The estimated additional cost of this contract is approximately $10,800. These funds are not allocated in the Fiscal Year 2023/2024 budget but a request for the re-occurring additional funds will be requested at the next budget quarterly report. Funding will be taken from the City Administration Budget.

MOTION:

Mayor and City Council approve staff recommendation
City of Fontana Page 1 of 1 Printed on 7/20/2023
powered by Legistar™752
1 16498.00150\32126437.1

CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT
CM-24-17-MS
This Agreement is made and entered into as of July 25, 2023 by and between the City of Fontana, a public agency organized and operating under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (“City”), and Smith Dawson & Andrews, a corporation with its principal place of business at 1150 Connecticut Avenue, NW, Suite 730, Washington, DC 20036 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Lobbyist Service (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.

In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $6,500.00 per month [Six Thousand Five Hundred Dollars and No Cents]. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 753
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4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Time of Performance.

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without 754
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legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. 755
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(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
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Employer’s Liability $1,000,000 per accident or disease (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. e. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
f. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 757
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(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
g. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
h. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
i. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
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12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 759
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c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Reserved.

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 760
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19. Organization
Consultant shall assign _________________________ as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Robert Torres
CONSULTANT:

Smith, Dawson & Andrews
1150 Connecticut Avenue NW Suite 730
Washington, DC 20036
Attn:
and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 761
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25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.

28. Time of Essence
Time is of the essence for each and every provision of this Agreement.

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

CITY OF FONTANA
By:

Matthew C. Ballantyne
City Manager

SMITH DAWSON & ANDREWS
By:

Attest:

By:

Germaine McClellan Key
City Clerk
Approved as to form:

Best Best & Krieger LLP
City Attorney

IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
By: ______________________________
Rakesha Thomas
Human Resources & Risk Management Director

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES ___________________________________
Chief Financial Officer

Purchasing Manager
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EXHIBIT A
Scope of Services
SERVICES Smith, Dawson & Andrews (hereinafter referred to as " SDA" ) will devote its best efforts to work with the City of Fontana (hereinafter referred to as " the City" ) in support of its Washington, DC legislative initiatives before Congress and the Executive Branch agencies. Under the· direction of the City Manager, SDA will work cooperatively with city departments and other appropriate individuals to help identify, prioritize, prepare supporting documentation, and advocate programs which may be eligible for federal earmark appropriations, discretionary funding and/or grant programs. Programs and issues include but are not limited to:
transit/transportation; housing; community/economic development; the environment; public safety and other issues agreed to by the City and SDA·. In addition, SDA will arrange meetings, as necessary, for City representatives with appropriate _department, agency and congressional personnel. SDA will also monitor available resources to identify federal programs, grants and other potential funding sources for the City.
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EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.

EXPENSES Out-of-pocket expenditures shall be billed separately and " at cost". These include but are not limited to the following: photocopying, postage, and long· distance telephone, " overnight deli very" , facsimile transmissions, article reprints, travel, hotel, meals, rental automobiles, and mileage. Reimbursements shall be made within thirty (30) days of the date a statement is rendered to the client. Unpaid statements after that time will be subject to a one and one-half percent service charge. Expenses which total more than $300 to any one vendor within a thirty (30) day period shall not be incurred unless approved in advance by a designated representative of the client.
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2377 Agenda Date: 7/25/2023
Agenda #: AO. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Title
Approve Amendment No. 2 to the Professional Services Agreement (MS-78-DS-23) for Branding, Marketing and Photography Services (Stage Red).

End
RECOMMENDATION:

Recommendation

1. Approve and authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement (MS-78-DS-23) with Meat and Potatoes, Inc as the exclusive agent for Branding, Marketing and Photography services for the renovation of stage RED in the amount of $70,600 for a total contract amount of $170,500.

2. Approve and authorize the City Manager to execute any future amendments to the agreement.

End
COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the city's infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.

DISCUSSION:

The City of Fontana has undertaken an expansive and comprehensive revitalization of Downtown Fontana. The specific geographic area to be targeted includes Upland Avenue to the North, Orange Avenue to the South, Mango Ave to the East and Juniper Ave to the West. A primary component of this revitalization effort will be creating an entertainment district as a draw for consumers to enjoy as they discover the new downtown area. Stage Red is the keystone to the creation of this new entertainment district for the city.

In October 2022, Council approved the agreement for naming rights of Center Stage Theater with Sammy Hagar. As a condition of the naming rights agreement with Mr. Hagar, Meat and Potatoes, Inc. was named exclusive agent for the purpose of approving the use of Artist’s image and likeness.

City entered into an agreement with Meat and Potatoes, Inc. in October 2022 for $97,500.00, as City of Fontana Page 1 of 2 Printed on 7/19/2023
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File #: 21-2377 Agenda Date: 7/25/2023
Agenda #: AO. Category: Consent Calendar
City entered into an agreement with Meat and Potatoes, Inc. in October 2022 for $97,500.00, as outlined in the Naming Rights Agreement. Amendment No. 1 was issued in January 2023 for $2,400.00 to provide lighting, sound, backstage and layout design recommendations for the new Stage RED.

Meat and Potatoes is working with city staff and Mr. Hagar, have designed a space that is not only unique to the region, but it will also be one its kind in the Western United States.

This amendment will authorize the preparation of additional marketing decks for the facility as well as photography for the venue and marketing of the venue to potential performers.

FISCAL IMPACT:

The Fiscal Impact associated with the approval of this item is $70,600, which is included in the FY 2023/24 budget. Costs will be funded by Fund 601 - Capital Reinvestment, project # 38300002 - Center Stage Theater Renovation.

MOTION:

Approve staff recommendation
City of Fontana Page 2 of 2 Printed on 7/19/2023
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AMENDMENT NO. 2
TO THE PROFESSIONAL SEVICES AGREEMENT MS-78-DS-23

BETWEEN

THE CITY OF FONTANA
AND
MEAT AND POTATOES, INC.

1. Parties and Date.

This Amendment No. 2 to the Professional Services Agreement MS-78-DS-23 is made and entered into as of this 25th day of July, 2023, by and between the City of Fontana (“City”) and Meat and Potatoes, Inc., a corporation with its principal place of business at 4400W. Riverside Drive, Suite 110-788, Burbank, California 91505 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Consultant. The City and Consultant have entered into an agreement entitled “Professional Services Agreement MS-78-DS-23” dated October 17, 2022 (“Agreement”) for the purpose of retaining the services of Consultant to provide Center Stage Theatre Re-Branding.

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to add to the scope of services, and increase the not-to exceed compensation amount. The Parties have hereto entered into that Amendment No. 1 dated January 12, 2023.

2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3 of the Agreement.

3. Terms.

3.1 Amendment. Section 1 of the Agreement is hereby added to the Scope of Services of the Agreement attached hereto Exhibit “A.”

3.2 Amendment. Section 2 (b.) of the Agreement is hereby increased $70,600.00 attached hereto Exhibit “A.” In no event shall the total amount paid for services rendered by Consultant under the Agreement exceed the sum of $170,500.00.

3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the 768

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parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

3.5 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
[Signatures on Next Page]
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SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT MS-78-DS-23

CITY OF FONTANA
By:

Matthew C. Ballantyne
City Manager
MEAT AND POTATOES, INC.

By:

Attest:

By:

Germaine McClellan Key
City Clerk
By:

Phillip Burum
Deputy City Manager
Approved as to form:

Best Best & Krieger LLP
City Attorney

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES ___________________________________
Jessica Brown
Chief Financial Officer
Purchasing Office
770
Signature Page
MEAT AND POTATOES – CITY OF FONTANA

CENTER STAGE THEATRE RE-BRANDING PROJECT

CHANGE ORDER REQUEST

06.27.23 OVERVIEW:

Meat and Potatoes will hire photographers to create high quality imagery for the purpose of promoting the venue. These images are necessary for the success of booking the venue with top-tier talent, and for establishing a ‘best in class’ reputation for the venue. All imagery will be used in sales/promo decks to managers/artists/agents for booking, as well as PR, website and social media use. All decks will be updated after each photoshoot and re-circulated to necessary parties for promotion.

The photographers we will be hiring are experts in their field, and we are confident that the quality imagery they will capture/create, with our Art Direction, is necessary to ensure this new remodel/redesign is expressed in the best possible manner for the success of the venue.

Architectural photography:

A 2-day shoot will document the new design of the space without any people in the photographs. This will take place upon completion of construction and prior to opening to the public.

Details: The F&B operator will need to stock all bars for photo purposes. Merchandise will need to be in-stock and available for props in the lobby merchandise area. Some minor lane closure will need to happen for photographing the exterior of the building. M+P will coordinate the shoot with the city, photographer’s representative, and vendor/operator to assure the conditions and appearance of the venue is perfect for the photoshoot.

Concert/crowd/venue photography:

Upon the soft opening of the venue, M+P will have a photographer on-site to capture imagery of crowds in the space and an artist performing on stage. We suggest a more creative approach to crowd photography (long exposure for blurred faces, etc.) to create the energy and vibe of a ‘happening place.’
Concert photography for Sammy Hagar opening night:

The evening of Sammy Hagar’s performance for the opening night, M+P will have a photographer onsite to capture the event, live on stage and backstage (this excludes red carpet photography, that will most likely be a PR arrangement with immediate WireImage posting for media).

Budgets: Photoshoots for web content, sales/promo decks and social usage:

Architectural Photoshoot:

Art direction $5,500 including overnight expenses (2 day shoot) Architectural photographer shoot & expenses: $35k (2 day shoot - 22 final retouched images unlimited use. Photographer retains rights to shoot. Additional retouched images $800 per retouched image - we will not need more than the original 22.)
Concert/crowd/venue photography for soft opening show:

Live photoshoot art direction $1,800
Live photographer fees $4,500 (full buyout)
Concert photography for Sammy Hagar opening night:

Live photoshoot art direction $1,800
Live photographer fees $4,500 (full buyout)
Sales decks:
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Signature Page
Design updates after each photoshoot is completed (2) $7,500 Additional: Live photo retouching, additional signage/mural/memorabilia sign design needs beyond original scope, etc.: $10,000
-------------
Total $70,600
Meat and Potatoes will submit invoices in addition to our original contract for these photoshoots and expenses. M+P will only bill the city of Fontana the exact amounts for invoices we receive for photography and include original invoices with any change order billing. If any photoshoot requires an overage charge for any reason, M+P will inform the city of Fontana prior to billing.

IN WITNESS WHEREOF, the Parties hereto, by their duly authorized representatives, have executed this Agreement as of the Effective Date.

Meat and Potatoes, Inc.
772
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CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT
MS-78-DS-23
This Agreement is made and entered into as of October 17, 2022 by and between the City of Fontana, a public agency organized and operating under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (“City”), and Meat and Potatoes, Inc., a Corporation with its principal place of business at 4400 W. Riverside Drive, Suite 110-788, Burbank, California 91505 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Center Stage Theatre Re-Branding Project (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $97,500.00. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed.

Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or DocuSign Envelope ID: 17147379-1384-4907-919E-602A321FC5C0 773
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the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Time of Performance.

The term of this Agreement shall be from November 1, 2022 to May 31, 2023, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”).

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

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8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
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(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.

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d. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. e. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
f. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced DocuSign Envelope ID: 17147379-1384-4907-919E-602A321FC5C0 777
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past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
g. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
h. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.

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i. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

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b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Reserved.

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.

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b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Todd Gallopo as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Phillip Burum
[email protected]
CONSULTANT:

Meat and Potatoes, Inc.
4400 W Riverside Dr, Ste 110-788
Burbank, California 91505
Attn: Todd Gallopo
[email protected]
and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.

28. Time of Essence
Time is of the essence for each and every provision of this Agreement.

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 17147379-1384-4907-919E-602A321FC5C0 782
11 16498.00150\32126437.1

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

CITY OF FONTANA
By:

Matthew C. Ballantyne
City Manager
MEAT AND POTATOES, INC.

By:

Attest:

By:

Germaine McClellan Key
City Clerk
By:

Phillip Burum
Deputy City Manager
Approved as to form:

Best Best & Krieger LLP
City Attorney

IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
By: ______________________________
Rakesha Thomas
Human Resources & Risk Management Director

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES ___________________________________
Jessica Brown
Chief Financial Officer

Purchasing Office
DocuSign Envelope ID: 17147379-1384-4907-919E-602A321FC5C0 783
12 16498.00150\32126437.1

EXHIBIT A
Scope of Services
OVERVIEW:

Agent will provide creative direction, consulting and design services and work with the City to re-brand the Center Stage Theatre into a modern music venue. Agent will provide the following scope of services.

SCOPE:

Phase 1: Brand development
Agent will begin with a kick-off meeting to download all pertinent information and ideation from the Artist and City, as well as an on-site visit to review the venue, the surrounding town, and all new technology/lighting/sound upgrades that will be made to the venue. This is a key part of the re-branding development phase that helps visualize possible brand directions and how our brand will connect with the community and artists alike. As Agent develops a venue name and design style, Agent will work alongside the interior designer/architect to establish consistency in design from brand through the interior and consumer experience.

NAMING
Agent will propose naming options that incorporate Artist, his brand essence, etc., in order to position the new venue brand as a relevant and modern entertainment venue with local roots.

BRAND/VENUE STORY
The written concept / brand story will give dimension to the new brand vibe / voice and how it will connect the community and artists.

CONSUMER EXPERIENCE
The intended consumer and artist experience will be outlined early in the re-brand development phase to be used as a guide for everything from brand design to interior design, etc. Developing these experience guidelines help shape the style and design moving forward.

Phase 2: Brand Design
After the venue name has been legally cleared and approved by the City of Fontana, Logo/Wordmark Design phase will begin.

LOGO DESIGN
Agent will provide 3-5 initial logo designs in black and white, with 3 rounds of changes to arrive at the final design. Then a color palette will be developed.

DocuSign Envelope ID: 17147379-1384-4907-919E-602A321FC5C0 784
13 16498.00150\32126437.1

LOGO STYLE GUIDE
Logo usage guidelines, color palette, supporting typeface styles, etc. will be included in a document that represents the “true north” moving forward to keep the visual look of the brand consistent. This guide is useful for the design of all collateral, website, merchandise, etc.

SIGNAGE PACKAGE
Agent will create the on-property signage package for the venue, including a new marquee sign and wayfinding signage package. We will also assess the external lighting on the venue to consult on aesthetics and if additional accent signage would be necessary for the venue. If so, we will design accordingly. M+P will work with the client’s preferred signage vendor for collaboration on signage materials, installation options, concerns & locations. M+P will travel to location for a walkthrough of the property and plot signage locations. If necessary, technical plans and permits will need to be handled by signage vendor. Note: M+P will need any area renderings and/or plan drawings developed by the architectural firm.

Phase 3: Brand Finalization
Agent will complete the branding package by designing materials to set the venue and the booking/sales/promotion team up for success. These materials include, but are not limited to the following:

BRAND GUIDE
A multi-page document will be developed that includes brand story, consumer experience, artist experience, brand pillars, final logo, color palette, additional brand design elements, supporting typefaces, etc.

COLLATERAL
Agent will design supporting collateral for the venue: Business cards, letterhead, email signature.

ARTIST BOOKING DECK
Agent will develop a several page deck to be used as a tool for soliciting artists/talent/management/agents. This will outline, in general terms, the venue specifications, technology, F&B, and artist experience.

SALES DECK
Agent will develop a several page deck to be used as a tool for soliciting private and corporate events. Different from the artist deck, this will outline, in more detailed terms, the venue specifications, technology, F&B and consumer experience.

DocuSign Envelope ID: 17147379-1384-4907-919E-602A321FC5C0 785
14 16498.00150\32126437.1

VENUE CALENDAR/AD TEMPLATE
Agent will develop an ad template in several sizes/dimensions for print publications and social media (Facebook & Instagram). In future, these files can be easily updated by the theatre’s inhouse designer to maintain the brand look and feel.

Ongoing obligations:

CONSULTING/PROJECT MANAGEMENT
Agent will work directly with the interior designer/architect to develop a balanced re-design of the environment to achieve the desired consumer experience.

Additionally, Agent will work with all vendors involved in the new venue.

SCOPE HEREIN INCLUDES:
- Creative Direction & Design
- Project management
- Strategic input / Consulting
- 3 rounds of revision per concept, per phase
- Printing/production consultation
- Manufacturing of signage
- Printing of band guide, collateral or sales decks
-
SCOPE HEREIN DOES NOT INCLUDE:
- Stock imagery
- Photoshoots of completed space or of imagery needed for decks. - Travel costs
- Cost or management of legal clearances
DocuSign Envelope ID: 17147379-1384-4907-919E-602A321FC5C0 786
10/4/2022
Leavitt Insurance Services of Los Angeles, Inc.

License #0769447
21820 Burbank Blvd, Suite 300
Woodland Hills CA 91367
CL Central
(818)593-7001 (866)886-7468
Meat and Potatoes Inc
10061 Riverside Dr
# 788
Toluca Lake CA 91602-2560
Travelers Casualty Insurance Co of America19046
Travelers Property Casualty Co of America25674
22/23 Master
A
X
X
X
6800S015355 2/25/2022 2/25/2023
1,000,000
300,000
5,000
1,000,000
2,000,000
2,000,000
DEENC Non-Renewal
A
6800S015355 2/25/2022 2/25/2023
B UB1S047431 5/13/2022 5/13/2023
1,000,000
1,000,000
1,000,000
*INSURANCE VERIFICATION**
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
PJ zcGilmer/PJGILM
The ACORD name and logo are registered marks of ACORD

CERTIFICATE HOLDER
© 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014/01)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE

JECT LOC PRO- POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:

CLAIMS-MADE OCCUR

COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $

DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
DED RETENTION $

CLAIMS-MADE
OCCUR
$
AGGREGATE $
EACH OCCURRENCE $

UMBRELLA LIAB

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR

LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY) LIMITS
PER

STATUTE
OTHER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$

ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS

NON-OWNED

AUTOS AUTOS
AUTOS

COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE $
$
$
$

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSD
ADDL
WVD
SUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE
(A/C, No, Ext):

PRODUCER
ADDRESS:

E-MAIL
FAX
(A/C, No):

CONTACT
NAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INS025 (201401)
DocuSign Envelope ID: 17147379-1384-4907-919E-602A321FC5C0 787
Certificate Of Completion
Envelope Id: 1714737913844907919E602A321FC5C0 Status: Completed Subject: Meat and Potatoes Agreement MS-78-DS-23
Source Envelope:

Document Pages: 15 Signatures: 8 Envelope Originator:

Certificate Pages: 6 Initials: 1 Purchasing Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
8353 Sierra Avenue
Fontana, CA 92335
[email protected]
IP Address: 192.146.186.96
Record Tracking
Status: Original
10/18/2022 | 03:17 PM
Holder: Purchasing Office
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Todd Gallopo
[email protected]
CEO / Creative Director
Security Level: Email, Account Authentication
(None) Signature Adoption: Drawn on Device
Using IP Address: 76.81.142.142
Sent: 10/18/2022 | 03:32 PM
Viewed: 10/19/2022 | 08:34 AM
Signed: 10/19/2022 | 08:38 AM
Electronic Record and Signature Disclosure:

Accepted: 10/19/2022 | 08:34 AM
ID: 7aacd5f8-d024-4c74-abd1-fb7792fbf768
Phillip Burum
[email protected]
Deputy City Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Sent: 10/19/2022 | 08:38 AM
Viewed: 10/24/2022 | 01:41 PM
Signed: 10/24/2022 | 01:41 PM
Electronic Record and Signature Disclosure:

Accepted: 10/24/2022 | 01:41 PM
ID: 7c2f25a1-0117-4db0-855a-bfdc76752ba9
Myletta Tillman
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Sent: 10/24/2022 | 01:41 PM
Viewed: 10/27/2022 | 12:20 PM
Signed: 10/27/2022 | 12:20 PM
Electronic Record and Signature Disclosure:

Accepted: 10/27/2022 | 12:20 PM
ID: 001b1b5b-c7a3-478c-805e-0a4f43e69a6f
Rakesha Thomas
[email protected]
Director, Human Resources & Risk Mgmt.

City of Fontana
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Sent: 10/27/2022 | 12:20 PM
Viewed: 10/31/2022 | 10:51 AM
Signed: 10/31/2022 | 10:52 AM
Electronic Record and Signature Disclosure:

Accepted: 10/31/2022 | 10:51 AM
ID: 3dcafa01-b407-4f9d-a9c7-957a9cac4913
788
Signer Events Signature Timestamp
Ruben Duran
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.243.208.110
Signed using mobile
Sent: 10/31/2022 | 10:52 AM
Viewed: 11/5/2022 | 12:59 PM
Signed: 11/5/2022 | 12:59 PM
Electronic Record and Signature Disclosure:

Accepted: 11/5/2022 | 12:59 PM
ID: 2ee77106-4005-4c0c-a88d-d3f3f23a86d3
Sid Lambert
[email protected]
Purchasing Office
Interwest Consulting Group
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Sent: 11/5/2022 | 12:59 PM
Viewed: 11/7/2022 | 10:07 AM
Signed: 11/7/2022 | 10:07 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Jessica Brown
[email protected]
Chief Financial Officer
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Sent: 11/7/2022 | 10:07 AM
Viewed: 11/9/2022 | 09:18 AM
Signed: 11/9/2022 | 09:20 AM
Electronic Record and Signature Disclosure:

Accepted: 11/9/2022 | 09:18 AM
ID: 324ec932-6a58-44c9-afaa-02421bb4a372
Matthew C. Ballantyne
[email protected]
City Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Sent: 11/9/2022 | 09:20 AM
Viewed: 11/9/2022 | 11:10 AM
Signed: 11/9/2022 | 11:10 AM
Electronic Record and Signature Disclosure:

Accepted: 11/9/2022 | 11:10 AM
ID: 135e1fb9-dbe5-4485-ba3a-f2bdb79a9df4
Germaine McClellan Key
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 107.201.246.59
Signed using mobile
Sent: 11/9/2022 | 11:10 AM
Viewed: 11/9/2022 | 11:13 AM
Signed: 11/9/2022 | 11:13 AM
Electronic Record and Signature Disclosure:

Accepted: 11/9/2022 | 11:13 AM
ID: c4eed897-0cbe-402c-ab1c-cd93407137f1
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
789
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Kathy Kasinger
[email protected]
Records Coordinator
Security Level: Email, Account Authentication
(None)
Sent: 11/9/2022 | 11:13 AM
Electronic Record and Signature Disclosure:

Accepted: 10/4/2022 | 03:01 PM
ID: bd1d899f-2bb4-4fa4-ad6d-f86d187a1e66
Cybele Collins
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 11/9/2022 | 11:13 AM
Viewed: 11/9/2022 | 12:03 PM
Electronic Record and Signature Disclosure:

Accepted: 10/6/2022 | 03:42 PM
ID: 159ce607-d251-456e-8dc5-fa36549d5de1
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/18/2022 | 03:32 PM
Certified Delivered Security Checked 11/9/2022 | 11:13 AM Signing Complete Security Checked 11/9/2022 | 11:13 AM
Completed Security Checked 11/9/2022 | 11:13 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
790

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Electronic Record and Signature Disclosure created on: 2/2/2017 | 06:54 AM Parties agreed to: Todd Gallopo, Phillip Burum, Myletta Tillman, Rakesha Thomas, Ruben Duran, Jessica Brown, Matthew C. Ballantyne, Germaine McClellan Key, Ka 791
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2378 Agenda Date: 7/25/2023
Agenda #: AP. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Award a Contract for the acquisition and installation of furnishings and fixtures for Stage RED RECOMMENDATION:

1. Approve and authorize the City Manager to award and execute a contract with the lowest responsible/responsive bidder for the furnishings and fixtures related to the renovation of Stage RED (Bid No. DS-24-07-SP) in an amount not to exceed $675,000.

2. Authorize the City Manager to execute any and all contract amendments on behalf of the City of Fontana for the furnishings and fixtures related to the renovation of Stage RED.

3. Authorize the City Manager or his designee the authority to surplus and/or dispose of existing furnishings, fixtures, and audio-visual equipment that is not being reused as part of the renovation.

COUNCIL GOALS:
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community.

DISCUSSION:

The City of Fontana has undertaken an expansive and comprehensive revitalization of Downtown Fontana. The specific geographic area to be targeted includes Upland Avenue to the North, Orange Avenue to the South, Mango Ave to the East and Juniper Ave to the West.

A primary component of this revitalization effort will be creating an entertainment district as a draw for consumers to enjoy as they discover the new downtown area. Stage Red is the keystone to the creation of this new entertainment district for the city.

Specifications for the furnishings and fixtures have been developed in direct consultation with Mr.

Hagar and his design development team. In order to meet the opening date scheduled for the venue, certain items must be ordered well in advance of placement. This is the last City Council meeting until September 12, 2023. Notwithstanding the fact that bids have not yet been completed and reviewed, staff is asking for approval of execution of this contract by the City City of Fontana Page 1 of 2 Printed on 7/20/2023
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File #: 21-2378 Agenda Date: 7/25/2023
Agenda #: AP. Category: Consent Calendar
completed and reviewed, staff is asking for approval of execution of this contract by the City Manager only if the amount contracted is equal to, or less than the current budget of $675,000 for the same scope of services. In addition, existing furnishings, fixtures, and audio-visual equipment that is not being reused as part of the renovation will be auctioned or otherwise disposed of based on the direction of the city manager or his designee.

FISCAL IMPACT:

The cost associated with the approval of this item will not exceed $675,000 and is included in the FY 2023/24 budget. Costs will be funded by Fund 601 - Capital Reinvestment, project # 38300002 - Center Stage Theater Renovation.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 7/20/2023
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1 CITY OF FONTANA

C A L I F O R N I A

REQUEST FOR PROPOSALS
FOR

STAGE RED FURNISHINGS AND FINISHES
DS-24-07-SP

SUBMISSION DEADLINE
July 27 2023
BY 2:00PM
SUBMIT BID TO:

BID MUST BE SUBMITTED ELECTRONICALLY
Hard Copies will NOT be accepted as a viable bid.
www.fontanapurchasing.org
796
2 1. SCOPE OF SERVICES
DS-24-07-SP

1.1 VENUE INFORMATION/BACKGROUND:

Located on Sierra Avenue in Downtown Fontana, the theater building was constructed in 1937 as a one-screen movie theater. The more than 13,000 square foot theater was designed by Carl H. Boller, one of the best-known theater architects of that time. After the movie theater closed during the 1950’s, the facility was used for various purposes, ultimately closing its doors seemingly for good in the late 1990’s. After acquiring the property in 2003, the City of Fontana began an aggressive remodel plan. After utilizing funds to bring the building up to current code, while still preserving its historic architectural appeal, the doors reopened in 2008 as Fontana’s Center Stage Theater.

This was an intimate setting for dinner theater and Broadway style entertainment. A revisioning of the theater, now known as Stage RED, has come to fruition over the past several years.

Stage RED is the City of Fontana’s tribute to its famous hometown rocker, Rock & Roll Hall-of-Famer Sammy Hagar. Sammy Hagar, a.k.a. the ‘Red Rocker’, fondly calls Fontana, CA his hometown. Hagar grew up just a few blocks from Stage RED, and it was within those same walls that he saw a movie for the first time. He was educated, drove his first car, played his first guitar and learned to rock in Fontana. Since his formative years, Hagar has had astonishing success with his talents, turning a lifelong passion for rock music, good times, great food and spirits into an aspirational lifestyle.

Over a five-decade career Hagar has rocked tens of millions of fans around the globe, remained a dedicated philanthropist, and inspired musicians and entrepreneurs worldwide. Stage RED celebrates the Red Rocker Sammy Hagar’s history in Fontana, his iconic success, and his ongoing support of his new ‘hometown venue’ where his legacy ushers in an exciting chapter of entertainment for his beloved city.

Currently under a nearly $4,000,000 renovation, Stage RED has been designed as a premier live entertainment venue focused on the fan experience. Capitalizing on the expertise of the design teams behind projects like the Wynn- Nightlife, Cabo Wabo – Huntington Beach, the Red Rocker Bar and Grill, and the Grammy Museum Lounge.

The design plans to incorporate sound, lighting, and video recording upgrades that will rival venues ten times the size. The City of Fontana’s desire is that Stage RED becomes just as legendary as its namesake.

1.2 PROJECT SCOPE:

The City of Fontana is looking for a company/consultant to provide the furnishings, furniture and lighting required for Stage RED to become the legendary venue it is slated to be.

All finishes, furniture and lighting designed and specifically chosen for the venue have 797
3 been listed in Attachments 1 and 2 (proposal sheets). These attachments list items that are either required to solely be furnished for the future general contractor to install, or for the chosen company to deliver and place in the venue. Attachments 3, 4 and 5 further detail and describe the items listed in proposal sheets. Attachments 3, 4 and 5 shall be used as references to provide an accurate cost proposal. Attachment 6 provides a concept of the desired design for the venue.

It is the responsibility of the proposer to take the installations notes into consideration and include any delivery or installation costs in their prices. The City will not allow for any substitutions of items list, nor will it allow for partial bids. The proposal sheet must be all inclusive, therefore the proposer shall only provide a cost proposal if they are prepared to deliver all items listed.

Grand total submitted by the proposer shall include any project management and supervision of staff to facilitate the performance/delivery of the work. These costs will be considered to be included in the various items and there will not be any separate line items.

The proposer shall have extensive experience with commercial, restaurant and bar furnishing and furniture procurement. References for this experience are required to be submitted with the proposal package. See Section 2.6 for more information regarding the proposal contents.

1.3 PREPARATION & COORDINATION:

The chosen company will coordinate the Work with the City’s Project Manager and design group. The chosen company shall be prepared to attend any meetings required by the City to completed the Work.

1.6 SCHEDULE
Items 1.2 thru 1.3 described above are scheduled to commence immediately following the Contract execution.
798
4 2. INSTRUCTIONS TO PROPOSERS
DS-24-07-SP

2.1 PROPOSAL TIMELINE
CLOSING DATE: July 27, 2023 @ 2:00 p.m.

2.2 PROPOSER’S EXAMINATION
Before submitting a proposal, the proponent shall carefully examine the scope of services and other contract documents, and ensure that he/she has a clear understanding of the requirements of the contract work regarding the performance of work.

By submitting a response, the applicant represents that it has thoroughly examined and become familiar with the contents of the solicitation and conditions of the standard City contract documents, and that it is capable of performing quality work to achieve the City of Fontana's objectives.

2.3 INTERPRETATION OF PROPOSALS AND DOCUMENTS
If any person contemplates submission of a proposal for the proposed contract and is in doubt as to the true meaning of any part of the scope of services, or other proposed contract documents, or finds discrepancies in, or omissions from the proposal, he/she may submit to the Purchasing Office a written request for an interpretation or correction thereof.

The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The Purchasing Office will not be responsible for any other explanation or interpretation of the proposed documents.

2.4 NOTICE TO PROPONENTS
The proponents shall be considered based on the best overall value to the City. The City shall not be limited to awarding to the lowest responsive proponent, but instead shall be entitled to negotiate for the best overall value to the City.

The City may automatically disqualify any proposal that does not meet the terms and conditions set forth in these “Instructions to Proposers.” 799
5 2.5 LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to proposals for contracts of this nature whether the same are expressly referred to herein or not. Any Proposer submitting a proposal shall by such action thereby agree to each and all the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in scope of services, contract documents, and to full compliance therewith.

2.6 PROPOSAL CONTENTS
Proposals shall include the proposed project team, scope of work, schedule, grand total, brief information on at least three projects of similar nature completed in recent years. The proposer shall submit the cost for the items listed in the proposal sheets in Attachments 1 and 2.

The cost of Attachment 1 and 2 will be added for a grand project total. This grand project total will be a factor of consideration, in addition to previous experience and scheduling.

The City intends to evaluate the proposed services based upon the data presented in response to the RFP.

Proposal must contain the as a minimum the following:

1. Identification of the offering firm including name, address, telephone, fax number, and email address;

2. Name, title, address and telephone number of contact person during the evaluation period;

3. Work Plan (Specify what is to be covered; Scope of Work and Deliverables);

4. Schedule of deadlines;

5. References: List experience with commercial, restaurant and bar procurement, along with references.

6. Breakdown of cost using Attachments 1 and 2.

2.7 DELIVERY AND OPENING OF PROPOSALS
Proposals are to be submitted electronically. Electronic Bid System will close exactly at the time set forth in the document. All applicable forms required to be completed per the proposal documents, shall be submitted electronically prior to the proposal date and time. Hard copies will not be accepted as a viable proposal. It is the Proposer’s sole responsibility to ensure that its proposal is received as specified. Proposals may be submitted earlier than the dates(s) and time(s) indicated.

Proposal will be available at the date and time stated in the Instruction to Proposers and the amount of each proposal will be available online and recorded. The City may in its sole discretion, elect to postpone the opening of the submitted proposals. City reserves the right to reject any or all proposals and to waive any informality or irregularity in any 800
6 proposal.

2.8 WITHDRAWAL OF PROPOSAL
Prior to proposal opening, a proposal may be withdrawn by the Proposer only by using the City’s electronic bidding system.

2.9 IRREGULAR PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered.

2.10 PROPRIETARY
The proponent shall identify those portions of their proposal that they deem to be confidential, proprietary information or trade secrets, and provide justification why such materials shall not be disclosed by the City. All materials the proponent desires to remain confidential shall be clearly indicated by stamping the pages on which such information appears, at the top and bottom thereof with the word "Confidential". All such materials so indicated shall be reviewed by the City and any decision not to honor a request for confidentiality shall be communicated in writing to the proponent. Prices, makes and model or catalog numbers of the items offered, deliveries, and terms of payment SHALL NOT be classified as confidential.

2.11 COMPETENCY OF PROPONENT
No proposal will be accepted from or contract awarded to a proponent who is not licensed in accordance with the law, who does not hold a license qualifying them to perform work under this contract, to whom a proposal form has not been provided and who has not successfully performed on projects of similar character and scope. The proponent may be required, before the award of any contract, to show, to the complete satisfaction of the City, that it has the necessary facilities, ability, experience, and financial resources to provide the services specified herein in a satisfactory manner.

The City may make reasonable investigations deemed necessary and proper to determine the ability of a contractor to perform the work, and the contractor shall furnish the City all information requested for this purpose.

2.12 QUESTIONS AND COMMENTS
Questions and comments regarding this solicitation must be submitted in writing, either by mail, email or facsimile to Purchasing Office’s designated official, no later than five (5) days before the Submittal Deadline. The questioner's company name, address, 801
7 phone and fax number, and contact person must be included with the questions or comments. Answers, if any, made by the City will be sent in writing to all known proposal holders.

2.13 CORRESPONDENCE
All correspondence is to be submitted to:

Sid Lambert
Purchasing Office
[email protected]
(909) 350-7678

2.14 AWARD OF CONTRACT
Issuance of this Request for Proposal and receipt of proposals does not commit the City to award a contract. The City reserves the right to reject any or all proposals to accept any proposal or portion thereof, to waive any irregularity, and to take the proposals under advisement for the period of time stated in the “Request for Proposals”, as may be required to provide for the best interests of the City of Fontana. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the proponent to whom the award is contemplated. All responses to this solicitation shall become the property of the City and will be retained or disposed of accordingly. No proponent may withdraw his proposal for a period of ninety (90) days after the time set for opening thereof.

2.15 TERM OF CONTRACT
Contract period shall be limited to the respective project. Proposer understands that this contract shall not bind nor purport to bind the City of Fontana for any contractual commitment in excess of the original contract period. In the event the City exercises its options, all terms, conditions, and provisions of the original contract shall remain the same and apply during the extension period, unless otherwise mutually agreed to in writing by both parties.

2.16 INSURANCE
Prior to the commencement of any services hereunder, Consultant shall provide to the City certificates of insurance with the City named as additional insured. Such policies shall be subject to approval by the City and shall require thirty days notice to the City before any cancellation. Failure to furnish such evidence, if required, may be considered default of the Consultant.
(1) Worker's Compensation Insurance covering all employees and principals of the Consultant, in a minimum amount of $1 million per accident, and meeting the laws of the State of California;
802
8 (2) Commercial General Liability Insurance covering third party liability risks; including without limitation contractual liability, in a minimum amount of $1 million per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit;
(3) Commercial Auto Liability and Property Insurance covering “any auto” with a minimum amount of $1 million combined single limit per accident for bodily injury and property damage.
(4) Errors and omissions professional liability insurance appropriate to Consultant’s profession. Such insurance shall be in an amount not less than $1 Million per claim (final amount may be negotiated depending on final scope of work), and shall be endorsed to include contractual liability. In addition, such insurance shall be maintained for a period of five (5) years. 803
9 ATTACHMENTS:
• Attachment 1. - Stage Red-Finishes Cost Proposal List • Attachment 2. - Stage Red-Furniture & Lighting Cost Proposal List • Attachment 3. - Finishes Spec List Descriptions
• Attachment 4. - Furniture Spec List Descriptions
• Attachment 5. - Lighting Spec List Descriptions
• Attachment 6. - Stage Red-Floor Plans & Renderings
804
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2227 Agenda Date: 7/25/2023
Agenda #: A. Category: Public Hearing
FROM:

Planning Department
SUBJECT:

Third Combined General Plan Amendments and Projects for the 3rd General Plan Cycle of 2023; Part No. 1 - Downtown Core Project and associated Environmental Impact Report, and Part No. 2 - The Heights at Southridge Project and associated Addendum to the Southridge Village Specific Plan Environmental Impact Report, and Part No. 3 - Citrus/Oleander Industrial Commerce Center Project and associated Environmental Impact Report.

RECOMMENDATION:

Part No. 1 - Downtown Core Project
Master Case No. 22-118: General Plan Amendment (GPA) No. 22-010 and Zoning Code Amendment (ZCA) No. 22-010 - General Plan Amendments and Zoning Code update to implement the new Downtown Core, bordered by Foothill Blvd. to the north, Randall Avenue to the south, Juniper Avenue to the west, and Mango Avenue to the east, to allow higher density residential and mixed-use development along with the ultimate creation of a pedestrian plaza in the Downtown area. The proposed General Plan and Zoning and Development Code amendments include new land use districts and associated development standards promoting housing density and a vibrant Downtown with added residential development, amenities, attractive architecture and commercial development. An Environmental Impact Report (EIR) was prepared for the project. 1a) Adopt Resolution No. 2023-086, (Part No. 1 of General Plan Amendment cycle No. 3 of 2023,) a Resolution of the City Council of the City of Fontana certifying the Final Environmental Impact Report (FEIR), (State Clearinghouse No. 2022110624), adopting a Statement of Overriding Consideration and a Mitigation Monitoring and Reporting Program and a Statement of Facts and Findings and directing staff to file a Notice of Determination; approving General Plan Amendment No. 22-010 (Part No. 1 of General Plan Amendment cycle No. 3 of 2023) amending the General Plan Land Use designation on approximately 478 acres from Walkable Mixed Use Corridor & Downtown (WMXU-1) and Residential Single Family (R-SF) to Walkable Mixed Use Downtown Core (WMXU-3) and modifying the text of Chapter 9 (Community Mobility and Circulation) to reflect implementation of a pedestrian plaza on Sierra Avenue, Chapter 14 (Downtown Area Plan) to establish the goals and actions for the Downtown area and 15 (Land Use, Zoning, and Urban Design) to establish the Walkable Mixed Use Downtown Core (WMXU-3); and,
1b) Read by title only and waive further reading of and introduce Ordinance No. 1923, an Ordinance of the City Council of the City of Fontana, approving a Zoning Code Amendment (ZCA No. 22-010) establishing new zoning districts within the Downtown Core and amending the text of the Zoning and City of Fontana Page 1 of 13 Printed on 7/20/2023
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Development Code to set development standards for the Downtown Core area.

Part No. 2 - The Heights at Southridge Project
Master Case No. 22-084: General Plan Amendment No. 22-008, Specific Plan Amendment No. 22-004, Tentative Parcel Map No. 20565 (TPM No. 22-018), Tentative Tract Map No. 20568 (TTM No. 22-007), Design Review No. 22-043, and Administrative Site Plan No. 23-014 - Amendment of the subject site’s land use designation for approximately 37.32 adjusted gross acres which includes five parcels; Site No. 1 from Recreational Facilities (P-R) to Medium Residential (RM), Site No. 2 from Open Space (OS) to Medium Density Residential (R-M), Site No. 3 from OS to General Commercial (C-G), Site No. 4 from C-G to Public Facilities (P-PF), and Site No. 5 from OS to Residential Planned Community (R-PC) and proposed development of 255 condominium units (147 detached Cluster Homes units and 108 detached Stub Drive units), with various amenities and a public park within a 54 acre project area (37.32 acre development site), and associated Addendum to the Southridge Village Specific Plan Environmental Impact Report.
2a) Adopt Resolution No. 2023-085, (Part No.2 of General Plan Amendment Cycle No. 3 of 2023,) a Resolution of the City Council of the City of Fontana approving an Addendum to the Southridge Village Specific Plan Environmental Impact Report No. 81-3 (State Clearinghouse [SCH] No. 81052210) for The Heights at Southridge Project pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines and directing staff to file a Notice of Determination; approving General Plan Amendment No. 22-008 (Part No. 2 of General Plan Amendment cycle No. 3 of 2023) amending the General Plan Land Use designation on approximately 58 adjusted gross acres (APNs: 0237-411- 13, -14, and -27, 0237-201-27, 0237-441-01 through -19) including Site No. 1 from Recreational Facilities (P-R) to Medium Residential (R-M), Site No. 2 from Open Space (OS) to Medium Density Residential (R-M), Site No. 3 from OS to General Commercial (C-G), Site No. 4 from C-G to Public Facilities (P-PF), and Site No. 5 from OS to Residential Planned Community (R-PC); approving Specific Plan Amendment No. 22-004 to amend Planning Area 56 from Bird Farm (BF). Planning Area 66A from Quarry (Q) to Entry Estates/Duplex, which is a Medium Density Residential land use category with a maximum density of 8 dwelling units per acre for approximately 37.32 acres, and modifying the development standards within the Medium Density Residential Zoning District, located south of Village Drive and east of Live Oak Avenue; approving Tentative Parcel Map No. 20565 (TPM No. 22-018) to subdivide two existing parcels into four parcels; approving Tentative Tract Map No. 20568 (TTM No. 22-007) to divide one existing lot into 255 lots for condominium purposes; and approving Design Review No. 22-043 and Administrative Site Plan No. 23-014 for site and architectural review for the development of 255 condominium units (147 detached Cluster Homes units and 108 detached Stub Drive units) and associated amenities and a the development of a park site within a 37.32-acre site and associated improvements, respectively and subject to the Conditions of Approval; and,
Part No. 3 - Citrus/Oleander Industrial Commerce Center Project Master Case No. 21-053, Master Case No. 22-053: General Plan Amendment (GPA) No. 22-004, Zoning District Map Amendment (Zone Change) No. 22-005, Specific Plan Amendment (SPA) No. 22-002, Development Agreement (DA) No. 23-005, Tentative Parcel Map No. 20709 (TPM No. 22-009) (Building No. 1), Design Review (DRP) No. 22-029 (Building No. 1), Tentative Parcel City of Fontana Page 2 of 13 Printed on 7/20/2023
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No. 22-009) (Building No. 1), Design Review (DRP) No. 22-029 (Building No. 1), Tentative Parcel Map 20708 (TPM No. 22-030) (Building No. 2), Design Review No. 22-061 (Building No. 2), Tentative Parcel Map 20707 (TPM No. 22-031) (Building No. 3), Design Review No. 22-062 (Building No. 3) - Amendment of the subject site’s land use designation for approximately 29.4 adjusted gross acres (inclusive of a five-acre parcel that does not include development) from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (RMFMH) to General Industrial (I-G) and proposed site and architectural design for the development of three (3) industrial commerce center buildings totaling approximately 540,849 square feet, and associated Final Environmental Impact Report (EIR). 3a) Adopt Resolution No. 2023-087, (Part No. 3 of General Plan Amendment cycle No. 3 of 2023,) a Resolution of the City Council of the City of Fontana certifying the Final Environmental Impact Report (FEIR), (State Clearinghouse No. 2022110389), adopting a Statement of Overriding Consideration, a Mitigation Monitoring and Reporting Program, and a Statement of Facts and Findings, and directing staff to file a Notice of Determination; approving General Plan Amendment No. 22-004 (Part No. 3 of General Plan Amendment cycle No. 3 of 2023) amending the General Plan Land Use designation on approximately 29.4 adjusted gross acres (APNs 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, - 29, -30, -31, and -32, and 0255-021-17, -18, -22, -23, and -24 (inclusive of a five-acre parcel that does not include development) from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-G) and approving Tentative Parcel Map No. 20709 (TPM No. 22-009) (Building No. 1), Tentative Parcel Map No. 20708 (TPM No. 22-030) (Building No. 2), and Tentative Parcel Map No. 20707 (TPM No. 22-031) (Building No. 3) to process three parcel maps to consolidate six (6) parcels into one parcel, to develop project sites for Building No. 1 and Building No. 2, and to consolidate five (5) parcels into one for the development of the project site for Building No. 3 respectively subject to conditions of approval, and approving Design Review No. 22-029 (Building No. 1), Design Review No. 22-061 (Building No. 2), and Design Review No. 22-062 (Building No. 3) for the site and architecture review for three buildings totaling approximately 540,849 square feet and associated on-site and off-site improvements subject to the Conditions of Approval; and,
3b) Read by title only and waive further reading of and introduce Ordinance No. 1924, an Ordinance of the City Council of the City of Fontana, approving a Zoning District Map Amendment (Zone Change) No. 22-005 changing the zoning designation from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan, Slover East Industrial District for approximately 29.4 acres located west of Citrus Avenue, east and west of Oleander Avenue and north of Santa Ana Avenue, and that the reading of the title constitutes the first reading thereof; and,
3c) Read by title only and waive further reading of and introduce Ordinance No. 1925, an Ordinance of the City Council of the City of Fontana, approving a Specific Plan Amendment No. 22-002, to amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to expand the SWIP boundary to include the entire 29.4 acres located west of Citrus Avenue, east and west of Oleander Avenue and north of Santa Ana Avenue, and that the reading of the title constitutes the first reading thereof; and,
3d) Read by title only and waive further reading of and introduce Ordinance No. 1926, an Ordinance of the City Council of the City of Fontana, approving Development Agreement No. 23-005 for a public City of Fontana Page 3 of 13 Printed on 7/20/2023
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of the City Council of the City of Fontana, approving Development Agreement No. 23-005 for a public benefit fee.

COUNCIL GOALS:
· Promote economic development by concentrating on job creation. · Promote economic development by pursuing business attraction, retention, and expansion. · Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by promoting diverse range of housing projects and levels of affordability.
· Enhance the local environment for future generations and create a healthy economic and environmental future by creating neighborhoods that are attractive, safe and convenient for walkers and bicyclists.
· Enhance the local environment for future generations and create a healthy economic and environmental future by adopting policies that promote compact and efficient development in new and existing communities.

DISCUSSION:

As required by state law, the City is limited to amending any element of the General Plan to no more than four (4) times in one (1) calendar year. Since the City receives multiple general plan amendment requests during the year, it is customary to combine the general plan amendment requests. The first combined general plan amendment was approved by the City Council on March 28, 2023, and the second amendment was approved on June 27, 2023. This will be the third combined general plan amendment for calendar year 2023.

This combined general plan amendment package includes three (3) parts and their associated projects which have been designated as Part No. 1, Part No. 2 and Part No. 3 to ensure that the multiple general plan amendments are approved together, thereby counting as one (1) approval.

Below is a discussion of the three (3) projects as part of this amendment package.

Discussion Part No. 1 - Downtown Core
Background:

The project was considered by the Planning Commission at a duly noticed public hearing on July 18, 2023. The Planning Commission voted (4-0) to adopt Resolution PC No. 2023-028, thereby forwarding a recommendation of approval to the City Council.

Project Description/Analysis:

The Downtown Core is a City Initiated project that is funded by the State of California’s SB2 legislation with the goal of increasing housing. This law allows City’s funding to update Zoning Codes, General Plans, Specific Plans and implement Overlay Districts. For the Downtown Core project, the Planning Department is recommending updating the General Plan map and text and updating the Zoning and Development Code map and text, including amending the Form Based Code with a new Downtown Core, in support of the creation of increased residential density and associated businesses as well as a Sierra Avenue pedestrian plaza to create a walkable, active, and vibrant City of Fontana Page 4 of 13 Printed on 7/20/2023
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businesses as well as a Sierra Avenue pedestrian plaza to create a walkable, active, and vibrant destination in the downtown area.

General Plan Amendment No. 22-010:

The proposed project would establish the General Plan land use designation of the Walkable MixedUse Downtown Core (WMXU-3). This area will allow for higher density residential development with attractive commercial development to create a local and regional destination. A General Plan Land Use Map and text changes to Chapter 15: Land Use, Zoning, and Urban Design are included in this amendment. An amendment to Chapter 9: Community Mobility and Circulation includes modifications to the Hierarchy of Streets Plan and text changes to establish the Sierra Avenue pedestrian plaza.

Lastly, text changes are proposed to Chapter 14: Downtown Area Plan to establish increased residential density within the Downtown Core, provide for a Sierra Avenue pedestrian plaza, and facilitate an attractive destination in the Downtown Core.

Zoning Code Amendment No. 22-010:

The Zoning Code Amendment includes map/figure changes to establish the six (6) districts of the Downtown Core (Sierra Core, Gateway Core, Mixed-Use Core, Multi-Family Core, Neighborhood Core and Civic Core) within the Form Based Code. The text of the Form Based Code will be updated to include development standards of the Downtown Core districts.

Environmental:

Subsequent to the preparation and distribution of the Notice of Preparation (NOP), the Draft Environmental Impact Report (DEIR) was prepared for the project. The environmental analysis contained in the Draft EIR is based in part on specific studies and assessments undertaken for the City by qualified environmental scientists, specialists, and consultants. These studies address air quality, energy, greenhouse gas emissions and noise. These technical studies are contained in the Technical Appendices document of the Draft EIR and are made available for the public review. The Draft EIR, Technical Appendices and Final EIR can be viewed at the following URL:
<<https://www.fontanaca.gov/3580/Downtown-Core-Project>> Discussion Part No. 2 - The Heights at Southridge Project Background:

The project was considered by the Planning Commission at a duly noticed public hearing on June 20 2023. The Planning Commission voted (5-0) to adopt Resolution PC No. 2023-026, thereby forwarding a recommendation of approval to the City Council.

Project Description/Analysis:

The applicant, New Bridge Homes, is proposing the development of a 255-unit (Condominium) complex on approximately 32.17 gross acres, a new public park that will be dedicated to the City of Fontana, and updating of an existing trail (approximately 3.41-acres), all for property located on the south side of Village Drive, east side of Live Oak Avenue, and north of Southridge Park. The residential community includes the development of a 255-unit condominium complex on approximately 32.17 gross acres to consist of 108 detached Stub Drive units and 147 detached Cluster Home units and associated amenities and improvements. A new public park of approximately

1.74 acres comprised of 14 parking spaces, three (3) pickleball court, covered benches, two (2) shade structures, concrete walking trails, open lawn area, lighting, fencing, benches, and waste receptacles-acres with access via a new driveway approach from Village Drive is proposed to be City of Fontana Page 5 of 13 Printed on 7/20/2023
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receptacles-acres with access via a new driveway approach from Village Drive is proposed to be dedicated to the City of Fontana. The applicant also proposes to update the existing trail (approximately 3.41-acres) that is located north of the residential project site.

General Plan Amendment No. 22-008:

The purpose of this General Plan Amendment is to amend the General Plan Land Use Designations to clean up inconsistencies between the General Plan and the Southridge Village Specific Plan and to facilitate the development of the proposed project. The proposed General Plan Amendment (Attachment No. 5) will amend the General Plan Land Use Designation for 58 acres which includes Site No. 1 from Recreational Facilities (P-R) to Medium Residential (R-M) to allow the proposed residential development, Site No. 2 from Open Space (OS) to Medium Density Residential (R-M) to allow the proposed residential development, Site No. 3 from OS to General Commercial (C-G) (see Attachment No. 5) to create consistency between the General Plan and existing Specific Plan commercial designation, Site No. 4 from C-G to Public Facilities (P-PF) to create consistency between the General Plan and existing Specific Plan public facilities designation for the existing fire station site, and Site No. 5 from OS to Residential Planned Community (R-PC) to create consistency between the General Plan and existing Specific Plan land use designations for the existing residential homes within the Southridge Village Specific Plan.

Specific Plan Amendment No. 22-004:

The applicant is proposing to amend the Southridge Village Specific Plan to allow for the development of the residential project and the public park. The applicant is proposing to amend Planning Area 56 Bird Farm (BF) and Planning Area 66A Quarry (Q) designations to the Entry Estates/Duplex (Medium Density Residential) land use category, and amend the Medium Density Residential Development Standard Guidelines to reduce the minimum Building Site Area/Unit from 3,000 square feet to 2,000 square feet, reduce the distance from a private street to a garage from five (5) feet to two (2) feet and reduce the distance between principal structures from ten (10) feet to eight (8) feet (see Attachment No. 6 and 7). The proposed amendments will allow for the development of the proposed project.

Tentative Parcel Map No. 20565 and Tentative Tract Map No. 20568:

The proposed tentative parcel map (TPM No. 20565) will be used to reconfigure the existing two parcels into three parcels for the purposes of a new park, a public trail, and for a future residential condominium complex. Tentative Tract Map No. 20568 will subdivide the residential parcel for condominium purposes to include 255 residential parcels and various lettered lots.

Administrative Site Plan No. 23-014:

As part of the proposal for the residential development, Newbridge Homes proposes to dedicate a park with recreational amenities to the city. The Parks, Community and Human Services Commission reviewed and forwarded a 5-0 recommendation to the Planning Commission for the construction of the public park. The future public park will be approximately 1.74 acres and would be comprised of 14 parking spaces, three (3) pickleball court, covered benches, two (2) shade structures, concrete walking trails, open lawn area, lighting, fencing, benches, and waste receptacles.

Design Review No. 22-043:

The proposed project includes 255 residential (Condominium) units, including 108 detached Stub Drive units and 147 detached Cluster Homes units. The applicant has proposed three (3) floor plans City of Fontana Page 6 of 13 Printed on 7/20/2023
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with three (3) elevations per plan for all three (3) types of the detached single-family homes.

The detached Stub Drive units will be configured in a “U” shape area of eight (8) buildings with a common driveway that will be used to access the garages for the units in the building. The “front” entrance for each unit will be on the garage side and on the side of the buildings. The proposed stub drive condominiums range in size from 1,710 square feet to 1,927 square feet.

The proposed detached cluster units are arranged along private drives and/or in clusters of eight (8) homes. All floor plans will consist of three (3) bedrooms, loft, optional 4th bedroom and will range in size from 1,936 square feet to 2,307 square feet. No unit will exceed the maximum height of 35 feet.

The maximum lot coverage, height, unit sizes, and all applicable development standards will comply with those specified in the Fontana City Code and the Southridge Village Specific Plan.

The applicant is proposing three architectural styles. The architectural styles for the Stub Drive and Cluster buildings are Spanish, Craftsman, and Italianate. Each type will reflect medium earth tone warm-colors (i.e. brown, tan, beige, etc.). There are nine (9) color schemes provided for the overall project. Architectural relief utilized for the proposed homes consists of stone veneer, decorative window treatments, varied roof lines, architectural “pop-outs,” banding, porches, and other features appropriate to each theme. The use of a variety of colors and decorative shutters of a contrasting color will further add architectural diversity to each plan. All units are designed with concrete tile roofing material coordinated to match the color scheme of each elevation. All plans are proposed as two-story homes. Additionally, garage doors will incorporate windows and varied door colors and patterns appropriate for each plan.

Subsequent to approval by the Planning Commission, the applicant requested the removal of Design Review Condition No. 40 pertaining to improvements required for future projects. Staff supports deleting the condition as no future/separate projects are proposed. New Design Review and Tentative Tract Map conditions were inserted as pertaining to the fuel modification zones and timing of the public park dedication.

Site Access/Circulation/ Parking:

The applicant is proposing one main entrance for the residents and visitors via Live Oak Avenue and a secondary resident entrance/exit via Live Oak Avenue. The applicant has also proposed an emergency vehicular access (EVA) through the parking lot of the Southridge Park. The residential development will have private streets and private drive aisles. The garages for each residential unit will be accessible from the private drive aisles. The applicant is providing 684 parking spaces (Garage: 510 spaces, Open: 182 spaces) which exceeds parking requirements.

Fencing and Security and Amenities/Grading:

The applicant is proposing to have six-foot-high vinyl fencing along the interior side boundaries of the cluster and stub drive units. Various homes will have split-face walls and tubular steel fence (view fence) along the rear and side of the lots. The street sides of the proposed community on Live Oak Avenue will have solid split face walls and tubular steel fence (view fence). The entryway to the project site will have stone veneer pilasters with decorative caps and tubular steel entry/exit gates. A tubular steel fencing for the emergency entry/exit gate will be located at the emergency vehicle access points. The proposed walls and fencing for the project site will provide a vibrant and safe City of Fontana Page 7 of 13 Printed on 7/20/2023
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access points. The proposed walls and fencing for the project site will provide a vibrant and safe design for this private community.

The proposed development includes several amenities throughout the community. A community pool and spa will be centrally located and will also include a pool building with restroom, sun deck with lounge furniture and a patio cover with barbeque island and picnic tables. The community will also include a play structure, tot lot, paseos, tricycle track with benches, shade structures, turf play areas with tables and seating areas, cabanas, outdoor fitness stations, and several passive recreational areas to gather. An existing public trail wraps around the project site and connects to the future public park.

The overall project site will be tiered, decreasing in elevation from east to west and draining towards the detention basin located along the westerly property line and south of the project entry. The cluster homes, stub drive homes, and amenities will drain to the main private streets which will direct water towards to the proposed detention basin.

Environmental:

Pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines an Addendum to the Southridge Village Specific Plan Environmental Impact Report No. 81-3 (State Clearinghouse [SCH] No. 81052210) has been prepared for this proposed project. The aforementioned EIR was adopted by the City Council in December 1981 and it anticipated the development of residential units from the proposed project. The Addendum supports the proposed General Plan Amendments (GPA) because it addresses inconsistencies with the existing Southridge Village Specific Plan land uses.

Additionally, the Southridge Village Specific Plan allows for the development of 8,800 residential units, however, 7,836 units were developed. The GPA for the project will establish the land uses to allow the development of 255 residential units which remains less than what the EIR anticipated; therefore, an addendum was prepared for the project. The Addendum to the Southridge Village Specific Plan EIR can be found at Environmental Documents | Fontana, CA - Official Website (fontanaca.gov) <https://www.fontanaca.gov/2137/Environmental-Documents>.

Discussion Part No. 3 - Citrus/Oleander Industrial Commerce Center Project Background:

The project was considered by the Planning Commission at a duly noticed public hearing on June 20, 2023. The Planning Commission voted (5-0) to adopt Resolution PC No. 2023-025, thereby forwarding a recommendation of approval to the City Council.

Project Description/Analysis:

The applicant is proposing the development of three (3) industrial commerce center buildings totaling 540,849 square feet on three sites totaling approximately 24.4-acres. The project is located on the north side of Santa Ana Avenue, between Citrus Avenue and Oleander Avenue, and at the northeast corner of the Santa Ana Avenue and Oleander Avenue intersection.

General Plan Amendment No. 22-004 and Zone Change No. 22-005:

The current general plan land use designation is Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) which do not allow for industrial commerce City of Fontana Page 8 of 13 Printed on 7/20/2023
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Multiple-Family Medium/High Residential (R-MFMH) which do not allow for industrial commerce center uses. Therefore, the applicant has applied for a General Plan Amendment to amend the General Plan land use designation of the 29.4-acres from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-G). The applicant has additionally submitted a Zone Change request to change the zoning designation from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan (SP). The project would be consistent with the surrounding area with the parcels to the west and south of the project site that are within the Southwest Industrial Park Specific Plan and also zoned Slover East Industrial (SED) District.

Specific Plan Amendment No. 22-002
The Specific Plan Amendment would amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to expand the SWIP boundary to include the entire 29.4 acres and to designate the property with the Slover East Industrial District (SED) land use designation. As previously mentioned, no development is currently proposed on APN 0255-011-15 (5-acre site). Design Reviews and Tentative Parcel Maps (TPMs) are proposed for the 24.4-acre site on all the parcels except for parcel APN: 255-011-15.

Development Agreement No. 23-005:

The application includes review of development agreement for a public benefit fee of $2,298,608.25.

Tentative Parcel Map No. 20709 (TPM No. 22-009) (Building No. 1), Tentative Parcel Map No. 20708 (TPM No. 22-030) (Building No. 2), and Tentative Parcel Map No. 20707 (TPM No. 22-031) (Building No. 3)
The applicant has filed for three tentative parcels maps to support proposed development of 24.4 acres of the overall project area. The applicant is proposing to consolidate six (6) parcels located at the northeast corner of Citrus Avenue and Santa Ana Avenue into one parcel for the development of Building No. 1, consolidate six (6) parcels located at the northwest corner of Oleander Avenue and Santa Ana Avenue into one parcel for the development of Building No. 2, and consolidate five (5) parcels located at the northeast corner of Oleander Avenue and Santa Ana Avenue into one for the development of Building No. 3. As part of the project the developer will construct all on-site and offsite improvements per the City Standards.

Design Review No. 22-029 (Building No. 1), Design Review No. 22-061 (Building No. 2), and Design Review No. 22-062 (Building No. 3
The project includes the development of three industrial commerce center buildings on three separate parcels; one parcel that is included within the General Plan, Zoning, and Specific Plan amendment areas will remain undeveloped.

The industrial commerce center buildings have been designed with a combination of office and industrial areas. Building No. 1 will contain approximately 151,618 square feet of floor area, Building No. 2 will contain approximately 196,336 square feet of floor area, and Building No. 3 will contain approximately 192,895 square feet of floor area. Each building project will construct the necessary on -site and off-site improvements required by city standards.

Each building will have a gate-secured truck court. Seventeen (17) loading docks are proposed on the east side of Building No. 1, 26 loading docks are proposed on the west side of Building No. 2, City of Fontana Page 9 of 13 Printed on 7/20/2023
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and 26 loading docks are proposed on the east side of Building No. 3.

The buildings’ tower entry ways, clear float glass, painted bands, reveals, decorative panels, articulated window framing with glazing, and pop-outs provide structural and visual interest. The applicant has incorporated a variety of architectural features on all sides of the buildings to meet or exceed the design guidelines of the Southwest Industrial Park Specific Plan, Slover East Industrial District design guidelines.

The project sites are physically suitable in size and shape to support the development of the proposed industrial commerce buildings. The applicable building codes, zoning codes, and fire codes and standards, will make for a safe, attractive, and well-designed project. As proposed, the project sites are consistent with the standards of the Southwest Industrial Park Specific Plan, Slover East Industrial District. The proposal has been designed to be compatible with the industrial uses to the south and west of the sites, while also providing a development that has been designed with features (architectural relief, added landscaping along the north side of the property, street improvements, and lighting), to enhance the character of the area.

Circulation/Grading
Building No. 1 (Northeast corner of Santa Ana and Oleander Avenue) Access to and from the project site would be provided from one driveway along Citrus Avenue and one from Santa Ana Avenue. Trucks will only have access from Citrus Avenue and regular vehicles will have access from both Citrus Avenue and Santa Ana Avenue. The proposed landscaping would be ornamental in nature and would features trees, shrubs, and drought-tolerant accent plants in addition to a variety of groundcovers. The area of Building No. 1 will drain to the south to a catch basin where it will flow to Santa Ana Avenue. Truck will be traveling south and north on Citrus Avenue to and from the project site to access the 10 freeway. No truck traffic will occur on Santa Ana Avenue.

Building Nos. 2 and 3 (Northeast corner of Santa Ana and Citrus Avenue, Northwest corner of Santa Ana and Oleander Avenue)
Access to and from the project site would be provided from one driveway along Oleander Avenue and one from Santa Ana Avenue for each building. Trucks will only have access from Oleander Avenue and regular vehicles will have access from both Oleander Avenue and Santa Ana Avenue.

The proposed landscaping would be ornamental in nature and would features trees, shrubs, and drought-tolerant accent plants in addition to a variety of groundcovers. The area of Building No. 2 and 3 will drain to the south to a catch basin where it will flow to Santa Ana Avenue. Trucks are restricted to head south on Oleander Avenue to Jurupa Avenue and to Citrus Avenue or Sierra Avenue to access the 10 freeway. No truck traffic will occur on Santa Ana Avenue.

Walls
Building Nos.1 through 3
The project site will have an eight-foot-high sliding gate for the loading areas and a 12-foot-high screen wall surrounding the loading areas. The project does not include any retaining walls.

Industrial Commerce Centers Sustainability Standards
All new industrial commerce building development must meet the requirements of the Industrial City of Fontana Page 10 of 13 Printed on 7/20/2023
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All new industrial commerce building development must meet the requirements of the Industrial Commerce Centers Sustainability Standards ordinance. Based on the standards, truck loading docks, truck entries, and truck drive aisles shall be oriented away from abutting sensitive receptors (schools, preschools, daycare centers, in-home daycares, health facilities such as hospitals) unless it is physically impossible.

The proposed buildings can only be constructed with the proposed layouts, which place truck entries/drive aisles on the northerly sides of the buildings that abut a sensitive receptor (Jurupa Hills high school facilities adjacent on the north of Building 1 and Fontana Adult School to the north of Building 3), and place loading docks abutting a sensitive receptor (Citrus High school facilities to the east of Building 3), for access and circulation reasons. Because Santa Ana Avenue adjacent to the sites is not a truck route, trucks will be required to enter and exit on the north-south streets (Citrus for Building 1, and Oleander for Buildings 2 and 3). Site access/curb cuts are not permitted in proximity to intersections, thus necessitating placement of the truck entries at the northerly portions of the site for each of the buildings. Relative to dock locations, truck queuing of 140 feet total as well as maneuvering requirements necessitate placement of the docks on the easterly sides of Buildings 1 and 2 given the site entrances on the westerly sides. For Buildings 1 and 2, the docks would face vacant land; however, for Building 3, the docks would face a sensitive receptor (Citrus High School field facilities). For each circumstance where access, driveways, and docks would be located in proximity to school facilities, the closest functions occurring on the abutting school properties would be drive aisles, athletic courts/fields, or detention facilities as opposed to classrooms.

When physically impossible, the Director of Planning may approve loading docks, truck entries, and drive aisles to be located nearby sensitive receptors, but site design shall include measures designed to minimize overall impacts to nearby sensitive receptors. For each of the referenced areas, additional wall height to 12’ high and additional landscape screening has been conditioned to be installed along the affected property lines in order to more immediately provide screening and buffering between the industrial and school uses.

SB330
As currently zoned, this property would have allowed for the development of 507 residential units. To comply with California’s Housing Crisis Act of 2019 (SB 330), the project will participate in the City of Fontana Municipal Code Chapter 30 Article XV “No Net Loss Density Bonus/Replacement Program.” The 507 units will be available as density bonuses for other residential properties throughout the city.

The program will enable, on a first come, first served basis, density bonuses of up to 20% on other residential parcels until the 507 residential units are reclaimed within future planned residential projects.

Pursuant to FMC section 30-967, the Unit Bank cannot exceed 2,200 units. The Unit Bank currently has 1,280 units (pending ordinance effective dates). The project’s 507 units will be added to the Unit Bank increasing the number of units in the Unit Bank to 1,787, which is less than the 2,200 units authorized by the FMC.

Environmental:

A Draft Environmental Impact Report (Draft EIR) was circulated for the 45-day public review period on November 10, 2022, with the review period closing on May 22, 2023. The document was City of Fontana Page 11 of 13 Printed on 7/20/2023
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submitted to the State Clearinghouse for notification to State agencies for comment (SCH No. 2022110389). The Planning Commission conducted a public hearing on the DEIR on April 18, 2023, to receive public comments, and prior to the end of the comment period of May 22, 2023, the City received comments on the Draft EIR from public agencies, organizations, and individuals; responses to these comments are included in the Final EIR, which consists of the Draft EIR, comments and responses to comments on the Draft EIR, a list of those commenting on the Draft EIR, a Statement of Overriding Consideration, and related Findings. To approve the project, the City Council must adopt a Statement of Overriding Considerations identifying that the project benefits override or outweigh the project’s identified unavoidable environmental impacts (greenhouse gas emissions, noise, and transportation) which have been prepared and are attached with the specific mitigation monitoring and reporting program, for the City Council. The project California Environmental Quality Act (CEQA) environmental documents can be viewed at
https://www.fontanaca.gov/2137/Environmental-Documents
<https://www.fontana.org/2137/Environmental-Documents>.

FISCAL IMPACT:

Part No. 1 - None
Part No. 2 - None.

Part No. 3 - The project includes development agreement that provides for a public benefit fee of $2,298,608.25.

MOTION:

Approve staff’s recommendation.

ATTACHMENTS:

Attachment No. 1 (Part No. 1) Resolution to Certify EIR Attachment No. 2 (Part No. 1) Resolution for General Plan Amendment Attachment No. 3 (Part No. 1) Community Mobility and Circulation Attachment No. 4 (Part No. 1) Downtown Area Plan
Attachment No. 5 (Part No. 1) Land Use, Zoning, and Urban Design Attachment No. 6 (Part No. 1) Ordinance for Zoning Code Amendments Attachment No. 7 (Part No. 1) Ordinance for Zoning Code Amendments - Exhibit A Attachment No. 8 (Part No. 1) Downtown Fontana Development Guidebook Attachment No. 9 (Part No. 1) Planning Commission Package, MCN22-118 Attachment No. 10 (Part No. 1) Public Hearing Notice
Attachment No. 11 (Part No. 2) City Council Resolution for GPA, SPA, TPM, ASP, DR Attachment No. 12 (Part No. 2) Planning Commission Package, MCN22-084 Attachment No. 13 (Part No. 2) Draft Planning Commission Minutes from June 20, 2023 Attachment No. 14 (Part No. 2) City Council Public Hearing Notice_MCN22-084 Attachment No. 15 (Part No. 3) Resolution to Certify EIR Attachment No. 16 (Part No. 3) Resolution for GPA, TPM, DR Attachment No. 17 (Part No. 3) Ordinance for Zone Change Attachment No. 18 (Part No. 3) Ordinance for SPA
Attachment No. 19 (Part No. 3) Ordinance for DA
City of Fontana Page 12 of 13 Printed on 7/20/2023
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Attachment No. 20 (Part No. 3) Planning Commission Package, MCN22-053 Attachment No. 21 (Part No. 3) Draft Planning Commission Minutes from June 20, 2023 Attachment No. 22 (Part No. 3) City Council Public Hearing Notice_MCN22-053 City of Fontana Page 13 of 13 Printed on 7/20/2023
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ATTACHMENT NO. 1 1
RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT, CERTIFYING THE

DOWNTOWN CORE PROJECT FINAL ENVIRONMENTAL IMPACT
REPORT (SCH #2022110624), ADOPTING THE MITIGATION

MONITORING AND REPORTING PROGRAM, AND APPROVING THE
PROJECT.

WHEREAS, the Downtown Core Project is a proposal to increase housing and mixed uses with associated facilitative development standards in the Downtown and is evaluated in the Downtown Core Project Final Environmental Impact Report (“EIR”); and WHEREAS, the Project consists of an approximately 478 acres property and is is bounded by Foothill Boulevard on the north, Randall Avenue on the south, Juniper Avenue on the west, and Mango Avenue on the east; and
WHEREAS, the Project requires approvals of a General Plan Amendment (GPA No. 22-010) to amend Chapter 9, 14 and 15 of the General Plan and modify the Land Use Map and Hierarchy of Streets Plan, and a Zone Change Application (ZCA No. 22-010) to make map/figure and text changes to the Zoning and Development Code (Form-Based Code section) to establish the Downtown Core with uses and development standards that will increase housing density and mixed and commercial uses to create a vibrant and walkable Downtown; and
WHEREAS, pursuant to section 21067 of the Public Resources Code, and section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City of Fontana is the lead agency for the proposed Project; and WHEREAS, in accordance with State CEQA Guidelines section 15082, on November 18, 2022, the City sent to the Office of Planning and Research and each responsible and trustee agency a Notice of Preparation (“NOP”) stating that an Environmental Impact Report (State Clearinghouse Number #2022110624 would be prepared; and
WHEREAS, four (4) comment letters were received in response to the NOP; and WHEREAS, pursuant to Public Resources Code section 21083.9 and State CEQA Guidelines sections 15082(c) and 15083, the City held a duly noticed Scoping Meeting on December 14, 2022, to solicit comments on the scope of the environmental review of the proposed Project and, additional comments were received; and WHEREAS, a Draft Environmental Impact Report (“Draft EIR”) was prepared, incorporating comments received in response to the NOP; and 818
2 WHEREAS, the Draft EIR determined that mitigation measures were required to mitigate impacts to a less than significant level for the following resource areas:

Aesthetics, Biological Resources, Cultural Resources, Energy, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Population and Housing, Public Services, Transportation, Tribal Cultural Resources, Utilities and Services Systems, and Wildlife; and
WHEREAS, the Draft EIR further concluded that despite the incorporation of all feasible mitigation measures, the proposed Project would nonetheless result in significant and unavoidable impacts relating to Air Quality, Greenhouse Gas Emission and Noise; and
WHEREAS, in accordance with State CEQA Guidelines section 15085, a Notice of Availability was prepared and filed with the Office of Planning and Research on May 10, 2023; and
WHEREAS, as required by State CEQA Guidelines section 15087(a), the City provided the Notice of Availability of the Draft EIR to the public at the same time that the City sent Notice of Completion to the Office of Planning and Research, on May 10, 2023; and
WHEREAS, during the public comment period, copies of the Draft EIR and technical appendices were available for review and inspection at City Hall and on the City’s website; and
WHEREAS, pursuant to State CEQA Guidelines section 15087(e), the Draft EIR was circulated for at least a 45-day public review and comment period from May 10, 2023 to June 26, 2023; and
WHEREAS, during the public review and comment period, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies, and others pursuant to State CEQA Guidelines section 15086; and WHEREAS, the City received three (3) written comment letters on the Draft EIR; and
WHEREAS, on July 18, 2023, the Planning Commission conducted the public hearing to consider the Draft EIR and proposed General Plan Amendments and Zoning Code Amendment, for the Project. After hearing all relevant testimony from staff, the public and the City’s consultant team, the Planning Commission voted to recommend that the City Council certify the EIR for the Project; and
WHEREAS, pursuant to Public Resources Code section 21092.5, the City provided copies of its responses to commenting public agencies at least ten (10) days prior to the City’s consideration of the Final EIR on July 25, 2023; and 819
3 WHEREAS, on July 7, 2023, the City noticed the Final EIR (“Final EIR”) which consists of the Draft EIR, all technical appendices prepared in support of the Draft EIR, all written comment letters received on the Draft EIR, written responses to all written comment letters received on the Draft EIR, and errata to the Draft EIR and technical appendices; and
WHEREAS, the “EIR” consists of the Final EIR and its attachments and appendices, as well as the Draft EIR and its attachments and appendices (as modified by the Final EIR); and
WHEREAS, all potentially significant adverse environmental impacts were sufficiently analyzed in the EIR; and
WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the Project; and
WHEREAS, all of the requirements of the Public Resources Code and the State CEQA Guidelines have been satisfied by the City in connection with the preparation of the EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project have been adequately evaluated; and WHEREAS, the EIR prepared in connection with the Downtown Core Project sufficiently analyzes the Project’s potentially significant environmental impacts and the EIR analyzes a range of feasible alternatives capable of reducing these effects to an even lesser level of significance; and
WHEREAS, the City has made certain findings of fact, as set forth in Exhibit A to this Resolution, attached hereto and incorporated herein, based upon the oral and written evidence presented to it as a whole and the entirety of the administrative record for the Project, which are incorporated herein by this reference; and WHEREAS, the City finds that environmental impacts that are identified in the EIR as less than significant and do not require mitigation are described in Section 2.2 of Exhibit A; and
WHEREAS, the City finds that environmental impacts that are identified in the EIR that are less than significant with incorporation of mitigation measures are described in Section 2.3 of Exhibit A; and
WHEREAS, the City finds that even with the incorporation of all feasible mitigation measures, the environmental impacts that are identified in the EIR that are significant and unavoidable are described in Section 2.4 of Exhibit A; and WHEREAS, the cumulative impacts that would result from the proposed Project identified in the EIR and set forth herein, are described in Section 2.5 of Exhibit A; and 820
4 WHEREAS, the significant irreversible environmental changes which would be caused by the Project identified in the EIR are described in Section 2.6 of Exhibit A; and WHEREAS, the growth-inducing impacts which would be caused by the Project identified in the EIR are described in Section 2.7 of Exhibit A; and WHEREAS, alternatives to the proposed Project that might further reduce the already less than significant environmental impacts are described in Section 2.8 of Exhibit A; and
WHEREAS, a statement of overriding considerations is set forth in Section 3.0 of Exhibit A; and
WHEREAS, all the mitigation measures identified in the EIR and necessary to reduce the potentially significant impacts of the proposed Project to a level of less than significant are set forth in the Mitigation Monitoring and Reporting Program (MMRP) in Exhibit B to this Resolution, attached hereto and incorporated herein; and WHEREAS, prior to taking action, the City has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including but not limited to the EIR, and all oral and written evidence presented to it during all meetings and hearings; and
WHEREAS, the EIR reflects the independent judgment of the City and is deemed adequate for purposes of making decisions on the merits of the Project; and WHEREAS, no comments made in the public hearings conducted by the City and no additional information submitted to the City have produced substantial new information requiring recirculation of the EIR or additional environmental review of the Project under Public Resources Code section 21092.1 and State CEQA Guidelines section 15088.5; and
WHEREAS, on July 25, 2023, the City Council conducted a duly noticed public hearing on this Resolution, at which time all persons wishing to testify were heard and the Project was fully considered; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FONTANA:

SECTION 1. The above recitals are true and correct and incorporated herein by reference.
821
5 SECTION 2. The City Council hereby finds that it has been presented with the EIR, which it has reviewed and considered, and further finds that the EIR is an accurate and objective statement that has been completed in full compliance with CEQA and the State CEQA Guidelines. The City Council finds that the EIR reflects the independent judgment and analysis of the City. The City Council declares that no evidence of new significant impacts or any new information of “substantial importance” as defined by State CEQA Guidelines section 15088.5, has been received by the City after circulation of the Draft EIR that would require recirculation. Therefore, the City Council hereby certifies the EIR based on the entirety of the record of proceedings.

SECTION 3. The City Council hereby adopts the “CEQA Findings of Fact” which were prepared in accordance with State CEQA Guidelines sections 15091 and which are attached hereto as Exhibit A and incorporated herein by this reference.

SECTION 4. Pursuant to Public Resources Code section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit B and incorporated herein by this reference. Implementation of the Mitigation Measures contained in the Mitigation Monitoring and Reporting Program is hereby made a condition of approval of the Project. In the event of any inconsistencies between the Mitigation Measures set forth in the EIR or the Findings of Fact and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control.

SECTION 5. Based upon the entire record before it, including the EIR, Findings of Fact, and all written and oral evidence presented, the City Council hereby approves the proposed Project.

SECTION 6. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at City of Fontana Planning Department, 8353 Sierra Avenue, Fontana, CA 92335. The custodian for these records is Alejandro Rico, Associate Planner. This information is provided pursuant to Public Resources Code section 21081.6.

SECTION 7. City staff shall cause a Notice of Determination to be filed and posted with the County Clerk and the State Clearinghouse within five working days of the adoption of this Resolution.

APPROVED AND ADOPTED this 25th day of July, 2023.

READ AND APPROVED AS TO LEGAL FORM:
_______________________
City Attorney
ATTEST:
822
6 I, Germaine Key, City Clerk of the City of Fontana and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting thereof, held on the 25th day of July, 2023, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
City Clerk of the City of Fontana
________________________________
Mayor of the City of Fontana
ATTEST:
________________________________
City Clerk
823
Exhibit A
Findings of Fact and Statement of Overriding Considerations Regarding the Environmental Effects of the Approval of the:

Downtown Core Project
State Clearinghouse No. 2022110624
Lead Agency
City of Fontana
Community Development Department
18353 Sierra Avenue
Fontana, CA 92335
CEQA Consultant:

De Novo Planning Group
180 East Main Street, Suite 108
Tustin, CA 92780
July 15, 2023
824
Downtown Core Project
Findings of Fact and Statement of Overriding Considerations SCH No. 2022110624 i
Table of Contents
Section Page

1.0 Introduction ..........................................................................................................................1

1.1 Project Summary..................................................................................................... 1

1.2 City of Fontana Actions Covered By the EIR ........................................................... 6

1.3 Environmental Review and Public Participation..................................................... 7

2.0 Environmental Impacts and Findings ......................................................................................9

2.1 General Findings ..................................................................................................... 9

2.2 Impacts Identified in the Initial Study (IS) or EIR as No Impact or Less than Significant Not Requiring Mitigation ................................................ 10

2.3 Impacts Identified in the EIR as Potentially Significant that Have been Mitigated to a Level of Less than Significant...................................... 60

2.4 Impacts Identified in the EIR as being Significant and Unavoidable .................... 80

2.5 Cumulative Impacts ............................................................................................ 108

2.6 Significant Irreversible Environmental Changes Which Would Be Caused by the Proposed Project Should It Be Implemented.............................. 124

2.7 Growth-Inducing Impacts of the Proposed Project............................................ 126

2.8 Project Alternatives ............................................................................................ 130

3.0 Statement of Overriding Considerations.............................................................................156

4.0 Additional Facts on Record.................................................................................................157

4.1 Adoption of a Monitoring Plan for Mitigation Measures................................... 157

4.2 Custodian of Record............................................................................................ 157 825
Downtown Core Project
Findings of Fact and Statement of Overriding Considerations SCH No. 2022110624 1 1.0 Introduction
The City Council of the City of Fontana ( the “City Council”) in approving the Downtown Core Project (the “Project”), makes the Findings presented herein. The Findings are based upon the entire record before the City Council, as described in Subsection 1.3 below, including the Environmental Impact Report (“EIR”) prepared for the Downtown Core Project on behalf of the City of Fontana (the “City”) acting as Lead Agency under the California Environmental Quality Act (“CEQA”).

Hereinafter, the Notice of Preparation, Notice of Availability, Draft EIR, Technical Studies, Final EIR (containing responses to public comments on the Draft EIR and textual revisions to the Draft EIR), and the Mitigation Monitoring and Reporting Program will be referred to collectively herein as the “EIR” unless otherwise specified.

1.1 Project Summary
The project evaluated herein is the Downtown Core Project.

1.1.1 Project Location
The City of Fontana is located in southern San Bernardino County, approximately 50 miles east of the City of Los Angeles. Surrounding communities are the cities of Rancho Cucamonga and Ontario to the west, the city of Rialto and the unincorporated community of Bloomington to the east, the city of Jurupa Valley to the south, and the San Gabriel Mountains and San Bernardino National Forest to the north. The Project Area encompasses approximately 478 acres bounded by Foothill Boulevard on the north, Randall Avenue on the south, Juniper Avenue on the west, and Mango Avenue on the east.

1.1.12 Project Background
The City of Fontana adopted the "Fontana Forward" 2015-2035 General Plan update in 2018. As part of that update, the City Council approved Chapter 14, Downtown Area Plan. The goal of Chapter 14, Downtown Area Plan is to create a vibrant, walkable, mixed-use area with high quality housing and retail options. The Form Based Code (FBC) (Municipal Code Chapter 30, Article III) was created and adopted in 2019 as part of the Zoning and Development Code to implement Chapter 14, Downtown Area Plan. The City is seeking to improve the FBC in the Project Area with straightforward development guidelines, a stronger residential presence, more support for mixed-uses, a streamlined development process, and development incentives exclusive to the Project Area.

To realize their vision of making Downtown Fontana a lively mixed-used destination, the City has also identified the opportunity to reduce constraints associated with the development of housing 826
Downtown Core Project
Findings of Fact and Statement of Overriding Considerations SCH No. 2022110624 2 in the Project Area as a primary opportunity to initiate redevelopment of Downtown Fontana. To help provide additional housing opportunities within the Project Area, the City applied for and was awarded a Senate Bill 2 (SB 2) Planning Grant in 2020. The scope of work for the SB 2 grant is focused on the Project Area with the primary goals to:
 Identify opportunity areas for housing density increases.  Streamline review and approval for housing.
 Identify and eliminate constraints to building housing.  Create clear and concise development and design standards.

The Downtown Fontana Development Guide (one of the deliverables associated with the SB 2 Planning Grant) is being developed to provide recommended changes to the FBC, objective development standards, expedited review guidelines, and development impact fee incentives.

The recommended changes to the FBC and their implementation, described further below, is the subject of this EIR.

1.1.13 Project Description
The Downtown Core Project proposes amendments to the Fontana Forward General Plan (General Plan) Chapter 9, Community Mobility and Circulation, Chapter 14, Downtown Area Plan, and Chapter 15, Land Use, Zoning, and Urban Design, including establishing a new land use category and text and figure modifications, a General Plan Land Use Map amendment to apply the new land use category, and amendments to the Zoning and Development Code and an amendment to the Zoning District Map to establish and implement new FBC districts within the Project Area, as described below.

General Plan Text and Map Amendments
Chapter 9: Community Mobility and Circulation. The Project proposes to modify the existing circulation within the Project Area specific to Nuevo Avenue, Wheeler Avenue, and Sierra Avenue; refer to the Project Area Circulation and Parking discussion below. General Plan Chapter 9, Exhibit 9.2 would be amended to modify the roadway functional class for Nuevo Avenue and Wheeler Avenue to downtown corridor, and to remove the roadway functional class for Sierra Avenue between Arrow Boulevard and Orange Way; related text modifications would also occur for consistency.

Chapter 14: Downtown Area Plan. Modifications to text and graphics would occur within Chapter 14 to be consistent with the proposed modifications to Chapter 9 and 15.

Chapter 15: Land Use, Zoning, and Urban Design. The Project proposes to amend General Plan Chapter 15, Exhibit 15.10 to include the addition of a new WMXU-3: Walkable Mixed-Use Downtown Core (0.2-2.0 Commercial FAR, 2.1-70 du/ac) land use category. Text modifications 827
Downtown Core Project
Findings of Fact and Statement of Overriding Considerations SCH No. 2022110624 3 would also occur within other areas of Chapter 15 as needed to incorporate the WMXU-3 land use category.

General Plan Land Use Map. The General Plan Land Use Map would be amended to apply the WMXU-3: Walkable Mixed-Use Downtown Core (0.2-2.0 Commercial FAR, 2.1-70 du/ac) land use category within the Project Area.

Zoning and Development Code Amendments
Zoning and Development Code Chapter 30, Article III, Form-Based Code, would be amended to incorporate six new FBC districts, described below, including permitted land uses, increased densities and development standards by zoning district, building types, frontage types, general regulations, design and architectural regulations, private open space types, and public open space standards specific to each new FBC District. Article IV, Zoning Districts, Section 30-405, Section 30-406, and Table No. 30-408 would also be amended to incorporate the Downtown Core and associated land use districts. The Fontana Zoning District Map would be amended to incorporate the Downtown Core.

The Project proposes the following six new FBC districts:

Civic Core. The Civic Core district would involve a mix of existing and new public uses, including the existing City Hall, Library, and Park spaces. Building heights would be a maximum of 70 feet.

Gateway Core. The Gateway Core district would develop strong gateways along Sierra Avenue and serve as a primary gateway to Downtown Fontana from the north and south. This area would contain a mix of existing and new buildings and would support Downtown commercial uses by encouraging the development of residential units near transit and along major corridors. Building heights would be a maximum of 70 feet with a 55-foot maximum adjacent to street corners, and a 35-foot maximum adjacent to Sierra Avenue. First floor commercial uses would be allowed anywhere in the district, and density bonuses would be provided as an incentive for including optional commercial uses.

Multi-Family Core. The Multi-Family Core district would strengthen the opportunity for higher density multi-family development within the Downtown Core. It would support Downtown commercial uses by encouraging the development of residential units within walking distance.

Building heights would be a maximum of 55 feet. Density bonuses would be provided as an incentive for lot assemblages of at least one acre.

Mixed-Use Core. The Mixed-Use Core district would involve a mix of existing and new commercial and residential uses. Buildings built along major corridors would be built to the sidewalk to reinforce the street as a pedestrian-friendly area. Building heights would be a maximum of 55 828
Downtown Core Project
Findings of Fact and Statement of Overriding Considerations SCH No. 2022110624 4 feet. First floor commercial uses would be allowed anywhere in the district and required on Nuevo Avenue between Orange Avenue and Arrow Boulevard, on Wheeler Avenue between Orange Avenue and Arrow Boulevard, and Arrow Boulevard between Juniper Avenue and Wheeler Avenue. Density bonuses would be provided as an incentive for including optional commercial uses.

Neighborhood Core. The Neighborhood Core district would be largely composed of single-family homes and would allow the development of extra units. This area would provide a transition between the Downtown and the surrounding neighborhoods. Building heights would be a maximum of 40 feet. Density bonuses would be provided as an incentive for lot assemblages of at least one acre.

Sierra Core. The Sierra Core district would reinforce Sierra Avenue between Arrow Boulevard and Orange Way as the core of Downtown Fontana. This area would be enhanced with a pedestrian promenade and public plazas, and provide a variety of entertainment, retail, service, and residential uses within existing and new buildings. Building heights would be a maximum of 70 feet, with a 55-foot maximum adjacent to street corners, and a 35-foot maximum adjacent to Sierra Avenue. First floor commercial uses would be required.

Project Area Circulation and Parking
The Project Area planned circulation would provide a more “walkable” environment, designed to incorporate traffic calming measures to reduce traffic speeds, enhance pedestrian safety, and promote walkability of the area, specifically along Sierra Avenue. Traffic-calming methods could include corner bump-outs, parallel parking areas, sidewalk expansion, bike lanes and enhanced intersection paving areas.

To enhance the pedestrian experience and promote walkability, the Project proposes to ultimately close a quarter-mile portion of Sierra Avenue to vehicular traffic. This would occur in two phases. Phase I (interim condition) would reduce the number of travel lanes on Sierra Avenue from two lanes in each direction to one lane in each direction, convert Wheeler Avenue to a oneway northbound street, and convert Nuevo Avenue to a one-way southbound street. Phase II (the ultimate condition) would close Sierra Avenue between Arrow Boulevard and Orange Way to vehicular traffic, diverting traffic to parallel streets.

The Project Area would include parking opportunities through incorporation of various design solutions, including on-street parking, public surface lots, on-site commercial and residential parking opportunities, parking structures, and tuck under parking. 829
Downtown Core Project
Findings of Fact and Statement of Overriding Considerations SCH No. 2022110624 5 1.1.14 Project Objectives
The City has identified that the primary purpose of the proposed Project is to increase the number of high-quality housing development approvals in the Project Area and allowing for commercial uses to create a dynamic Downtown. Additionally, the City has identified the following Project objectives:
 Provide for new residential development opportunities in order to meet the goals of the SB 2 Planning Grant.
 Establish FBC districts that encourage housing and supporting commercial development.  Create and apply a new land use category for the Project Area to provide consistency and allow for development at the densities and intensities needed to implement the FBC districts.
 Enhance the pedestrian experience and promote walkability, by ultimately closing a quarter-mile portion of Sierra Avenue to vehicular traffic.  Provide objective development standards that would facilitate permitting of housing projects.
 Create a Downtown Fontana Development Guide to serve as a "how-to" guide for the development community so that the City can realize its vision for the Downtown.  Implement the following goals, policies, and/or actions from the General Plan:
o Support regulations that promote creation of compact and walkable urban villagestyle design in new developments (Chapter 4: Community and Neighborhoods). o Support revitalization of the central area of the city with an integrated approach, including mixed-use development, infill housing, infrastructure improvements, interconnections and placemaking programs that create great public amenities (Chapter 4: Community and Neighborhoods).
o Continue to ensure excellent management of non-single-family housing (Chapter 4: Community and Neighborhoods).
o Make land use decisions that support walking, bicycling, and public transit use, in alignment with the 2016-2040 Regional Transportation Plan and Sustainable Communities Strategy (Chapter 9: Community, Mobility and Circulation). o Encourage a mix of uses in the downtown core, appealing to a wide range of customer types, with a focus on families (Chapter 14: Downtown Area Plan). o Encourage mixed-use development within the Downtown and along major corridors (Chapter 14: Downtown Area Plan).
o Encourage new “in-town” housing types targeted to young people and young families to help attract and retain the next generation of Fontanans (Chapter 14:

Downtown Area Plan).
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Downtown Core Project
Findings of Fact and Statement of Overriding Considerations SCH No. 2022110624 6 o Ensure that future street improvements to Foothill and Arrow Boulevards and Sierra Avenue improve the appearance and pedestrian environment while accommodating traffic flows (Chapter 14: Downtown Area Plan). o Locate multi-family development in mixed-use centers, preferably where there is nearby access to retail, services, and public transportation (Chapter 15: Land Use, Zoning, and Urban Design).
o Promote interconnected neighborhoods with appropriate transitions between lower-intensity and higher-intensity land uses (Chapter 15: Land Use, Zoning, and Urban Design).
o Promote revitalization and redevelopment of downtown and older neighborhoods in the central area of the city (Chapter 15: Land Use, Zoning, and Urban Design).
o Transform downtown into a vibrant local and regional destination (Chapter 15:

Land Use, Zoning, and Urban Design).
o Promote a land use pattern that provides connections among land uses and a mixture of land uses (Chapter 15: Land Use, Zoning, and Urban Design). o Support high-quality development in design standards and in land use decisions (Chapter 15: Land Use, Zoning, and Urban Design).

1.2 City of Fontana Actions Covered By the EIR
The City of Fontana, as the Lead Agency for future development and improvements within the Project Area, has discretionary authority over the proposed Project that includes, but is not limited to, the following:

General Plan Amendment. Recommendation by the City Planning Commission and approval by the City Council to revise Exhibit 9.2, Hierarchy of Streets, to reflect new roadway classifications for Sierra, Nuevo, and Wheeler and add related text to Chapter 9, Community Mobility and Circulation Element; create and incorporate the WMXU-3 land use category into Chapter 15, Land Use, Zoning, and Urban Design Element and associated text, table, and exhibit revisions and change the land use categories of specific parcels within the Project Area; and to make additional text and graphic amendments to Chapter 14, Downtown Area Plan and throughout the General Plan for consistency.

Zoning Code Amendment. Recommendation by the City Planning Commission and approval by the City Council to amend Zoning and Development Code Chapter 30, Article III, Form-Based Code, to incorporate six new FBC districts and updated development standards; and amend Article IV, Zoning Districts, Table No. 30-408 to add the new Walkable Mixed-Use Downtown Core land use category.
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Downtown Core Project
Findings of Fact and Statement of Overriding Considerations SCH No. 2022110624 7 The following approvals would be considered as subsequent actions associated with future development and improvements are proposed within the Project Area:

Design Review/Administrative Site Plan Review. Individual site plans within the Project Area would be subject to review of plans and approval by the City.

Conditional Use Permits/Minor Use Permit. Development of certain uses within the Project Area require approval of a conditional use permit by the City Planning Commission and Minor Use Permit approved by the Director of Planning.

Tentative Parcel or Tract Maps. Individual tentative parcel or tract maps and master plans may also be processed at a future time for smaller parcels with particular development characteristics or needs within the Project Area.

Grading Permits. Future grading for development within the Project Area would be subject to the review of grading plans and issuance of grading permits by the City.

Building Permits. Future construction of structures within the Project Area would be subject to the review of architectural plans and approval of building permits by the City.

1.3 Environmental Review and Public Participation
The City conducted an extensive environmental review of the Downtown Core Project to ensure that the City’s decision makers and the public are fully informed about potential significant environmental effects of the Project; to identify ways that environmental damage can be avoided or significantly reduced; to prevent significant, avoidable damage to the environment by requiring changes in the Project through the use of mitigation measures and project design requirements which have been found to be feasible; and to disclose to the public the reasons why the City has initiated the Project in the manner chosen in light of the significant environmental effects which have been identified in the EIR. In order to do this, the City, acting as lead agency under CEQA, undertook the following:
 Prepared a Notice of Preparation to provide responsible agencies, trustee agencies, and other interested parties with information describing the proposed Project and its potential environmental effects. The Notice of Preparation identified the environmental issues to be analyzed in detail in the EIR as: Aesthetics, Air Quality, Agricultural and Forestry Resources, Biological Resources, Cultural Resources, Energy, Geology & Soils, Greenhouse Gas Emissions, Hazards & Hazardous Materials, Hydrology & Water Quality, Land Use & Planning, Mineral Resources, Noise, Population and Housing, Public Services, Parks & Recreation, Transportation & Traffic, Tribal Cultural Resources, Utilities & Service Systems, Wildfire, and Mandatory Findings of Significance. The Notice of Preparation was sent to the Governor’s Office of Planning and Research (the “State Clearinghouse”), 832
Downtown Core Project
Findings of Fact and Statement of Overriding Considerations SCH No. 2022110624 8 Responsible Agencies, Trustee Agencies, and other interested parties on November 30, 2022, for a public review period ending January 3, 2023;  Held a publicly noticed EIR Scoping Meeting on December 14, 2022 using an internetbased virtual platform (Zoom);  Mailed a Public Hearing Notice and Notice of Availability of a Draft EIR to all Responsible Agencies, Trustee Agencies, and other interested parties on May 9, 2023 to inform recipients that the Draft EIR was available for a 45-day review period beginning on May 10, 2023 and ending on June 26, 2023, and a Planning Commission Meeting was scheduled for June 6, 2023 at 6:00 p.m., to solicit comments on the Draft EIR.  Made the Public Hearing Notice and Notice of Availability of a Draft EIR available to the public on the City’s website;
 Submitted a Public Hearing Notice and Notice of Availability of a Draft EIR to the State Clearinghouse on May 10, 2023;
 Published the Public Hearing Notice and Notice of Availability of a Draft EIR in the Fontana Herald News, which is the newspaper of general circulation in the area of the Downtown Core Project on July 7, 2023.
 Prepared responses to comments on the Draft EIR received during the 45-day comment period on the Draft EIR, which have been included in the Final EIR;  Published a notice on July 7, 2023, in the Fontana Herald News, the newspaper of general circulation in the area of the Downtown Core Project, that the Planning Commission would hold a public hearing on July 18, 2023, to consider the Downtown Core Project and EIR for recommendation to the City Council;
 Sent written responses to comments to all public agencies, organizations, and individuals who submitted comments the Draft EIR on July 12, 2023 (three comment letters were received);
 Published a notice on July 7, 2023, in the Fontana Herald News, the newspaper of general circulation in the area in the area of the Downtown Core Project, that the City Council would hold a public hearing on July 25, 2023, to consider approval of the Downtown Core Project and certification of the EIR;
 Held a public hearing of the City Council on July 25, 2023, and, after full consideration of all comments, written and oral, certified that the Final EIR had been completed in compliance with CEQA and approved the Shea and Acacia Projects.

All of the documents identified above and all of the documents which are required to be part of the administrative record pursuant to Public Resources Code Section 21167.6(e) are on file with the City of Fontana Community Development Department, 8353 Sierra Avenue, Fontana, CA 92335.
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9 2.0 Environmental Impacts and Findings

2.1 General Findings

2.1.1 Independent Judgment Finding
Finding: The EIR for the Project reflects the City’s independent judgment and analysis.

Facts in Support of the Finding: The EIR was prepared by De Novo Planning Group, an independent, professional consulting firm hired by the City and working under the supervision and direction of the City’s Planning Department staff. The City Council, as the City’s final decisionmaking body for the Downtown Core Project, received and reviewed the EIR and the comments, written and oral, provided by public agencies and members of the public prior to certifying that the EIR complied with CEQA. The professional qualifications and reputation of the EIR Consultant, the supervision and direction of the EIR Consultant by City staff and its consultants, the thorough and independent review of the Draft EIR and Final EIR, including comments and responses, by City staff, and the review and careful consideration of the Final EIR by the City Council, including comments and responses, all conclusively show that the Final EIR is the product of and reflects the independent judgment and analysis of the City as the Lead Agency, and of the City Council as the decision-making body for the Project.

2.1.2 Finding of the Absence of any Need to Recirculate the EIR Finding: The Final EIR does not add significant new information to the Draft EIR that would require recirculation of the Draft EIR.

Facts in Support of the Finding: The City Council recognizes that the Final EIR incorporates information obtained and produced after the Draft EIR was completed and that the Final EIR contains additions, clarifications, and minor modifications to the Draft EIR. The City Council has reviewed and considered the Final EIR and all of the information contained in it and has determined that the new information added to the Final EIR does not involve a new significant environmental impact, a substantial increase in the severity of an environmental impact, nor a feasible mitigation measure or an alternative considerably different from others previously analyzed that would clearly lessen the significant environmental impacts of the Downtown Core Project. No information provided to the City Council indicates that the Draft EIR was inadequate or conclusory or that the public was deprived of a meaningful opportunity to review and comment on the Draft EIR.

2.1.3 General Finding on Mitigation Measures
It is the City’s intent to adopt and implement all mitigation measures identified in the EIR which are applicable to the Downtown Core Project, which the City finds to consist of all feasible 834
10 measures that reduce the Downtown Core Project’s significant or potentially significant impacts.

If a measure has, through error, been omitted from the Conditions of Approval or from these Findings, and that measure is not specifically reflected in these Findings, that measure shall be deemed to be adopted pursuant to this paragraph. In addition, unless specifically stated to the contrary in these Findings, all Conditions of Approval repeating or rewording mitigation measures recommended in the EIR are intended to be substantially similar to the mitigation measures recommended in the EIR and are found to be equally effective in avoiding or lessening the identified environmental impact. In each instance, the Conditions of Approval contain the final wording for the mitigation measures.

2.2 Impacts Identified in the Initial Study (IS) or EIR as No Impact or Less than Significant Not Requiring Mitigation
The City Council hereby finds that the Downtown Core Project would have either no impact or a less than significant impact under the following resource areas and therefore do not require the imposition of Mitigation Measures:

2.2.1 Aesthetics
A. Would the Project have a substantial adverse effect on a scenic vista? (Draft EIR, Impact

5.1-1, page 5.1-8)
Finding: Less Than Significant Impact
Facts in Support of Finding: The Project Area contains a mix of urban development primarily consisting of one- and two-story buildings. Scenic views within the Project Area include views of the San Gabriel Mountains to the north and the Jurupa Hills to the south, which are intermittently visible from the Project Area due to intervening development within the Project Area and surrounding area. Major north-south trending streets, including Sierra Avenue, Juniper Avenue, and Mango Avenue, generally function as view corridors to the San Gabriel Mountains and Jurupa Hills. However, the Project Area does not extend into the San Gabriel Mountains or Jurupa Hills and would not result in direct changes to these scenic resources.

The Downtown Core Project would create and implement a new General Plan land use category and six new FBC districts specific to the Project Area. The FBC districts would provide for a mix of residential, commercial, and civic uses that support increased activity and interaction within the Project Area through interconnected neighborhoods, an enhanced pedestrian environment, and a variety of housing options with access to retail, services, and public transportation.

Implementation of the Downtown Core Project would result in new development and intensification of existing urban uses that may interfere with existing scenic views of the San Gabriel Mountains and Jurupa Hills. Zoning and Development Code Chapter 30, Article III, Form835 11 Based Code, would be amended to incorporate the six new FBC districts, including permitted land uses, increased densities and development standards by zoning district, building types, frontage types, general regulations, design and architectural regulations, private open space types, and public open space standards specific to each new FBC District. Within the Project Area, maximum building heights would range from 40 feet in the Neighborhood Core, 55 feet in the Multi-Family Core and Mixed-Use Core, and 70 feet within the Civic Core, Gateway Core, and Sierra Core.

However, a 35-foot maximum height would be maintained adjacent to Sierra Avenue and a 55- foot maximum height would be maintained adjacent to street corners within the Gateway Core and Sierra Core. The Gateway Core and Sierra Core comprise the areas wherein views of the San Gabriel Mountains and Jurupa Hills are primarily provided. Height limitations along Sierra Avenue and at the street corners will assist in maintaining these long-range views from the Project Area.

Thus, the Project would not have a substantial adverse effect on a scenic vista and impacts would be less than significant.

B. Would the Project substantially damage scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? (Draft EIR, Threshold b, page 8-1)
Finding: No Impact
Facts in Support of Finding: There are no scenic highways officially designated by Caltrans within or adjacent to the Project Area, and no roadways within the Project Area are currently eligible for scenic highway designation. No impact would occur in this regard.

C. In an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? (Draft EIR, Impact 5.1-2, page 5.1-8 through 5.1-14) Finding: Less Than Significant Impact
Facts in Support of Finding: The City qualifies as being within an “Urbanized Area”. The Downtown Core Project would support and guide future infill development and redevelopment within the Project Area by encouraging a mix of new residential development at varying densities that provide for a mix of housing opportunities within the Project Area. The Project would also support and provide for new non-residential development to support existing and future residential uses.

The Project Area is currently designated P-PF (Public Facilities), P-R (Recreational Facilities), RMFH (Multi-Family High 39.1-50 du/ac), WMXU-1 (Walkable Mixed Use Corridor & Downtown

0.2-2 FAR, 3-39 du/ac), and R-SF (Single Family Residential 2.1-5 du/ac). The Project proposes a General Plan Amendment to introduce the WMXU-3: Walkable Mixed-Use Downtown Core land use category, which supports a density of 2.1-70 dwelling units per acre (du/ac) and 0.2-2.0 836
12 commercial FAR, and to apply the new land use category to a majority of the Project Area. The proposed Project would be consistent with the City’s General Plan goals and policies. Future development associated with implementation of the Downtown Core Project would be guided by the FBC district development standards and the Downtown Fontana Development Guide, which define the desired character and image of development in the Project Area.

The Project proposes to amend Zoning and Development Code Chapter 30, Article III, Form-Based Code, to incorporate six new FBC districts, including permitted land uses, increased densities and development standards by zoning district, building types, frontage types, general regulations, design and architectural regulations, private open space types, and public open space standards specific to each new FBC District. Article IV, Zoning Districts, Section 30-405, Section 30-406, and Table No. 30-408 would also be amended to incorporate the Downtown Core and associated land use districts. The Fontana Zoning District Map would be amended to incorporate the Downtown Core. The Downtown Core Project provides for buildout of the Project Area with up to 11,304 dwelling units and 4.3 million square feet of nonresidential development. Individual development projects would be required to comply with the new FBC district development standards as they define the minimum or baseline standards for urban design. The design guidelines further define the desired character and image of development in the Project Area.

Development standards, and the design and architectural regulations, address a variety of development regulations including, but not limited to, building facades, roofs, signs, mechanical equipment, landscaping, lighting, plazas, pedestrian walkways and courtyards, and parking.

The Fontana Development Code provides for project-specific design review of future development proposals within the City, including the Project Area, which would ensure that development is consistent with the General Plan goals, policies, and actions; the FBC district development standards; and the Downtown Fontana Development Guide regulations. Overall, the Downtown Core Project would not conflict with applicable zoning and other regulations governing scenic quality. Impacts would be less than significant in this regard.

D. Would the Project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Draft EIR, Impact 5.1-3, page 5.1-10 through

5.1-11)
Finding: Less Than Significant Impact
Facts in Support of Finding: Future development accommodated through implementation of the Downtown Core Project could introduce new sources of light or glare with the potential to adversely affect day or nighttime views. Light and glare impacts could result from new light sources such as street lighting, interior and exterior building lighting (including for safety purposes), vehicle headlights, illuminated signage, traffic signals, and new glare sources such as 837
13 reflective building materials, roofing materials, and windows. These new sources of light and glare would be most visible from development along adjacent roadways, and to receptors such as residents and traveling motorists. Light pollution can also interfere with nocturnal wildlife, particularly night-hunting or foraging animals, such as owls, rodents, and others, or lead to skyglow, which interferes with the operation of astronomical observatories.

All lighting installed in future development projects as a result of Project implementation would be subject to conformance with the Fontana General Plan and applicable Development Code requirements. Pursuant to Article II of the Development Code, all future land use and development review applications would undergo site plan and architectural review by the decision-making authority on a project-by-project basis prior to approval. Applicable projects would also undergo CEQA review. If necessary, mitigation would be recommended to reduce potential impacts to a less than significant level. Therefore, implementation of the Project would not result in adverse light and glare impacts. Impacts would be less than significant in this regard.

2.2.2 Agriculture and Forestry Resources
A. Would the Project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (Draft EIR, Threshold a, page 8-1) Finding: No Impact
Facts in Support of Finding: The Project Area is located within an urbanized area and is currently developed with a mix of residential and non-residential uses. The Farmland Mapping and Monitoring Program classifies the Project Area as Urban and Built-Up Land (California Department of Conservation, 2022). The Project Area does not contain any Prime Farmland, Unique Farmland, or Farmland of Statewide Importance pursuant to the Farmland Mapping and Monitoring Program (California Department of Conservation, 2022). Further, the Project Area and surrounding areas are located in an urbanized area that is already disturbed. Therefore, the Project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to a non-agricultural use. No impact would occur in this regard.

B. Would the Project conflict with existing zoning for agricultural use, or a Williamson Act Contract (Draft EIR, Threshold b, page 8-1)
Finding: No Impact
Facts in Support of Finding: The Project Area is located within an urbanized area and is currently developed with a mix of residential and non-residential uses. The Project area is not 838
14 being used for any agricultural purposes, nor is the site under a Williamson Act contract. Further, there are no properties within the surrounding area under agricultural production. Therefore, the Project would not conflict with existing zoning for agricultural use or conflict with a Williamson Act contact. No impact would occur in this regard.

C. Would the Project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? (Draft EIR, Threshold c, page 8-2) Finding: No Impact
Facts in Support of Finding: The Project Area is located within the City’s FBC area, and specifically within the Retail, Civic, Station Area, Downtown Gateway, Transitional, Multi-Family, Neighborhood, and Sierra Gateway districts. The Project Area is not zoned for forest land, timberland, or for timberland production. According to the General Plan, no forest land, timberland, or timberland zoned Timberland Production occurs within the City. The Project Area is urbanized and no forest land, timberland, or timberland production areas are located within or adjacent to the Project Area. Thus, the proposed Project would not conflict with existing zoning for or cause rezoning of forest land, timberland, or timberland zoned Timberland Production. No impact would occur in this regard.

D. Would the Project result in the loss of forest land or conversion of forest land to non-forest use? (Draft EIR, Threshold d, page 8-2)
Finding: No Impact
Facts in Support of Finding: No forest land is located within the Project Area or surrounding area. The Project Area is developed with residential and non-residential uses within an urbanized area. Thus, the proposed Project would not result in the loss of forest land or conversion of forest land into non-forest use. No impact would occur in this regard.

E. Would the Project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? (Draft EIR, Threshold e, page 8-2) Finding: No Impact
Facts in Support of Finding: No farmland or forest land is located within the Project Area or surrounding area. The Project Area is developed with residential and non-residential uses within an urbanized area. Thus, the proposed Project would not result conversion of farmland to 839
15 non-agricultural use or conversion of forest land to non-forest use. No impact would occur in this regard.

2.2.3 Air Quality
A. Would the Project result in other emissions such as those leading to odors adversely affecting a substantial number of people? (Draft EIR, Impact 5.2-4, page 5.2-41) Findings: Less Than Significant Impact
Facts in Support of Finding: Potential sources that may emit odors during construction activities include the use of architectural coatings and solvents. SCAQMD Rule 1113 (Architectural Coatings) limits the amount of VOCs from architectural coatings and solvents.

According to the SCAQMD’s CEQA Air Quality Handbook, construction equipment is not a typical source of odors. Odors from the combustion of diesel fuel would be minimized by complying with the California Air Resources Board (CARB) Airborne Toxic Control Measures (ATCM) that limits diesel-fueled commercial vehicle idling to five minutes at any given location, which was adopted in 2004. Future development accommodated through implementation of the Downtown Core Project would also comply with SCAQMD Rule 402 (Nuisance), which prohibits the emissions of nuisance air contaminants or odorous compounds. Through adherence with mandatory compliance with SCAQMD Rules and State measures, construction activities and materials would not create objectionable odors. Construction of future development would not be expected to generate nuisance odors at nearby air quality sensitive receptors. Therefore, impacts with respect to odors would be less than significant.

According to the SCAQMD’s CEQA Air Quality Handbook, land uses associated with odor complaints typically include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding. The Downtown Core Project create and implement the new WMXU-3: Walkable Mixed-Use Downtown Core land use category and six new FBC districts within the Project Area, which would support higher-density residential and commercial development within the Project Area.

Potential operational airborne odors could be created commercial uses developed within the Project Area. However, compliance with the City’s Municipal Code and SCAQMD’s Rule 402 (Nuisance), which prohibits the emissions of nuisance air contaminants or odorous compounds would reduce potential impacts. The other potential source of odors would be new waste receptacles within the Project Area. The receptacles would be stored in areas and in containers, as required by the City and be emptied on a regular basis, before potentially substantial odors have developed. Consequently, implementation of the Downtown Core Project would not create operational-related objectionable odors affecting a substantial number of people within the City.

Impacts would be less than significant in this regard.
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16 2.2.4 Biological Resources
A. Would the Project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U. S. Fish and Wildlife Service? (Draft EIR, Threshold b, page 8-2)
Finding: No Impact
Facts in Support of Finding: The Project Area is located within an urbanized area and currently developed with residential and non-residential uses. The Project Area consists primarily of developed and/or disturbed land that has been developed, paved, or landscaped, and existing vegetation consists of primarily ornamental and/or nonnative plant species. There are a limited number of non-contiguous undeveloped parcels within the Project Area consisting of disturbed and/or graded areas, some of which may have revegetated with opportunistic weedy species including non-native annual grasses and weedy forbs. No riparian habitat or other sensitive natural communities are located on or adjacent to the Project Area. The City’s General Plan EIR further substantiates that there are no riparian or sensitive habitats known to occur in the Project Area. Therefore, Project implementation would not result in a substantial adverse effect on any riparian habitat or other sensitive natural community.

B. Would the Project have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Draft EIR, Threshold c, page 8-3)
Finding: No Impact
Facts in Support of Finding: According to the United States Fish and Wildlife Service National Wetlands Inventory, the Project Area does not contain any blue-line streams or wetland habitats. Therefore, Project implementation would not result in a substantial adverse effect on State or federally protected wetlands.

C. Would the Project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Draft EIR, Threshold d, page 8-3)
Finding: No Impact
Facts in Support of Finding: The Project Area is currently developed and located within an urbanized area. The General Plan EIR identifies wildlife movement as being limited to an east841 17 west orientation along the foothills of the San Gabriel Mountains north of I-15, outside of the Project Area. There are no wetlands or waters within or surrounding the Project Area. Thus, the Project would not interfere with the movement of any native resident or migratory fish. Further, due to the urbanized nature and the lack of quality biological habitat within and immediately surrounding the Project Area, the Project Area does not function as a migratory wildlife corridor and development of the proposed Project would not interfere with the movement of wildlife or impact wildlife corridors or native wildlife nursery sites.

D. Would the Project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Draft EIR, Impact 5.3-2, page

5.3-13)
Finding: Less Than Significant Impact.

Facts in Support of Finding: Future development accommodated under the Downtown Core Project would be subject to all applicable federal, State, regional, and local policies and regulations related to the protection of biological resources. Fontana Municipal Code Chapter 28, Article III includes regulations for the preservation and protection of heritage, significant, and/or specimen trees within the City, located on both private and public property. The Municipal Code outlines the definition of a “heritage tree,” “significant tree,” and “specimen tree.” A tree removal permit is required for the removal of any heritage, significant or specimen tree. In the event that a removal permit is issued, such trees removed must be replaced. In addition, the Fontana General Plan includes goals, policies, and actions to protect and conserve biological resources.

The Downtown Core Project would not modify the City’s Municipal Code or General Plan goals, policies, and actions specific to the protection of biological resources. Site-specific development is not currently proposed; however, future development projects associated with implementation of the Downtown Core Project would be assessed for consistency with local policies and ordinances, including the Municipal Code and General Plan goals, policies, and actions, as appropriate. Proposed removal of any trees within the Project Area would be reviewed in accordance with Municipal Code Chapter 28, Article III and would be required to comply with the requirements for removal. Thus, the Project would not conflict with any local policies or ordinances protecting biological resources and impacts would be less than significant in this regard.

E. Would the Project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Draft EIR, Threshold f, page 8-3)
842
18 Finding: No Impact
Facts in Support of Finding: The Project Area is urbanized and is not located within the boundaries of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. Thus, the Project would not conflict with any of these plans and no impact would occur.

2.2.5 Cultural Resources
A. Would the Project disturb any human remains, including those interred outside of dedicated cemeteries? (Draft EIR, Impact 5.4-3, page 5.4-15 to 5.4-16) Finding: Less Than Significant Impact
Facts in Support of Finding: Although no conditions exist that suggest human remains are likely to be found in the Project Area, future construction activities could have the potential to disturb or destroy buried Native American human remains as well as other human remains, including those interred outside of formal cemeteries. Health and Safety Code Section 7050.5 to 7055 describe the general provisions for human remains. Specifically, Health and Safety Code Section 7050.5 describes the requirements if any human remains are accidentally discovered during excavation of a site. As required by State law, the requirements and procedures set forth in PRC Section 5097.98 would be implemented, including notification of the County Coroner, notification of the NAHC and consultation with the individual identified by the NAHC to be the “most likely descendant (MLD).” The MLD would have 48 hours to make recommendations to landowners for the disposition of any Native American human remains and grave goods found.

Recommendations would be made for the treatment and disposition of the remains. Thus, compliance with Health and Safety Code Sections 7050.5 to 7055 and PRC Section 5097.98 would ensure that in the event human remains are discovered, the remains would be handled in accordance with applicable laws, and impacts would be less than significant.

2.2.6 Energy
A. Would the Project result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? (Draft EIR, Impact 5.5-1, page 5.5-9 to 5.5-13) B. Would the Project conflict with or obstruct a State or local plan for renewable energy or energy efficiency? (Draft EIR, Impact 5.5-2, page 5.5-9 to 5.5-13) Finding: Less Than Significant Impact
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19 Facts in Support of Finding: The means to achieve the goal of conserving energy include decreasing overall energy consumption, decreasing reliance on natural gas and oil, and increasing reliance on renewable energy sources. In particular, the proposed Project would be considered “wasteful, inefficient, and unnecessary” if it were to violate State and federal energy standards and/or result in significant adverse impacts related to project energy requirements, energy inefficiencies, energy intensiveness of materials, cause significant impacts on local and regional energy supplies or generate requirements for additional capacity, fail to comply with existing energy standards, otherwise result in significant adverse impacts on energy resources, or conflict or create an inconsistency with applicable plan, policy, or regulation.

The City is proposing to create a new focused area in the Downtown Core (Project Area) by creating and implementing a new General Plan land use category and six new FBC districts specific to the Project Area. The Proposed Project would involve amending General Plan Chapter 9, Community Mobility and Circulation, including Exhibit 9.2, Hierarchy of Streets in Fontana, Chapter 14, Downtown Area Plan, and Chapter 15, Land Use, Zoning, and Urban Design, including establishing a new General Plan land use category, amending the General Plan Land Use Map to apply the new land use category, and amending the Zoning and Development Code, including the Zoning District Map. The proposed Project, would in part, provide increased residential development opportunities, consistent with the goals of the SB 2 Planning Grant received by the City.

Although development of the Project Area is not currently proposed, for purposes of the energy analysis, net new development (i.e., development over existing conditions) is considered as part of the proposed Project. The amount of energy used by future development associated with implementation of the proposed Project would directly correlate to the size of the residential and non-residential structures proposed, the energy consumption of appliances, and outdoor lighting. Other major sources of Project energy consumption include fuel used by vehicle trips generated during Project construction and operation, and fuel used by off-road construction vehicles during construction.

Calculated levels of energy use expected for the potential development, based on commonly used modelling software (i.e., CalEEMod v.2020.4.0 and the California Air Resource Board’s EMFAC2021), include:
 Electricity and natural gas used by the Project would be used primarily to power on-site buildings. The Project is estimated to consume 1,381,388 therms of natural gas and 68,753 MWh per year of electricity. Project operational natural gas usage would be a 0.42 percent increase above the County’s typical annual electricity consumption, and an approximate 0..25 percent increase above the county’s typical natural gas consumption.

These increases are minimal in the context of the County as a whole. 844
20  The Project would generate an average of approximately 105,168 net new daily vehicles trips and 662,369 average daily vehicle miles traveled during its operational phase. The Project would generate vehicle trips estimated to use approximately 21,248 gallons of gasoline per day or 7,755,420 gallons of gasoline per year.  Project implementation would also generate on-road vehicle trips during future sitespecific construction activities, totaling 1,122,362 gallons of gasoline fuel and 345,005 gallons of diesel fuel.
 Off-road construction vehicles would use diesel fuel during the construction phase of sitespecific development. Off-road construction vehicles expected to be used during the construction phase include, but are not limited to, cranes, forklifts, generator sets, tractors, excavators, and dozers. Based on the total amount of CO2 emissions expected to be generated, and a CO2 to diesel fuel conversion factor, Project implementation would use up to approximately 941,439 gallons of diesel fuel for off-road construction vehicles during the site preparation and grading phases associated with future development.  The Project contains various land uses, including residential and commercial uses. Under the latest version of the California Title 24 Building Energy Efficiency Standards (2022), effective on January 1, 2023, single-family residential and various commercial uses are required to include on-site solar photovoltaic systems. Therefore, it is anticipated that many of the uses proposed as part of the Project would include on-site solar, including rooftop solar, as required. Overall, it is anticipated that the Project would incorporate renewable energy features which would reduce the Project’s dependence on electricity from the utility grid.

In conclusion, Project implementation would use energy resources for the operation of new residential and non-residential buildings (e.g., electricity and natural gas), for on-road vehicle trips (e.g. gasoline and diesel fuel) generated by the Project (both during project construction and operation), and from off-road construction activities associated with the Project (e.g. diesel fuel). Each of these activities would require the use of energy resources. Future development projects associated with implementation of the proposed Project would be responsible for conserving energy, to the extent feasible, and would be required to comply with Statewide and local measures regarding energy conservation, such as Title 24 building efficiency standards.

The proposed Project would be in compliance with all applicable federal, State, and local regulations regulating energy usage. For example, Southern California Edison (SCE) is responsible for the mix of energy resources used to provide electricity for its customers, and it is in the process of implementing the Statewide Renewable Portfolio Standard (RPS) to increase the proportion of renewable energy within its energy portfolio. Additionally, energy-saving regulations, including the latest State Title 24 building energy efficiency standards, would be applicable to future development within the Project Area. Other statewide measures, including those intended to improve the energy efficiency of the statewide passenger and heavy-duty truck 845
21 vehicle fleet (e.g. the Pavley Bill and the Low Carbon Fuel Standard) are improving vehicle fuel economies, thereby conserving gasoline and diesel fuel. These energy savings would continue to accrue over time.

As a result, the proposed Project would not result in any significant adverse impacts related to Project energy requirements, energy use inefficiencies, and/or the energy intensiveness of materials by amount and fuel type for each stage of the Project including construction, operations, maintenance, and/or removal. Both SCE, the electricity provider to the site, and Southern California Gas, the natural gas provider to the site, maintain sufficient capacity to serve development associated with implementation of the proposed Project. Future development associated with the Project would be required to comply with all existing energy efficiency standards, and would not result in significant adverse impacts on energy resources. Therefore, the proposed Project would not result in a wasteful, inefficient, or unnecessary of energy resources during Project construction or operation. Impacts would be less than significant.

2.2.7 Geology and Soils
A. Would the Project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving: Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42? (Draft EIR, Threshold a, page 8-3)
Finding: No Impact
Facts in Support of Finding: The Project Area is not located within a mapped Alquist-Priolo Earthquake Fault Zone and there are no known active or potentially active faults on or trending toward the Project Area. Because there are no known faults located on or trending towards the Project Area, the potential for surface rupture within the Project Area is considered very low. The Project would not directly or indirectly expose people or structures to substantial adverse effects related to ground rupture. No impact relative to rupture of a known earthquake fault would occur.

The Project Area is relatively flat, as is the immediately surrounding area. Due to the predominant underlying geologic formations and generally flat topography within the City, the Project Area has a low susceptibility to landslides. There are no earthquake-induced landslide seismic hazard zones mapped within the Project Area. Therefore, the probability of seismicallyinduced landslides occurring within the Project Area is very low. No impact relative to landslides would occur.
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22 B. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: Strong seismic ground shaking? (Draft EIR, Impact 5.6-1, page 5.6-10)
Finding: Less Than Significant Impact
Facts in Support of Finding: The Project Area, like the rest of Southern California, is situated within a seismically active region. Development associated with implementation of the Downtown Core Project could expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking or seismic-related ground failure (i.e., liquefaction).

The Project Area is not located within a designated Alquist-Priolo Earthquake Fault Zone. While there are no major active faults within the Project Area, major active faults exist in the vicinity of the Project Area, including the San Andreas Fault Zone, San Jacinto Fault Zone, Sierra Madre Fault Zone, Elsinore Fault Zone, Cucamonga Fault, and Chino Fault. Therefore, the Project Area could experience considerable ground shaking generated by faults located near the City.

Strong ground shaking can result in liquefaction. The Project Area is not located in an area designated as potentially liquefiable by the California Geological Survey. The General Plan EIR and Local Hazard Mitigation Plan (LHMP) do not identify the Project Area as being located within an area that is susceptible to liquefaction.

The Fontana General Plan includes goals, policies, and actions intended to protect against injury and loss of life, property damage, and other impacts caused by seismic shaking or seismic-related ground failure. Chapter 5 of the Fontana Municipal Code adopts various codes and safety precautions as part of the building code for the City of Fontana, including the Uniform Administrative Code and California Building Code. Future development projects within the Project Area would be required to comply with the provisions of the California Building Standards Code (CBSC), which requires development projects to perform geotechnical investigations in accordance with State law, engineer improvements to address potential seismic and ground failure issues, and use earthquake-resistant construction techniques to address potential earthquake loads when constructing buildings and improvements. As future development and infrastructure projects are considered by the City, each project will be evaluated for conformance with the CBSC, General Plan, Municipal Code, and other regulations.

Development projects are reviewed to address seismic safety issues and would be required to provide adequate mitigation for existing and potential hazards identified. With the implementation of the policies and actions in the General Plan, as well as applicable State and 847
23 City codes, potential impacts associated with a seismic event, including seismic ground shaking and liquefaction, would be less than significant.

C. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: Seismic-related ground failure, including liquefaction? (Draft EIR, Impact 5.6-1, page 5.6-10) Finding: Less Than Significant Impact
Facts in Support of Finding: The Project Area, like the rest of Southern California, is situated within a seismically active region. Development associated with implementation of the Downtown Core Project could expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking or seismic-related ground failure (i.e., liquefaction).

Strong ground shaking can result in liquefaction. The Project Area is not located in an area designated as potentially liquefiable by the California Geological Survey. The General Plan EIR and Local Hazard Mitigation Plan (LHMP) do not identify the Project Area as being located within an area that is susceptible to liquefaction.

The Fontana General Plan includes goals, policies, and actions intended to protect against injury and loss of life, property damage, and other impacts caused by seismic shaking or seismic-related ground failure. Chapter 5 of the Fontana Municipal Code adopts various codes and safety precautions as part of the building code for the City of Fontana, including the Uniform Administrative Code and California Building Code. Future development projects within the Project Area would be required to comply with the provisions of the California Building Standards Code (CBSC), which requires development projects to perform geotechnical investigations in accordance with State law, engineer improvements to address potential seismic and ground failure issues, and use earthquake-resistant construction techniques to address potential earthquake loads when constructing buildings and improvements. As future development and infrastructure projects are considered by the City, each project will be evaluated for conformance with the CBSC, General Plan, Municipal Code, and other regulations.

Development projects are reviewed to address seismic safety issues and would be required to provide adequate mitigation for existing and potential hazards identified. With the implementation of the policies and actions in the General Plan, as well as applicable State and City codes, potential impacts associated with a seismic event, including liquefaction, would be less than significant.
848
24 D. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: Landslides? (Draft EIR, Threshold a, page 8-4)
Finding: No impact
Facts in Support of Finding: The Project Area is relatively flat, as is the immediately surrounding area. Due to the predominant underlying geologic formations and generally flat topography within the City, the Project Area has a low susceptibility to landslides. There are no earthquake-induced landslide seismic hazard zones mapped within the Project Area (California Geological Survey, 2022). Therefore, the probability of seismically induced landslides occurring within the Project Area is very low. No impact would occur.

E. Would the Project result in substantial soil erosion or the loss of topsoil? (Draft EIR, Impact

5.6-2, page 5.6-11)
Finding: Less Than Significant Impact
Facts in Support of Finding: Implementation of the Downtown Core Project would provide for development and improvement projects that would involve some land clearing, mass grading, and other ground-disturbing activities that could temporarily increase soil erosion rates during and shortly after project construction. As identified by the Natural Resources Conservation Service web soil survey, the erosion factor K within the Project Area is 0.15, which is considered a low potential for erosion. Further, the Project Area is relatively flat and does not possess site conditions necessarily conducive to soil erosion. Depending upon the location of site-specific development, construction activities, and soil conditions, construction-related erosion could result in the loss of a substantial amount of nonrenewable topsoil and could adversely affect water quality in nearby surface waters. This is considered a potentially significant impact.

As future development and infrastructure projects are considered by the City, each project would be evaluated for conformance with the CBSC, General Plan, Municipal Code, and other regulations. Municipal Code Chapter 23, Article IX, requires all development activities subject to the City’s NPDES permit to prepare and implement a Storm Water Pollution Prevention Plan (SWPPP), which is required to identify proposed structural BMPs and source and treatment control BMPs to infiltrate and/or adequately treat the projected stormwater and urban runoff from the development site. Additionally, in compliance with NPDES Permit regulations, the State of California requires that any construction activity disturbing one acre or more of soil comply with the Construction General Permit. The permit requires development and implementation of a SWPPP and monitoring plan, which must include erosion-control and sediment-control BMPs that would meet or exceed measures required by the Construction General Permit to control 849
25 stormwater quality degradation due to potential construction-related pollutants. The SWPPP would include project specific BMPs that are designed to control drainage and erosion. With the implementation of the policies and actions in the General Plan, as well as applicable State and City requirements, potential impacts associated with erosion and loss of topsoil would be less than significant.

F. Would the Project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? (Draft EIR, Impact 5.6-4, page 5.6- 11 to 5.6-12)
Finding: Less Than Significant Impact
Facts in Support of Finding: According to the General Plan EIR, given the relatively stable geology and soils within the City, it is unlikely that there would be a potential risk that represents a significant change or increase from existing conditions.

Due to the predominant underlying geologic formations and generally flat topography within the City, including the Project Area, future development associated with implementation of the Downtown Core Project would not occur on geologic units or soils with the potential for on- or off-site landslides.

The potential for lateral spreading is present where open banks and unsupported cut slopes provide a free face (unsupported vertical slope face). Ground shaking, especially when inducing liquefaction, may cause lateral spreading toward unsupported slopes. Due to the predominant underlying geologic formations and generally flat topography within the City, the Project Area has a low susceptibility to lateral spreading.

Soils with high shrink-swell potential can be particularly susceptible to subsidence during a loss of soil moisture. The Project Area is underlain by Tujunga soils, which have low shrink-swell potential. The Project Area is underlain by the Chino Groundwater Basin, an adjudicated basin managed by the Chino Basin Watermaster. Management of the Chino Groundwater Basin reduces the likelihood of largescale extraction of groundwater that could cause subsidence.

The Project Area is not located within a mapped liquefaction zone, as delineated by the California Geological Survey.

Collapsible soils occur predominantly at the base of mountain ranges, where Holocene-age alluvial fan and wash sediments have been deposited during rapid run-off events. Differential settlement of structures typically occurs when heavily irrigated landscape areas are near a 850
26 building foundation. Examples of common problems associated with collapsible soils include tilting floors, cracking or separation in structures, sagging floors, and nonfunctional windows and doors. Existing alluvium within the Project Area may be susceptible to collapse and excessive settlements, which could create the risk of hydroconsolidation if these soils were exposed to excessive moisture.

In conclusion, the Project Area has a low potential for landslide, lateral spreading, and liquefaction. Additionally, subsidence is considered low due to the soils underlaying the Project Area and management of the groundwater basin. Collapsible soils and differential settlement within the Project Area would typically be associated with inadequate drainage resulting in damage to the building foundation. As future development and infrastructure projects are considered within the Project Area, each project would be evaluated for conformance with the CBSC, the General Plan policies and actions, the Municipal Code, and other regulations. Future development and improvement projects would be required to prepare site-specific geotechnical studies to identify geologic and soil conditions specific to the site and provide design recommendations consistent with the requirements of State and City codes. Implementation of CBSC and the Municipal Code requirements related to seismic and geologic conditions and the General Plan policies and actions would ensure that future development projects are evaluated for potential geologic and seismic risks and that potential risks are adequately addressed.

Compliance with applicable State and City regulations would reduce potential impacts associated with unstable geologic and soil conditions to less than significant.

G. Would the Project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? (Draft EIR, Impact 5.6-5, page 5.6-13)
Finding: Less Than Significant Impact
Facts in Support of Finding: Expansive soil properties can cause substantial damage to building foundations, piles, pavements, underground utilities, and/or other improvements.

Structural damage, such as warping and cracking of improvements, and rupture of underground utility lines, may occur if the expansive potential of soils is not considered during the design and construction of all improvements. As the linear extensibility (i.e., shrink-swell potential or expansive potential) of the soils within the Project Area is 1.5 percent, which is considered low, the Project Area has low expansive soils.

As future development and infrastructure projects are considered by the City, each project would be evaluated for conformance with the CBSC, General Plan policies and actions, Municipal Code, and other applicable regulations. As required by the CBSC, a site-specific geotechnical investigation would identify the potential for damage related to expansive soils and 851
27 non-uniformly compacted fill and engineered fill. If a risk is identified, design criteria and specification options may include removal of the problematic soils, and replacement, as needed, with properly conditioned and compacted fill material that is designed to withstand the forces exerted during the expected shrink-swell cycles and settlements. Design criteria and specifications set forth in the design-level geotechnical investigation would ensure impacts from problematic soils are minimized. No significant adverse environmental impacts are anticipated to occur associated with expansive soils. Therefore, this impact is considered less than significant.

H. Would the Project have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (Draft EIR, Threshold e, page 8-4)
Finding: No Impact
Facts in Support of Finding: Wastewater treatment services in the Project Area are provided by the Inland Empire Utilities Agency. Existing wastewater infrastructure exists throughout the Project Area, which is underlain by sanitary sewer pipes owned by the City. The Fontana Municipal Code would require future development projects within the Project Area to connect to the public sewer system. Future development associated with implementation of the Downtown Core Project would not utilize septic tanks or alternative wastewater systems. No impact would occur.

2.2.8 Hazards and Hazardous Materials
A. Would the Project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result would it create a significant hazard to the public or the environment? (Draft EIR, Impact 5.8-4, page

5.8-16)
Finding: Less Than Significant Impact
Facts in Support of Finding: There are no hazardous materials release sites located in the City of Fontana on the Cortese List. Future development associated with implementation of the Downtown Core Project would be evaluated at the project-level to determine whether any development sites are listed on a hazardous materials site. Any development activities occurring on documented hazardous materials sites would be required to undergo remediation and cleanup under the supervision of the DTSC and/or the Santa Ana RWQCB prior to construction.

The Fontana General Plan includes goals, policies, and actions to reduce threats to public health and safety due to hazards and hazardous materials. Compliance with existing federal, State, and local regulations would reduce potential impacts involving potential hazardous materials sites. 852
28 B. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project result in a safety hazard or excessive noise for people residing or working in the project area? (Draft EIR, Threshold e, page 8-4)
Finding: No Impact
Facts in Support of Finding: The Project Area in not located within an airport land use plan, nor is the Project Area located within two miles of a public airport or public use airport. The closest public airports are the Ontario International Airport, located approximately eight miles southwest of the Project Area, and the Flabob Airport, located approximately seven miles south of the Project Area. The Project Area is not located within an airport influence area within the Ontario International Airport Land Use Compatibility Plan or any other airport land use plan.

Thus, the Project would not result in a safety hazard or excessive noise for people residing or working in the Project Area.

C. Would the Project impair implementation of, or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Draft EIR, Impact 5.8-5, page

5.8-16 to 5.8-17)
Finding: No Impact
Facts in Support of Finding: The proposed Downtown Core Project would provide for increased residential and non-residential uses within the Project Area. Additionally, the Project proposes roadway modifications that would ultimately close a quarter-mile portion of Sierra Avenue to vehicular traffic. This would occur in two phases. Phase I (interim condition) would reduce the number of travel lanes on Sierra Avenue from two lanes in each direction to one lane in each direction, convert Wheeler Avenue to a one-way northbound street, and convert Nuevo Avenue to a one-way southbound street. Phase II (the ultimate condition) would close Sierra Avenue between Arrow Boulevard and Orange Way to vehicular traffic, diverting traffic to parallel streets.

Implementation of the proposed Project would not impair or physically interfere with an adopted emergency response plan or emergency evacuation plan. Future development within the Downtown Core would be required to comply with applicable City codes and regulations pertaining to emergency response and evacuation plans maintained by the City police and fire departments. The ultimate closure of a quarter-mile portion of Sierra Avenue to vehicular traffic would not impair or interfere with an emergency response plan or emergency evacuation plan.

Closure of a portion of Sierra Avenue would also involve the conversion of Wheeler Avenue to a one-way northbound street, and Nuevo Avenue to a one-way southbound street, providing continued emergency access within the area. Further, the proposed closure and ultimate design 853
29 of Sierra Avenue would be reviewed by the FFPD to ensure that adequate emergency access would be maintained within the area.

The Project does not include any site-specific development. However, future development would be designed, constructed, and maintained in accordance with applicable standards, including vehicular access to ensure that adequate emergency access and evacuation would be maintained. The City has adopted the current edition of the California Fire Code and access for emergency vehicles would be required to be incorporated into project design. Construction activities that may temporarily restrict vehicular traffic would be required to implement appropriate measures to facilitate the passage of persons and vehicles through/around any required road closures.

Primary access to all major roads would be maintained during construction of future developments within the Project Area. As part of the site review process, future development projects would be reviewed for adequate infrastructure and access as well as consistency with adopted emergency and evacuation plans in order to ensure adequate emergency response and emergency evacuation would not be impaired. Therefore, impacts associated with adopted emergency response or evacuation plans would be less than significant.

D. Would the Project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? (Draft EIR, Threshold g, page 8-4) Finding: No Impact
Facts in Support of Finding: According to the CALFIRE Fire Hazard Severity Zone Maps, the Project Area is not located within a Very High Fire Hazard Severity Zone. The City’s General Plan and Local Hazard Mitigation Plan do not identify the Project Area as being within an area with high fire hazard potential, and the Project Area is not located within the City’s Fire Hazard Overlay District. Due to the urbanized nature of the area and the provision of nearby firefighting protection services, implementation of the proposed Project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires. No impact would occur in this regard.

2.2.9 Hydrology and Water Quality
A. Would the Project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? (Draft EIR, Impact

5.9-1, page 5.9-11 to 5.9-12)
Finding: Less Than Significant Impact
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30 Facts in Support of Finding: The Downtown Core Project does not propose site-specific development projects; however, it does anticipate future development and redevelopment would occur within the Project Area. Future development may involve grading, excavation, removal of vegetation cover, and activities associated with future construction activities that could temporarily increase runoff, erosion, and sedimentation. Construction activities also could result in soil compaction and wind erosion impacts that could adversely affect soils and reduce the revegetation potential at construction sites and staging areas.

To comply with NPDES Permit regulations, the State of California requires that any construction activity disturbing one acre or more of soil comply with the Construction General Permit. The permit requires development and implementation of a SWPPP and monitoring plan, which must include erosion-control and sediment-control BMPs that would meet or exceed measures required by the Construction General Permit to control stormwater quality degradation due to potential construction-related pollutants. The Fontana Municipal Code Chapter 23, Article IX requires construction dischargers to comply with the construction activity storm water permit, including development and implementation of a SWPPP; implementation of BMPs as necessary; and preparation or implementation of a Water Quality Management Plan (WQMP) or equivalent as required by the City. The RWQCB would require a project-specific SWPPP to be prepared for each future project that disturbs one acre or larger. The SWPPPs would include project-specific BMPs that are designed to control drainage and erosion. Additionally, Chapter 9, Article III adopts the County’s dust control measures to minimize water quality-related impacts. Therefore, the proposed project would not violate any water quality standards or waste discharge requirements, nor would it otherwise substantially degrade surface water or groundwater quality.

The Project Area is primarily urbanized with limited pervious areas anticipated for development.

The Downtown Core Project does not propose site-specific development. Future development activities have the potential to increase impervious areas especially associated with the development of currently undeveloped sites, resulting in increased runoff when compared to existing site conditions. Stormwater runoff may include pollutants such as sediments, nutrients, pesticides, trash, oil and grease, and metals. The San Bernardino County NPDES MS4 Permit and Fontana Municipal Code regulate stormwater discharges within the Project Area, and require the use of BMPs and other control measures to reduce the discharge of pollutants to receiving water bodies.

Municipal Code Chapter 28, Article IV, Section 28-111 relates to the integration of stormwater BMPs into landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration. Existing regulatory requirements that manage water quality include requirements to obtain approval from the RWQCB for NPDES permits, other discharge permits, WQMPs, SWPPPs, and to implement BMPs. Federal, State and local regulations would 855
31 require individual projects to provide the on-site storm drain infrastructure, including water quality measures, to ensure the stormwater runoff associated with the proposed development would be captured and treated on-site, protecting water quality both on- and off-site. Therefore, implementation of the Project would not violate water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality. Impacts would be less than significant in this regard.

B. Would the Project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? (Draft EIR, Impact 5.9-2, page 5.9-13) Finding: Less Than Significant Impact
Facts in Support of Finding: The Project Area is underlain by the Upper Santa Ana Basin, Chino Subbasin. The Chino Subbasin is an adjudicated basin managed by the Chino Basin Watermaster. Potable water in the Project Area is provided by the Fontana Water Company (FWC). According to the FWC 2020 Urban Water Management Plan (UWMP), water supply sources include local groundwater and local and imported surface water. Local groundwater basins include: Chino Basin, an adjudicated basin and the primary groundwater source for FWC; Rialto-Colton Basin, an adjudicated basin; Lytle Basin, an adjudicated basin; and No Man’s Land Basin, which is managed through Rialto-Colton Basin.

The Downtown Core Project anticipates increased development of residential and nonresidential uses within the Project Area when compared to existing conditions. Increased development would result in increased demand on water supplies. FWC has confirmed that it is able to provide water utility service to meet the water supply needs anticipated by the proposed Project. Therefore, the Project would not substantially decrease groundwater supplies resulting from increased demand for water associated with future development anticipated by the Downtown Core Project.

The Project Area is primarily urbanized with limited pervious areas anticipated for development.

Although future development activities have the potential to increase impervious areas, especially associated with the development of currently undeveloped sites, these areas are limited and do not provide for substantial groundwater recharge within the Project Area. The majority of development activities associated with implementation of the Project would consist of infill and redevelopment on currently urbanized sites. Therefore, the proposed Project would not interfere substantially with groundwater recharge. Further, the Basin is managed by an adjudication and subject to the Judgment managed by the Chino Basin Watermaster. The Optimum Basin Management Program includes programs for the long-term management of the Basin. The primary means of ensuring long-term groundwater level maintenance includes careful 856
32 monitoring to ensure groundwater levels are managed within a safe basin operating range and implementation of water conservation programs. Given that future development associated with implementation of the Downtown Core Project would not appreciably add to the volume of imperious surfaces in the Project Area, this potential impact would be less than significant.

C. Would the Project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would: (Draft EIR, Impact 5.9-3, page 5.9-14 to

5.9-15)
i. Result in substantial erosion or siltation on or off site? ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site?
iii. Create or contribute runoff which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?
Finding: Less Than Significant Impact
Facts in Support of Finding: Erosion or siltation is known to occur during construction and/or during the post-construction phase if erosion control measures are not used. Erosion or siltation can also occur in the post-construction phase if runoff is not captured and conveyed appropriately. Future development projects would be subject to NPDES permit requirements that address the control of erosion and siltation. This includes the Construction General Permit, which requires a SWPPP and the effective implementation of erosion control measures. The Santa Ana RWQCB conducts inspections and enforces the Construction General Permit at construction sites. The Fontana Municipal Code Chapter 23, Article IX requires construction dischargers to comply with the construction activity storm water permit, including development and implementation of a SWPPP; implement BMPs as necessary; and prepare or implement a WQMP or equivalent as required by the City. The SWPPPs would include project-specific BMPs that are designed to control drainage and erosion. Chapter 9, Article III adopts the County’s dust control measures to minimize water quality-related impacts.

Development associated with implementation of the Downtown Core Project would also be subject to the post-construction requirements of the MS4 permit. The MS4 Permit requires individual priority projects to prepare and implement a WQMP that may include source control BMPs, mitigation measures, and treatment control BMPs. Discharges that are not authorized by a NPDES permit must be permitted by other means by the Santa Ana RWQCB or SWRCB (e.g., filing a Report of Waste Discharge, Water Quality Certification). Through compliance with existing 857
33 federal, State, and local regulations, erosion/siltation impacts resulting from Project implementation would be less than significant and no mitigation is required.

Surface Runoff and Water Quality: The San Bernardino County Flood Control District (SBCFCD) and the City operate and maintain a network of flood control facilities within the Project Area.

Flooding can occur from an increase in impervious surfaces, which increases the volume and speed of runoff. When the volume and speed of runoff are increased, drainage facilities may be unable to handle the flows and capacity could be exceeded. The Project Area is primarily developed, with limited areas of pervious surfaces. Although future development activities have the potential to slightly increase impervious areas within the Project Area, the majority of development activities associated with implementation of the Project would consist of infill and redevelopment on currently urbanized sites. Federal, State and local regulations would require individual projects to provide the on-site storm drain infrastructure and any off-site infrastructure improvements to ensure stormwater runoff associated with the proposed development would be adequately captured and conveyed into the City’s storm drain system and SBCFCD facilities. Therefore, implementation of the Project would not substantially increase the rate or amount of surface runoff which would result in flooding on- or offsite or create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems. Impacts would be less than significant in this regard.

Fontana Municipal Code Chapter 28, Article IV, Section 28-111 addresses the integration of stormwater BMPs into landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration. Existing regulatory requirements that manage water quality include requirements to obtain approval from the RWQCB for NPDES permits, other discharge permits, WQMPs, SWPPPs, and to implement BMPs. Through implementation of the General Plan policies and actions, and existing federal, State, and local regulations discussed above, future development within the Project Area would not provide substantial additional sources of polluted runoff and impacts would be less than significant.

D. Would the Project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would: (Draft EIR, Threshold c, page 8-5)

4. Impede or redirect flood flows?
Finding: No Impact
Facts in Support of Finding: The Project Area is not located within close proximity to any streams or rivers and would not result in the alteration of the course of a river or stream. The Project Area is located in an urban area and is developed with residential and non-residential uses. Additionally, according to the National Flood Insurance Program Flood Insurance Rate Map, 858
34 the Project Area is not located within a flood hazard zone. As such, the Project would not impede or redirect flood flows. No impacts associated with impeding or redirecting flood flows would occur.

E. In flood hazard, tsunami, or seiche zones, would the project risk release of pollutants due to project inundation? (Draft EIR, Threshold d, page 8-5) Finding: No Impact
Facts in Support of Finding: The Project area is not located within a flood hazard zone. As such, flood-related hazards are not anticipated at the Project Area. Tsunamis are sea waves that are generated in response to large-magnitude earthquakes, which can result in coastal flooding.

Seiches are the oscillation of large bodies of standing water, such as lakes, that can occur in response to ground shaking. The Project Area is approximately 43 miles inland of the Pacific Ocean. Regional dams do not have the potential to inundate the Project Area according to the Department of Water Resources (DWR) Division of Safety of Dams Dam Breach Inundation Maps.

As a result, tsunamis and seiches do not pose hazards due to the Project Area’s inland location and lack of nearby bodies of standing water. Therefore, the proposed Project would result in no impacts associated with the release of pollutants due to project inundation.

F. Would the Project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? (Draft EIR, Impact 5.9-4, page 5.9-15 to

5.9-16)
Finding: Less Than Significant Impact
Facts in Support of Finding: The local water quality control plan (Basin Plan) in the Project Area is maintained by the Santa Ana RWQCB. The Basin Plan specifies the State’s water quality standards (i.e., beneficial uses, water quality objectives, and antidegradation policy) and serves as the basis for the RWQCB’s regulatory programs. When permittees and projects comply with the provisions of applicable NPDES permits and water quality permitting, they are consistent with the Basin Plan. Through compliance and implementation of existing regulations, implementation of the Downtown Core Project would not conflict with or obstruct a water quality control plan.

Therefore, impacts in this regard would be less than significant.

The Project Area is located entirely within the Chino Subbasin. In compliance with the Chino Basin Judgment, the Chino Basin Watermaster submits an annual report to the RWQCB. The Basin was designated a very low priority basin in DWR’s 2019 Sustainable Groundwater Management Act (SGMA) Basin Prioritization report. SGMA exempts adjudicated groundwater basins from the requirements of designating a Groundwater Sustainability Agency and developing a Groundwater Sustainability Plan. The Judgment and Optimum Basin Management Program together provide for the legal and practical means of ensuring that the waters of the Basin are put to maximum 859
35 beneficial use. The Downtown Core Project does not propose site-specific development. New development and redevelopment projects associated with implementation of the Downtown Core Project would be subject to the Judgment and Optimum Basin Management Program.

Therefore, the Downtown Core Project would not conflict with implementation of a sustainable groundwater management plan and impacts would be less than significant.

2.2.10 Land Use and Planning
A. Would the Project physically divide an established community? (Draft EIR, Impact 5.10-1, page 5.10-8)
Finding: Less Than Significant Impact
Facts in Support of Finding: The goal of the Downtown Core Project is to create a vibrant, walkable, mixed-use area with high quality housing and retail options in the Downtown Core Project Area. The Project would accomplish this goal by creating and implementing a new Walkable Mixed-Use Downtown Core (WMXU-3) General Plan land use category and six new FBC districts specific to the Project Area. The new land use category and FBC districts would allow for cohesive infill development in the Downtown Core. The Project would amend the Development Code to incorporate the six new FBC districts, including permitted land uses, increased densities and development standards by zoning district, building types, frontage types, general regulations, design and architectural regulations, private open space types, and public open space standards specific to each new FBC District. Further, the City is developing the Downtown Fontana Development Guide to provide recommended changes to the FBC, objective development standards, expedited review guidelines, and development impact fee incentives.

These standards and guidelines would ensure new development and redevelopment projects would be designed to complement the character of the existing community and neighborhoods and provide connectivity between existing development and new development.

The Project Area planned circulation would provide a more “walkable” environment, designed to incorporate traffic calming measures to reduce traffic speeds, enhance pedestrian safety, and promote walkability of the area, specifically along Sierra Avenue. To enhance the pedestrian experience and promote walkability, the Project proposes to ultimately close a quarter-mile portion of Sierra Avenue to vehicular traffic. The Project does not include any new areas designated for new roadways, infrastructure, or other features that would divide existing communities. Overall, the proposed Downtown Core Project would provide new residential development opportunities and supportive commercial development to support the vision for development consistent with the goals and vision of the Downtown Area Plan. Implementation of the Downtown Fontana Development Guide would further support integration of mixed-use development, infill housing, infrastructure improvements, interconnections and placemaking to 860
36 further connect uses within the Project Area. Thus, the proposed Project would not physically divide an established community and impacts would be less than significant.

B. Would the Project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? (Draft EIR, Impact 5.10-1, page 5.10-8) Finding: Less Than Significant Impact
Facts in Support of Finding: The Southern California Association of Governments (SCAG) reviews environmental documents for regionally significant projects for their consistency with the adopted 2020 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS).

SCAG refers to CEQA Guidelines Section 15206, Projects of Statewide, Regional or Areawide Significance, in determining whether a project meets the criteria to be deemed regionally significant.

SCAG’s 2020 RTP/SCS provides a framework for regional land use and transportation policy within the SCAG region through the horizon year of 2045. SCAG’s 2020 RTP/SCS goals and policies were adopted to help focus future investments on the best-performing projects and strategies to preserve, maintain and optimize the performance of the existing transportation system. The goals of Connect SoCal fall into four core categories: economy, mobility, environment and healthy/complete communities. Refer to Table 5.7-4 in the Draft EIR for an analysis of the proposed Project’s consistency with the relevant SCAG 2020 RTP/SCS goals adopted for the purpose of avoiding or mitigating an environmental effect. The Downtown Core Project would be consistent with SCAG’s regional planning efforts and a less than significant impact would occur in this regard.

The Project proposes to amend General Plan Chapter 15, Land Use, Zoning, and Urban Design, Table 15.25 and Exhibit 15.10 to include the addition of a new WMXU-3: Walkable Mixed-Use Downtown Core (0.2-2.0 Commercial FAR, 2.1-70 du/ac) land use category. Text modifications would also occur within Chapter 15, Land Use, Zoning, and Urban Design, to incorporate the WMXU-3 land use category. The General Plan Land Use Map would be amended to apply the WMXU-3: Walkable Mixed-Use Downtown Core (0.2-2.0 Commercial FAR, 2.1-70 du/ac) land use category within the Project Area. Implementation of the WMXU-2 land use category would allow for increased residential densities to encourage a variety of housing development at varying income levels within the Project Area. Project implementation would further the goals, policies, and actions of the Downtown Area Plan by providing a stronger residential presence, more support for mixed-uses, streamlined development process, and development incentives exclusive to the Project Area.
861
37 The Project also proposes to amend General Plan Chapter 9, Community Mobility and Circulation, including Exhibit 9.2, Hierarchy of Streets in Fontana, to modify the roadway functional class for Nuevo Avenue and Wheeler Avenue and to remove the roadway functional class for Sierra Avenue between Arrow Boulevard and Orange Way; related text modifications would also occur for consistency. Modifications to text and graphics would occur within General Plan Chapter 14, Downtown Area Plan, to be consistent with the proposed modifications to Chapter 9, Community Mobility and Circulation, and Chapter 15, Land Use, Zoning, and Urban Design.

Refer to Table 5.10-1 in the Draft EIR for an analysis of the Project’s consistency with the relevant Fontana Forward General Plan policies and actions adopted for the purpose of avoiding or mitigating an environmental effect. Approval of the proposed amendments to the General Plan would provide consistency with the General Plan.

The Project proposes amendments to the Development Code, Article III, Form-Based Code, to incorporate six new FBC districts, including permitted land uses, increased densities and development standards by zoning district, building types, frontage types, general regulations, design and architectural regulations, private open space types, and public open space standards specific to each new FBC District. Article IV, Zoning Districts, Section 30-405, Section 30-406, and Table No. 30-408 would also be amended to incorporate the Downtown Core and associated land use districts. The Fontana Zoning District Map would be amended to incorporate the Downtown Core.

If the Downtown Core Project is approved, subsequent development and infrastructure projects would be required to be consistent with the proposed FBC districts applicable to the specific development site, including permitted land uses, densities and development standards, building types, frontage types, general regulations, design and architectural regulations, private open space types, and public open space standards specific to each new FBC District. Future development projects would be reviewed to determine consistency with the City’s Development Code. Thus, the proposed Project would not result in conflicts with the City of Fontana Municipal Code and impacts would be less than significant.

Therefore, implementation of the proposed Project would not conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect.

2.2.11 Mineral Resources
A. Would the Project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State? (Draft EIR, Threshold a, page 8-5) 862
38 B. Would the Project result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? (Draft EIR, Threshold b, page 8-5)
Finding: No Impact
Facts in Support of Finding: The State Mining and Geology Board establishes Mineral Resources Zones (MRZs) to designate lands that contain mineral deposits. The Project Area is designated as MRZ-2 by the California Geological Survey, indicating that available geologic information indicates that significant mineral deposits area. However, there are no active mines located within the Project Area. The Fontana General Plan does not designate mineral resources zones within the City or Project Area. The Project Area is currently developed with residential and non-residential uses and does not contain mineral resource recovery operations. Therefore, the Project would not result in the loss of availability of a known mineral resource considered of value to the region. No impact would occur in this regard.

2.2.12 Noise
A. For a project located within the vicinity of a private airstrip or an airport land use plan, or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Draft EIR, Threshold c, page 8-6) Finding: No Impact
Facts in Support of Finding: The Project Area in not located within an airport land use plan, nor is the Project Area located within two miles of a public airport or public use airport. The closest public airports are the Ontario International Airport, located approximately eight miles southwest of the Project Area, and the Flabob Airport, located approximately seven miles south of the Project Area. The Project Area is not located within an airport influence area within the Ontario International Airport Land Use Compatibility Plan or any other airport land use plan.

Thus, the Project would not result in excessive noise for people residing or working in the Project Area.

2.2.13 Population and Housing
A. Would the Project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (Draft EIR, Impact 5.12-1, page 5.12- 9 to 5.12-10)
Finding: Less Than Significant Impact
863
39 Facts in Support of Finding: The City currently has 57,483 dwelling units, 212,809 residents, and 55,448 jobs. The proposed Project accommodates future growth in the Project Area by creating and implementing a new land use category and six new FBC districts. Project implementation could yield a net change over existing conditions of an additional 8,900 dwelling units and 2,685,404 square feet of non-residential uses. This new growth may increase the City’s population by approximately 33,731 residents (based on the 2022 California Department of Finance estimated household size of 3.79 persons per household). Implementation of the proposed Project would also provide additional employment opportunities for approximately 6,852 employees.

Given the historical and current population, housing, and employment trends, growth in the City, as well as the entire state, is inevitable. The primary factors that account for population growth are natural increase and net migration. Other factors that affect growth include the cost of housing, the location of jobs, the economy, the climate, and transportation. As discussed above, the Inland Empire region, including San Bernardino County, has been one of the fastest-growing regions in Southern California over the past two decades. This growth has been driven in part by the relative affordability and availability of land in Riverside and San Bernardino counties, making it an attractive place to build new housing. While these factors would likely result in growth in the City, including the Project Area, growth would continue to occur based primarily on the demand of the housing market and demand for new non-residential uses. The Project Area is an urbanized area and existing development is served by existing roads, infrastructure, and public services. Further, the area surrounding the Project Area is developed. There is the potential for infrastructure improvements within and surrounding the Project Area associated with sitespecific development and overall development growth; however, the Project would not require the extension of roads or other infrastructure into an area that is not already served.

Potential impacts associated with substantial unplanned population growth in an area are also assessed based on a project’s consistency with adopted plans that have addressed growth management from a local and regional standpoint. The General Plan EIR anticipates the General Plan to accommodate 70,560 households, a population of 315,852, and total employment of 99,129 throughout the planning horizon. More specifically, the focus for growth in the General Plan is in the Downtown Core and “Livable Corridors” as described in General Plan Chapter 14 – Downtown Area Plan. Thus, population growth within the Downtown Core Project has been anticipated by the General Plan. The current General Plan would allow for a Project Area population of 36,077 persons based on the residential development potential of 9,519 units and

3.79 persons per household. In comparison, the proposed Project would allow for a Project Area population of 42,842 persons based on the residential development potential of 11,304 units.

Although the proposed Project would provide for increased population growth within the Project Area when compared to the current General Plan, the proposed Project is intended to implement 864
40 the goals and policies of the General Plan and accommodate the City’s fair share of statewide housing needs, which are allocated by SCAG, based on regional numbers provided by the HCD on a regular basis (every five to eight years). The City of Fontana 2021-2029 Housing Element was adopted February 8, 2022 and accommodates the City’s share of the regional housing need for the 2021-2029 RHNA period of 17,519 units. The City’s 2021-2029 Housing Element identifies the existing Project Area, as accommodating a portion of City’s Low-, Very-Low-, and AboveModerate-income RHNA allocation. The Project is anticipated to yield an additional 8,900 dwelling units, 33,731 residents, and 6,852 employees over existing conditions. The population and employment growth anticipated as a result of Project implementation is within the overall City’s growth projections of the Fontana Forward General Plan and SCAG’s RHNA allocation.

Thus, the Project would be within the population projections anticipated and planned for by the City’s General Plan and would not induce substantial unplanned population growth in the area.

B. Would the Project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? (Draft EIR, Impact 5.12- 2, page 5.12-10)
Finding: Less Than Significant Impact
Facts in Support of Finding: The Project Area contains a mix of existing on-site development, including approximately 1.3 million square feet of non-residential uses and 2,020 dwelling units. The Project does not propose the removal of any existing housing within the Project Area. The proposed Project would accommodate a mix of new residential and nonresidential development in more dense and sustainable patterns. The Project would create and implement the new WMXU-3: Walkable Mixed-Use Downtown Core land use category and six new FBC districts within the Project Area, which would support higher-density residential and mixed-use development within the Project Area. As most of the new development would occur through infill and new mixed-use development on underdeveloped parcels, it is not anticipated that substantial numbers of housing or people would be displaced. Although the Project Area contains existing residential uses, the development in these areas is anticipated to remain or redevelop gradually with residential and mixed-use residential uses at higher densities. Future development projects may propose the removal of some existing housing in order to accommodate new development. However, Project implementation is projected to increase the overall number of dwelling units in the Project Area by approximately 8,900 units over existing conditions, providing additional housing to serve the diverse needs of the community at various socioeconomic levels. Thus, the proposed Project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere and impacts would be less than significant.
865
41 2.2.14 Public Services and Recreation
A. Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the 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 any of the public services: Fire Protection? (Draft EIR, Impact 5.13-1, page 5.13-8 to 5.13-9) Finding: Less Than Significant Impact
Facts in Support of Finding: Development accommodated through implementation of the proposed Project would result in additional residential and non-residential uses in the Project Area. Based on the anticipated growth, Project implementation could yield a net change over existing conditions of an additional 8,900 dwelling units and 2,685,404 square feet of nonresidential uses.

Future development may result in the need for additional FFPD resources (i.e., additional staffing, equipment, expanded/new facilities). At this time, it is unknown whether FFPD would need to expand or construct new facilities to meet the demand of future development in the Project Area.

Future development is assumed to occur over time; thus, any increase in demand for fire protection services would occur gradually as additional development and associated population growth is added to the Project Area. FFPD would continue to regularly monitor fire department resources to ensure that adequate facilities, staffing, and equipment are available to serve existing and future development and population increases. Further, as development occurs, a proportional increase in property tax, charges for FFPD services, and other funding sources would increase and offset impacts of new development on FFPD’s existing resources in the City and Project Area. Fontana Municipal Code Section 11-2, requires any new development or improvement of real property within the City to pay certain fees for capital improvements necessary to provide fire protection services.

Additionally, new development that could occur under the proposed Project would be required to comply with all applicable California Fire Code requirements for construction, access, water mains, fire flows, and hydrants. Individual project development plans would be reviewed by FFPD to determine specific fire requirements (e.g., fire flow capacities, emergency access, fuel modification plans) applicable to the specific development and to ensure compliance with these requirements. The Fontana General Plan also includes goals, policies, and actions to ensure that fire protection and emergency services are provided in a timely fashion, are adequately funded, and that new development funds its fair share of services. 866
42 As previously stated, new fire facilities would potentially be needed to serve growth accommodated through Project implementation. The environmental effect of providing fire protection services is associated with the physical impacts of providing new and expanded facilities. The specific impacts of providing new and expanded facilities cannot be determined at this time, as the Project does not propose or authorize development, nor does it designate specific sites for new or expanded public facilities. However, the facilities would be primarily provided on sites with land use designations that allow such uses and the environmental impacts of constructing and operating the facilities would likely be similar to those associated with new development, redevelopment, and infrastructure projects under the Project. Any future development would be required to comply with regulations, policies, and standards included in the Fontana General Plan and Municipal Code, and would be subject to CEQA review as appropriate. Therefore, impacts related to the provision of fire protection services are less than significant.

B. Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the 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 any of the public services: Police Protection? (Draft EIR, Impact 5.13-2, page 5.13-9 to 5.13-10) Finding: Less Than Significant Impact
Facts in Support of Finding: Development accommodated through implementation of the proposed Project would result in additional residential and non-residential uses in the Project Area, which would increase demand for police protection services provided by FPD. Based on the anticipated growth, Project implementation could yield a net change over existing conditions of an additional 8,900 dwelling units and 2,685,404 square feet of non-residential uses.

Additional facilities, personnel, and equipment may be required to maintain adequate levels of police protection within the City and Project Area. Development accommodated through Project implementation is expected to occur gradually over time; thus, any increase in demand for police protection services would similarly occur gradually as additional development and associated population growth is added to the Project Area, which also depends on the economic market demands. As individual projects are proposed within the Project Area, FPD service levels and staffing requirements would be evaluated on an annual basis to determine if additional staffing and/or facilities would be required. Further, as development occurs, a proportional increase in property tax, charges for FPD services, and other funding sources would increase and offset impacts of new development on FPD’s existing resources in the City and Project Area. Fontana Municipal Code Section 5-8 provides for police capital facilities fees to be paid by the owners of 867
43 all new or expanded development of real property in the City. The Fontana General Plan also includes goals, policies, and actions to ensure that police protection services are provided in a timely fashion, are adequately funded, and that new development funds its fair share of services.

The environmental effect of providing police protection services is associated with the physical impacts of providing new and expanded facilities. The specific impacts of providing new and expanded facilities cannot be determined at this time, as the Project does not propose or authorize development, nor does it designate specific sites for new or expanded public facilities.

If new police facilities are needed to serve growth associated with future development, the facilities would most likely be provided on sites with land use designations that allow such uses and the environmental impacts of constructing and operating the facilities would likely be similar to those associated with new development, redevelopment, and infrastructure projects under the Project. Any future development would be required to comply with regulations, policies, and standards included in the Fontana General Plan and Municipal Code, and would be subject to CEQA review as appropriate. Therefore, impacts related to the provision of police protection services are less than significant.

C. Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the 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 any of the public services: School Services? (Draft EIR, Impact 5.13-3, page 5.13-10 to 5.13-12) Finding: Less Than Significant Impact
Facts in Support of Finding: Development accommodated under the Project would result in additional residential uses with the potential of school-aged children. Based on the anticipated growth, Project implementation could yield a net change over existing conditions of an additional 8,900 dwelling units.

Implementation of the Project would lead to new population growth within the Project Area, which would increase the demand for schools and school facilities in the City. The Project Area is primarily served by the Fontana Unified School District (FUSD), which serves students grades K12. The FUSD operates 46 schools, including 30 elementary schools; seven middle schools; five high schools and two continuation high schools; one adult school; and two online schools. Schools that serve the Project Area include: Randall Pepper Elementary School; Palmetto Elementary School; Date Elementary School; South Tamarind Elementary School; Oleander Elementary School; Juniper Elementary School; Fontana Middle School; Truman Middle School; Fontana High School; and Jurupa Hills High School.
868
44 School districts typically use student generation factors to determine the potential number of students that would be generated by the amount of residential development in order to accurately anticipate the needs for new/expanded facilities. Based on FUSD’s student generation rates, residential development accommodated under the proposed Project would generate approximately 3,482 students (1,695 elementary school students, 627 middle school students, and 1,160 high school students). FUSD does not currently have excess capacity at the elementary or middle school levels, or have excess capacity overall. The high schools have an excess capacity of 518 seats, but that capacity is not sufficient for future growth associated with buildout of the Project. However, the projected student generation assumes full buildout of the Project Area, which would occur over time based on market conditions. Based on the conservative assumption that buildout of the Project Area would occur as proposed, and all 8,900 residential units would attend schools within the FUSD, FUSD would not have capacity to adequately accommodate the increase in student population. Therefore, new facilities would need to be created, or existing facilities would need to be expanded, to accommodate for future population growth. As mentioned above, there is already a shortage of permanent capacity at existing FUSD facilities which necessitate the construction of new facilities or expansion of existing facilities.

The exact location of future development and associated student generation is currently unknown. However, future development projected within the Project is anticipated to occur gradually and would be largely based on market demand. Thus, any increase in demand for school services would occur gradually as additional development occurs in the Project Area. School districts assess development impact fees against residential and non-residential development to mitigate impacts resulting from the increase in demand for school related services. Pursuant to SB 50, payment of fees to the applicable school district is considered full mitigation for project impacts, including impacts related to 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, or other performance objectives for schools. Therefore, individual development projects accommodated under the proposed Project would be required to pay the statutory fees, so that school facilities can be constructed/expanded, if necessary, at the nearest sites to accommodate the impact of project-generated students, reducing impacts to a less than significant level.

Additionally, Fontana Municipal Code Chapter 10, Article IX establishes a method pursuant to Government Code Section 65970 et seq., whereby a school district which operates an elementary or high school may finance interim school facilities if conditions of overcrowding exist, and Chapter 30 (Zoning and Development Code), Article V, Division 2, Development Policies, requires that all residential development projects must have proof that adequate school facilities are or will be available to accommodate the students generated by the project in accordance with State law. The Fontana General Plan also includes goals, policies, and actions to ensure that public 869
45 facilities, including schools, are provided in a timely fashion, are adequately funded, and that new development funds its fair share of services.

The environmental effect of providing school services is associated with the physical impacts of providing new and expanded facilities. The specific impacts of providing new and expanded facilities cannot be determined at this time, as the Project does not propose or authorize development of new or expanded school facilities. If the school districts serving the Project Area determine that new school facilities are needed to serve growth associated with future development anticipated by the Project, the schools would most likely be provided on sites with land use designations that allow such uses and the environmental impacts of constructing and operating the facilities would likely be similar to those associated with new development, redevelopment, and infrastructure projects under the Project. Any future development under the Project would be required to comply with regulations, policies, and standards included in the Fontana General Plan and Municipal Code, and development of school facilities would be subject to CEQA review as appropriate. Therefore, impacts related to the provision of schools are less than significant.

D. Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the 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 any of the public services: Libraries & Other Facilities? (Draft EIR, Impact 5.13-4, page 5.13-12 to 5.13-13) Finding: Less Than Significant Impact
Facts in Support of Finding: Development accommodated under the proposed Project would result in additional residents and businesses in the City, which could increase the demand for public services, including library services. Library services in Fontana are provided by the San Bernardino County Library System, which operates the Fontana Lewis Library & Technology Center at 8437 Sierra Avenue and the Kaiser Branch Library at 11155 Almond Avenue.

Future development accommodated by the Project may result in the need for additional library resources (i.e., additional staffing, equipment, expanded/new facilities) in the City. At this time, it is unknown whether the San Bernardino County Library System would need to expand or construct new facilities to meet the demand of future development in the Project Area. Future development is assumed to occur over time; thus, any increase in demand for library services would occur gradually as additional development and associated population growth is added to the Project Area. Fontana Municipal Code Section 5-9 provides for library capital facilities fees to be paid by the owners of all new or expanded development of real property in the City. 870
46 The environmental effect of providing library services is associated with the physical impacts of providing new and expanded facilities. The specific impacts of providing new and expanded library facilities cannot be accurately determined at this time. However, the proposed Project does assume some development of public facilities uses could occur within the Civic Core district; the impacts of which have been addressed within this Draft EIR. Any future development of library facilities or other public facilities to serve demand associated with implementation of the proposed Project would be required to comply with regulations, policies, and standards included in the Fontana General Plan and Municipal Code, and would be subject to CEQA review as appropriate. Therefore, impacts related to the provision of other facilities, including library services, are less than significant.

E. Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the 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 any of the public services: Parks? (Draft EIR, Impact 5.13-4, page 5.13-13 to 5.13-15)
Would the Project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Draft EIR, Impact 5.13-4, page 5.13-13 to 5.13-15) Does the Project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Draft EIR, Impact 5.13-4, page 5.13-13 to 5.13-15)
Finding: Less Than Significant Impact
Facts in Support of Finding: Development accommodated through implementation of the proposed Project would result in additional residential and non-residential uses in the Project Area, which would increase demand for parks and recreational facilities. Based on the anticipated growth, Project implementation could yield a net change over existing conditions of an additional 8,900 dwelling units and 2,685,404 square feet of non-residential uses. An additional 33,731 people are expected to be added to the population as a result of Project implementation. These new residents are expected to use park and recreational facilities, and this additional use may result in greater demands on parks and recreational facilities in the City such that deterioration of these facilities could occur or be accelerated. The additional demand on existing parks and recreational facilities would increase the need for maintenance and improvements. These improvements could have environmental impacts, although the exact impacts cannot be determined at this time since the potential improvements are currently unknown. 871
47 According to Fontana General Plan, there are approximately 1,196.3 acres of land in the City for park and recreation use. As noted in the Fontana General Plan, the City also counts 25 percent of the school lands available through joint use agreements with Fontana Unified School District and the Colton Joint Unified School District as usable recreation areas, resulting in an additional 163 acres. Therefore, the City has approximately 1,359.3 acres of park and recreation land.

The provision of new parks and recreation facilities would reduce the potential for adverse impacts and physical deterioration of existing parks and recreation facilities, by providing additional facilities to accommodate the demand for parks and recreation facilities. These new facilities would be provided at a pace and in locations appropriate to serve new development, as required to maintain the City adopted standard for park space acreage at five acres for every 1,000 residents. Based anticipated growth, if the Project is approved, the City would require approximately 1,232.7 acres of parkland dedication to meet the City’s standard of five acres per 1,000 people.

Development under the Project could indirectly lead to the construction of new parks and recreation facilities to serve new growth and to meet existing parks and recreation needs. The Project does not specifically propose any development projects, including parks. As a result, sitespecific physical impacts of future park development and construction cannot be determined until future projects are brought forward for review. As future parks and recreation projects are considered by the City, each project will be evaluated for conformance with the General Plan, Municipal Code, and other applicable regulations. Parks and recreation projects would also be analyzed for potential environmental impacts, consistent with the requirements of CEQA.

Although implementation of the proposed Project would cause an incremental increase in demand for parks in the future, this increase would be further reduced to a less than significant level by the provision of public parkland and private on-site recreational amenities and through the payment of park fees, as established in the Fontana Municipal Code Chapter 21, Article IV, which specifies the requirements that must be met by new development in order to comply with the requirements of Government Code Sections 66477 et seq. and 66000 et seq. for the provision of necessary park and recreational facilities for the City. Compliance with the Municipal Code would ensure parks and recreational facilities would not be overused to the point of substantial deterioration.

It is anticipated that any new parks or recreational facilities that may be constructed in the future would be primarily provided on sites with land use designations that allow such uses and the environmental impacts of constructing and operating the parks and recreational facilities would likely be similar to those associated with new development, redevelopment, and infrastructure projects under the Project. Any future development under the Project would be required to 872
48 comply with regulations, policies, and standards included in the Fontana General Plan and Municipal Code, and would be subject to CEQA review as appropriate. Therefore, impacts to parks and recreational facilities associated with implementation of the Project would be less than significant.

2.2.15 Transportation
A. Would the Project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? (Draft EIR, Impact 5.15-1, page 5.15-13 to 5.15-14)
Finding: Less Than Significant Impact
Facts in Support of Finding: A conflict could occur if the proposed Project would preclude the ability of Fontana to implement its goals or policies. For the purpose of this analysis, the Project could result in a significant impact if it results in a conflict with any adopted City of Fontana programs, plans, ordinances, and policies.

The Project proposes to modify the existing circulation within the Project Area specific to Nuevo Avenue, Wheeler Avenue, and Sierra Avenue. General Plan Chapter 9, Community Mobility and Circulation, Exhibit 9.2, Hierarchy of Streets in Fontana, would be amended to modify the roadway functional class for Nuevo Avenue and Wheeler Avenue and to remove the roadway functional class for Sierra Avenue between Arrow Boulevard and Orange Way. The proposed street closure and associated pedestrian improvements would help to implement several City policies, as noted below. A local transportation analysis is being prepared to evaluate the performance of the circulation system so that intersections and roadways are designed to accommodate future traffic volumes.

The City’s Active Transportation Plan (ATP) describes the related policies necessary to ensure that pedestrian and bicycle facilities are safe and effective for Fontana residents, employees and visitors. Using the ATP as a guide, significant impacts to these facilities would occur when a plan or project:
 creates a hazardous condition that currently does not exist for pedestrians and bicyclists, or otherwise interferes with pedestrian accessibility; or  conflicts with an existing or planned pedestrian or bicycle facility; or  conflicts with policies related to bicycle and pedestrian facilities as adopted by the City of Fontana for its respective facilities.

The Project would enhance the pedestrian experience by providing a more walkable and denser environment. It would also close a quarter-mile portion of Sierra Avenue to vehicular traffic.

Within the Project Area, the City of Fontana’s ATP includes new planned bike facilities on Foothill Boulevard, Arrow Boulevard, Valencia Avenue, Orange Way, Ceres Avenue, and Sierra Avenue. 873
49 The Project would close a quarter-mile segment of Sierra Avenue to traffic while still allowing for a Class I bike path on that segment. The Project would also allow for Class 2 bike lanes on Valencia Avenue and Orange Way to provide for east-west bicycle traffic in the area. The Project is consistent with the goals and policies of Fontana’s ATP by focusing on land use development near high-quality transit service and implementing Complete Streets improvements that would enhance the safety and attractiveness of bicycle and pedestrian travel. The development would be fully consistent with local and regional policies for reducing VMT and greenhouse gas emissions as well as improving transportation safety.

Generally, a plan/project causes a significant impact to transit facilities and services if an element of it conflicts with existing or planned transit services. The evaluation of transit facilities shall consider if:
 a plan or project creates demand for public transit services above the capacity that is provided or planned;
 a plan or project or related mitigation disrupts existing transit services or facilities;  a plan or project or related mitigation conflicts with an existing or planned transit facility; or
 a plan or project or related mitigation conflicts with transit policies adopted by the City of Fontana for its respective facilities.

The Downtown Core Project would provide for increased activity adjacent to existing bus and rail transit services and be consistent with regional plans to provide service improvements and increase ridership on those services. The proposed plans would not conflict with transit policies adopted by the City of Fontana or San Bernardino County for their respective facilities.

In conclusion, the City has numerous policies supporting complete streets and to promote use of transit and active transportation. The proposed Project would not conflict with policies, plans, or programs regarding roadways, bicycle, pedestrian, or transit facilities or the performance or safety of those facilities. The Project would support the implementation of policies and programs to provide new and improved facilities to support multi-modal transportation and access within the Project Area. Impacts would be less than significant.

B. Would the Project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)? (Draft EIR, Impact 5.15-2, page 5.15-13 to 5.15-14) Finding: Less Than Significant Impact
Facts in Support of Finding: Consistent with the City’s TIA Guidelines, a project may be screened out of a detailed VMT analysis if one of the four following conditions apply:
 Development is located in a transit priority area
 Development is located in a low VMT generating area
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50  Development is considered to be a low VMT generating project type  Development generates net daily trips less than 500 average daily trips (ADT) The Project as a whole does not meet any of screening criteria above. While most of the Project is located within a transit priority area, it is not entirely located within a transit priority area, and therefore cannot be screened out as a whole.

For projects that are not screened out, a detailed VMT analysis and forecast through the SBTAM model should be conducted to determine if the project will result in a significant VMT impact. A project would result in a significant project-generated VMT impact if:
 Project Threshold: the project’s VMT per service population exceeds 15 percent below the existing countywide average VMT per service population.  Cumulative Threshold: the project causes total daily VMT within the City to be higher than the no project alternative under cumulative conditions.

Table 5.14-2 of the Draft EIR summarizes the VMT results under existing, 2040 without Project, and 2040 with Project conditions. As shown, future conditions with the proposed Project would result in decreased VMT per service population in comparison to both existing conditions and 2040 Without Project conditions. Specifically: the VMT per service population with the Project would be 36 percent lower than existing conditions; the VMT per service population with the Project would be four percent lower than 2040 Without Project conditions. The reductions from the existing (base) year to the future year indicate that future development anticipated by the proposed Project, in particular planned mixed-use development, would provide more opportunities for Fontana residents and employees to access jobs and services within shorter distances. The shorter trip distances reduce VMT by vehicles, and also increase the likelihood that trips would be made by non-auto modes such as bicycling and walking. Improved transit service and accessibility to transit also help to reduce VMT even as travel activity increases.

Implementation of the Project would result in reductions in VMT per service population compared to existing conditions and would not exceed the impact threshold. Therefore, the Project would not conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b) and the impact of the Project would be less than significant.

C. Would the Project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Draft EIR, Impact 5.15-3, page 5.15-16)
Finding: Less Than Significant Impact
Facts in Support of Finding: Buildout of the Project would involve the alteration, intensification, and redistribution of land uses in the Project Area. Hazards are typically assessed 875
51 at the individual project level when an actual design and construction of a circulation facility is proposed. Potential impacts associated with future development projects would be analyzed and evaluated in detail through the City review process for those individual projects. The City’s design and construction standards and specifications provide for coordinated and standardized development of City facilities, including roadways. The standards apply to, regulate, and guide the design and preparation of plans, and the construction of streets, highways, alleys, drainage, traffic signals, site access, and related public improvements. As individual projects would undergo review for approval and construction and would have to meet design guidelines, potential safety design hazards associated with future site-specific development projects would be addressed and result in less than significant impacts.

The proposed modifications to Sierra Avenue in the area between Orange, Arrow, Wheeler and Nuevo that would consist of roadway and intersection modifications that would affect all modes of travel. These improvements are currently under concept-level review. Prior to implementation, these improvements would be subject to a detailed review and future consideration by the City’s Public Works engineering staff. An evaluation of the roadway alignments, intersection geometrics, and traffic control features would be conducted at the project design level. Roadway improvements would have to be made in accordance with the City’s circulation plan and roadway design guidelines and meet design guidelines in the California Manual of Uniform Traffic Control Devices and the Caltrans Roadway Design Manual. In addition, the City of Fontana General Plan Community Mobility and Circulation Element includes goals, policies, and actions to improve the safety of all users of the transportation system in the City, including ensuring all streets, intersections, and parking areas are designed with safety and all users in mind; working with Metrolink to increase safety at train crossings, including improving gate technology, grade separation, and signal coordination; and implementing accessmanagement techniques in commercial and mixed-use areas that allow for smooth traffic flow while creating a safe environment for non-motorized users. Overall, implementation of the Downtown Core Project would not result in hazardous conditions.

D. Would the Project result in inadequate emergency access? (Draft EIR, Impact 5.15-4, page

5.15-17)
Finding: Less Than Significant Impact
Facts in Support of Finding: The proposed Downtown Core Project would provide for increased residential and non-residential uses within the Project Area. Additionally, the Project proposes roadway modifications that would ultimately close a quarter-mile portion of Sierra Avenue to vehicular traffic. This would occur in two phases. Phase I (interim condition) would reduce the number of travel lanes on Sierra Avenue from two lanes in each direction to one lane in each direction, convert Wheeler Avenue to a one-way northbound street, and convert Nuevo 876
52 Avenue to a one-way southbound street. Phase II (the ultimate condition) would close Sierra Avenue between Arrow Boulevard and Orange Way to vehicular traffic, diverting traffic to parallel streets.

Implementation of the proposed Project would not result in inadequate emergency access.

Emergency access associated with future site-specific development would be analyzed and evaluated in detail through the City review process for those individual projects. The Fontana Fire Protection District (FFPD) provides fire and emergency response service to the City of Fontana, including the Project Area. Future development within the Downtown Core would be required to comply with applicable City codes and regulations pertaining to emergency response and evacuation plans maintained by the City police and fire departments. The City’s emergency access standards would apply to all development proposed under the proposed Project.

The ultimate closure of a quarter-mile portion of Sierra Avenue to vehicular traffic would not result in inadequate emergency access. Closure of a portion of Sierra Avenue would also involve the conversion of Wheeler Avenue to a one-way northbound street, and Nuevo Avenue to a oneway southbound street, providing continued emergency access within the area. Further, the proposed closure and ultimate design of Sierra Avenue would be reviewed by the FFPD to ensure that adequate emergency access would be maintained within the area.

The City has adopted the current edition of the California Fire Code and access for emergency vehicles would be required to be incorporated into project design. Construction activities that may temporarily restrict vehicular traffic would be required to implement appropriate measures to facilitate the passage of persons and vehicles through/around any required road closures.

Primary access to all major roads would be maintained during construction of future developments within the Project Area. As part of the site review process, future development projects would be reviewed for adequate infrastructure and access as well as consistency with adopted emergency and evacuation plans in order to ensure adequate emergency access would be provided. Therefore, Project implementation would not result in inadequate emergency access and impacts would be less than significant.

2.2.16 Utilities and Services Systems
A. Would the Project require or result in the relocation or construction of new or expanded water facilities, the construction or relocation of which could cause significant environmental effects? (Draft EIR, Impact 5.16-1, page 5.16-12 to 5.16-13) B. Would the Project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? (Draft EIR, Impact 5.16-1, page 5.16-12 to 5.16-13)
Finding: Less Than Significant Impact
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53 Facts in Support of Finding: The proposed Project accommodates future growth in the Project Area by creating and implementing a new land use category and six new FBC districts.

Project implementation could yield a net change over existing conditions of an additional 8,900 dwelling units and 2,685,404 square feet of non-residential uses. This new growth may increase the City’s population by approximately 33,731 residents (based on the 2022 California Department of Finance estimated household size of 3.79 persons per household).

Water Conveyance Facilities: The Project is expected to result in increased population and employment growth in the Project Area, which could require new or expanded water infrastructure. New or expanded water infrastructure required to serve future site-specific development would be located within areas that are already developed and serviced by the FWC.

Additionally, the FWC confirmed that the Project is entirely within the FWC service area; that distribution system piping and storage capacity for domestic water purposes exists for current demands in the Project Area; and that FWC is able to provide all water utility service to meet the water supply needs of the Project.

Since no specific development projects are proposed as part of the Project, the environmental effects from constructing or expanding facilities are unknown at this time. All water infrastructure construction activities associated with future development would be subject to compliance with existing local, State, and federal laws, ordinances, and regulations, which would ensure impacts are reduced to less than significant levels. The City and FWC would continue to ensure adequate water distribution facilities are available to serve future development. Fontana Municipal Code Chapter 31, Water Service, establishes water service and connection charges for areas where the City of Fontana supplies retail domestic water service. These charges would pay for the relocation or construction of new or expanded water facilities. Implementation of existing regulations and compliance with the General Plan and Municipal Code would reduce impacts associated with the relocation or construction of new or expanded water facilities to a level that is less than significant.

Water Demand and Supply: The Project is expected to result in increased population and employment growth in the Project Area, and a corresponding increase in the demand for additional water supplies. As discussed above, water service in the Project Area is provided by the FWC. FWC’s 2020 UWMP indicates that FWC can meet projected water demands under normal, dry, and multiple dry water years through 2045 based on a service population of 281,020.

Based on FWC’s water demand generation factor of 165 gallons per capita per day, the Project would increase water demand within the Project Area to approximately 6.83 million gallons per day (MGD) [7,649 acre-feet per year (AFY)], an increase of 5.57 MGD (6,234 AFY) over existing conditions. The General Plan EIR anticipates approximately 70,560 households and a population of 315,852 throughout the planning horizon. The City currently has approximately 57,483 878
54 dwelling units and 212,809 residents. Therefore, the projected 8,900 dwelling units and 33,731 new residents associated with Project implementation have been anticipated and planned for in the General Plan. As UWMPs are informed by the General Plans and General Plan land use designations, the projected population growth associated with Project implementation has been accounted for in the 2020 UWMP. Additionally, the FWC confirmed that the Project is entirely within the FWC service area; that distribution system piping and storage capacity for domestic water purposes exists for current demands in the Project Area; and that FWC is able to provide all water utility service to meet the water supply needs of the Project.

For future qualifying projects, a Water Supply Assessment would be required pursuant to SB 610.

The Water Supply Assessment discerns whether the expected demand from the development being proposed has been accounted for in the forecasted demands in the most recent UWMP. A Written Verification of Supply per SB 221 is prepared as a condition of approval for a subdivision map of 500 units or more. Considered a fail-safe mechanism to provide sufficient evidence that adequate water supplies are available before construction begins, the Written Verification of Supply is also prepared/adopted by the water supplier and approved by the land use authority.

Depending on the project, one or both of these analyses may be required. Development proposals that may not warrant a Water Supply Assessment and/or Written Verification of Supply, but meet the definition of a project under CEQA, would still require an analysis of sufficient water supplies in the CEQA process.

The Fontana General Plan includes goals, policies, and actions directed toward water conservation. These actions would result in reduced water consumption on a per capita basis that would help offset the increased demand from additional residential and non-residential uses. The Fontana Municipal Code Chapter 31, Water Service, establishes water service and connection charges for areas where the City of Fontana supplies retail domestic water service.

These charges would pay for the purchase of additional water supplies, as necessary. The Municipal Code also contains provisions to reduce water consumption. Chapter 5, Article XVIII, California Green Building Standards Code, adopts Part 11 of Title 24 of the California Code of Regulations (CALGreen), which provides building and landscaping standards related to water efficiency and conservation. Chapter 30 (Zoning and Development Code), Article X, General Landscape Requirements, establishes landscaping requirements and design guidelines, including landscape and irrigation plans that incorporate water-efficiency standard design. Through implementation of existing federal, State, and local regulations and compliance with the General Plan and Municipal Code, the environmental impacts to water supplies would be less than significant.

C. Would the Project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s 879
55 projected demand in addition to the provider’s existing commitments? (Draft EIR, Impact

5.16-2, page 5.16-14 to 5.16-15)
Finding: Less Than Significant Impact
Facts in Support of Finding: Project implementation could yield a net change over existing conditions of an additional 8,900 dwelling units and 2,685,404 square feet of non-residential uses. This new growth may increase the City’s population by approximately 33,731 residents.

Wastewater Conveyance Facilities: In regard to wastewater, future development associated with Project implementation is expected to result in increased population and employment growth within the Project Area, and thus, an overall increase in demand on the existing sewer system associated with increased sewage flows. Based on Section 23-316 of the City’s Municipal Code, which calculates sewer connection charges based upon 270 gallons per residential equivalent dwelling unit, growth associated with Project implementation would generate an additional 2,403,000 gallons per day of residential wastewater within the Project Area. Based on the General Plan EIR’s wastewater generation factors (Table 5.12-8) of 10.76 gallons per acre per day for commercial and industrial uses and 5.38 gallons per acre per day for public facilities uses, growth associated with Project implementation would generate an additional 332 gallons per day of non-residential wastewater. Therefore, growth associated with Project implementation would generate an additional 2.4 MGD of wastewater within the Project Area, an increase of 1.9 MGD over the Project Area’s existing conditions.

The Project Area is urbanized and contains existing sewer infrastructure. As indicated in the 2013 Sanitary Sewer Master Plan, there are no deficient sewer facilities within the City in the Existing and Intermediate scenarios, but the Build-out scenario is estimated to have 2.07 miles of deficient sewers. No deficient sewers were identified within the Project Area. The City is currently in the process of updating the 2013 Sanitary Sewer Master Plan. As part of the update, the adequacy of existing sewers based on the City’s existing Land Use Map will be studied and recommended improvements identified for deficient areas. The update is anticipated to be completed prior to consideration of the proposed Downtown Core Project. According to the City of Fontana Engineering Department, a separate study is anticipated for the Project Area that will serve as a management plan for new or expanded sewers within the Project Area.

The Project does not include specific development proposals; therefore, the environmental effects of future wastewater collection systems are unknown at this time. Future developments would be reviewed by the City, during site plan review in order to determine if sufficient local and trunk sewer capacity exists to serve the specific development, in accordance with Fontana Municipal Code Chapter 23 Article IV, Permits. The Fontana General Plan includes goals, policies, and actions related to water conservation measures, which would serve to reduce the per capita 880
56 demand over historical levels due to diversion (graywater, recycled water), and reductions in water use from conservation efforts. Additionally, Fontana Municipal Code Article V, Fees, Charges and Billing, and Article VIII, Financing of Facilities, provides for sewer connection and facilities expansion fees. The implementation of existing regulations and compliance with the General Plan and Municipal Code would reduce impacts associated with the relocation or construction of new or expanded wastewater facilities to a level that is less than significant.

Wastewater Treatment: Wastewater from the Project Area is diverted to the San Bernardino Avenue Lift Station and then to the IEUA Regional Water Reclamation Plant No. 4 (RP-4). RP-4 has a treatment capacity of up to 14 MGD and currently treats the liquid portion of an average influent wastewater flow of approximately 10 MGD. The facility currently has capacity to serve the Project Area. As indicated above, growth associated with Project implementation would generate an additional 2.4 MGD of wastewater within the Project Area, an increase of 1.9 MGD over the Project Area’s existing conditions. Therefore, there is sufficient capacity to treat additional wastewater generated by Project implementation.

As noted above, the Project enables additional development but does not include specific development proposals. At the time future projects are proposed, they would require a separate environmental review and compliance with regulations in existence at that time to ensure adequate wastewater treatment capacity exists. The Fontana General Plan includes goals, policies, and actions related to water conservation measures, which would serve to reduce the per capita demand over historical levels due to diversion (graywater, recycled water), and reductions in water use from conservation efforts. Fontana Municipal Code Article V, Fees, Charges and Billing, and Article VIII, Financing of Facilities, provides for sewer connection and facilities expansion fees. Additionally, IEUA charges monthly wastewater sewer fees, as well as sewer connection fees, in order to maintain and expand wastewater services, including wastewater treatment. The implementation of existing federal, State, and local regulations and compliance with the Fontana General Plan and Municipal Code would ensure adequate wastewater treatment capacity and impacts would be less than significant.

D. Would the Project require or result in the relocation or construction of new or expanded stormwater facilities, the construction or relocation of which could cause significant environmental effects? (Draft EIR, Impact 5.16-3, page 5.16-15 to 5.16-16) Finding: Less Than Significant Impact
Facts in Support of Finding: The Project Area contains a mix of existing on-site development, with a small amount (approximately 12.07 acres or 2.5 percent of the Project Area) consisting of vacant land. The Project Area is generally developed; areas of impervious surfaces currently exist throughout the Planning area. Further, the Project Area is served by existing 881
57 stormwater drainage and conveyance facilities. The proposed Project accommodates future growth in the Project Area by creating and implementing a new land use category and six new FBC districts, and could result in increased areas of impervious surfaces throughout the Project Area, resulting in the need for additional or expanded stormwater drainage, conveyance and retention infrastructure.

The San Bernardino Flood Control District (SBCFCD) is responsible for operations and maintenance of the regional flood control facilities, while the City is responsible for the local drainage system, detention basins, and storm drain lines that connect to the regional facilities.

The Project Area is primarily developed, with limited areas of pervious surfaces. Although future development activities have the potential to slightly increase impervious areas within the Project Area, the majority of development activities associated with implementation of the Project would consist of infill and redevelopment on currently urbanized sites. Therefore, implementation of the Project would not substantially increase the rate or amount of surface runoff. Federal, State and local regulations would require individual projects to provide necessary on-site storm drain infrastructure and any off-site infrastructure improvements. The specific impacts of providing new and expanded drainage facilities cannot be determined at this time, as the Project does not propose or approve any specific development project nor does it designate specific sites for new or expanded public facilities.

Stormwater drainage and conveyance facilities would be evaluated at the project-level in association with subsequent development projects. However, the facilities would be primarily provided on sites with land use designations that allow such uses and the environmental impacts of constructing and operating the facilities would likely be similar to those associated with new development, redevelopment, and infrastructure projects under the proposed Project. As future development and infrastructure projects are considered by the City, each project will be evaluated for conformance with the General Plan, Municipal Code, and other applicable regulations. Subsequent development and infrastructure projects would also be analyzed for potential environmental impacts, consistent with the requirements of CEQA. As such, this is a less than significant impact and no additional mitigation is required.

The implementation of existing regulations and compliance with the Fontana General Plan and Municipal Code would reduce impacts associated with the relocation or construction of new or expanded stormwater facilities to a level that is less than significant.

E. Would the Project require or result in the relocation or construction of new or expanded electrical, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? (Draft EIR, Impact 5.16-4, page 5.16- 16 to 5.16-17)
882
58 Finding: Less Than Significant Impact
Facts in Support of Finding: In regard to electrical, natural gas, and telecommunication services, the Project Area is within the service areas of SCE, SoCalGas, and various telecommunication providers. The Project Area is generally developed and existing electrical, natural gas, and telecommunications infrastructure exists within the Project Area. New growth accommodated under the proposed Project would require increased electrical, natural gas, and telecommunications services, potentially resulting in the new construction or relocation of facilities. The environmental effects of future expansions of electrical, natural gas, and telecommunication facilities would be evaluated with each development proposal and would require a separate environmental review, as required, related to the construction and operation of new electrical, natural gas, and telecommunications infrastructure. Future implementing projects under the Project would have to coordinate with each utility provider to establish service, provide any necessary extensions of facilities, and comply with regulations in existence at that time. As future development and infrastructure projects are considered by the City, each project would be evaluated for conformance with the General Plan, Municipal Code, and other applicable regulations. The implementation of existing regulations and compliance with the Fontana General Plan and Municipal Code would reduce impacts associated with the relocation or construction of new or expanded electrical, natural gas, and telecommunications facilities to a level that is less than significant.

F. Would the Project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? (Draft EIR, Impact 5.16-5, page 5.16-17 to 5.16-18) G. Would the Project comply with federal, state, and local management and reduction statutes and regulations related to solid waste? (Draft EIR, Impact 5.16-5, page 5.16-17 to 5.16-18)
Finding: Less Than Significant Impact
Facts in Support of Finding: Future development as contemplated under the proposed Project could yield a net change over existing conditions of an additional 8,900 dwelling units and 2,685,404 square feet of non-residential uses. This new growth may increase the City’s population by approximately 33,731 residents. The City of Fontana has achieved a disposal rate of 4.7 pounds per day (PPD) per resident in 2020. Assuming these disposal rates remain constant throughout the life of the Project, the new growth under Project buildout would result in a net increase of approximately 158,535.7 PPD of solid waste over existing conditions, which equals

79.3 net TPD or 28,932.8 net tons of solid waste per year. 883
59 The Project Area’s projected increase in solid waste generation is within the permitted capacity of Mid-Valley Sanitary Landfill. The majority (70 percent) of solid waste disposed from the City of Fontana in 2019 went to the Mid-Valley Sanitary Landfill. Another 11 percent went to the El Sobrante Landfill (19,222 tons) and nine percent went to the Badlands Sanitary Landfill (15,392 tons). Other landfills that received relatively small amounts of waste from the City in 2019 include:
 Antelope Valley Public Landfill (5 tons);
 Barstow Sanitary Landfill (2 tons);
 Chiquita Canyon Sanitary Landfill (18 tons);
 Clean Harbors Buttonwillow LLC (19 tons);
 Frank R. Bowerman Sanitary LF (30 tons);
 Lamb Canyon Sanitary Landfill (299 tons);
 Landers Sanitary Landfill (5 tons);
 Olinda Alpha Landfill (54 tons);
 San Timoteo Sanitary Landfill (108 tons);
 Simi Valley Landfill & Recycling Center (35 tons); and  Victorville Sanitary Landfill (48 tons).

Mid-Valley Sanitary Landfill has a remaining capacity of 61,219,377 cubic yards as of 2019 and has enough projected capacity to serve residents and businesses until approximately 2045. The City’s increase in solid waste generation as a result of increased development in the Project Area is within the daily permitted capacity of the Mid-Valley Sanitary Landfill. Conservatively assuming the Mid-Valley Sanitary Landfill reaches full capacity, future solid waste would be distributed to the other landfills serving the City. Additionally, all development within the City would be required to comply with waste reduction and recycling requirements, including the Fontana Municipal Code Chapter 24, that aim to reduce the amount of solid waste being diverted to the landfill.

The Fontana Municipal Code, Chapter 24 establishes mandatory solid waste and recycling collection to comply with the requirements of AB 939 and AB 341. As permitted by AB 939, the City authorizes a private solid waste franchisee (i.e., Burrtec Waste Industries) to handle the City’s solid waste and cooperate in the preparation of solid waste disposal characterization studies and the preparation of waste stream audits. Burrtec Waste Industries and the City work together to submit information to meet the reporting requirements of AB 939, or any other law or regulation, to reach the solid waste and recycling goals mandated by the AB 939.

Through the implementation of existing regulations and compliance with the General Plan and Municipal Code, the Project would comply with regulations related to solid waste and would not 884
60 exceed the permitted capacity of the landfill serving the City; therefore, this is a less than significant impact

2.2.17 Wildfire
A. Would the Project substantially impair an adopted emergency response plan or emergency evacuation plan? (Draft EIR, Threshold a, page 8-6) B. Would the Project due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? (Draft EIR, Threshold b, page 8-6) C. Would the Project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? (Draft EIR, Threshold c, page 8-6)
D. Would the Project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? (Draft EIR, Threshold d, page 8-6)
Finding: No Impact
Facts in Support of Finding: According to the CALFIRE Fire Hazard Severity Zone Maps, the Project Area is not located within a state responsibility area or classified as a Very High Fire Hazard Severity Zone. The City’s General Plan and Local Hazard Mitigation Plan do not identify the Project Area as being within an area with high fire hazard potential, and the Project Area is not located within the City’s Fire Hazard Overlay District. As the Project is not located in or near state responsibility areas or lands classified as very high fire hazard severity zones, no impact would occur.

2.3 Impacts Identified in the EIR as Potentially Significant that Have been Mitigated to a Level of Less than Significant
The City Council hereby finds that feasible mitigation measures have been identified in the EIR that will avoid or substantially lessen the following potentially significant environmental impacts to a less than significant level, pursuant to CEQA Guidelines § 15091(a)(1). The potentially significant impacts, and the mitigation measures that will reduce them to a less than significant level, are as follows:
885
61 2.3.1 Biological Resources
A. Would the Project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or U. S. Fish and Wildlife Service? (Draft EIR, Impact 5.3-1, page 5.3-10 to 5.3-13)
Finding: Less Than Significant Impact with Mitigation Incorporated Facts in Support of Finding: The Project Area is located within an urbanized area and currently developed with residential and non-residential uses. The Project Area consists primarily of developed and/or disturbed land that has been developed, paved, or landscaped, and existing vegetation consists of primarily ornamental and/or nonnative plant species. The General Plan EIR does not identify any sensitive natural communities located on or adjacent to the Project Area.

There have been documented occurrences of three special-status species within the general vicinity of the Project Area, including the western yellow bat, Southern California legless lizard, and Delhi Sands flower-loving fly. The Project Area does not contain any areas identified within the General Plan EIR as having critical habitat for federally listed species or having biological constraints to future development associated with suitable habitat for San Bernardino Kangaroo Rat, Delhi Sands Flower-Loving Fly, Coastal California Gnatcatcher and Burrowing Owl; designated critical habitat; areas with known CNDDB and/or eBird records for San Bernardino Kangaroo Rat, Delhi Sands Flower-Loving Fly, Coastal California Gnatcatcher, or Burrowing Owl; or areas mapped as Delhi fine sand and soils.

Although primarily developed, there are a limited number of non-contiguous undeveloped parcels within the Project Area consisting of disturbed and/or graded areas that have the opportunity to be revegetated with opportunistic weedy species including non-native annual grasses and weedy forbs. In more disturbed areas, grasslands may be almost entirely overgrown with Russian thistle (Salsola tragus) and/or mustard. This habitat is particularly valuable to raptors and other avian species, including northern harriers (Circus cyaneus), Burrowing Owl, horned larks (Eremophila alpestris), red-tailed hawks (Buteo jamaicensis), ferruginous hawks (Buteo regalis), and loggerhead shrikes (Lanius ludovicianus).

Although the Project Area is not within an area identified as having critical habitat or areas known to contain Burrowing Owl, the General Plan EIR identifies Burrowing Owl as a species of concern that is known to occur within the City of Fontana boundaries and could theoretically inhabit undeveloped land within the City, including the Project Area. Burrowing Owl is known to nest in existing burrows, culverts, or other appropriately-sized holes on disturbed, vacant, or agricultural lands. Further there is the potential that ornamental vegetation within the Project Area could provide potential nesting sites for birds that are protected under Sections 3503, 3503.5, and 3513 886
62 of the California Fish and Game Code and under the Migratory Bird Treaty Act. Thus, there is potential for construction activities to negatively affect breeding or reproduction of protected nesting birds within the Project Area.

The Downton Core Project does not include any specific development proposals and would not result in significant direct impacts to existing biological resources. However, subsequent development and redevelopment activities associated with implementation of the proposed Project could occur on undeveloped sites that have been revegetated or result in the removal of ornamental vegetation, potentially resulting in direct impacts to Burrowing Owl or nesting birds.

Future development associated with implementation of the proposed Project would be required to implement General Plan EIR mitigation measures MM-BIO-1 and MM-BIO-2 (incorporated as Mitigation Measures BIO-1 and BIO-2). Specifically, Mitigation Measure BIO-1 requires that for sites containing suitable habitat, a qualified biologist conduct a pre-construction survey prior to ground disturbing or vegetation disturbing activities to determine the presence or absence of burrowing owl within the proposed area of impact and appropriate actions if occupied burrows are discovered. Mitigation Measure BIO-2 provides that clearing of vegetation and removal of trees should occur during the non-nesting (or non-breeding) season for nesting birds to ensure their protection, if feasible. If not feasible, Mitigation Measure BIO-2 provides the alternative of carrying out such activities under the supervision of a qualified biologist. Compliance with Mitigation Measures BIO-1 and BIO-2, the Migratory Bird Treaty Act, and the California Fish and Game Code, would ensure that protected birds are not adversely affected during construction activities accommodated as part of the Downtown Core Project and impacts would be reduced to less than significant.

Mitigation Measures:

BIO-1:

1. Prior to initial grading or clearing of areas of suitable habitat within the Project Area (e.g., a vacant site with a landscape of grassland or low-growing, arid scrub vegetation or agricultural use or vegetation), a qualified biologist shall conduct a pre-construction survey, in accordance with the CDFG Staff Report on Burrowing Owl Mitigation, to determine the presence or absence of burrowing owl within the proposed area of impact.

2. Results of surveys, including mitigation recommendations (i.e., a Burrowing Owl Mitigation and Monitoring Report) shall be incorporated into the project-level CEQA compliance documentation.

3. Construction grading/clearing of areas of suitable habitat should occur between September 1 and January 31 to avoid impacts to breeding owls. If occupied burrows are discovered, they shall not be removed during nesting season (February 1 through August 31), unless a qualified biologist can determine that either the owls have not laid eggs or are incubating eggs, or that any young from the burrows are able to forage 887
63 independently. If initial grading is scheduled to occur during nesting season, the following measures shall be implemented.

4. If removal of occupied burrows is necessary, passive relocation outside of nesting season shall be implemented under the supervision of the qualified biologist. This shall include covering/excavation of burrows and installation of one-way doors as necessary. One-way doors will allow owls inside the burrow to exit but not allow them to re-enter. The biologist shall wait a minimum of one week before the burrow may be excavated to allow the owls time to leave the area. (General Plan EIR MM-BIO-1) BIO-2: To avoid impacts to nesting birds and to comply with the MBTA, clearing of vegetation and removal of trees should occur between non-nesting (or non-breeding) season for birds (generally, September 1 to January 31). If this avoidance schedule is not feasible, the alternative is to carry out such activities under the supervision of a qualified biologist. This shall entail the following:

1. A qualified biologist shall conduct a pre-construction nesting bird survey no more than 14 days prior to initiating ground disturbance activities. The survey will consist of full coverage of the proposed disturbance limits and up to a 500-foot buffer area, determined by the biologist and taking into account the species nesting in the area and the habitat present.

2. If no active nests are found, no additional measures are required.

3. If “occupied” nests are found, their locations shall be mapped, species documented, and, to the degree feasible, the status of the nest (e.g., incubation of eggs, feeding of young, near fledging) recorded. The biologist shall establish a no-disturbance buffer around each active nest. The buffer area will be determined by the biologist based on the species present, surrounding habitat, and type of construction activities proposed in the area.

4. No construction or ground disturbance activities shall be conducted within the buffer until the biologist has determined the nest is no longer active and has informed the construction supervisor that activities may resume. (General Plan EIR MM-BIO-2)

2.3.2 Cultural Resources
A. Would the Project cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5? (Draft EIR, Impact 5.4-1, page 5.4-12 to 5.4-14) Finding: Less Than Significant Impact with Mitigation Incorporated Facts in Support of Finding: The Project Area includes five California Points of Historic Interest as well as 14-locally designated historic resources. Additionally, undiscovered or potentially eligible sites may be located within the Project Area. Redevelopment and alteration of existing structures has the potential to impact known and potentially eligible historical 888
64 resources. A substantial adverse change in the significance of an historic resource is defined in Section 15064.5 (b)(1) of the CEQA Guidelines as the “physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of an historical resource would be materially impaired.” According to the General Plan EIR, more sites are likely eligible for listing in the California Register of Historic properties or the National Register of Historic Places, notably in the northern portion of the Project Area, which hosts a higher concentration of historic-era buildings, including many that are considered significant by the local community. While the Downtown Core Project does not directly propose any changes to any historic resources, future development allowed under the Downtown Core Project could cause a substantial adverse change in the significance of known historical resources or unknown historical resources which have not yet been identified.

This is considered a potentially significant impact.

The Fontana General Plan contains goals, policies, and actions to identify and protect historic resources within the City. In addition, future development associated with implementation of the proposed Project would be required to implement General Plan mitigation measures identified in the General Plan DEIR. Specifically, General Plan EIR mitigation measure MM-CUL-1 requires a qualified archaeologist to perform a number of tasks prior to construction activities, including:
subsequent to a preliminary City review, if evidence suggests the potential for historic resources, conduct a field survey for historical resources within portions of the project site not previously surveyed; subsequent to a preliminary City review, if evidence suggests the potential for historic resources, contact the San Bernardino County Archives for information on historical property records; inventory all historical resources within the project site using appropriate State record forms and guidelines followed according to the California Office of Historic Preservation’s handbook; evaluate the significance and integrity of all historical resources within the project site using criteria established in the CEQA Guidelines for important archaeological resources and/or 36 CFR 60.4 for eligibility for listing on the National Register of Historic Places; propose mitigation measures and/or implement conditions of approval (if a local government action) recommended to eliminate adverse project effects on significant, important, and unique historical resources, following appropriate CEQA and/or National Historic Preservation Act's Section 106 guidelines; prepare a technical resources management report documenting the inventory, evaluation, and proposed mitigation of resources within the project site, following guidelines for Archaeological Resource Management Reports prepared by the California Office of Historic Preservation, Preservation Planning Bulletin 4(a), December 1989; and permanently curate all resources and data collected within the project site at an appropriate repository within the County.

As future development and infrastructure projects are considered by the City, each project would be evaluated for conformance with the Fontana General Plan, Municipal Code, and other applicable State and local regulations relative to historic and potentially historic resources. Future 889
65 development associated with implementation of the Downtown Core Project would be required to implement General Plan EIR mitigation measure MM-CUL-1 (incorporated as Mitigation Measure CUL-1), which would ensure evaluation of a project site for historical resources and, if necessary, implement mitigation measures to reduce impacts to a level that is less than significant. Per Fontana Municipal Code Chapter 5, Article XIII, Preservation of Historic Resources, potential historic resources and/or districts may be considered by the Planning Commission and/or City Council, and would require approval prior to alteration, restoration, rehabilitation, remodeling, construction, addition, change of use, demolition, relocation or removal of any designated or proposed historical resource or any improvement or object in a designated or proposed historical overlay district. Further, for structures that potentially have historical significance, the City would require preparation of a study by a qualified professional archaeologist or historian to determine the significance of the structure and potential impacts of the proposed development in compliance with CEQA. Therefore, with compliance with federal, State, and local regulations, including the General Plan and General Plan Mitigation Measures, the Project would not cause a substantial adverse change in the significance of a historical resource and impacts would be less than significant.

Mitigation Measures:

CUL-1: A qualified archaeologist shall perform the following tasks, prior to construction activities within project boundaries:
 Subsequent to a preliminary City review, if evidence suggests the potential for historic resources, a field survey for historical resources within portions of the project site not previously surveyed for cultural resources shall be conducted.  Subsequent to a preliminary City review, if evidence suggests the potential for historic resources, the San Bernardino County Archives shall be contacted for information on historical property records.
 Subsequent to a preliminary City review, if evidence suggests the potential for sacred land resources, the Native American Heritage Commission shall be contacted for information regarding sacred lands.
 All historical resources within the project site, including archaeological and historic resources older than 50 years, shall be inventoried using appropriate State record forms and guidelines followed according to the California Office of Historic Preservation’s handbook “Instructions for Recording Historical Resources.” The archaeologist shall then submit two (2) copies of the completed forms to the San Bernardino County Archaeological Information Center for the assignment of trinomials.
 The significance and integrity of all historical resources within the project site shall be evaluated, using criteria established in the CEQA Guidelines for important archaeological resources and/or 36 CFR 60.4 for eligibility for listing on the National Register of Historic Places.
890
66  Mitigation measures shall be proposed and conditions of approval (if a local government action) recommended to eliminate adverse project effects on significant, important, and unique historical resources, following appropriate CEQA and/or National Historic Preservation Act's Section 106 guidelines.  If there is evidence that a historical resource exists or could exist, a technical resources management report shall be prepared, documenting the inventory, evaluation, and proposed mitigation of resources within the project site, following guidelines for Archaeological Resource Management Reports prepared by the California Office of Historic Preservation, Preservation Planning Bulletin 4(a), December 1989. One copy of the completed report, with original illustrations, shall be submitted to the San Bernardino County Archaeological Information Center for permanent archiving.
 If human remains or funerary objects are encountered on the project site, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the San Bernardino County Coroner’s Office shall be contacted pursuant to Health and Safety Code Sections 7050.5 to 7055 and PRC Section 5097.98. If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes the human remains to be those of a Native American, or has reason to believe that they are those of a Native American, the Native American Heritage Commission shall be contacted within 24 hours.
 All resources and data collected within the project site shall be permanently curated at an appropriate repository within the County. (General Plan EIR MM-CUL-1, updated)
B. Would the Project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? (Draft EIR, Impact 5.4-2, page 5.4- 14 to 5.4-15)
Finding: Less Than Significant Impact with Mitigation Incorporated Facts in Support of Finding: Redevelopment and development of previously undeveloped areas have the potential to impact known and unknown archaeological resources. Surface-level and subsurface archaeological sites and deposits can be affected by ground-disturbing activities associated with construction activities.

Prehistoric sensitivity in Fontana is mostly concentrated in the southern and northern portions of the City, outside of the Project Area. The lack of prehistoric sites within the City of Fontana urban center is likely due to obliteration by development. However, remnants of prehistoric sites may still be present below the surface, having been displaced underground during development.

Effects on archaeological resources deemed to be significant could be considered adverse if they involve physical demolition, destruction, or alteration of the resource or its immediate 891
67 surroundings such that the significance of a resource would be materially impaired. While the Downtown Core Project does not directly propose site-specific development with the potential to directly impact archaeological resources, future development associated with implementation of the Downtown Core Project could cause a substantial adverse change in the significance of known or unknown archaeological resources. This is considered a potentially significant impact.

The Fontana General Plan contains goals, policies, and actions to identify and protect cultural resources within the City, including archeological resources. In addition, future development associated with implementation of the proposed Project would be required to implement General Plan EIR mitigation measure MM-CUL-2 (incorporated as Mitigation Measure CUL-2), which would ensure that if any prehistoric archaeological resources are encountered before or during grading, the developer shall retain a qualified archaeologist to monitor construction activities and to take appropriate measures to protect or preserve them for study.

Archaeological resources are protected under federal, State, and local regulations as described above and compliance with Fontana General Plan policies, actions, and mitigation measures would reduce potential adverse impacts to archaeological resources associated with future development. Subsequent development and infrastructure projects would be required to comply with existing federal, State, and local regulations, including the General Plan and implement Mitigation Measure CUL-2, which would reduce potential impacts to archaeological resources to less than significant.

Mitigation Measures:

CUL-2: If any prehistoric archaeological resources are encountered before or during grading, the developer shall retain a qualified archaeologist to monitor construction activities and to take appropriate measures to protect or preserve them for study. In the event Native American cultural resources are discovered, the archaeologist, in consultation with the applicant and City of Fontana Planning Department, shall implement Mitigation Measure TCR-1. With the assistance of the archaeologist, the City of Fontana shall:
 Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value.  Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities at a theme or focal point.  Pursue educating the public about the area's archaeological heritage.  Propose mitigation measures and recommend conditions of approval (if a local government action) to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines.  Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report, with original illustrations, to the San Bernardino 892
68 County Archaeological Information Center for permanent archiving. (General Plan EIR MM-CUL-2)

2.3.3 Geology and Soils
A. Would the Project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? (Draft EIR, Impact 5.6-5, page 5.6-13 to 5.6-15) Finding: Less Than Significant Impact with Mitigation Incorporated Facts in Support of Finding: The City is situated on surface exposures of Quaternary younger alluvial fan deposits (Holocene to late Pleistocene period) that are scored by more recent wash deposits. The Project Area is not identified as being located within an area underlain by Pleistocene older deposits, which are considered to have high potential for paleontological resources. However, it is possible that undiscovered paleontological resources could be encountered during future ground-disturbing activities within the Project Area. This is considered a potentially significant impact.

Significant paleontological resources are determined to be fossils or assemblages of fossils that are unique, unusual, rare, uncommon, or diagnostically important. Significant fossils can include remains of large to very small aquatic and terrestrial vertebrates or remains of plants and invertebrate animals previously not represented in certain portions of the stratigraphy.

Assemblages of fossils that might aid stratigraphic correlation, particularly those offering data for the interpretation of tectonic events, geomorphologic evolution, and paleoclimatology are also critically important.

Damage to or destruction of a paleontological resource would be considered a potentially significant impact under local, State, or federal criteria. The Fontana General Plan includes goals, policies, and actions to protect paleontological resources. In addition, future development associated with implementation of the proposed Project would be required to implement General Plan EIR mitigation measure MM-CUL-4 (incorporated as Mitigation Measure GEO-1), which would require a qualified paleontologist conduct a pre-construction field survey of any project site that is underlain by older alluvium. The paleontologist shall submit a report of findings to the City that provides specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Should mitigation monitoring of paleontological resources be recommended for a specific project, the project would be required to implement General Plan mitigation measure MM-CUL-5 (incorporated as Mitigation Measure GEO-2), which would require the program to assign a paleontological monitor to the site full-time during the interval of earth-disturbing activities; cease earth-disturbing activities should fossils be found; curate for documentation and transfer recovered fossils to an appropriate depository; and submit a report to the City and San Bernardino County Museum. With implementation of Mitigation Measures GEO-1 and GEO-2, potential impacts to paleontological resources 893
69 associated with future development anticipated by the Downtown Core Project would be reduced to less than significant.

Mitigation Measures:

GEO-1: If excavation activities would occur at a depth of greater than five feet on any site mapped as middle to late Pleistocene older alluvium at the surface, a qualified paleontologist shall conduct a pre-construction field survey. The paleontologist shall submit a report of findings that provides specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate to the City of Fontana Community Development Department. (General Plan EIR MM-CUL-4, updated) GEO-2: Should mitigation monitoring of paleontological resources be recommended for a specific project within the Project Area, the program shall include, but not be limited to, the following measures:
 Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities.
 Should fossils be found within an area being cleared or graded, earth-disturbing activities shall be diverted elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor shalt immediately divert construction and notify the monitor of the find.  All recovered fossils shall be prepared, identified, and curated for documentation in the summary report and transferred to an appropriate depository (i.e., San Bernardino County Museum).
 A summary report shall be submitted to City of Fontana. Collected specimens shall be transferred with copy of report to San Bernardino County Museum. (General Plan EIR MM-CUL-5)

2.3.4 Hazards and Hazardous Materials
A. Would the Project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Draft EIR, Impact 5.8-1, page 5.8-11 to 5.8-12)
Finding: Less Than Significant Impact with Mitigation Incorporated Facts in Support of Finding: Many types of businesses utilize various chemicals and hazardous materials, and their routine business operations involve chemicals that are transported, stored and used on-site. Implementation of the proposed Project would accommodate future development of both residential and non-residential (primarily 894
70 commercial) uses. The types of uses supported within the Downtown Core could involve the use of small amounts of hazardous materials, such as cleansers, paints, fertilizers, and pesticides for cleaning and maintenance purposes and are not typically associated with uses that use, generate, store or transport large quantities of hazardous materials such as those utilized in manufacturing and industrial uses.

The use, transportation, and disposal of hazardous materials is regulated and monitored by local fire departments, Certified Unified Program Agencies (CUPAs), California Division of Occupational Safety and Health (Cal OSHA), and the Department of Toxic Substances Control (DTSC) consistent with the requirements of federal, State, and local regulations and policies. Facilities that store hazardous materials on-site are required to maintain a Hazardous Materials Business Plan in accordance with State regulations. In the event of an accidental release of hazardous materials, the local CUPA and emergency management agencies (e.g., Police and Fire) would respond. The Downtown Core Project does not include any specific development proposals and future development is not anticipated to include the storage and/or use of significant amounts of hazardous materials. All future development that would include the storage and/or use of hazardous materials within the Project Area would be required to comply with the provisions of federal, State, and local requirements related to hazardous materials, including compliance with General Plan EIR mitigation measures MM-HAZ-1 and MM-HAZ-3 (included as Mitigation Measures HAZ-1 and HAZ-2). Specifically, Mitigation Measure HAZ-1 would require that new proposed facilities involved in the production, use, storage, transport or disposal of hazardous materials be located a safe distance from land uses that may be adversely impacted by such activities, and that new sensitive facilities would not be located near existing sites that use, store, or generate hazardous materials. Mitigation Measure HAZ-2 would require all businesses that handle hazardous materials above the reportable quantity to submit an inventory of the hazardous materials that they manage to the San Bernardino County Fire Department Hazardous Materials Division in coordination with the Fontana Fire Protection District (FFPD).

The Fontana General Plan and LHMP identify Hazardous Material Transportation Routes within the City. Within the Project Area, the Metrolink rail line is identified as a Hazardous Material Transportation Route. Additionally, transportation of hazardous materials could occur on designated truck routes or railways within the City. Within the Project Area, Foothill Boulevard and Arrow Boulevard are designated truck routes. Vehicles and/or trains transporting hazardous materials would be required to comply with the provisions of federal, State, and local requirements related to the transportation of hazardous materials.

As described previously, hazardous materials regulations related to the use, handling, and transport of hazardous materials are codified in Titles 8, 22, and 26 of the CCR, and their enabling legislation set forth in the California Health and Safety Code. These laws were established at the State level to ensure compliance with federal regulations to reduce the risk to human health and 895
71 the environment from the routine use of hazardous substances. These regulations must be implemented by employers/businesses, as appropriate, and are monitored by the State (e.g., Cal OSHA in the workplace or DTSC for hazardous waste) and/or the County. The haulers and users of hazardous materials are listed with and regulated and monitored by the County CUPA.

Compliance with the requirements of federal, State, and local laws and regulations, including Mitigation Measures HAZ-1 and HAZ-2, regarding the use and storage of hazardous materials would ensure that risks resulting from the routine transportation, use, storage, or disposal of hazardous materials or hazardous wastes associated with implementation of the proposed Project would be less than significant.

Mitigation Measures:

HAZ-1: The City shall require that new proposed facilities involved in the production, use, storage, transport or disposal of hazardous materials be located a safe distance from land uses that may be adversely impacted by such activities. Conversely, new sensitive facilities, such as child-care centers and senior centers, shall not to be located near existing sites that use, store, or generate hazardous materials. (General Plan EIR MM-HAZ-1, updated) HAZ-2: The City shall require all businesses that handle hazardous materials above the reportable quantity to submit an inventory of the hazardous materials that they manage to the San Bernardino County Fire Department - Hazardous Materials Division in coordination with the Fontana Fire Protection District. (General Plan EIR MM-HAZ-3) B. Would the Project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Draft EIR, Impact 5.8-2, page 5.8-12 to 5.8-14) Finding: Less Than Significant Impact with Mitigation Incorporated Facts in Support of Finding:

Short-Term Construction-Related Accidental Release of Hazardous Materials: The proposed Project would enable development of new residential and non-residential uses. Construction activities associated with new development could result in upset and/or accident conditions involving the release of hazardous materials into the environment.

Specific development projects have not been identified as part of the proposed Project. However, future development accommodated through Project implementation could involve the demolition of existing structures and buildings as areas within the Project Area are redeveloped.

The Project Area includes existing development from and prior to the 1960s; therefore, the presence of lead-based paint, ACM, and/or other contaminants, which are typically present in buildings and structures constructed prior to 1978, are likely present in some structures. All 896
72 demolition that could result in the release of ACMs or lead-based paint would be conducted according to federal and State regulations which govern the renovation and demolition of structures where ACMs and lead-based paint are present. The National Emission Standards for Hazardous Air Pollutants mandates that building owners conduct an asbestos survey to determine the presence of ACMs prior to the commencement of any remedial work, including demolition. In accordance with SCAQMD Rule 1403, if ACM material is found, abatement of asbestos would be required prior to any demolition activities. If paint is separated from building materials (chemically or physically) during demolition of the structures, the paint waste would be required to be evaluated independently from the building material by a qualified Environmental Professional in accordance with California Code of Regulations Title 8, Section 1532.1. If lead-based paint is found, abatement would be required to be completed by a qualified Lead Specialist prior to any demolition activities. Compliance with existing regulations related to ACM and lead-based paint would reduce potential impacts to a less than significant level.

In addition to potential demolition, future development would involve grading and construction of new buildings. Potentially hazardous materials used during construction include substances such as paints, sealants, lubricants, solvents, adhesives, cleaners, and diesel fuel. There is potential for these materials to spill or to create hazardous conditions. The materials used, however, would not be in such quantities or stored in such a manner as to pose a significant safety hazard. These activities would also be short-term and would cease upon completion of construction.

To prevent hazardous conditions, existing local, State, and federal laws are to be enforced at the construction sites. For example, compliance with existing regulations would ensure construction workers and the general public are not exposed to any risks related to hazardous materials during demolition and construction activities. Cal/OSHA has regulations concerning the use of hazardous materials, including requirements for safety training, exposure warnings, availability of safety equipment, and preparation of emergency action/prevention plans. For example, all spills or leakage of petroleum products during construction activities are required to be immediately contained, the hazardous material identified, and the material remediated in compliance with applicable State and local regulations for the cleanup and disposal of that contaminant. All contaminated waste encountered would be required to be collected and disposed of at an appropriately licensed disposal or treatment facility.

Future development accommodated through implementation of the proposed Project could involve grading and excavation activities which could expose construction workers and the public to previously unknown hazardous substances present in the soil or groundwater. Grading and excavation activities could also reveal previously unidentified underground storage tanks.

Although underground storage tank removal activities could pose risks to workers and the public, potential risks would be minimized by managing the tank according to existing the San 897
73 Bernardino County Fire Protection District Hazardous Materials Division standards. Potential impacts to groundwater would be dependent upon the type of contaminant, the amount released, and depth to groundwater at the time of the release.

The public could also be exposed to hazardous materials if new development or redevelopment were to be located on a current or historical hazardous material site. There are no active cleanup sites within the Project Area listed in the EnviroStor database. Further, there are no open LUST sites in the Project Area. Future development associated with implementation of the Project would be reviewed at the project-level to determine whether any development sites are listed on a hazardous materials site. Any development activities that may occur on documented hazardous materials sites would be required to undergo remediation and cleanup under the supervision of the regulatory agencies, such as DTSC and the Santa Ana Regional Water Quality Control Board (RWQCB). The Fontana General Plan includes goals, policies, and actions to reduce threats to public health and safety involving the release of hazardous materials into the environment. Compliance with existing federal, State, and local regulations would reduce potential impacts involving the release of hazardous materials into the environment as a result of on-site contamination to a less than significant level.

Long-Term Operations-Related Accidental Release of Hazardous Materials: Long-term operation activities associated with new development could result in upset and/or accident conditions involving the release of hazardous materials into the environment. The Project does not propose site-specific development; thus, specific hazardous materials that could be accidentally released cannot be predicted at this time. However, as stated, the types of uses supported within the Downtown Core would typically involve the use of small amounts of hazardous materials, such as cleansers, paints, fertilizers, and pesticides for cleaning and maintenance purposes and are not typically associated with uses that use, generate, store or transport large quantities of hazardous materials such as those utilized in manufacturing and industrial uses.

The transport, storage, and handling of hazardous materials by developers, contractors, business owners, and others are required to comply with federal, State, and local regulations during project construction and operation. Facilities that use hazardous materials are required to obtain permits from the Environmental Protection Agency (EPA) under the Resource Conservation and Recovery Act (RCRA), which gives the EPA the authority to control the generation, transportation, treatment, storage, and disposal of hazardous waste. Additionally, the hazardous materials regulations included in federal law govern the transportation of hazardous materials. Locally, the San Bernardino County Fire Protection District Hazardous Materials Division is the CUPA for San Bernardino County and is responsible for consolidating, coordinating, and making consistent the administrative requirements, permits, inspections, and enforcement activities of state standards regarding the transportation, use, and disposal of hazardous materials in the County, including the Project Area. As stated, all future development that would include the storage and/or use of 898
74 hazardous materials within the Project Area would be required to comply with the provisions of federal, State, and local requirements related to hazardous materials, including compliance with Mitigation Measures HAZ-1 and HAZ-2. Mitigation Measure HAZ-1 would require that new proposed facilities involved in the production, use, storage, transport or disposal of hazardous materials be located a safe distance from land uses that may be adversely impacted by such activities, and that new sensitive facilities would not be located near existing sites that use, store, or generate hazardous materials. Mitigation Measure HAZ-2 would require all businesses that handle hazardous materials above the reportable quantity to submit an inventory of the hazardous materials that they manage to the San Bernardino County Fire Department Hazardous Materials Division in coordination with the FFPD.

Compliance with all applicable federal, State, and local regulations related to the transport, storage, and handling of hazardous materials, and compliance Mitigation Measures HAZ-1 and HAZ-2 would reduce the likelihood and severity of accidents, and impacts involving the release of hazardous materials into the environment would be less than significant.

Mitigation Measures: refer to Mitigation Measures HAZ-1 and HAZ-2.

C. Would the Project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (Draft EIR, Impact 5.8-3, page 5.8-15)
Finding: Less Than Significant Impact with Mitigation Incorporated Facts in Support of Finding: The nearest schools to the Project Area are Fontana Middle School, located approximately 100 feet to the east of the Project Area (on the eastern side of Mango Avenue); Randall Pepper Elementary School, located approximately 0.08 miles from the southwestern corner of the Project Area (intersection of Juniper Avenue and Randall Avenue); and Palmetto Elementary School, located approximately 0.28 miles from the southeastern corner of the Project Area (intersection of Mango Avenue and Randall Avenue). Future development under the Project could utilize, transport, store, or dispose of hazardous materials during construction or operation. Excavation and grading activities associated with future development could expose the public to unknown hazardous materials present in soil or groundwater, which would require remediation activities. Remediation, if any, would include potential transport of hazardous materials to an approved landfill facility. As a result, future development within the Project Area could potentially emit or handle hazardous materials within one-quarter mile of an existing or proposed school.

CEQA Guidelines Section 15186, School Facilities, requires that school projects, as well as projects proposed to be located near schools, examine potential health impacts resulting from exposure 899
75 to hazardous materials, wastes, and substances. Furthermore, permitting requirements for individual hazardous material handlers or emitters would require evaluation and notification where potential hazardous materials handling and emissions could occur in proximity to existing schools.

The Fontana General Plan includes goals, policies, and actions to reduce threats to public health and safety due to hazards and hazardous materials. As discussed above, the types of uses supported within the Downtown Core would typically involve the use of small amounts of hazardous materials, such as cleansers, paints, fertilizers, and pesticides for cleaning and maintenance purposes and are not typically associated with uses that use, generate, store or transport large quantities of hazardous materials such as those utilized in manufacturing and industrial uses. Future development associated with implementation of the proposed Project would be required to implement Mitigation Measure HAZ-1, which would require that new proposed facilities involved in the production, use, storage, transport or disposal of hazardous materials be located a safe distance from land uses that may be adversely impacted by such activities, and that new sensitive facilities not to be located near existing sites that use, store, or generate hazardous materials. Mitigation Measure HAZ-2 would require all businesses that handle hazardous materials above the reportable quantity to submit an inventory of the hazardous materials that they manage to the San Bernardino County Fire Department Hazardous Materials Division in coordination with the FFPD. Implementation of the safety procedures and regulations mandated by applicable federal, State, and local laws and Mitigation Measures HAZ1 and HAZ-2 would ensure that potential risks resulting from the routine transportation, use, storage, or disposal of hazardous materials or hazardous wastes in proximity to a school associated with implementation of the Project would be less than significant.

Mitigation Measures: refer to Mitigation Measures HAZ-1 and HAZ-2.

2.3.5 Noise
A. Would the Project result in generation of excessive groundborne vibration or groundborne noise levels? (Draft EIR, Impact 5.11-2, page 5.11-27)
Finding: Less Than Significant Impact with Mitigation Incorporated Facts in Support of Finding: The main sources of vibration in the Project Area are related to vehicles and construction and railway vibration. Typical roadway traffic, including heavy trucks, rarely generates vibration amplitudes high enough to cause structural or cosmetic damage.

However, there have been cases in which heavy trucks traveling over potholes or other discontinuities in the pavement have caused vibration high enough to result in complaints from nearby residents. These types of issues typically can be resolved by smoothing the roadway surface
900
76 Construction activities that produce vibration that can be felt by adjacent land uses include the use of vibratory equipment, large bulldozers, and pile drivers. The primary sources of vibration during construction are usually vibratory rollers and large bulldozers. A vibratory roller has a peak particle velocity (inches/second) of 0.21 and a large bulldozer has a peak particle velocity of 0.089 (inches per second) at 25 feet. The use of pile driving equipment can generate a peak particle velocity of 1.5 (inches per second) depending on the size and model.

The California Department of Transportation has published one of the seminal works for the analysis of ground-borne noise and vibration relating to transportation- and constructioninduced vibrations and, although the Project is not subject to these regulations, it serves as a useful tool to evaluate vibration impacts. When evaluated in light of the estimated groundborne vibration levels, it can be determined that construction activities in the Project Area have the potential to result in significant impacts related to groundborne vibration associated with construction activities. However, projects must ensure that vibration levels comply with Section 30-470 and 30-543 of the Fontana Municipal Code, which require vibration levels to be imperceptible beyond adjacent residential property lines. Additionally, implementation of Mitigation Measure NOI-2 would help to achieve this requirement by providing procedures for construction activities to reduce impacts related to equipment moving and operation.

Construction vibration would be significant if vibration can be felt beyond the property line per Section 30-470 and 30-543 of the Fontana Municipal Code. Mitigation Measure NOI-1 requires noise studies be performed in the Project Area, and these studies would ensure that construction vibration levels are below perceptible levels. Mitigation Measure NOI-2 provides additional procedures for construction activities that would reduce impacts related to equipment moving and operation. Compliance with Mitigation Measures NOI-1 and NOI-2, and federal, State, and local regulations would reduce the generation of groundborne vibration or groundborne noise levels to a less than significant level.

Mitigation Measures:

NOI-1: Prior to issuance of a grading permit, a developer shall contract for a site-specific noise study for a parcel within 200 feet of a sensitive use as identified within Goal 8 of the 2015- 2035 General Plan. The noise study shall be performed by an acoustic consultant experienced in such studies, and the consultant's qualifications and methodology to be used in the study must be presented to City staff for consideration. The site-specific acoustic study shall specifically identify potential noise impacts upon any proposed sensitive uses, as well as potential project impacts upon off-site sensitive uses due to construction, stationary and mobile noise sources. Mitigation shall be required if noise levels exceed 65 dBA, as identified in Goal 8 of the 2015-2035 General Plan (General Plan EIR MM-NOI-1, updated).
901
77 NOI-2: To reduce impacts related to heavy construction equipment moving and operating on site during project construction, grading, demolition, and paving prior to issuance of grading permits, the applicant shall ensure that the following procedures are followed:
 Construction equipment, fixed or mobile, shall be properly outfitted and maintained with feasible noise-reduction devices to minimize construction generated noise.  Laydown and construction vehicle staging areas shall be located away from noise sensitive land uses if feasible.
 Stationary noise sources such as generators shall be located away from noise sensitive land uses, if feasible.
 Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow surrounding property owners to contact the job superintendent 24 hours a day to report noise and other nuisance-related issues, if necessary. The point of contact shall be available 24 hours a day, 7 days a week and have authority to commit additional assets to control dust after hours, on weekends, and on holidays. In the event that the City of Fontana receives a pattern of noise complaints, appropriate corrective actions shall be implemented, such as on- site noise monitoring during construction activities, and a report of the action shall be provided to the reporting party (General Plan EIR MM-NOI-2).

2.3.6 Tribal Cultural Resources
A. Would the Project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is (Threshold “a”):
i. 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), or
ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1?
Finding: Less Than Significant Impact with Mitigation Incorporated Facts in Support of Finding: Over 80 previously recorded prehistoric and historic-era archaeological sites have been identified in the City. Prehistoric sensitivity in Fontana is mostly concentrated in the southern and northern portions of the City. All of the prehistoric sites 902
78 previously identified are clustered along the foothills of the San Gabriel Mountains and the Jurupa Hills, outside of the Project Area.

Prehistoric archaeological sites and isolates are tribal cultural resources; additionally, plants and other natural resources, as well as geographic locations can also be a tribal cultural resource.

Grading of original in situ soils could expose buried tribal cultural resources and features including sacred sites. Prehistoric sensitivity in Fontana is mostly concentrated in the southern and northern portions of the City, outside of the Project Area. Although the Downtown Core area is primarily urbanized and has experienced extensive ground-disturbance, there is the potential that tribal cultural resources could occur below the surface. While the Downtown Core Project does not directly propose site-specific development with the potential to directly impact a tribal cultural resource, future development within the Project Area could cause a substantial adverse change in the significance of a tribal cultural resource. This is considered a potentially significant impact.

According to the General Plan EIR, the City of Fontana is located within the Tongva and Serrano traditional use area. At the time of publication of the Draft EIR, one tribe, the Yuhaaviatam of San Manuel Nation (YSMN) contacted the City in response to the City’s correspondence notifying Native American individuals and/or Tribal Organizations of the proposed Project in compliance with AB 52 and SB 18. The YSMN noted that the Project Area exists within Serrano ancestral territory and is therefore of interest to the Tribe. The YSMN further stated that due to the nature and location of the proposed Project, and given their Cultural Resources Management Department’s present state of knowledge, YSMN does not have any concerns with the Project’s implementation, as planned at this time. YSMN requests mitigation measures be made part of the Project regarding the potential discovery of cultural resources during Project activities.

The Fontana General Plan contains goals, policies, and actions to identify and protect cultural resources within the City, including tribal cultural resources. In addition, future development associated with implementation of the proposed Project would be required to implement General Plan EIR mitigation measure MM-CUL-1 (incorporated as Mitigation Measure CUL-1), which requires a qualified archaeologist to perform a number of tasks prior to construction activities, including conducting a field survey for historical resources within portions of the project site not previously surveyed if evidence suggests the potential for resources to exist. In addition, future development associated with implementation of the proposed Project would be required to implement General Plan EIR mitigation measures MM-CUL-2 and MM-CUL-3 (incorporated as Mitigation Measures CUL-2 and Mitigation Measure TCR-1). Mitigation Measure CUL-2 would ensure that if any prehistoric archaeological resources are encountered before or during grading, the developer shall retain a qualified archaeologist to monitor construction activities and to take appropriate measures to protect or preserve them for study. Additionally, Mitigation Measure CUL-2 has been updated to include implementation of TCR-1 in the event 903
79 Native American cultural resources are discovered. Mitigation Measure TCR-1 would require that in the event Native American cultural resources are discovered during construction for future development, all work in the immediate vicinity of the find shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find; that the archaeologist, in coordination with the City/project applicant, contact YSMN, as well as other Native American tribal entities, of any pre-contact and/or historic-era cultural resources discovered during project implementation, and prepare a cultural resources Monitoring and Treatment Plan if the find is determined to be significant. The Monitoring and Treatment Plan would provide for a Native American monitor for the remainder of project activities associated with ground disturbance and for archaeological/cultural documents be supplied to the applicant and City of Fontana Planning Department for dissemination to YSMN and other Tribe(s) determined to have cultural affiliation.

Subsequent development within the Project Area would be required to comply with existing federal, State, and local regulations, including the Fontana General Plan and Mitigation Measures CUL-1, CUL-2, and TCR-1, which would reduce potential impacts to tribal cultural resources to less than significant.

Mitigation Measures: In addition to Mitigation Measure TCR-1, refer to Mitigation Measures CUL1 and CUL-2.

TCR-1: Site-specific development projects shall implement the following:
 In the event Native American cultural resources are discovered during construction for future development, all work in the immediate vicinity of the find (within a 60- foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project site outside of the buffered area may continue during this assessment period;  The archaeologist, in coordination with the applicant and City of Fontana Planning Department, shall contact the Yuhaaviatam of San Manuel National Cultural Resources Department (YSMN), as well as any other Native American tribal entity (as determined by a qualified archaeologist meeting Secretary of Interior standards) of any pre-contact and/or historic-era cultural resources discovered during project implementation. The Tribe(s) shall be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment.

Should the find be deemed significant, as defined by CEQA, a cultural resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with YSMN and any other Tribe determined to have cultural affiliation to the area, and all subsequent finds shall be subject to this Plan. A copy of the Plan shall be provided to the City of Fontana Planning Department. The Plan shall identify how Tribal Cultural Resources will be recovered and retained. This Plan shall allow for a monitor to be present that represents YSMN and/or other Tribe(s) determined 904
80 to have cultural affiliation for the remainder of project activities associated with ground disturbance, should YSMN or another Tribe(s) elect to place a monitor onsite; determined to have cultural affiliation to be present for the remainder of project activities associated with ground disturbance;
 Any and all archaeological/cultural documents created as part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and City of Fontana Planning Department for dissemination to YSMN and other Tribe(s) determined to have cultural affiliation. (General Plan EIR MM-CUL-3, updated)

2.4 Impacts Identified in the EIR as being Significant and Unavoidable The City Council hereby finds that, despite the incorporation of mitigation measures outlined herein and in the EIR, the following impacts from the proposed Downtown Core Project cannot be fully mitigated to a less than significant level by any feasible mitigation measures pursuant to CEQA Guidelines 15091(a)(2) and (a)(3), which are infeasible as a result of specific economic, legal, social, technological, and other considerations, or are within the responsibility and jurisdiction of another public agency. A Statement of Overriding Considerations is therefore included herein. For the reasons set forth in the Statement of Overriding Considerations, the City Council finds and declares, in its independent judgment, that the benefits of the Downtown Core Project substantially outweigh and justify the following significant and unavoidable impacts:

2.4.1 Air Quality
A. Would the Project conflict with or obstruct implementation of the applicable air quality plan? (Draft EIR, Impact 5.2-1, page 5.2-24 to 5.2-27)
Finding: Significant Unavoidable Impact
Facts in Support of Finding: The South Coast Air Quality Management District (SCAQMD) has adopted a series of air quality management plans (AQMPs) to lead the Air Basin into compliance with several criteria air pollutant standards and other federal requirements, while taking into account construction and operational emissions associated with population and economic growth projections provided by SCAG’s 2020 RTP/SCS. The SCAQMD recommends that, when determining whether a project is consistent with the relevant AQMPs, the lead agency should assess whether the project would directly obstruct implementation of the plans by impeding SCAQMD’s efforts to achieve attainment with respect to any criteria air pollutant for which it is currently not in attainment of the National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS) (e.g., ozone, PM10, and PM2.5) and whether it is consistent with the demographic and economic assumptions (typically land use related, such as employment and population/residential units) upon which the plan is based. The SCAQMD guidance indicates that projects whose growth is included in the projections used in the 905
81 formulation of the AQMP are considered to be consistent with the plan and would not interfere with its attainment.

The SCAQMD thresholds for construction and operational emissions are designed for the analysis of individual projects and not for long-term planning documents, such as the Downtown Core Project, which would be implemented over time. Emissions are dependent on the exact size, nature, and location of an individual land use type, combined with reductions in localized impacts from the removal of existing land use types, as applicable (i.e., conversion of light industrial uses).

Emissions associated with the operation of individual projects, could exceed project-specific thresholds established by SCAQMD.

CEQA requires that general plans be evaluated for consistency with the AQMP. Because the AQMP strategy is based on projections from local general plans, only new or amended general plan elements, specific plans, or individual projects under the general plan need to undergo a consistency review. Projects considered consistent with the local general plan are consistent with the air quality-related regional plan. Indicators of consistency include:
 Control Strategies: Whether implementation of a project would increase the frequency or severity of existing air quality violations; would cause or contribute to new violations; or would delay the timely attainment of AAQS or interim emissions reductions within the AQMP.
 Growth Projections: Whether implementation of the project would exceed growth assumptions within the AQMP, which in part, bases its strategy on growth forecasts from local general plans.

Construction – Control Strategies: The Air Basin is designated nonattainment for ozone and PM2.5 under the CAAQS and NAAQS, and nonattainment for PM10 under the CAAQS. The proposed Project would support higher-density residential and mixed-use development within the Project Area. The emissions of criteria pollutants associated with future development accommodated through implementation of the proposed Project could exceed the SCAQMD thresholds for criteria pollutants. Future development of individual projects under the Downtown Core Project would be required to comply with CARB’s requirements to minimize short-term emissions from on-road and off-road diesel equipment, including the ATCM to limit heavy-duty diesel motor vehicle idling to no more than five minutes at any given time, and with SCAQMD’s regulations such as Rule 403 for controlling fugitive dust and Rule 1113 for controlling VOC emissions from architectural coatings. Furthermore, as applicable to the type of growth, individual projects under the proposed Downtown Core Project would comply with fleet rules to reduce on-road truck emissions (i.e., 13 CCR, Section 2025 [CARB Truck and Bus regulation]). Compliance with these measures and requirements would be consistent with and meet or exceed the AQMP requirements for control strategies intended to reduce emissions from construction equipment 906
82 and activities. Therefore, the construction anticipated by the Project would be consistent with the AQMP under the first indicator.

Construction – Growth Projections: Future development associated with implementation of the Downtown Core Project would result in an increase in short-term employment compared to existing conditions. Future development accommodated by the Downtown Core Project would involve construction, but Project implementation would not necessarily create new construction jobs, since construction-related jobs generated by future development would likely be filled by employees within the construction industry within the City and greater San Bernardino County region. Construction industry jobs generally have no regular place of business, as construction workers commute to job sites throughout a given region, which may change several times a year.

Moreover, these jobs would be temporary in nature. Therefore, the construction jobs generated by future development accommodated by the Downtown Core Project would not conflict with the long-term employment or population projections upon which the AQMPs are based.

Operation – Control Strategies: Future development associated with implementation of the Downtown Core Project would be required to comply with CARB motor vehicle standards, SCAQMD regulations for stationary sources and architectural coatings, Title 24 energy efficiency standards, and, to the extent applicable, the 2020 RTP/SCS. The 2022 AQMP includes land use and transportation strategies from the 2020 RTP/SCS that are intended to reduce VMT and resulting regional mobile source emissions. The applicable land use strategies include: planning for growth around livable corridors; providing more options for short trips/neighborhood mobility areas; supporting zero emission vehicles and expanding vehicle charging stations; and supporting local sustainability planning. The applicable transportation strategies include:
managing through the Transportation Demand Management (TDM) Program and the Transportation System Management (TSM) Plan including advanced ramp metering, and expansion and integration of the traffic synchronization network; promoting active transportation. The majority of the transportation strategies are to be implemented by cities, counties, and other regional agencies such as SCAG and SCAQMD, although some can be furthered by individual development projects.

The Downtown Core Project would implement land use and transportation strategies related to reducing vehicle trips for Fontana residents and employees by creating and implementing the new WMXU-3: Walkable Mixed-Use Downtown Core land use category and six new FBC districts within the Project Area, which would support higher-density residential and mixed-use development within the Project Area. The City of Fontana is served primarily by Omnitrans and Metrolink. Omnitrans provides bus service in the San Bernardino Valley. It connects Fontana with several nearby cities (including Rancho Cucamonga, Upland, Chino, Redlands, and San Bernardino). Omnitrans also provides paratransit service. Metrolink provides rail passenger service between San Bernardino and the Los Angeles metropolitan region. The Fontana Metrolink 907
83 station is located within the Project Area and accessible through Sierra Avenue and Orange Way.

The availability of public transportation and the focus on increasing density relative to the existing public transportation, enables Project implementation to potentially reduce vehicle trips, VMT, and associated transportation-related emissions per capita, compared to existing conditions. Therefore, the Downtown Core Project would result in a less than significant impact associated with air quality. The proposed Project would be consistent with the AQMP under the first indicator.

Operations – Growth Projections: The emissions inventory for the South Coast Air Basin (SCAB) is formed, in part, by existing city and county general plans. The AQMP is based on population, employment and VMT forecasts by SCAG. A project might be in conflict with the AQMP if the development is greater than that anticipated in the local general plan and SCAG’s growth projections. Project implementation could yield a net change over existing conditions of an additional 8,900 dwelling units and 2,685,404 square feet of non-residential uses. This new growth may increase the City’s population by approximately 33,731 residents (based on the 2022 California Department of Finance estimated household size of 3.79 persons per household).

Implementation of the proposed Project would also provide additional employment opportunities for approximately 6,852 employees. The General Plan EIR anticipates the General Plan to accommodate 70,560 households, a population of 315,852, and total employment of 99,129 throughout the planning horizon. More specifically, the focus for growth in the General Plan is in the Downtown Core and “Livable Corridors” as described in General Plan Chapter 14 - Downtown Area Plan. Thus, growth within the Downtown Core Project has been anticipated by the General Plan. The City currently has 57,483 dwelling units, 212,809 residents, and 55,448 jobs. Therefore, the forecasted 8,900 new dwelling units, 33,731 new residents, and 6,852 new employees associated with Project implementation is within the buildout projections anticipated by the General Plan. The proposed Project is intended to implement the goals and policies of the General Plan and accommodate the City’s fair share of statewide housing needs, which are allocated by SCAG, based on regional numbers provided by the HCD on a regular basis (every five to eight years). The City of Fontana 2021-2029 Housing Element was adopted February 8, 2022 and accommodates the City’s share of the regional housing need for the 2021-2029 RHNA period of 17,519 units. The City’s 2021-2029 Housing Element identifies the existing Project Area, as accommodating a portion of City’s Low-, Very-Low-, and Above-Moderate-income RHNA allocation. The population and employment growth anticipated as a result of Project implementation is within the City’s growth projections of the Fontana Forward General Plan and SCAG’s RHNA allocation.

Although future development in the Project Area that is consistent with the Downtown Core Project would increase total vehicle trips and VMT, which would result in emissions of ozone precursors and particulate matter, overall, the VMT per service population with the proposed Project would be four percent lower than 2040 Without Project Conditions. Further, individual 908
84 projects within the Project Area would be reviewed pursuant to CEQA, and would be required to demonstrate compliance with the AQMP. Individual projects would also be required to demonstrate compliance with SCAQMD rules and regulations governing air quality.

The City of Fontana continues to coordinate with SCAQMD and SCAG to ensure Citywide growth projections, land use planning efforts, and local development patterns are accounted for in the regional planning and air quality planning processes. Additionally, the Downtown Core Project would implement land use and transportation strategies related to reducing vehicle trips for Fontana residents and employees, including creating six new FBC districts within the Project Area to support higher-density residential and mixed-use development within the Project Area, which would minimize potential impacts to air quality in support of the AQMP and 2020 Connect SoCal.

Therefore, the Downtown Core Project would not conflict with or obstruct the implementation of the applicable air quality plan and impacts would be less than significant.

Conclusion: While the proposed Project is anticipated to comply with the control strategies and be consistent with the growth projections contained within the 2022 AQMP, the proposed Project would exceed SCAQMD’s regional significance thresholds for operation-phase emissions (as provided in greater detail under Impact AQ-2, below). Therefore, the proposed Project could result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations or delay the timely attainment of air quality standards or the interim emissions reductions specified in the AQMP.

Mitigation Measures: Refer to Mitigation Measures AQ-1 through AQ-23, below. No additional mitigation measures are feasible.

B. Would the Project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? (Draft EIR, Impact 5.2-1, page 5.2-27 to 5.2-35) Finding: Significant Unavoidable Impact
Facts in Support of Finding:

Construction Emissions: Construction activities associated with the proposed Project would result in emissions of CO, VOCs, NOx, SOx, PM10, and PM2.5. Pollutant emissions associated with construction would be generated from the following construction activities: (1) demolition, grading, and excavation; (2) construction workers traveling to and from the Project Area; (3) delivery and hauling of construction supplies to, and debris from, the Project Area; (4) fuel combustion by onsite construction equipment; (5) building construction; application of 909
85 architectural coatings; and paving. These construction activities would temporarily create emissions of dust, fumes, equipment exhaust, and other air contaminants.

Construction emissions are short-term and temporary. The maximum daily construction emissions for the proposed Project were estimated using CalEEMod; and the modeling includes compliance with SCAQMD Rule 403 (Fugitive Dust Rule), which would reduce air contaminants during construction. Construction was assumed to occur starting in year 2023 and ending in year 2040. Since specific development projects are not currently proposed, default parameters were used for construction activities except for the building and architectural phases, which were adjusted for the buildout year of 2040. CalEEMod defaults were used for the type and duration of off-road construction equipment, which are determined by the model based on the overall size and land uses associated with the Project. Refer to Appendix C of the Draft EIR, for additional information regarding the construction assumptions used in the analysis. Table 5.2-6, in the Draft EIR provides the unmitigated maximum daily emissions of each of the criteria air pollutants from construction. As shown, emissions resulting from construction would exceed criteria pollutant thresholds for NOX. The Fontana General Plan includes goals, policies, and actions to reduce air quality emissions. In addition, future development associated with implementation of the proposed Project would be required to implement General Plan EIR mitigation measures MMAQ-8 and MM-AQ-9, which have been updated to meet current SCAQMD standards, and MMAQ-10, MM-AQ-13, and MM-AQ-14 (incorporated as Mitigation Measures AQ-1 through AQ-5), which would require best practices for reducing air quality emissions during construction. The update to Mitigation Measure MM-AQ-9 (incorporated as Mitigation Measure AQ-2) requires all construction equipment greater than 150 horsepower (>150 HP) to be CARB certified tier 4 or higher. Additionally, Mitigation Measures AQ-6 through AQ-8 require additional measures to reduce potential construction air quality emissions, including compliance with SCAQMD’s Rule 1113. With implementation of Mitigation Measures AQ-1 through AQ-8, emissions of NOX from construction activities would be reduced to below the SCAQMD significance thresholds in all three scenarios, and impacts would be less than significant.

Operational Emissions: The Project’s operational emissions would be associated with motor vehicle use and area sources. Area sources include natural gas for space and water heating, gasoline-powered landscaping and maintenance equipment, consumer products (such as household-type cleaners). Mobile sources emissions are generated from vehicle operations associated with Project operations. Typically, area sources are small sources that contribute very minor emissions individually, but when combined may generate substantial amounts of pollutants. Area specific defaults in CalEEMod were used to calculate area source emissions.

CalEEMod was also used to calculate pollutants emissions from vehicular trips generated from future development associated with implementation of the proposed Project. CalEEMod estimated emissions from Project operations are summarized in Table 5.2-8 of the Draft EIR. As 910
86 shown, emission calculations generated from CalEEMod demonstrate that Project operations would exceed the numerical thresholds of significance established by the SCAQMD for emissions of all ROG, NOx, CO, PM10, and PM2.5.

It is important to note that the majority of ROG emissions are derived from consumer products.

For analytical purposes, consumer products include cleaning supplies, aerosols, and other consumer products. As such, future project applicants cannot meaningfully control the use of consumer products by future building users via mitigation. On this basis, it is concluded that Project operational-source ROG emissions cannot be definitively reduced below applicable SCAQMD thresholds.

Additionally, it should be noted that the majority of the Project’s NOX, CO, SOX, PM10, and PM2.5 emissions are derived from vehicle usage. Since neither project applicants nor the City have regulatory authority to control tailpipe emissions, only limited, feasible mitigation measures exist that would reduce these emissions. The Fontana General Plan includes goals, policies, and actions to reduce air quality emissions. In addition, future development associated with implementation of the proposed Project would be required to implement General Plan EIR mitigation measures MM-AQ-2 through MM-AQ-7, as well as MM-AQ-20 through MM-AQ-22 (incorporated herein as Mitigation Measures AQ-9 through AQ-17) in order to reduce potential air quality emissions from operations.

Although the Project would implement the mitigation measures listed below (Mitigation Measures AQ-9 through AQ-23), it should be noted that these reductions cannot be quantified in CalEEMod. Moreover, no additional feasible mitigation measures have been identified that would further reduce these emissions to levels that are less than significant. As noted, the majority of emissions would be generated from the mobile activities by vehicles that cannot be completely mitigated at the project level. The Lead Agency cannot substantively or materially affect reductions in Project mobile-source emissions beyond the regulatory requirements and mitigation measures identified herein.

With compliance with existing rules and implementation of the mitigation measures, emissions would continue to exceed regional thresholds of significance established by the SCAQMD for emissions of ROG, NOX, CO, PM10, and PM2.5. Therefore, the proposed Project could result in ROG, NOX, CO, PM10, and PM2.5 emissions that would be significant and unavoidable.

Cumulative Short-Term Emissions: SCAB is designated nonattainment for O3, PM10, and PM2.5 for State standards and nonattainment for O3 and PM2.5 for federal standards. As discussed above, the Project’s mitigated construction-related emissions by themselves would not exceed the SCAQMD significance thresholds for criteria pollutants. 911
87 Since these thresholds indicate whether individual Project emissions have the potential to affect cumulative regional air quality, it can be expected that the Project-related construction emissions would not be cumulatively considerable. The SCAQMD has developed strategies to reduce criteria pollutant emissions outlined in the AQMP pursuant to the federal Clean Air Act mandates.

The analysis assumed fugitive dust controls would be utilized during construction, including frequent water applications. SCAQMD rules, mandates, and compliance with adopted AQMP emissions control measures would also be imposed on construction projects throughout the SCAB, which would include related cumulative projects. As concluded above, the Project’s construction-related impacts would be less than significant. Compliance with SCAQMD rules and regulations would further minimize the proposed Project’s construction-related emissions.

Therefore, Project-related construction emissions, in combination with those from other projects in the area, would not substantially deteriorate the local air quality. The Project’s constructionrelated emissions would not result in a cumulatively considerable contribution to significant cumulative air quality impacts.

Cumulative Long-Term Impacts: The SCAQMD has not established separate significance thresholds for cumulative operational emissions. The nature of air emissions is largely a cumulative impact. As a result, no single project is sufficient in size to, by itself, result in nonattainment of ambient air quality standards. Instead, individual project emissions contribute to existing cumulatively significant adverse air quality impacts. The SCAQMD developed the operational thresholds of significance based on the level above which individual project emissions would result in a cumulatively considerable contribution to SCAB’s existing air quality conditions. Therefore, a project that exceeds the SCAQMD operational thresholds would also be a cumulatively considerable contribution to a significant cumulative impact.

As shown in Table 5.2-8 of the Draft EIR, the Project’s operational emissions would exceed SCAQMD thresholds for ROG, NOX, CO, PM10, and PM2.5. As a result, the Project’s operational emissions would result in a cumulatively considerable contribution to significant cumulative air quality impacts. While adherence to SCAQMD rules and regulations and compliance with identified Mitigation Measures would alleviate potential impacts related to cumulative conditions on a project-by-project basis, since the Project would exceed SCAQMD thresholds, this is considered a significant and unavoidable impact. Project operations could contribute a cumulatively considerable net increase of any nonattainment criteria pollutant.

Mitigation Measures:

AQ 1: In the event that any off-site utility and/or infrastructure improvements are required as a direct result of future projects, construction of such off-site utility and infrastructure improvements shall not occur concurrently with the demolition, site preparation, and grading phases of project construction. This requirement shall be clearly noted on all applicable grading and/or building plans. (General Plan EIR MM-AQ-8) 912
88 AQ-2: All construction equipment shall be maintained in good operation condition so as to reduce emissions. The construction contractor shall ensure that all construction equipment is being properly serviced and maintained as per the manufacturer’s specification. Maintenance records shall be available at the construction site for City of Fontana verification. The following additional measures, as determined applicable by the City Engineer, shall be included as conditions of the Grading Permit issuance:
 Provide temporary traffic controls such as a flag person, during all phases of construction to maintain smooth traffic flow.
 Provide dedicated turn lanes for movement of construction trucks and equipment on- and off-site.
 Reroute construction trucks away from congested streets or sensitive receptor areas.
 Appoint a construction relations officer to act as a community liaison concerning on-site construction activity including resolution of issues related to PM10 generation.
 Improve traffic flow by signal synchronization and ensure that all vehicles and equipment will be properly tuned and maintained according to manufacturers’ specifications.
 Require the use of 2014 and newer diesel haul trucks (e.g., material delivery trucks and soil import/export). If the lead agency determines that 2014 model year or newer diesel trucks cannot be obtained the lead agency shall use trucks that meet EPA 2007 model year NOX and PM emissions requirements.
 During project construction, the construction plans and specifications shall state that off-road diesel construction equipment rated at 150 horsepower (hp) or greater, complies with Environmental Protection Agency (EPA)/California Air Resources Board (CARB) Tier 4 off-road emissions standards or equivalent, or the most recent standards released by CARB as part of the rulemaking process, and shall ensure that all construction equipment is tuned and maintained in accordance with the manufacturer’s specifications. The Lead Agency shall conduct an on-site inspection to verify compliance with construction mitigation and to identify other opportunities to further reduce construction impacts. (General Plan EIR MM-AQ-9, updated)
AQ-3: Prior to the issuance of any grading permits, all Applicants shall submit construction plans to the City of Fontana denoting the proposed schedule and projected equipment use.

Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the projects. Contractors shall also conform to any construction measures imposed by the SCAQMD as well as City Planning Staff. (General Plan EIR MM-AQ-10) 913
89 AQ-4: All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. (General Plan EIR MM-AQ-13)
AQ-5: Prior to the issuance of grading permits or approval of grading plans for future development projects within the project area, future developments shall include a dust control plan as part of the construction contract standard specifications. The dust control plan shall include measures to meet the requirements of SCAQMD Rules 402 and 403. Such measures may include, but are not limited to:
 Phase and schedule activities to avoid high-ozone days and first-stage smog alerts.  Discontinue operation during second-stage smog alerts.  All haul trucks shall be covered prior to leaving the site to prevent dust from impacting the surrounding areas.
 Comply with AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas.
 Moisten soil each day prior to commencing grading to depth of soil cut.  Water exposed surfaces at least twice a day under calm conditions, and as often as needed on windy days or during very dry weather in order to maintain a surface crust and minimize the release of visible emissions from the construction site.  Treat any area that will be exposed for extended periods with a soil conditioner to stabilize soil or temporarily plant with vegetation.
 Wash mud-covered tired and under carriages of trucks leaving construction sites.  Provide for street sweeping, as needed, on adjacent roadways to remove dirt dropped by construction vehicles or mud, which would otherwise be carried off by trucks departing project sites.
 Securely cover all loads of fill coming to the site with a tight-fitting tarp.  Cease grading during periods when winds exceed 25 miles per hour.  Provide for permanent sealing of all graded areas, as applicable, at the earliest practicable time after soil disturbance.
 Use low-sulfur diesel fuel in all equipment.
 Use electric equipment whenever practicable.
 Shut off engines when not in use. (General Plan EIR MM-AQ-14) AQ-6: Future individual projects within the Project Area shall be required to comply with South Coast Air Quality Management District Rule 1113 – Architectural Coatings. No person shall apply or solicit the application of any architectural coating within the SCAQMD with VOC content in excess of the values specified in a table incorporated in the Rule. A list of manufacturers of low/no-VOC paints is provided at the following SCAQMD website:
http://www.aqmd.gov/docs/default-source/planning/architectural-coatings/reportingand-support-documents/rule-314-manufacturers.pdf?sfvrsn=4. All paints will be applied using either high volume low-pressure spray equipment or by hand application. 914
90 AQ-7: Plans, specifications and contract documents shall require that a sign must be posted onsite stating that construction workers shall not allow diesel engines to idle in excess of five minutes.

AQ-8: Future individual projects within the Project Area shall be required to use electric or alternative fueled construction equipment where technically feasible and/or commercially available. Technically feasible and/or commercially available means the equipment is readily available, there is no significant technical impediment to conducting construction activities with the clean construction equipment that is available at that time, and that the clean construction equipment can perform adequately when compared to gasoline or diesel fueled construction equipment.

AQ-9: To reduce energy demand associated with potable water conveyance, future projects shall implement the following, as applicable:
 Landscaping palette emphasizing drought tolerant plants.  Use of water-efficient irrigation techniques.
 U.S. Environmental Protection Agency (EPA) Certified WaterSense equivalent faucets, high-efficiency toilets, and water conserving shower heads. (General Plan EIR MM-AQ-2)
AQ-10: Future projects shall comply with applicable provisions of state law, including the California Green Standards Code (Part 11 of Title 24 of the California Code of Regulations. (General Plan EIR MM-AQ-3)
AQ-11: The applicant/developer shall encourage its tenants to use alternative-fueled vehicles such as compressed natural gas vehicles, electric vehicles, or other alternative fuels by providing publicly available information from the Southern California Air Quality Management District (SCAQMD), California Air Resources Board (CARB), and U.S.

Environmental Protection Agency (EPA) on alternative fuel technologies. (General Plan EIR MM-AQ-4)
AQ-12: To promote alternative fuels and help support “clean” truck fleets, the developer/successor-in-interest shall provide building occupants and businesses with information related to the Southern California Air Quality Management District’s (SCAQMD) Carl Moyer Program, as well as other SCAQMD incentives and programs available, or other state programs that restrict operations to “clean” trucks, such as 2007 or newer model year or 2014 complaint heavy-duty vehicles, and information about the health effects of diesel particulates, the benefits of reduced idling time, California Air Resources Board regulations, and the importance of not parking in residential areas. If trucks older than 2007 model year would be used at the project site, the developer/successor-in-interest shall encourage tenants, through contract specifications, 915
91 to apply in good-faith funding for diesel truck replacement/retrofit through grant programs such as, but not limited to, the Carl Moyer, Prop 18, VIP [On-Road Heavy Duty Voucher Incentive Program], HVIP [Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project], and SOON [Surplus Off-Road Opt-In for NOX] funding programs, as identified on SCAQMD’s website (http://www.aqmd.gov/home/programs). Tenants would be required to use those funds, if awarded. (General Plan EIR MM-AQ-5) AQ-13: The applicant/developer shall encourage its tenants to use water-based or low volatile organic compound (VOC) cleaning products by providing publicly available information from the Southern California Air Quality Management District (SCAQMD), California Air Resources Board (CARB), and U.S. Environmental Protection Agency (EPA) on such cleaning products. (General Plan EIR MM-AQ-6)
AQ-14: All on-site forklifts shall be non-diesel and shall be powered by electricity, compressed natural gas, or propane if technically feasible. (General Plan EIR MM-AQ-7) AQ-15: All residential and commercial structures shall be required to incorporate high efficiency/low polluting heating, air conditioning, appliances, and water heaters. (General Plan EIR MM-AQ-20)
AQ-16: All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. (General Plan EIR MM-AQ-21) AQ-17: All residential and commercial and structures shall be required to incorporate light colored roofing materials. (General Plan EIR MM-AQ-22, updated) AQ-18: The minimum number of automobile electric vehicle (EV) charging stations required by the California Code of Regulations (CCR) Title 24 shall be provided. As agreed by the Applicant and Lead Agency, final designs of Project Area buildings shall include electrical infrastructure sufficiently sized to accommodate the potential installation of additional auto EV charging stations.

AQ-19: Future individual projects within the Project Area shall not discharge from any source whatsoever such quantities of air contaminants or other material that cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or that endanger the comfort, repose, health, or safety of any such persons or the public, or that cause, or have a natural tendency to cause, injury or damage to business or property.
916
92 AQ-20: Future individual projects within the Project Area shall be required to comply with South Coast Air Quality Management District Rule 1301 – General. This rule is intended to provide that pre-construction review requirements to ensure that new or relocated facilities do not interfere with progress in attainment of the NAAQS, while future economic growth within the South Coast Air Quality Management District is not unnecessarily restricted. The specific air quality goal is to achieve no net increases from new or modified permitted sources of nonattainment air contaminants or their precursors. Rule 1301 also limits emission increases of ammonia, and Ozone Depleting Compounds (ODCs) from new, modified or relocated facilities by requiring the use of Best Available Control Technology (BACT).

AQ-21: Building operators will require (by contract specifications) that equipment, including heavy-duty equipment, motor vehicles, and portable equipment, be turned off when not in use for more than 5 minutes. Truck idling shall not exceed 5 minutes in time. All facilities will post signs requiring that trucks shall not be left idling for more than 5 minutes pursuant to Title 13 of the California Code of Regulations, Section 2485, which limits idle times to not more than five minutes. Nighttime (after 10:00 PM) truck idling would not be permitted.

AQ-22: Future individual projects within the Project Area shall be required to maximize the planting of drought resistant trees in landscaping and parking lots and when/if recycled water becomes available in the future, landscaping shall be supported by this alternative source of water supply.

AQ-23: Where individual projects within the Project Area require permits from SCAQMD to operate specific types of equipment and processes, the developers/operators shall be required to obtain such permits prior to operation of the specific equipment and processes requiring the permit.

C. Would the Project expose sensitive receptors to substantial pollutant concentrations? (Draft EIR, Impact 5.2-3, page 5.2-36 to 5.2-41)
Findings: Significant Unavoidable Impact
Facts in Support of Finding:

Localized Construction Significance Analysis: The nearest sensitive receptors to the Project Area are the residences and other sensitive receptors located within and adjacent to the Project Area.

To identify impacts to sensitive receptors, the SCAQMD recommends addressing LSTs for construction. Localized Significance Thresholds (LSTs) were developed in response to SCAQMD Governing Boards' Environmental Justice Enhancement Initiative (I-4). The SCAQMD provided the 917
93 Final Localized Significance Threshold Methodology (dated June 2003 [revised 2008]) for guidance. The LST methodology assists lead agencies in analyzing localized impacts associated with Project-specific emissions.

The daily construction emissions generated onsite by future development associated with implementation of the proposed Project are evaluated against SCAQMD’s LSTs or a 5-acre site as a conservative screening analysis to determine whether the emissions would cause or contribute to adverse localized air quality impacts. The appropriate SRA for the LSTs is the Central San Bernardino Valley area (SRA 34), since SRA 34 includes the Project Area. LSTs apply to CO, NO2, PM10, and PM2.5. The SCAQMD produced look-up tables for projects that disturb areas less than or equal to 5.0 acres.

The SCAQMD’s methodology states that “off-site mobile emissions from the Project should not be included in the emissions compared to LSTs.” Therefore, for purposes of the construction LST analysis, only emissions included in the CalEEMod “on-site” emissions outputs were considered.

LST thresholds are provided for distances to sensitive receptors of 25, 50, 100, 200, and 500 meters. Therefore, as recommended by the SCAQMD, LSTs for receptors located at 25 meters were utilized in this analysis for receptors closer than 25 meters. Table 5.2-9 in the Draft EIR presents the results of localized emissions during proposed Project construction. As shown, the emissions of these pollutants on the peak day of construction for each pollutant would not result in significant concentrations of pollutants at nearby sensitive receptors. Therefore, the proposed Project would result in a less than significant impact concerning LSTs during construction activities.

Localized Operational Significance Analysis: The on-site operational emissions are compared to the LST thresholds in Table 5.2-10 of the Draft EIR, and shows that the maximum daily emissions of these pollutants during operations of future developments associated with implementation of the proposed Project could exceed the localized significance thresholds for operation emissions for PM10 and PM2.5. The cause of these emissions are emissions from landscaping equipment. It should be noted that the CalEEMod model defaults were utilized for landscaping equipment and number of days of landscaping. However, the amount of landscaping within the Project Area is likely to be much lower than the default assumptions made by CalEEMod, since the assumptions are made based on the land use types selected for the model, and the Project Area is denser, and would therefore contain less area to be landscaped than typical land uses utilized within the modeling software (i.e. CalEEMod). Nevertheless, for the sake of a conservative analysis, the default landscaping equipment and timing assumptions were utilized in the CalEEMod modeling for this analysis.

The proposed Project would implement all feasible mitigation with implementation of Mitigation Measures AQ-9 through AQ-23. However, even with implementation of these mitigation 918
94 measures, the proposed Project could result in significant concentrations of pollutants at nearby sensitive receptors, based on the CalEEMod modeling results. It should be noted that individual projects that would be developed in the Project Area would be reviewed pursuant to CEQA; individual projects could demonstrate localized operational emissions that are below the applicable thresholds. Nevertheless, implementation of the proposed Project as a whole is assumed to result in a significant and unavoidable impact concerning LSTs during operational activities.

The Project would not involve the use, storage, or processing of carcinogenic or non-carcinogenic toxic air contaminants, and no significant toxic airborne emissions would result from operation of the proposed Project. Construction activities are subject to the regulations and laws relating to toxic air pollutants at the regional, State, and federal level that would protect sensitive receptors from substantial concentrations of these emissions. Therefore, impacts associated with the release of toxic air contaminants would be less than significant.

Criteria Pollutant Health Impacts: In December 2018, in the case of Sierra Club v. County of Fresno (2018) 6 Cal.5th 502, California Supreme Court held that an EIR's air quality analysis must meaningfully connect the identified air quality impacts to the human health consequences of those impacts, or meaningfully explain why that analysis cannot be provided. As noted in the Brief of Amicus Curiae by the SCAQMD in the Friant Ranch case (April 6, 2015, Appendix 10.1), SCAQMD has among the most sophisticated air quality modeling and health impact evaluation capability of any of the air districts in the State, and thus it is uniquely situated to express an opinion on how lead agencies should correlate air quality impacts with specific health outcomes.

The SCAQMD discusses that it may be infeasible to quantify health risks caused by projects similar to the proposed Project, due to many factors. It is necessary to have data regarding the sources and types of air toxic contaminants, location of emission points, velocity of emissions, the meteorology and topography of the area, and the location of receptors (worker and residence).

The Brief states that it may not be feasible to perform a health risk assessment for airborne toxics that will be emitted by a generic industrial building that was built on "speculation" (i.e., without knowing the future tenant(s). Even where a health risk assessment can be prepared, however, the resulting maximum health risk value is only a calculation of risk--it does not necessarily mean anyone will contract cancer as a result of the Project. The Brief also cites the author of the CARB methodology, which reported that a PM2.5 methodology is not suited for small projects and may yield unreliable results. Similarly, SCAQMD staff does not currently know of a way to accurately quantify O3-related health impacts caused by NOX or VOC emissions from relatively small projects, due to photochemistry and regional model limitations. The Brief concludes, with respect to the Friant Ranch EIR, that although it may have been technically possible to plug the data into a methodology, the results would not have been reliable or meaningful. 919
95 It should also be noted that NOx and VOCs are “precursor” pollutants, which makes analysis of potential health impacts even more difficult. NOx and VOCs are precursors to ozone, which is formed in the atmosphere from the chemical reaction of NOx and VOCs in the presence of sunlight. As explained by the SCAQMD in its amicus curiae brief for the Friant Ranch case, it takes time and the influence of meteorological conditions for these reactions to occur, so ozone may be formed at a distance downwind from the sources.” Given this, “…it takes a large amount of additional precursor emissions to cause a modeled increase in ambient ozone levels over an entire region.” Therefore, SCAQMD opined that while it “may be feasible” for large, regional projects with very high emissions of NOX and VOCs to conduct an accurate health impact analysis, “SCAQMD staff does not currently know of a way to accurately quantify ozone-related health impacts caused by NOX or VOC (similar to ROG] emissions from relatively small projects.”

On the other hand, for extremely large regional projects (unlike the proposed Project), the SCAQMD states that it has been able to correlate potential health outcomes for very large emissions sources – as part of their rulemaking activity, specifically 6,620 lbs./day of NOX and 89,180 lbs./day of VOC were expected to result in approximately 20 premature deaths per year and 89,947 school absences due to the O3 generated by the mixing of NOx and VOCs.

The proposed Project does not generate anywhere near 6,620 lbs/day of NOX or 89,190 lbs/day of VOC emissions; maximum daily NOx emissions would be 191.8 lbs/day, and maximum daily VOC (similar to ROG) emissions would be 432.8 lbs/day. Therefore, the emissions are not sufficiently high enough to use a regional modeling program to correlate health effects on a basin-wide level. Notwithstanding, this evaluation does evaluate full buildout of the proposed Project throughout the entire Plan Area through buildout year 2040, including evaluation of localized impacts to air quality for emissions of CO, NOX, PM10, and PM2.5 by comparing the onsite emissions to the SCAQMD’s applicable LST thresholds. As described previously, the proposed Project could exceed SCAQMD’s LST thresholds for operation for PM10 and PM2.5. However, it should be noted that individual projects to be developed within the Project Area may be shown to have impacts that would be below the LST thresholds for operational impacts. Additionally, future development projects would be required to analyze toxic air contaminants (TAC) impacts on an individual project level, per SCAQMD requirements, and in accordance with California Office of Environmental Health Hazard Assessment (OEHHA) guidance. It is not feasible to develop an air toxics Health Risk Assessment (HRA) at a programmatic-level for individual development projects whose specific project details (such as specific site end use, site plan, and trip generation) are not well known at this time. Rather, project-specific analysis is the appropriate level of analysis, at the time that each individual project-level details are available.

Therefore, individual projects will be screened and the determination will be made as to whether preparation of an HRA is warranted, at the individual project level. 920
96 Carbon Monoxide Hotspots: An analysis of CO “hot spots” is needed to determine whether the change in the level of service of an intersection resulting from future development associated with implementation of the proposed Project would have the potential to result in exceedances of the CAAQS or NAAQS. It has long been recognized that CO exceedances are caused by vehicular emissions, primarily when vehicles are idling at intersections. Vehicle emissions standards have become increasingly stringent in the last 20 years. Currently, the CO standard in California is a maximum of 3.4 grams per mile for passenger cars (requirements for certain vehicles are more stringent). With the turnover of older vehicles, introduction of cleaner fuels, and implementation of control technology on industrial facilities, CO concentrations have steadily declined.

Accordingly, with the steadily decreasing CO emissions from vehicles, even very busy intersections do not result in exceedances of the CO standard. The 2022 AQMP is the most recent version that addresses CO concentrations. As part of the SCAQMD CO Hotspot Analysis, the Wilshire Boulevard/Veteran Avenue intersection, one of the most congested intersections in Southern California with approximately 100,000 average daily traffic (ADT), was modeled for CO concentrations. This modeling effort identified a CO concentration high of 4.6 ppm, which is well below the 35-ppm Federal standard. The proposed Project would not produce the volume of traffic required to generate a CO hot spot in the context of SCAQMD’s CO Hotspot Analysis. As the CO hotspots were not experienced at the Wilshire Boulevard/Veteran Avenue intersection even as it accommodates 100,000 ADT, it can be reasonably inferred that CO hotspots would not be experienced at any Project area intersections, since no intersection in the vicinity of the Project would come close to 100,000 ADT, even with the addition of the net new ADT attributable to the proposed Project. Therefore, impacts would be less than significant.

Construction-Related Diesel Particulate Matter: Project construction would generate diesel particulate matter (DPM) emissions from the use of off-road diesel equipment required. The amount to which the receptors are exposed (a function of concentration and duration of exposure) is the primary factor used to determine health risk (i.e., potential exposure to toxic air contaminants (TAC) emission levels that exceed applicable standards). Health-related risks associated with diesel-exhaust emissions are primarily linked to long-term exposure and the associated risk of contracting cancer.

The use of diesel-powered construction equipment would be temporary and episodic. The duration of exposure would be short and exhaust from construction equipment would dissipate rapidly. Current models and methodologies for conducting health risk assessments are associated with longer-term exposure periods of 9, 30, and 70 years, which do not correlate well with the temporary and highly variable nature of construction activities. The closest sensitive receptor to the Project Area is located within the Project Area. 921
97 California Office of Environmental Health Hazard Assessment has not identified short-term health effects from DPM. Construction is temporary and would be transient throughout the Project Area and individual development sites (i.e., move from location to location) and would not generate emissions in a fixed location for extended periods of time. Construction activities would be subject to and would comply with California regulations limiting the idling of heavy-duty construction equipment to no more than five minutes to further reduce nearby sensitive receptors’ exposure to temporary and variable DPM emissions. Moreover, Mitigation Measures AQ-2, AQ-5, AQ-7 and AQ-8 would require that Project plans and specifications shall include signs at loading dock facilities that include: 1) instructions for truck drivers to shut off engines when not in use; 2) instructions for trucks drivers to restrict idling to no more than 5 minutes once the vehicle is stopped, the transmission is set to “neutral” or “park”, and the parking brake is engaged pursuant to Title 13 of the California Code of Regulations, Section 2485; and 3) telephone numbers of the building facilities manager and CARB to report violations. Signs shall be installed prior to receipt of an occupancy permit. Additionally, as discussed above, future development projects would be required to analyze toxic air contaminants (TAC) impacts on an individual project level, per SCAQMD requirements, and in accordance with California Office of Environmental Health Hazard Assessment (OEHHA) guidance. Therefore, individual projects will be screened and the determination will be made as to whether preparation of an HRA is warranted, at the individual project level. For these reasons, DPM generated by Project construction activities, in and of itself, would not expose sensitive receptors to substantial amounts of air toxins and the proposed Project would result in a less than significant impact.

Mitigation Measures: Refer to Mitigation Measure AQ-1 through AQ-23. No additional mitigation measures are feasible.

2.4.2 Greenhouse Gas Emissions
A. Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? (Draft EIR, Impact 5.7-1, page 5.7-22 to 5.7-33)
B. Would the project conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases? (Draft EIR, Impact 5.7-2, page

5.7-22 to 5.7-3
Finding: Significant Unavoidable Impact
Facts in Support of Finding:

Construction Emissions: Potential future development associated with implementation of the proposed Project would generate GHGs during the construction and operational phases of the Project. The proposed Project’s primary source of construction-related GHGs would result from 922
98 emissions of CO2 associated with individual development projects’ construction and worker vehicle trips; refer to Table 5.7-1 in the Draft EIR. Additionally, site-specific development would likely require limited demolition and grading, and would also include site preparation, paving building construction, and architectural coating phases. Construction was assumed to occur starting in year 2023 and ending in year 2040. Since specific development projects are not currently proposed, default parameters were used for construction activities except for the building and architectural phases, which were adjusted for the buildout year of 2040.

Project construction-related activities would generate a maximum of approximately 13,725 MTCO2e of GHG emissions in a single year. Total GHG emissions construction-related activities would be approximately 196,947, over the entire course of construction (assumed to start in year 2023 and end in year 2040). See Appendix C of the Draft EIR for more detail. Once construction is complete, the generation of construction-related GHG emissions would cease.

Operational Emissions: The operational phase of future development associated with implementation of the proposed Project would generate GHGs primarily from the individual development’s operational vehicle trips and building energy (electricity and natural gas) usage; refer to Table 5.7-2 of the Draft EIR. Other sources of GHG emissions would be minimal. Refer to Section 5.2, Air Quality, of the Draft EIR for further detail regarding additional mitigation measures that could reduce GHG emissions.

Project operational GHG emissions would total approximately 54,184 MTCO2e annually, and combined with construction-related GHG emissions, would total approximately 54,629 MTCO2e annually. Therefore, the proposed Project would exceed the SCAQMD’s proposed GHG threshold of 3,000 MTCO2e per year for residential and commercial land uses. Thus, the Project has the potential to result in a cumulatively considerable impact with respect to GHG emissions.

The Fontana General Plan includes goals, policies, and actions to reduce GHG emissions. In addition, future development associated with implementation of the proposed Project would be required to implement General Plan EIR mitigation measure MM-GHG-1 (incorporated as Mitigation Measure GHG-1), in which future development projects must demonstrate the incorporation of design features that achieve a minimum 28.5 percent reduction in GHG emissions from non-mobile sources. The proposed Project would also be required to implement Mitigation Measure GHG-2 and Mitigation Measure GHG-3, as provided below. Mitigation Measure GHG-2 would require developers of future individual projects in the Project Area to construct buildings to be solar-ready and to install solar energy or clean energy for each structure greater than 50,000 square feet within two years of commencing operations, when feasible.

Mitigation Measure GHG-3 would require developers of future individual projects in the Project Area that have 10 employees or more to submit a GHG Reduction Plan to the City for review and approval. Although the numerical effectiveness of these mitigation measures cannot be quantified at this time without further information about the exact type and design of future 923
99 individual projects in the Project Area, these measures would minimize operational-source related contributions to significant GHG emissions to the greatest extent feasible for a project of this type. However, ultimately the above measures, in conjunction with Air Quality Mitigation Measures AQ-1 through AQ-28, would not fully reduce significant construction or operationalsource GHG emissions to a less than significant level.

No feasible mitigation measures exist that would reduce these emissions to levels that are lessthan-significant. Project operational-source GHG emissions exceedances of applicable SCAQMD numeric threshold are therefore considered significant and unavoidable. Moreover, approximately 50 percent of all operational-source emissions (by weight) would be generated by Project mobile sources (traffic). Neither future project applicants nor the Lead Agency can substantively or materially affect reductions in project mobile-source emissions beyond the regulatory requirements and Mitigation Measures GHG-1, GHG-2, and GHG-3. As such, project operational-source GHG emissions exceedances of the numeric thresholds discussed above are considered to be significant and cumulatively considerable impacts in regards to GHG impacts.

However, it should be noted that the proposed Downtown Core Project would provide for more residential and commercial development in proximity to each other, as well as in proximity to transit. Further, Project implementation would provide for a denser urban environment with improved amenities that support active (non-motorized) transportation opportunities within the Project Area. When compared to the existing General Plan land use plan for the Project Area, the proposed Downtown Core Project would result in a four percent reduction in VMT per service population. Accordingly, as discussed further below, the Project is consistent with plans and policies designed to achieve the State’s GHG reduction goals.

Consistency with Applicable GHG Plans, Policies or Regulations: The goal to reduce GHG emissions to 1990 levels by 2020 (Executive Order S-3-05) was codified by the California Legislature as AB

32. In 2008, CARB approved a Scoping Plan as required by AB 32. The Scoping Plan has a range of GHG reduction actions which include direct regulations, alternative compliance mechanisms, monetary and non-monetary incentives, voluntary actions, market-based mechanisms such as a cap-and-trade system, and an AB 32 implementation fee to fund the program. The 2022 Scoping Plan identifies additional GHG reduction measures necessary to achieve the 2030 target, as well as to achieve the State’s target of carbon neutrality by year 2045. These measures build upon those identified in the previous Scoping Plan updates. Although a number of these measures are currently established as policies and measures, some measures have not yet been formally proposed or adopted. It is expected that these measures or similar actions to reduce GHG emissions will be adopted subsequently as required to achieve Statewide GHG emissions targets.

Table 5.7-3 in the Draft EIR summarizes the Project’s consistency with applicable policies and measures of the 2022 Scoping Plan. As indicated in Table 5.7-3, the Project would not conflict with any of the provisions of the 2022 Scoping Plan and would support four of the action categories through energy efficiency, water conservation, recycling, and landscaping. 924
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On September 3, 2020, SCAG’s Regional Council adopted Connect SoCal (2020-2045 Regional Transportation Plan/Sustainable Communities Strategy [2020 RTP/SCS]). The RTP/SCS is a longrange visioning plan that balances future mobility and housing needs with economic, environmental, and public health goals. The RTP/SCS embodies a collective vision for the region’s future and is developed with input from local governments, county transportation commissions, tribal governments, nonprofit organizations, businesses, and local stakeholders in the counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura. SCAG’s RTP/SCS establishes GHG emissions goals for automobiles and light-duty trucks for 2020 and 2035 as well as an overall GHG target for the Project region consistent with both the target date of AB 32 and the post-2020 GHG reduction goals of Executive Orders 5-03-05 and B-30-15.

The RTP/SCS contains over 4,000 transportation projects, ranging from highway improvements, railroad grade separations, bicycle lanes, new transit hubs and replacement bridges. These future investments were included in county plans developed by the six county transportation commissions and seek to reduce traffic bottlenecks, improve the efficiency of the region’s network, and expand mobility choices for everyone. The RTP/SCS is an important planning document for the region, allowing project sponsors to qualify for federal funding.

The plan accounts for operations and maintenance costs to ensure reliability, longevity, and cost effectiveness. The RTP/SCS is also supported by a combination of transportation and land use strategies that help the region achieve State GHG emissions reduction goals and Federal Clean Air Act (FCAA) requirements, preserve open space areas, improve public health and roadway safety, support our vital goods movement industry, and utilize resources more efficiently. GHG emissions resulting from development-related mobile sources are the most potent source of emissions, and therefore Project comparison to the RTP/SCS is an appropriate indicator of whether the Project would inhibit the post-2020 GHG reduction goals promulgated by the State.

The Project’s consistency with the RTP/SCS goals is analyzed in detail in Table 5.7-4 of the Draft EIR. Compliance with applicable State standards would ensure consistency with State and regional GHG reduction planning efforts. The goals stated in the RTP/SCS were used to determine consistency with the planning efforts previously stated. As shown in Table 5.7-4 of the Draft EIR, the proposed Project would be consistent with the stated goals of the RTP/SCS. Therefore, the proposed Project would not result in any significant impacts or interfere with SCAG’s ability to achieve the region’s post-2020 mobile source GHG reduction targets.

Conclusion: Though the proposed Project would be required to comply with regulations imposed by the State of California and the SCAQMD aimed at the reduction of air pollutant emissions, as described above, the proposed Project would generate emissions beyond the identified threshold of 3,000 MTCO2e/year for residential and commercial land uses, and as such, would have a cumulatively significant and unavoidable adverse impact. 925
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Mitigation Measures:

GHG-1:Prior to the issuance of building permits, future development projects shall demonstrate compliance with the SCAQMD threshold for greenhouse gas emissions in place at the time of individual project development, or if exceeding the applicable threshold, demonstrate the incorporation of project design features that achieve compliance with the SCAQMD threshold for greenhouse emissions in place at the time of individual project development to the maximum extent feasible. With regard to expansions/modifications of existing facilities, this mitigation measure shall be applied to the resulting incremental net increase in enclosed floor area. Future projects that exceed the SCAQMD threshold for greenhouse gas emissions in place at the time of individual project development shall include measures to reduce emissions, that may include, but not be limited to, the following list of potential design features (which includes measures for reducing GHG emissions related to Transportation and Motor Vehicles).

Energy Efficiency
 Design buildings to be energy efficient and exceed Title 24 requirements by at least 5 percent.
 Install efficient lighting and lighting control systems. Site and design buildings to take advantage of daylight.
 Use trees, landscaping and sun screens on west and south exterior building walls to reduce energy use.
 Install light colored “cool” roofs and cool pavements.  Provide information on energy management services for large energy users.  Install energy efficient heating and cooling systems (e.g., minimum of Energy Star rated equipment).
 Implement design features to increase the efficiency of the building envelope (i.e., the barrier between conditioned and unconditioned spaces).  Install light emitting diodes (LEDs) for traffic, street and other outdoor lighting.  Limit the hours of operation of outdoor lighting.

Renewable Energy
 Install solar panels on carports and over parking areas.  Use combined heat and power in appropriate applications.

Water Conservation and Efficiency
 Create water-efficient landscapes with a preference for a xeriscape landscape palette.
 Install water-efficient irrigation systems and devices, such as soil moisture-based irrigation controls.
 Design buildings to be water-efficient. Install water-efficient fixtures and appliances (e.g., EPA WaterSense labeled products).
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 Restrict watering methods (e.g., prohibit systems that apply water to nonvegetated surfaces) and control runoff.  Restrict the use of water for cleaning outdoor surfaces and vehicles.  Implement low-impact development practices that maintain the existing hydrologic character of the site to manage storm water and protect the environment (retaining storm water runoff on-site can drastically reduce the need for energy-intensive imported water at the site).
 Devise a comprehensive water conservation strategy appropriate for the project and location. The strategy may include many of the specific items listed above, plus other innovative measures that are appropriate to the specific project.  Provide education about water conservation and available programs and incentives.

Solid Waste Measures
 Reuse and recycle construction and demolition waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and carboard).  Provide interior and exterior storage areas for recyclables and green waste and adequate recycling containers located in public areas.
 Provide education and publicity about reducing waste and available recycling services.

Transportation and Motor Vehicles
 Limit idling time for commercial vehicles, including delivery and construction vehicles.
 Promote ride sharing programs (e.g., by designating certain percentage of parking spaces for ride sharing vehicles, designating adequate passenger loading and unloading and waiting areas for ride sharing vehicles, and providing a web site or message board for coordinating rides).
 Creating local “light vehicle” networks, such as neighborhood electric vehicle (NEV) systems.
 Provide the necessary facilities and infrastructure to encourage the use of low or zero-emission vehicles (e.g., electric vehicle charging facilities and conveniently located alternative fueling stations).
 Promote “least polluting” ways to connect people and goods to their destinations.  Incorporate bicycle lanes and routes into street systems, new subdivisions, and large developments.
 Incorporate bicycle-friendly intersections into street design.  For commercial projects, provide adequate bicycle parking near building entrances to promote cyclist safety, security, and convenience. For large employers, provide facilities that encourage bicycle commuting (e.g., locked bicycle storage or covered or indoor bicycle parking).
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 Create bicycle lanes and walking paths directed to the location of schools, parks and other destination points. (General Plan EIR MM-GHG-1, updated) GHG-2: All future individual projects with the Project Area shall be required to construct future buildings to be solar or other clean energy technology compatible, and clean energy ready. Further, for individual structures proposed within the Project Area that are greater than 50,000 square feet, the developer shall ensure that the structure provides solar photovoltaic panel system(s) within 2 years of commencing operations where feasible.

GHG-3: Prior to issuance of building permits, future individual project developers with more than 10 employees or more than 10 company vehicles shall submit a GHG Emissions Reduction Plan (ERP) at the discretion of the Planning Director, to the City of Fontana for review and approval. The objective of the plan shall be to reduce GHG emissions by a minimum of 10 percent. The GHG ERP shall consider and identify GHG emission reductions from the following emission source categories as part of the ERP:
 Energy source reduction from measure GHG-1
 Implementation of Ride Sharing Program (Mobile Source)  Provision of electric vehicle charging stations (Level 2 or Level 3, Mobile Source)  Maintenance of an onsite bicycle sharing program (Mobile Source)  Establishment and support of a mass transit use program (including adjusting hours of operations to complement local mass transit operations, Mobile Source)  Provision of secure bicycle parking facilities (Mobile Source)  Acquisition of a minimum of one company electric vehicle or low NOx emission CNG vehicle, including truck(s) (Mobile source)
 Install low demand water consumption systems, internally and outdoors (Water Usage source)
 Implement a solid waste management system that achieves greater than 50 percent recycling (Waste Management Source)
 Utilize construction equipment that can reduce GHG and NOx emissions a minimum of 5 percent (Construction Emissions Source).

2.4.3 Noise
A. Would the Project result in generation of 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? (Draft EIR, Impact 5.11-1, page 5.11-17 to 5.11-25)
Finding: Significant Unavoidable Impact
Facts in Support of Finding: The City is proposing to create a new focused area in the Downtown Core (Project Area) by creating and implementing a new General Plan land use category and six new FBC districts specific to the Project Area. The proposed General Plan, 928
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General Plan Land Use Map, Zoning District Map, and Zoning and Development Code amendments would apply the new General Plan WMXU-3 land use category and new Zoning and Development Code FBC districts to the Project Area. Although the proposed Project does not involve site-specific development, the intent is to promote additional residential development and supportive commercial uses and amenities based on the highest residential development and commercial potential that could be built. Further, the Project would allow for the complete closure of Sierra Avenue to vehicular traffic between Arrow Boulevard and Orange Way.

Based on the maximum development potential and existing (on-the-ground) development anticipated to remain, implementation of the Downtown Core Project would allow for new development of approximately 10,920 dwelling units (8,900 units over existing conditions) and new development of approximately 3,992,868 square feet of non-residential uses (2,685,404 square feet over existing conditions).

Transportation Noise Impacts: The primary noise source in the Project Area would continue to be vehicle traffic. Future traffic noise level contours with implementation of the Proposed Project, presented in Figure 5.11-3 of the Draft EIR, shows that future noise levels at a distance of 50 feet from the centerline of studied roadways would range between 58.6 and 73.8 dBA CNEL by the year 2040 with the proposed Project. By the year 2040, existing land uses adjacent to the studied roadways would be exposed to noise levels that exceed the City's exterior standards with implementation of the proposed Project. Compared to existing traffic noise levels, 2040 with Project traffic volumes are expected to be up to 13.6 dBA CNEL louder than existing ambient noise levels at existing land uses and would result in audible increases in ambient noise along Nuevo Avenue, Orange Way, and Wheeler Avenue.

Traffic noise would be significant if levels are increased by more than 3 dBA to levels above 65 dBA CNEL in areas with sensitive uses. Under the Project condition, noise levels along Nuevo Avenue from Arrow Boulevard to Orange Way, Orange Way from Nuevo Avenue to Wheeler Avenue, and Wheeler Avenue from Arrow Boulevard to Valencia Avenue would increase more than 3 dB and would be above 65 dBA CNEL. Sensitive receptors along Nuevo Avenue include single-family residential uses and multifamily residential uses. There are no sensitive uses along Nuevo Avenue from Arrow Boulevard to Valencia Avenue. Sensitive receptors along Orange Way include a park and multifamily residential uses. Sensitive receptors along Wheeler Avenue include single-family residential uses. As noise levels would be increased by more than 3 dBA to levels above 65 dBA CNEL in areas with sensitive uses, implementation of the proposed Project would result in substantial permanent increases in existing noise levels at existing and future sensitive receptors along these segments.

Implementation of the proposed Project would result in significant impacts related to exceedances of the 65 dBA CNEL land use compatibility criteria, as outlined in the actions of 929
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General Plan Noise and Safety Element Goal 8, and substantial increases in ambient noise levels.

Where existing land uses would be impacted, the impact would be significant and unavoidable as setback distances of existing sensitive receptors are already established.

The use of sound walls or quiet pavements could potentially be employed to reduce these impacts, but neither is a feasible method here. Sound walls already exist in most places within the Project area where they could be effective in reducing noise impacts. Many impacted residential uses along the roadway segments listed above are accessed directly via driveways off the main roadway, meaning any new sound wall along such roadways would require many driveway openings, substantially reducing the noise barrier performance. Additionally, raising the heights of sound walls or constructing new noise barriers would result in encroachment on private property. Raising sound wall heights would likely require enlarging footings, thereby requiring the demolition of existing sound walls. Therefore, the use of new sound walls or modifying sound walls is not practical and is not a feasible method of mitigating the Project’s noise impacts.

Quiet pavements have been used to mitigate traffic noise and are typically assumed to provide a 3 to 5 dBA reduction. Although quiet pavement would likely reduce some of the noise impacts outlined in the previous tables to a less than significant level, noise impacts would remain significant as the introduction of quiet payments would not reduce all of the impacted roadway segments to a level that would be less than significant due to the magnitude of the traffic noise increases that would occur with the proposed Project. Additionally, widespread repaving of Project Area streets with quiet pavements would be extremely expensive. Given the marginal benefit that the use of quiet pavement would provide, relative to its cost, it is not considered to be a feasible form of mitigation given the circumstances. As there are no feasible noise reduction measures for the potential of significant noise exposure to existing sensitive land uses that can be identified at this time, traffic noise impacts to existing sensitive land uses associated with Project implementation would be significant and unavoidable.

Stationary Noise Sources: Stationary noise would be significant if stationary noise levels exceed the levels outlined in the Fontana Municipal Code. Implementation of the Project could result in the future development of land uses that generate noise levels in excess of applicable City noise standards for non-transportation noise sources as outlined in the Fontana Municipal Code. While the Project does not explicitly propose any new noise-generating uses, the Land Use Map includes mixed-use land use designations, which may result in new noise sources. Specific development projects and the details of future noise-generating land uses that may be located in the City in the future are not known at this time. Additionally, noise from existing stationary sources would continue to impact noise-sensitive land uses in the vicinity of the noise sources. 930
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While no specific development projects are proposed under the Project, changes in land use may allow for more intensive noise-generating uses in closer proximity to noise-sensitive uses. Where this occurs, detailed noise studies would be required to ensure that noise control measures are implemented into the project design. Such measures could include the redesign of stationary noise sources away from sensitive uses, construction of sound walls or berms between noise generating uses and sensitive uses, using buildings to create additional buffer distance and screening, or other site design measures to ensure that non-transportation (stationary) noise sources do not cause exterior noise levels to exceed allowable standards at sensitive receptors.

Future development associated with implementation of the proposed Project would be required to implement General Plan EIR mitigation measure MM-NOI-1 (incorporated herein as NOI-1), which requires a noise study be performed prior to issuance of a grading permit and mitigation implemented if noise levels exceed 65 dBA. Compliance with Mitigation Measure NOI-1 would reduce stationary noise impacts to a less than significant level.

Construction Noise and Vibration: The degree of construction noise may vary for different development projects associated with implementation of the proposed Project and also vary depending on the construction activities. Noise levels associated with construction activities vary depending on the different phases of construction. Construction must occur between the times of 7AM and 6PM on weekdays and 8AM to 5PM on Saturdays per Section 18-63(b)(7) of the Fontana Municipal Code. There are no specific limits for noise levels during those times.

The Environmental Protection Agency (EPA) has compiled data regarding the noise-generated characteristics of typical construction activities, as shown in Table 5.11-12 of the Draft EIR. These noise levels would diminish rapidly with distance from the construction site at a rate of 6 dBA per doubling of distance. For example, a noise level of 86 dBA measured 50 feet from the noise source would reduce to 80 dBA at 100 feet. At 200 feet from the noise source, the noise level would reduce to 74 dBA. At 400 feet, the noise source would reduce by another 6 dBA to 68 dBA.

Construction noise would be significant if construction occurs outside of the hours specified in Section 18-63(7) of the Fontana Municipal Code. The potential impact is site-specific and depends on the construction equipment used and distance to adjacent sensitive receptors.

Implementation of the proposed Project could result in short-term noise impacts associated with construction activities. Two types of short-term noise impacts could occur during construction activities, on-site and off-site.

Construction crew commute and the transport of construction equipment and materials to the site for the proposed Project would incrementally increase noise levels on access roads leading to the site. Truck traffic associated with individual project construction would be limited to within the permitted construction hours as listed in the City's Municipal Code. Although there would be a relatively high single-event noise exposure potential at a maximum of 87 dBA Lmax at 50 ft 931
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from passing trucks, causing possible short-term intermittent annoyances, the effect on ambient noise levels would be less than 1 dBA when averaged over one hour or 24 hours. In other words, the changes in noise levels over 1 hour or 24 hours attributable to passing trucks would not be perceptible to the normal human ear. Therefore, short-term construction-related impacts associated with worker commute and equipment transport on local streets leading to the specific project site would result in a less than significant impact on noise-sensitive receptors along the access routes.

The site preparation phase of on-site construction activities, which includes grading and paving, tends to generate the highest noise levels since the noisiest construction equipment is earthmoving equipment. Earthmoving equipment includes excavating machinery such as backhoes, bulldozers, and front loaders. Earthmoving and compacting equipment includes compactors, scrapers, and graders. Typical operating cycles for these types of construction equipment may involve 1 or 2 minutes of full power operation followed by 3 or 4 minutes at lower power settings. Site-specific construction activities associated with future development is expected to require the use of scrapers, bulldozers, motor graders, and water and pickup trucks.

The maximum noise level generated by each scraper is assumed to be approximately 87 dBA Lmax at 50 feet from the scraper in operation. Each bulldozer would also generate approximately 85 dBA Lmax at 50 feet. The maximum noise level generated by the sound sources with equal strength increases the noise level by 3 dBA. Noise reduction potential would be project and sitespecific. Future construction activities associated with implementation of the proposed Project would be required to implement Mitigation Measure NOI-1 and General Plan EIR mitigation measure MM-NOI-2 (incorporated herein as Mitigation Measure NOI-2). Mitigation Measure NOI-1 requires future development projects within 200 feet of a sensitive use prepare a noise study that addresses the potential impacts upon off-site sensitive uses due to construction.

Further, Mitigation Measure NOI-2 provides procedures for construction activities to reduce impacts related to equipment moving and operation. Compliance with Mitigation Measures NOI1 and NOI-2 and Section 18-63(7) of the Fontana Municipal Code during construction associated with site-specific projects would reduce noise impacts from on-site construction activities to a less than significant level.

Conclusion: With the exception of traffic noise on existing noise-sensitive uses along identified roadway segments, which would result in a significant unavoidable impact, the Project would not result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project Area in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies with the implementation of Mitigation Measures NOI-1 and NOI-2.
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Mitigation Measures:

NOI-1: Prior to issuance of a grading permit, a developer shall contract for a site-specific noise study for a parcel within 200 feet of a sensitive use as identified within Goal 8 of the 2015- 2035 General Plan. The noise study shall be performed by an acoustic consultant experienced in such studies, and the consultant's qualifications and methodology to be used in the study must be presented to City staff for consideration. The site-specific acoustic study shall specifically identify potential noise impacts upon any proposed sensitive uses, as well as potential project impacts upon off-site sensitive uses due to construction, stationary and mobile noise sources. Mitigation shall be required if noise levels exceed 65 dBA, as identified in Goal 8 of the 2015-2035 General Plan (General Plan EIR MM-NOI-1, updated).

NOI-2: To reduce impacts related to heavy construction equipment moving and operating on site during project construction, grading, demolition, and paving prior to issuance of grading permits, the applicant shall ensure that the following procedures are followed:
 Construction equipment, fixed or mobile, shall be properly outfitted and maintained with feasible noise-reduction devices to minimize construction generated noise.  Laydown and construction vehicle staging areas shall be located away from noise sensitive land uses if feasible.
 Stationary noise sources such as generators shall be located away from noise sensitive land uses, if feasible.
 Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow surrounding property owners to contact the job superintendent 24 hours a day to report noise and other nuisance-related issues, if necessary. The point of contact shall be available 24 hours a day, 7 days a week and have authority to commit additional assets to control dust after hours, on weekends, and on holidays. In the event that the City of Fontana receives a pattern of noise complaints, appropriate corrective actions shall be implemented, such as on- site noise monitoring during construction activities, and a report of the action shall be provided to the reporting party (General Plan EIR MM-NOI-2).

2.5 Cumulative Impacts

2.5.1 Aesthetics
Finding: Less Than Significant Impact. (Draft EIR, Section 5.1.6, page 5.1-11 to 5.1-12) 933
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Facts in Support of Finding: the Project Area contains a mix of existing on-site development. The Downtown Core Project would support additional infill development beyond existing conditions and could increase residential densities and non-residential land use intensities throughout the Project Area. This new development may result in changes to the skyline throughout the Project Area, which may obstruct or interfere with views of surrounding visual features, including the San Gabriel Mountains to the north and the Jurupa Hills to the south. Scenic views within the Project Area include views of the San Gabriel Mountains to the north and the Jurupa Hills to the south, which are intermittently visible from the Project Area due to intervening development within the Project Area and surrounding area. Major north-south trending streets, including Sierra Avenue, Juniper Avenue, and Mango Avenue, generally function as view corridors to the San Gabriel Mountains and Jurupa Hills. As previously discussed, although a maximum building height of 70 feet would be allowed within the Civic Core, Gateway Core, and Sierra Core, a 35- foot maximum height would be maintained adjacent to Sierra Avenue and a 55-foot maximum height would be maintained adjacent to street corners within the Gateway Core and Sierra Core. The Gateway Core and Sierra Core comprise the areas wherein views of the San Gabriel Mountains and Jurupa Hills are primarily provided. Height limitations along Sierra Avenue and at the street corners will assist in maintaining these long-range views from the Project Area. Regional growth has and will continue to result in a cumulative aesthetic effect by converting undeveloped land into developed and occupied areas, intensifying existing development, and increasing overall levels of nighttime lighting. In general, the Project would accommodate an increase in building density and intensity, and height which could increase the number and distribution of dwelling units and other buildings, as well as supporting infrastructure. This is considered a potentially significant cumulative impact. Subsequent projects implemented within the Project Area would be required to be consistent with the General Plan and adopted regulations pertaining to aesthetics and lighting in the City. With implementation of the adopted policies and regulations described above, the proposed Project would not considerably contribute to permanent changes in visual character, such as obstruction of scenic views, conversion of existing visual character, and increased lighting resulting in a substantial degradation. Compliance with the General Plan policies, goals, and actions, as well as the Fontana Development Code, would reduce the cumulative effect of the Project on visual character to a less-than-significant level. Therefore, the Project’s incremental contribution to aesthetic impacts would be less than cumulatively considerable.

2.5.2 Agriculture And Forestry Resources
Finding: Less Than Significant Impact.

Facts in Support of Finding: The Project Area does not contain any Prime Farmland, Unique Farmland, or Farmland of Statewide Importance pursuant to the Farmland Mapping and Monitoring Program. Further, the Project Area and surrounding areas are not being used for any 934
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agricultural purposes, do not contain any land zoned for agricultural uses, nor are any sites under a Williamson Act contract. The Project Area is not zoned for forest land, timberland, or for timberland production. According to the General Plan, no forest land, timberland, or timberland zoned Timberland Production occurs within the City. The Project Area is urbanized and no forest land, timberland, or timberland production areas are located within or adjacent to the Project Area. Therefore, the Project’s incremental contribution to agriculture and forestry resources would be less than cumulatively considerable.

2.5.3 Air Quality
Finding: Significant Unavoidable Impact
Facts in Support of Finding: Construction of the growth associated with implementation of the Downtown Core Project has the potential to temporarily emit criteria air pollutant emissions through the use of heavy-duty construction equipment, and through vehicle trips generated by workers and haul trucks. In addition, fugitive dust emissions would result from demolition and various soil-handling activities. Mobile source emissions, primarily NOx and PM emissions (i.e., PM10 and PM2.5), would result from the use of diesel-powered on- and off-road vehicles and equipment. Construction emissions can vary substantially from day-to-day, depending on the level of activity and the specific type of construction activity. As shown in Table

5.2-7 of the Draft EIR, mitigated construction-related daily emissions would not exceed the SCAQMD significance thresholds.

Operation of the future development accommodated by the proposed Project would generate criteria air pollutant emissions from project-generated vehicle trips traveling within the City, energy sources such as natural gas combustion, and area sources such as landscaping equipment and consumer products usage.

Cumulative Short-Term Emissions: SCAB is designated nonattainment for O3, PM10, and PM2.5 for State standards and nonattainment for O3 and PM2.5 for Federal standards. As discussed above, the Project’s mitigated construction-related emissions by themselves would not exceed the SCAQMD significance thresholds for criteria pollutants.

Since these thresholds indicate whether individual Project emissions have the potential to affect cumulative regional air quality, it can be expected that the Project-related construction emissions would not be cumulatively considerable. The SCAQMD has developed strategies to reduce criteria pollutant emissions outlined in the AQMP pursuant to the federal Clean Air Act mandates.

The analysis assumed fugitive dust controls would be utilized during construction, including frequent water applications. SCAQMD rules, mandates, and compliance with adopted AQMP emissions control measures would also be imposed on construction projects throughout the 935
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SCAB, which would include related cumulative projects. As concluded above, the Project’s construction-related impacts would be less than significant. Compliance with SCAQMD rules and regulations would further minimize the proposed Project’s construction-related emissions.

Therefore, Project-related construction emissions, in combination with those from other projects in the area, would not substantially deteriorate the local air quality. The Project’s constructionrelated emissions would not result in a cumulatively considerable contribution to significant cumulative air quality impacts.

Cumulative Long-Term Impacts: The SCAQMD has not established separate significance thresholds for cumulative operational emissions. The nature of air emissions is largely a cumulative impact. As a result, no single project is sufficient in size to, by itself, result in nonattainment of ambient air quality standards. Instead, individual project emissions contribute to existing cumulatively significant adverse air quality impacts. The SCAQMD developed the operational thresholds of significance based on the level above which individual project emissions would result in a cumulatively considerable contribution to SCAB’s existing air quality conditions. Therefore, a project that exceeds the SCAQMD operational thresholds would also be a cumulatively considerable contribution to a significant cumulative impact.

As shown in Table 5.2-8 of the Draft EIR, the Project’s operational emissions would exceed SCAQMD thresholds for ROG, NOX, CO, PM10, and PM2.5. As a result, the Project’s operational emissions would result in a cumulatively considerable contribution to significant cumulative air quality impacts. While adherence to SCAQMD rules and regulations would alleviate potential impacts related to cumulative conditions on a project-by-project basis, since the Project would exceed SCAQMD thresholds, this is considered a significant and unavoidable impact. Based on these impacts, the Downtown Core Project would contribute to a cumulative impact with regard to air quality in the region and within the air basin (i.e. the South Coast Air Basin) as a whole.

Therefore, this impact is considered a cumulatively considerable and significant and unavoidable impact.

2.5.4 Biological Resources
Finding: Less Than Significant Impact. (Draft EIR, Section 5.3.6, page 5.3-13 to 5.3-14) Facts in Support of Finding: Biological resources are a limited resource and their cumulative loss is considered significant. The Project Area is located within an urbanized area and currently developed with residential and non-residential uses. No natural open space areas containing significant biological resources exist within the Project Area. The Project Area does not function as a migratory wildlife corridor; and is not located within the boundaries of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. The Downtown Core Project does not change 936
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land use designations from open space to development; rather Project implementation would allow for the intensification of land uses in areas already developed or considered for development. Subsequent projects associated with implementation of the Downtown Core Project would be required to be consistent with federal, State, and local regulations, including the General Plan and General Plan EIR mitigation measures, designed to protect biological resources. In compliance with Mitigation Measures BIO-1 and BIO-2, proposed development or redevelopment within the Project Area would be reviewed to determine the potential for sitespecific development to impact biological resources and if present, would be required to implement measures to mitigate potential impacts. Thus, the Project’s impacts would not be cumulatively considerable and cumulative impacts to biological resources would be less than significant.

2.5.5 Cultural Resources
Finding: Less Than Significant Impact (Draft EIR, Section 5.4.6, page 5.4-16) Facts in Support of Finding: Cultural resource impacts are site specific and generally do not combine to result in cumulative impacts. Construction of individual development projects associated with implementation of the Downtown Core Project may result in the discovery and removal of cultural resources, including historic and archaeological resources, as well as the inadvertent discovery of human remains. Federal, State, and local regulations, including the Fontana General Plan and mitigation measures, would reduce the risk to cultural resources in the region. As discussed above, site-specific development with the potential to impact known or unknown historic and/or archaeological resources would require a resource assessment to determine the significant of potential resources and if potential impacts are identified, to incorporate mitigation measures to reduce potential impacts to the identified resources. In the event of inadvertent discovery of human remains, Health and Safety Code Section 7050.5, CEQA Guidelines Section 15064.5(e), and PRC Section 5097.98 would dictate the proper identification and handling. Compliance with the Fontana General Plan policies and actions, and existing federal, State, and local regulations would avoid and/or minimize a cumulative loss of these important resources if they are identified during project specific surveys or construction activities. Therefore, the Project’s incremental contribution to cumulative cultural resource impacts would be less than cumulatively considerable.

2.5.6 Energy
Finding: Less Than Significant Impact (Draft EIR, Section 5.5.6, page 5.5-13) Facts in Support of Finding: As future development projects within the Project Area are received and reviewed by the City in subsequent years, those projects would be reviewed for consistency with the City’s General Plan and Development Code and all relevant State-level 937
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programs and requirements. All future projects must implement the most current version of the Title 24 energy efficiency requirements, as required by State law. Consistency with the General Plan and other mandatory State-level programs would ensure that future project-level contributions to inefficient, wasteful or unnecessary energy use would be less than significant.

Moreover, as identified above, Project implementation would not be expected to cause an inefficient, wasteful, or unnecessary use of energy resources nor conflict with or obstruct a state or local plan for renewable energy or energy efficiency. As a result, the proposed Downtown Core Project’s incremental contribution to cumulative energy impacts would be less than cumulatively considerable.

2.5.7 Geology And Soils
Finding: Less Than Significant Impact (Draft EIR, Section 5.6.6, page 5.6-15 to 5.6-16) Facts in Support of Finding: Future development within the region, including the Project Area, would contribute to the exposure of people and structures to geologic and seismic hazards.

However, specific site and soils conditions would vary amongst the Project Area and cumulative project sites. Similar to the Project, geotechnical studies would be required to be prepared for cumulative projects and site-specific development would be required to comply with the established regulatory framework (i.e., CBSC and Municipal Code requirements). The site-specific geotechnical studies would require review and approval by the City, and recommendations included in the report would be required to be incorporated into the grading plans and specifications for individual projects. If a specific site were determined to create a significant impact that could not be feasibly mitigated, the site would not be appropriate for development.

Overall, compliance with applicable laws, standards, and guidelines, (including the CBSC and Municipal Code requirements) would ensure that design and construction of the Project and cumulative projects would reduce potential impacts associated with site-specific geology and soils conditions.

The Project Area has the potential to contain paleontological resources. As discussed above, implementation of Mitigation Measures GEO-1 and GEO-2 would reduce potential impacts to paleontological resources associated with future Project Area construction activities to a less than significant level. There is the potential for cumulative project sites within the City to have soils that contain paleontological resources. Construction activities associated with the cumulative projects have the potential to directly or indirectly destroy paleontological resources specific to those development sites. However, as with the Project, cumulative development would undergo environmental and design review on a project-by-project basis pursuant to CEQA to evaluate potential impacts to paleontological resources. All development would be subject to compliance with the established federal, State, and local regulatory framework concerning protection of paleontological resources on a project-by-project basis. Where significant or 938
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potentially significant impacts are identified, implementation of all feasible site-specific mitigation would be required to avoid or reduce impacts. Based on the above, the Project’s impacts would not be cumulatively considerable and cumulative impacts to paleontological resources would be less than significant.

2.5.8 Greenhouse Gas Emissions
Finding: Significant Unavoidable Impact (Draft EIR, Section 5.7.6, page 5.7-33) Facts in Support of Finding: The topic of GHG emissions is inherently a cumulative impact.

Though significance thresholds can be developed by air districts, as well as State and federal regulatory agencies, these thresholds and their related goals are ultimately designed to effect change at a global level. In 2018, California greenhouse gas emissions totaled 425 million metric tons CO2e. The Future development associated with implementation of the proposed Project would generate approximately 54,629 metric tons CO2e per year, or about 0.012854 percent of the total amount of GHG emissions in California in 2018. The proposed Project may contribute to global climate change through an incremental contribution of greenhouse gases. Even with implementation of Air Quality Mitigation Measures AQ-1 through AQ-28 and GHG-1 through GHG-3, implementation of the proposed Project exceeds the SCAQMD recommended numeric threshold of 10,000 MTCO2e/year. Project GHG impacts are mitigated to the greatest extent feasible, but the Project would still contribute to global climate change through a cumulatively considerable contribution of greenhouse gases. As such, the proposed Project would result in a cumulatively considerable and significant adverse GHG emissions impact.

Mitigation Measures: Refer to Mitigation Measure GHG-1, Mitigation Measure GHG-2, and Mitigation Measure GHG-3. No additional mitigation measures are feasible.

2.5.9 Hazardous And Hazardous Materials
Finding: Less Than Significant Impact (Draft EIR, Section 5.8.6, page 5.8-17) Facts in Support of Finding: Construction of individual development projects associated with implementation of the Downtown Core Project may involve the transportation, use, and/or disposal of hazardous materials, or the transportation of excavated soil and/or groundwater containing contaminants associated with development and redevelopment activities.

Furthermore, some future land uses could transport or use hazardous materials within onequarter mile of a school, or other sensitive receptors such as residences. As with site-specific development projects resulting from implementation of the Project, cumulative development would be required to evaluate individual hazards and hazardous materials impacts at the projectlevel. While some cumulative impacts would potentially occur in the Project Area as individual projects are constructed, federal, State, and local regulations, including the General Plan policies, 939
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actions, and Mitigation Measures HAZ-1 and HAZ-2, would reduce the risk to people associated with hazards and hazardous materials in the region. Considering the protection granted by local, State, and federal agencies and their requirements for the use of hazardous materials and other potential hazards in the region, as described above, the overall cumulative impact for hazards impacts would not be significant. Future closure of a quarter-mile of Sierra Avenue and development within the Project Area would not impair or interfere with an emergency response plan or emergency evacuation plan. The proposed closure and ultimate design of Sierra Avenue would be reviewed by the FFPD to ensure that adequate emergency access would be maintained within the area. All development projects within the City are reviewed for California Fire Code compliance, including adequate emergency access. As a result, the Project’s incremental contribution to cumulative hazards and hazardous materials impacts would be less than cumulatively considerable.

2.5.10 Hydrology And Water Quality
Finding: Less Than Significant Impact (Draft EIR, Section 5.9.6, page 5.9-16) Facts in Support of Finding: Cumulative hydrology and water quality impacts associated with implementation of the Downtown Core Project are analyzed based on development within the Project Area and Santa Ana River Watershed, and development served by facilities under the jurisdiction of SBCFCD. Higher flows resulting from future development in the watershed and within the area served by SBCFCD infrastructure could result in drainage and runoff impacts.

Runoff from cumulative development and future development within the Project Area could combine into the same regional conveyance systems. However, development within the Project Area as well as cumulative development projects would be required to provide on-site storm drain infrastructure and any off-site infrastructure improvements to ensure stormwater runoff associated with the proposed development would be adequately conveyed by SBCFCD facilities.

Additionally, development of each individual project would be required to comply with the stormwater quality requirements for construction and operation in compliance with federal, State and local regulations. The proposed Project’s incremental contribution to runoff and water impacts would be less than significant. As stated, the proposed Project would not appreciably add to the volume of imperious surfaces in the Project Area interfering substantially with groundwater recharge, nor would the Project’s demand on water supplies result in a substantial decrease in groundwater supplies. Therefore, the proposed Project’s incremental contribution to groundwater supplies and recharge impacts would be less than significant. Further, the Project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. Overall, the Project’s incremental contribution to cumulative hydrology impacts would be less than cumulatively considerable.

2.5.11 Land Use And Planning
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Finding: Less Than Significant Impact (Draft EIR, Section 5.10.6, page 5.10-23) Facts in Support of Finding: Development of cumulative projects in the Project Area would be required to mitigate land use impacts on a project-by-project basis. Similar to future development associated with the proposed Project, cumulative development projects would be evaluated for consistency with the project site’s General Plan land use designation and zoning; General Plan goals, policies, and actions; and other applicable plans for the purpose of avoiding or mitigating an environmental effect. As analyzed above, the proposed Downtown Core Project would result in less than significant impacts related to land use and relevant planning. The proposed Project, when considered in combination with development within the City, would not result in cumulatively considerable land use impacts. The land uses that would be allowed under the proposed Project provide opportunities for cohesive new growth at infill locations within existing urbanized areas in the Project Area, but would not create physical division within existing communities. New development and redevelopment projects would be designed to complement the character of existing neighborhoods and provide connectivity between existing development and new development within the cumulative analysis area. The proposed Project does not include any new roadways, infrastructure, or other features that would divide existing communities. The proposed Project’s incremental contribution to cumulative land use and planning impacts would be less than cumulatively considerable.

2.5.12 Mineral Resources
Finding: Less Than Significant Impact
Facts in Support of Finding: There are no active mines located within the Project Area (Division of Mine Reclamation, 2022). The Fontana General Plan does not designate mineral resources zones within the City or Project Area. The Project Area is currently developed with residential and non-residential uses and does not contain mineral resource recovery operations.

Therefore, the Project would not result in the loss of availability of a known mineral resource considered of value to the region. The Project’s incremental contribution to cumulative mineral resources impacts would be less than cumulatively considerable.

2.5.13 Noise
Finding: Significant Unavoidable Impact (Draft EIR, Section 5.11.6, pages 5.11-27 to 5.11-

29.)
Facts in Support of Finding: As shown in Table 5.11-15 of the Draft EIR, cumulative conditions under Project implementation would contribute to an exceedance of the City’s transportation noise standards and would result in significant increases in traffic noise levels at existing sensitive receptors. Similarly, growth and development anticipated without the proposed Project would result in increased traffic on roadways within the Project Area, which 941
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would cause an increase in traffic noise when compared to existing conditions. The associated increase in traffic noise would impact existing uses that occur within the Project Area under both With Project and Without Project conditions. Project traffic noise on existing noise-sensitive uses along identified roadway segments within the Project Area would result in a significant unavoidable cumulative impact.

Implementation of land use planning and policies and actions can minimize cumulative noise impacts related to stationary sources by avoiding the placement of noise generating equipment near noise-sensitive land uses and where unavoidable, include design measures to the degree practicable, such as building location and orientation, building design features, placement of noise-generating equipment away from sensitive receptors, shielding of noise-generating equipment, placement of noise-tolerant features between noise sources and sensitive receptors, and use of noise-minimizing materials, to avoid violating the noise criteria. Compliance with Mitigation Measure NOI-1 would reduce cumulative noise impacts from stationary noise sources to a less than significant level.

Short-term construction noise and vibration is a localized activity and would affect only land uses that are immediately adjacent to a specific project site. Each construction project would have to comply with the local noise ordinance and Mitigation Measures NOI-1 and NOI-2, which provides for a noise study to address potential impacts due to construction activities and procedures for construction activities to reduce impacts related to equipment moving and operation. Thus, a less than significant cumulative impact would occur.

Mitigation Measures: Refer to Mitigation Measures NOI-1 and NOI-2.

2.5.14 Population And Housing
Finding: Less Than Significant Impact (Draft EIR, Section 5.12.6, page 5.12-11) Facts in Support of Finding: The proposed General Plan, General Plan Land Use Map, Zoning District Map, and Zoning and Development Code amendments would apply the new General Plan WMXU-3 land use category and new Zoning and Development Code FBC districts to the Project Area, which would provide opportunities for new housing and associated population growth. Additionally, the Project would allow for increased non-residential development, resulting in employment growth within the area. The proposed Project combined with cumulative development would combine to directly increase the City and region’s population and housing. The Project is anticipated to yield an additional 8,900 dwelling units, 33,731 residents, and 6,852 employees over existing conditions. The population and employment growth anticipated as a result of Project implementation is within the City’s growth projections of the Fontana Forward General Plan and SCAG’s RHNA allocation. Thus, the Project would be within 942
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the population projections anticipated and planned for by the City’s General Plan and would not induce substantial unplanned population growth in the area. The proposed Project would support the General Plan goals and policies to guide growth and development to the Downtown.

Further, the Project would provide the residential densities needed to provide opportunities for new housing projects at varying income levels to serve the needs of the community, consistent with the City’s Housing Element. Future development within the Project Area would further support the General Plan policies and actions intended to encourage mixed-use development within the Downtown and along major corridors; encourage new medium-density housing on vacant and underutilized parcels within the neighborhoods of the Downtown Area; locate multifamily development in mixed-use centers, preferably where there is nearby access to retail, services, and public transportation; transform downtown into a vibrant local and regional destination; and facilitate the development of quality housing that is affordable to all income levels and residents of Fontana through flexible development standards. Thus, the Project would not induce substantial unplanned population growth. Lastly, the Project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere. Therefore, the proposed Project’s incremental contribution to cumulative population and housing impacts would be less than cumulatively considerable.

2.5.15 Public Services and Recreation
Finding: Less Than Significant Impact (Draft EIR, Section 5.13.6, page 5.13-15) Facts in Support of Finding: Development associated with implementation of the Downtown Core Project would result in additional residential and non-residential uses in the Project Area and associated increase in the demand for public services, as well as parks and recreation facilities. As the demand for public services and recreation increases, new or expanded service structures (e.g., offices, maintenance and administrative buildings, schools, parks, fire facilities, libraries, etc.) may be needed to provide for adequate staffing, equipment, and appropriate facilities to serve growth within the Project Area. As with specific projects resulting from implementation of the Project, cumulative development would be subject to all applicable State and local policies and regulations in place for public services and recreational facilities.

Payment of applicable impact fees, and ongoing revenues that would come from property taxes, sales taxes, and other revenues generated by the future projects, would ensure that the City maintains acceptable service ratios and facilities within the Project Area and the City. Therefore, the proposed Project’s incremental contribution to cumulative public services and recreational facilities impacts would be less than significant.

2.5.17 Transportation
Finding: Less Than Significant Impact (Draft EIR, Section 5.14.6, pages 5.14-18 to 5.14-20) Facts in Support of Finding:
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Circulation System: As discussed, the Project proposes to modify specific roadways within the Project Area. The proposed modifications are within the interior of the Project Area and would not combine with other potential roadway modifications that may be proposed by development outside of the Project Area. Any proposed roadway modifications within the City would be analyzed and designed to ensure operation of the City’s circulation system is consistent with the General Plan Community Mobility and Circulation Element. The Project would enhance the pedestrian experience by providing a more walkable and denser environment and would continue to allow for implementation of the City’s ATP specific to bicycle and pedestrian facilities.

The Project is consistent with the goals and policies of Fontana’s ATP by focusing on land use development near high-quality transit service and implementing Complete Streets improvements which would enhance the safety and attractiveness of bicycle and pedestrian travel. Cumulative development within the City would be reviewed for consistency with the City’s ATP to ensure implementation of the ATP would not be impeded by development and that proposed pedestrian and bicycle facilities comply with the ATP. The Downtown Core Project would provide for increased activity adjacent to existing bus and rail transit services and be consistent with regional plans to provide service improvements and increase ridership on those services. Cumulative development within the City would also be reviewed to ensure it would not conflict with existing transit services. Overall, the proposed Project would not conflict with policies, plans, or programs regarding roadways, bicycle, pedestrian, or transit facilities or the performance or safety of those facilities. The Project would support the implementation of policies and programs to provide new and improved facilities to support multi-modal transportation and access within the Project Area. Cumulative development within the City would also be reviewed to ensure that proposed development would not conflict with the City’s policies, plans, and programs related to the circulation system. The proposed Downtown Core Project’s incremental contribution to cumulative circulation impacts would be less than cumulatively considerable.

VMT: A significant cumulative VMT impact would occur if there were a net increase in total regional VMT under horizon year 2040 conditions. The total VMT within the City’s boundaries was calculated under the Cumulative (2040) condition without and with implementation of the Project; refer to Table 5.14-3, VMT Within Fontana City Boundary. The Cumulative VMT within the City under No Project conditions is 5,456,350. The Cumulative VMT with the proposed Project would be 5,484,250. Therefore, the Project (under maximum development potential) would result in a citywide VMT increase of 27,900. This corresponds to a

0.51 percent increase in the total VMT compared to the No Project scenario. To offset the 27,900 VMT increase with the Project, it would be necessary to reduce the cumulative VMT generated by the Project. Under horizon year 2040, the Project would generate 989,134 total VMT (including travel both within and outside the Fontana city boundary). As such, the VMT within the Project Area would need to be reduced by 2.8 percent to address the 27,900 increase in VMT with the Project. It should be noted that the SBTAM travel demand model used to estimate the 944
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Project’s VMT impacts does not fully account for effects of the pedestrian, bicycle, and transit environment enhancements proposed as part of the Project, which would promote pedestrian and bicycle travel and the use of transit. The majority of the Project Area is within a Transit Priority Area and the Project would provide for a mix of existing and new buildings, with the development of new residential units near transit and along major corridors. To assess the reduction in VMT with features of the Project, potential VMT reductions have been identified from the California Air Pollution Control Officers Association (CAPCOA) Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity, published in December 2021 (CAPCOA’s Handbook). The Project would primarily consist of transit-oriented development (TOD), consistent with the definition in CAPCOA’s Handbook. CAPCOA’s Handbook defines TOD projects as “built in compact, walkable areas that have easy access to public transit, ideally in a location with a mix of uses, including housing, retail offices, and community facilities. Project site residents, employees, and visitors would have easy access to high-quality public transit, thereby encouraging transit ridership and reducing the number of single-occupancy vehicle trips. For example, CAPCOA Measure T-3, Provide TransitOriented Development has been shown to reduce car use and encourage use of transit, which can reduce VMT from between 6.9 to 31 percent. Assuming the lower range reduction, the Project would have a daily VMT reduction of 67,836 (6.9% of 983,134). A reduction of this magnitude due to the Project features would result in less VMT compared to 2040 No Project conditions. The proposed improvements to the transportation network and the new land uses associated with the Project would be consistent with Measure T-3, and therefore could expect to have a reduction of in excess of 27,900 VMT. Applying this reduction to the Cumulative Projectlevel VMT analysis indicates that the Project would not result in an increase in the regional VMT.

Therefore, the Project’s incremental contribution to cumulative VMT would not be cumulatively consideration and impacts would be less than significant.

Hazards and Emergency Access. Site-specific development associated with Project implementation and cumulative development projects would be evaluated through the City’s review process to ensure compatibility of uses, including consistency with General Plan goals, policies, and actions and compliance with the City’s Municipal Code. Individual development, including any proposed roadways or roadway modifications, would be required to adhere to the City’s design and construction standards and specifications related to public improvements to ensure hazard conditions would not occur. The proposed Project would not result in a cumulative contribution to an increase in hazards and impacts would be less than significant.

Implementation of the proposed Project would not result in inadequate emergency access.

Emergency access associated with future site-specific development would be analyzed and evaluated in detail through the City review process for those individual projects. Similarly, cumulative development projects would be reviewed to ensure adequate emergency access is provided in compliance with applicable City codes and regulations. The Project’s proposed roadway modifications, resulting in the ultimate closure of a quarter-mile portion of Sierra 945
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Avenue to vehicular traffic would not result in inadequate emergency access. Closure of a portion of Sierra Avenue would also involve the conversion of Wheeler Avenue to a one-way northbound street, and Nuevo Avenue to a one-way southbound street, providing continued emergency access within the area. Further, the proposed closure and ultimate design of Sierra Avenue would be reviewed by the FFPD to ensure that adequate emergency access would be maintained within the area. As stated, the proposed modifications are within the interior of the Project Area and would not combine with other potential roadway modifications that may be proposed by development outside of the Project Area. Any proposed roadway modifications within the City would be analyzed and designed to ensure operation of the City’s circulation system is consistent with the General Plan Community Mobility and Circulation Element. Therefore, the proposed Project would not result in a cumulative contribution to inadequate emergency access and impacts would be less than significant.

2.5.18 Tribal Cultural Resources
Finding: Less Than Significant Impact (Draft EIR, Section 5.15.6, page 5.15-11) Facts in Support of Finding: Tribal cultural resource impacts are site specific and generally do not combine to result in cumulative impacts. Construction of the individual development projects associated with implementation of the Downtown Core Project may result in the discovery and removal of tribal cultural resources. The Fontana General Plan policies and actions, as well as federal, State, and local regulations, including required mitigation measures, would reduce the risk to tribal cultural resources in the region. As discussed above, site-specific development with the potential to impact tribal cultural resources would require a resource assessment and coordination with the tribes to determine the potential for tribal cultural resources and identification of mitigation measures to reduce potential impacts associated with the proposed development. Adherence to existing federal, State and local regulations would avoid and/or minimize a cumulative loss of tribal cultural resources. Therefore, the Project’s incremental contribution to cumulative tribal cultural resource impacts would be less than cumulatively considerable.

2.5.19 Utilities And Service Systems
Finding: Less Than Significant Impact (Draft EIR, Section 5.16.6, pages 5.16-18 to 5.16-20) Facts in Support of Finding: Development associated with implementation of the Downtown Core Project along with other cumulative projects would increase demand for water, wastewater, stormwater, solid waste, electrical, natural gas, and telecommunications services within the Project Area.

Water: Cumulative water impacts are analyzed in terms of impacts to FWC’s supplies and facilities. Development associated with implementation of the Downtown Core Project along with other cumulative projects would increase demand for water services within the FWC service 946
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area. It is required that every urban water supplier assess the reliability to provide water service to its customers under normal, dry, and multiple dry water years. As indicated above, FWC can meet projected water demands for the City and Project Area under normal, dry, and multiple dry water years through 2045. Further, this increased demand for water infrastructure would be located within areas that are already developed and serviced by the FWC. Additionally, the FWC confirmed that the Project is entirely within the FWC service area; that distribution system piping and storage capacity for domestic water purposes exists for current demands in the Project Area; and that FWC is able to provide all water utility service to meet the water supply needs of the Project (FWC, 2022). Future development projects associated with implementation of the Downtown Core Project Update would be evaluated by the City on a project-by-project basis to determine potential impacts to water supplies and infrastructure. The continued assessment of individual projects for impacts to the water supply system would assure projects would only be approved if adequate water supplies exist at the time of their implementation. All future development would be subject to all applicable federal, State, and local laws, ordinances, and regulations in place for water supply and infrastructure. Further, new development would be required to pay all applicable connection fees and ongoing user fees related to the provision of water services. Therefore, implementation of the Downtown Core Project would not result in cumulatively considerable water supply and infrastructure impacts.

Wastewater: Development associated with implementation of the Downtown Core Project along with other cumulative projects would increase demand for wastewater services within the sewer service area. As discussed above, wastewater from the Project Area is diverted to the San Bernardino Avenue Lift Station and then to the IEUA Regional Water Reclamation Plant No. 4 (RP-4) (CDM Smith, 2013). RP-4 has a treatment capacity of up to 14 MGD and currently treats the liquid portion of an average influent wastewater flow of approximately 10 MGD.

Therefore, sufficient capacity exists to meet additional wastewater flows associated with Project implementation. The Project does not include specific development proposals; individual development projects would be required to verify that existing capacity exists to convey and treat the potential wastewater generated with the new development. At the time future wastewater facilities are proposed, they would require a separate environmental review and compliance with regulations in existence at that time would address potential environmental impacts related to the construction and operation of new wastewater facilities. All future development would be subject to all applicable federal, State, and local laws, ordinances, and regulations in place for wastewater services. Further, new development would be required to pay all applicable sewer connection fees and ongoing user fees related to the provision of wastewater services. Therefore, cumulative impacts to wastewater services and facilities would be less than significant.

Stormwater: As discussed above, the Project Area is generally developed with impervious surfaces and served by existing stormwater drainage and conveyance facilities. Development associated with implementation of the Downtown Core Project along with other cumulative projects has the potential to result in increased areas of impervious surfaces, resulting in 947
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increased demand for stormwater services within the Project Area. The Downtown Core Project does not include specific development proposals; therefore, the environmental effects of future storm water drainage facilities are unknown at this time. At the time future stormwater facilities are proposed, they would require a separate environmental review and compliance with regulations in existence at that time would address potential environmental impacts related to the construction and operation of new stormwater facilities. Further, future development would be subject to all applicable federal, State, and local laws, ordinances, and regulations in place for stormwater drainage and conveyance facilities. Therefore, cumulative impacts to stormwater services and facilities would be less than significant.

Solid Waste: Development associated with implementation of the Downtown Core Project along with other cumulative projects would increase demand for solid waste collection and disposal services. The City of Fontana, along with cities and County lands in the surrounding area, would continue to use common landfill resources, thereby gradually reducing the capacity of local landfills. As noted above, the Project does not include specific development proposals; however, the increase in solid waste generation due to future individual and cumulative development projects together could significantly impact solid waste resources. Individual development projects and related cumulative projects would be required to meet current recycling goals, reducing the amount of solid waste requiring disposal at landfills. Future developments would be reviewed on a project-by-project basis and solid waste impacts would be evaluated based on existing and planned disposal facilities and capacities available at that time. In addition, all future development would be required to comply with the mandatory commercial and multifamily recycling requirements of AB 341, thus reducing the amount of landfill waste. Therefore, the contribution of the Downtown Core Project to cumulative impacts associated with increased solid waste would be less than significant.

Electric Power, Natural Gas, and Telecommunications: Development associated with implementation of the Downtown Core Project along with other cumulative projects would increase demand for electrical, natural gas, and telecommunications services within the Project Area. As noted above, the Project does not include specific development proposals; individual development projects would be required to verify that electric power, natural gas, and telecommunications usage generated with the new development would not create significant environmental impacts. Therefore, the contribution of the Project to cumulative impacts associated with increased electric power, natural gas, and telecommunications would be less than significant.

2.5.20 Wildfire
Finding: Less Than Significant Impact
Facts in Support of Finding: According to the CALFIRE Fire Hazard Severity Zone Maps, the Project Area is not located within a state responsibility area or classified as a Very High Fire 948
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Hazard Severity Zone (CALFIRE, 2022). The City’s General Plan and Local Hazard Mitigation Plan do not identify the Project Area as being within an area with high fire hazard potential, and the Project Area is not located within the City’s Fire Hazard Overlay District. Therefore, the Project’s contribution to cumulative impacts associated with wildfire would not be cumulatively considerable.

2.6 Significant Irreversible Environmental Changes Which Would Be Caused by the Proposed Project Should It Be Implemented
According to CEQA Guidelines Sections 15126(c) and 15126.2(d), an EIR is required to address any significant irreversible environmental changes that could occur should the proposed Project be implemented. As stated in CEQA Guidelines Section 15126.2(d):
“Uses of nonrenewable resources during the initial and continued phases of the project may be irreversible since a large commitment of such resources makes removal or nonuse thereafter likely. Primary impacts and, particularly, secondary impacts (such as highway improvement which provides access to a previously inaccessible area) generally commit future generations to similar uses. Also, irreversible damage can result from environmental accidents associated with the project. Irretrievable commitments of resources should be evaluated to assure that such current consumption is justified.”
Determining whether the proposed Project would result in significant irreversible effects requires a determination of whether key resources would be degraded or destroyed such that there would be little possibility of restoring them. Irretrievable commitments of resources should be evaluated to assure that such current consumption is justified.

Consumption of Non-Renewable Resources: The environmental impacts associated with implementation of the Downtown Core Project are analyzed in Section 5.0 of the Draft EIR. Future development would consume limited, slowly renewable and non-renewable resources. This consumption would occur during each individual project’s construction phase and would continue throughout its operational lifetime.

Construction associated with future development would require a commitment of resources that would include: (1) building materials; (2) fuel and operational materials/resources; and (3) the transportation of goods and persons to and from individual development sites. Construction would also require the consumption of resources that are not renewable or which may renew so slowly as to be considered non-renewable. These resources would include the following construction supplies: lumber and other forest products; aggregate materials used in concrete and asphalt; metals; and water. Fossil fuels such as gasoline and oil would also be consumed to power construction vehicles and equipment.
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The operational activities of new development associated with implementation of the Downtown Core Project would consume resources which would be similar to those currently consumed within the City (i.e., energy resources such as electricity and natural gas, petroleum-based fuels required for vehicle-trips, fossil fuels, and water). Fossil fuels would represent the primary energy source associated with both construction and ongoing operation, and the existing, finite supplies of these natural resources would be incrementally reduced. Future development operations would occur in accordance with California Code of Regulations (CCR) Title 24, Part 6, which sets forth conservation practices that would limit energy consumption. Nonetheless, the proposed Project’s energy requirements would represent a long-term commitment of essentially nonrenewable resources.

Construction activities associated with implementation of the Downtown Core Project could release hazardous materials into the environment through reasonably foreseeable upset and accident conditions. All potential demolition, grading, and excavation activities would be subject to the established regulatory framework to ensure that hazardous materials are not released into the environment. Compliance with the established regulatory framework and mitigation measures would protect against a significant and irreversible environmental change resulting from the accidental release of hazardous materials.

In addition, there is the potential that individual future development projects would use and store limited amounts of potentially hazardous materials typical. All future development activities requiring the routine use, storage, transport, or disposal of hazardous materials would be subject to all applicable federal, State, and local regulations and standards in place for hazardous materials. Compliance with these regulations and standards would protect against significant and irreversible environmental changes due to the accidental release of hazardous materials.