Agenda packet — Fontana City Council, May 14, 2024 (part 9 of 11)

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O. Public Services
Impact PS-1 Finding: The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios and response times or other performance objectives for: fire protection, police protection, schools, parks, or other public facilities? (Initial Study at p. 97). Impacts are less than significant.

Facts in Support of Findings:

Fire Protection
The City of Fontana Fire Department provides fire protection services to the SWIP area, in addition to the rest of the City. The Fire Department has 7 fire stations, the closest of which is 0.9 mile from the Project site. Implementation of the proposed Project would be required to adhere to the California Fire Code, as included in the City of Fontana Municipal Code Section 5-425. As part of project permitting, plans are reviewed by the City’s Building and Safety Division to ensure that the project plans meet the fire protection requirements.

As detailed in Section 14 of the Initial Study, Population and Housing, the proposed Project would result in 738 employees. The additional employees would result in an incremental increase in demand for fire protection and emergency medical services.

However, the existing fire station is 0.9 miles from the Project site and the increase in fire service demands from the proposed warehouse building would not require construction of a new or physically altered fire station that could cause environmental impacts.

Therefore, impacts related to fire protection services would be less than significant.

Police Protection
The City of Fontana Police Department provides police protection to the City. The nearest Police Department facility is the Contact Station at the Palm Court Shopping Center located 3.0 miles from the Project site at 16920 Slover Avenue. The Police Department headquarters is located at 17005 Upland Avenue, approximately 5.8 miles from the site.

The Project site is within an urban area that is currently being served by the Police Department. The proposed Project would result in an increase of increase of 738 employees. These additional employees and the additional goods that would be accommodated by the Project could create the need for additional police services.

Operation of warehousing uses generate a typical range of sheriff service calls, such as burglaries, thefts, and employee disturbances. However, to reduce the need for law enforcement services, security concerns are addressed by inclusion of low-intensity security lighting and security cameras. Pursuant to the City’s existing permitting process, site plans are reviewed to ensure that crime prevention and emergency access measures are incorporated appropriately to provide a safe environment. Although an incremental increase could occur from implementation of the Project, the increased need for law enforcement services would not result in the need for new or physically altered police facilities. Thus, impacts related to police services would be less than significant.

School Facilities
The proposed Project would result in an increase of increase of 738 employees at buildout. The addition of employees would not directly generate new students. Thus, 509

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potential impacts related to school facilities would be less than significant. In addition, existing regulations, which were included in the SWIP SP Final EIR as mitigation, requires fee payments to provide funding for school facilities necessary to address direct and cumulative service needs generated by new development.

Park Facilities
The proposed Project would result in an increase of increase of 738 employees. The addition of employees would not directly generate new residents that would use parks.

Thus, potential impacts related to parks would be less than significant.

Other Services:

The proposed Project would result in an increase of increase of 738 employees. The addition of employees would not directly generate new residents that would need other services, such as libraries. Thus, potential impacts related to other services would be less than significant.

Public Services Cumulative Findings: The Project would not result in cumulative impacts related to public services (Initial Study at p. 97 - 100).

Facts in Support of Findings: The Project would not significantly increase the need for public services in Fontana, cities surrounding Fontana, or the region. As discussed above, the Project applicant would pay the required developer fees. Additionally, as discussed above, the Project would not impact acceptable service ratios, staffing levels, adequate equipment, response times, and other performance objectives or if the result in the need for new or the expansion of existing government services and facilities. Related projects in the region would be required to demonstrate their level of impact on public services and also pay their proportionate development fees. Therefore, the past, present, and future projects would not result in a cumulative impact related to the provision of public services.

P. Recreation
Impact REC-1 Finding: The Project would not result in increased use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated (Initial Study at p. 101).

Impacts are less than significant.

Facts in Support of Findings: The addition of employees would not directly generate new residents that would use park and recreation facilities. Thus, potential impacts related to recreation would be less than significant.

Impact REC-2 Finding: The Project would not require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment (Initial Study at p. 101). Impacts are less than significant.

Facts in Support of Findings: The proposed Project does not include or require the construction or expansion of recreational facilities. No new recreation facilities are included in the proposed Project that, the construction of which could have an adverse 510

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physical effect on the environment. Therefore, impacts related to recreation would be less than significant.

Recreation Cumulative Findings: The Project would not result in cumulative impacts related to public services (Initial Study at p. 100 - 102).

Facts in Support of Findings: The addition of employees would not directly generate new residents that would use park and recreation facilities. Therefore, cumulative impacts related to recreation would be less than significant.

Q. Transportation
Impact TR-1 Finding: The Project would not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities (Draft Subsequent EIR at p. 5.4-8). Impacts are less than significant.

Facts in Support of Findings:

Roadway: Regional roadway access to the Project site is provided by I-10 to the north from either the Cherry Avenue or Citrus Avenue exits; from SR-60 to the south from the Country Village Road exit; and from I-15 to the west from the East Jurupa Street exit.

Each of these routes connects to Santa Ana Avenue and Jurupa Avenue, that both connect to Hemlock Avenue adjacent on the west of the site, and Beech Avenue adjacent to the east of the site.

The proposed Project includes installation of new sidewalks, curbs, and gutter improvements along the Hemlock Avenue and Beech Avenue frontages of the Project site. Truck access to the proposed Project would be provided by a dedicated truck driveway on Hemlock Avenue and a dedicated truck driveway on Beech Avenue within the northern portion of the site. Separate vehicular driveways within the southern portion of the site would also be provided from Hemlock Avenue and Beech Avenue. All of the Project driveways would be ensured to meet the City’s traffic engineering design standards through the City’s development review and permitting approval process; and therefore, would not conflict with the City’s circulation system requirements.

The proposed Project would connect to the existing roadways system to convey traffic to and from the nearby freeways. The proposed Project would not alter any existing roadways. However, the SWIP SP Final EIR includes various roadway improvement mitigation measures that are required for development of the SWIP Specific Plan area.

These measures implement roadway capacity improvements to provide for vehicular circulation in the SWIP SP area as intended by the SWIP. The measures that are applicable to the Project would be implemented through the City’s development review and permitting approval process. Because the proposed Project would connect to the existing circulation system and implement the SWIP SP Final EIR required measures, along with the City’s design standards, it would not result in a conflict with a circulation system plan, program, or ordinance; and impacts would be less than significant. 511

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Transit: The Project vicinity is served by OmniTrans Route 82, and the closest bus stop is located 0.25 mile south of the Project site. This existing transit service would continue to serve its ridership in the area and may also serve employees of the Project. The proposed Project would not alter or conflict with existing transit stops and schedules, and impacts related to transit services would not occur.

Bicycle Facilities: Class II bicycle lanes currently exist on Citrus Avenue and the General Plan includes Class II bicycle lanes along Poplar Avenue and Santa Ana Avenue. The Project would not result in any conflicts with the existing or planned bike lanes. Thus, impacts related to bicycle facilities would not occur.

Pedestrian Facilities: Sidewalks currently exist on Beech Avenue across the street from the Project site. Implementation of the Project would include roadway improvements that include new sidewalks along the Project frontages of both Hemlock Avenue and Beech Avenue. Because no sidewalks currently exist along the Project site frontages, the Project would improve pedestrian facilities and the sidewalk network. The proposed Project would not conflict with pedestrian facilities, but instead would provide additional facilities. Thus, impacts related to pedestrian facilities would not occur.

Impact TR-2 Finding: The Project would not conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (B) regarding vehicle miles traveled (Draft Subsequent EIR at p. 5.4-9). Impacts are less than significant.

Facts in Support of Findings: State CEQA Guidelines Section 15064.3(b) focus on determining the significance of VMT-related transportation impacts. The City of Fontana’s Transportation Impact Analysis Guidelines contain the following screening thresholds to assess whether a project has the potential to result in an impact and further VMT analysis is required. If the Project meets any of the following screening thresholds, then the VMT impact of the Project is considered less than significant and further VMT analysis is not required. Table 5.4-2 provides a comparison of the proposed Project’s trip generation and the trip generation identified for the site from the SWIP SP EIR traffic analysis. The comparison shows that the proposed Project would generate 1,368 fewer ADT, with 216 fewer AM peak hour trips and 217 fewer PM peak hour trips. Therefore, because the Project would not generate an increase of more than 500 ADT, it would satisfy the requirements for Screening Criteria 4 – Net Daily Trips less than 500 ADT. Therefore, the Project would result in a less than significant related to VMT, and further VMT analysis and/or mitigation is not required.

Impact TR-3 Finding: The Project would not substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment) (Initial Study at p. 104). Impacts are less than significant.

Facts in Support of Findings: The proposed Project does not include circulation features involving sharp curves, dangerous intersections, or other potentially hazardous 512

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geometric design features. The proposed Project includes only a warehouse facility.

There are no proposed uses that would be incompatible. The development would also not increase any hazards related to a design feature. Operation of the proposed warehouse would involve trucks entering and exiting the site from Hemlock Avenue and Beech Avenue for access to the loading bays and trailer parking via two 50-foot-wide driveways that are designed to accommodate trucks. Passenger vehicles would enter and exit the site using two separate driveways from Hemlock Avenue and Beech Avenue. The onsite circulation design provides fire truck accessibility and turning ability throughout the site. Thus, no impacts related to vehicular circulation design features would occur from the proposed Project.

Impact TR-4 Finding: The Project would not result in inadequate emergency access (Initial Study at p. 104). Impacts are less than significant.

Facts in Support of Findings: The proposed Project would not result in inadequate emergency access. Direct access to the proposed warehouse development would be provided by two driveway locations along Hemlock Avenue, and two driveway locations along Beech Avenue which are directly adjacent to the east and west sides of the site.

Construction activities would occur within the Project site and would not restrict access of emergency vehicles to the site or adjacent areas. In addition, travel along Hemlock Avenue and Beech Avenue would remain open and would not interfere with emergency access in the site vicinity. The proposed Project is required to design and construct internal access, and size and location of fire suppression facilities (e.g., hydrants and sprinklers) to conform to San Bernardino County Fire Department standards. The San Bernardino County Fire Department would review the development plans prior to approval to ensure adequate emergency access pursuant to the requirements in Section 503 of the California Fire Code (Title 24, California Code of Regulations, Part 9). As such, the proposed Project would not result in inadequate access, and impacts would be less than significant.

R. Tribal Cultural Resources
Impact TCR-1 Finding: The Project would not cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k) (Initial Study at p. 115). No impacts would occur.

Facts in Support of Findings: Tribal cultural resources are sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either eligible or listed in the California Register of Historical Resources or local register of historical resources (Public Resources Code § 21074). 513

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In order to determine whether any tribal cultural resources could be impacted by the proposed Project, California Native American tribes that are traditionally and culturally affiliated to the SWIP area were contacted (Public Resources Code § 21080.3.1), and consultation undertaken with those Native American tribes that express an interest in engaging in consultation pursuant to Assembly Bill 52.

S. Utilities and Service Systems
Impact UT-1 Finding: The Project would not require or result in the relocation or construction of new water or wastewater facilities, or expansion of existing facilities, the construction of which could cause significant environmental effects (Initial Study at p. 118). Impacts are less than significant.

Facts in Support of Findings: The proposed Project would install new water and sewer infrastructure on the site and connect to the existing 10-inch water line and 8-inch sewer line within Hemlock Avenue and the existing 12-inch water and sewer lines within Beech Avenue. New or expanded off-site water and wastewater infrastructure would not be required be constructed to serve the proposed Project. Thus, impacts would be less than significant.

Impact UT-2 Finding: Sufficient water supplies are available to serve the Project and reasonably foreseeable development during normal, dry, and multiple dry years (Initial Study at p. 118). Impacts are less than significant.

Facts in Support of Findings: The Fontana Water Company that supplies water to the SWIP area has prepared a 2020 Urban Water Management Plan (UWMP) that projects water demand based upon General Plan and SWIP land uses. The total demand was compared to available water supplies for normal, single-dry, and multiple-dry years, and the 2020 UWMP determined that adequate water supplies are available to meet the projected demand in all scenarios.

Because the site’s proposed use is consistent with the existing land use designation, and the proposed 881,826SF building (0.543 FAR) is below the allowable FAR of 0.80 that would provide for a 1,394,268.4 SF of building space, the Project’s water demand projection is included in the UWMP, which determined that the Fontana Water Company would have sufficient water supplies to serve the service area during normal, dry and multiple dry years through 2045. Also, a Water Supply Assessment is required for the Project to confirm that the water supplies needed for the Project are within those available pursuant to the UWMP. Therefore, no new impacts related to water demand would result from the proposed Project. Impacts would be less than significant.

Impact UT-3 Finding: The Project would not result in a determination by the wastewater treatment provider that would serve the Project that it has inadequate capacity to serve the projects projected demand in addition to the providers existing commitments (Initial Study at p. 119). Impacts are less than significant.

Facts in Support of Findings: The proposed 882,008 SF building (with a FAR of 0.543) is below the allowable FAR of 0.80 that would provide for a 1,394,268.4 SF of building space, the Project’s wastewater demand is included in the wastewater facility planning 514

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and projections. The City’s Sewer Master Plan (2000) identifies a sewage flow generation factor of 10.76 gallons per acre per day. Based on this, the proposed Project would result in 430.5 gallons per day.

The permitted capacity of the IEUA Regional Plant 1 in Ontario is 44 million gallons per day (mgd) with average sewage flows of 28 mgd. The increase of 430.5 gallons per day would be well within the available capacity of the Fontana WWTP. Thus, impacts would be less than significant.

Impact UT-4 Finding: The Project would not 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 (Initial Study at p. 119). Impacts would be less than significant.

Facts in Support of Findings: In 2019, a majority (70 percent) of the solid waste from the City of Fontana that was disposed of in landfills, went to the Mid-Valley Sanitary Landfill. The Mid-Valley Sanitary Landfill is permitted to accept 7,500 tons per day of solid waste and is permitted to operate through March 2045. In September 2022, the facility received a peak tonnage of 4,253.49 tons and in October 2022, the facility received a peak tonnage of 4,380.60 tons. Thus, the facility had additional capacity of 3,119.4 tons per day. Therefore, the landfill would be able to accommodate the addition of solid waste from buildout of the proposed Project. Thus, impacts related to solid waste generation and landfill capacity would be less than significant.

Impact UT-5 Finding: The Project would not 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 (Initial Study at p. 119). Impacts are less than significant.

Facts in Support of Findings: The proposed Project would result in new development that would generate an increased amount of solid waste as described in the previous response. All solid waste-generating activities within the City is subject to the requirements set forth in Section 5.408.1 of the California Green Building Standards Code that requires demolition and construction activities to recycle or reuse a minimum of 65 percent of the nonhazardous construction and demolition waste, and AB 341 that requires diversion of a minimum of 75 percent of operational solid waste. Implementation of the proposed Project would be consistent with all state regulations, as ensured through the City’s development project permitting process. Therefore, the proposed Project would comply with all solid waste statute and regulations; and impacts would not occur.

Utilities and Service Systems Cumulative Findings: The Project would not result in cumulative impacts related to utilities and service systems (Initial Study at p. 118 - 121).

Facts in Support of Findings: As detailed, the proposed Project would connect to existing infrastructure and is within previous projections for utilizes and service systems demands. Thus, impacts would be less than significant and cumulative impacts would be less than cumulatively considerable.
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T. Wildfires
Impact WF-1 Finding: The Project is not located in or near state responsibility areas or lands classified as very high fire hazard severity zones and would not substantially impair an adopted emergency response plan or emergency evacuation plan (Initial Study at p. 122). No impacts would occur.

Facts in Support of Findings: According to the CalFire Fire Hazard Severity Zone map, the Project site is not within an area identified as a Fire Hazard Area. In addition, the proposed Project would not substantially impair an adopted emergency response plan or emergency evacuation plan. The Project site is adjacent to roadways, and the site is not adjacent to or in the vicinity of wildlands. Therefore, the proposed Project would not impair an adopted emergency response plan or emergency evacuation plan within or near a very high fire hazard severity zone.

Impact WF-2 Finding: The Project is not located in or near state responsibility areas or lands classified as very high fire hazard severity zones, and would not involve slope, prevailing winds, and other factors, that could exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire (Initial Study at p. 123). No impacts would occur.

Facts in Support of Findings: The Project site is not within a High Fire Hazard Severity Zone. The Specific Plan area is flat and does not generally have prevailing winds or other factors that could exacerbate fire risks. The proposed Project would not result in exposure of persons to pollutant concentrations from a wildfire.

Impact WF-3 Finding: The Project is not located in or near state responsibility areas or lands classified as very high fire hazard severity zones and would not 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 (Initial Study at p. 123). No impacts would occur.

Facts in Support of Findings: The Project site is not within a High Fire Hazard Severity Zone, and the proposed Project does not include infrastructure that could exacerbate fire risks. The proposed Project would connect to the existing utility infrastructure that is adjacent to the site. Thus, no impacts would result.

Impact WF-4 Finding: The Project is not located in or near state responsibility areas or lands classified as very high fire hazard severity zones and would not 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 (Initial Study at p. 123). No impacts would occur.

Facts in Support of Findings: The Project site is not within a High Fire Hazard Severity Zone and is generally flat area and does not contain or is adjacent to large slopes, and the proposed Project would not generate large slopes. Furthermore, the proposed Project includes installation of drainage facilities. Thus, the Project would not result in risks 516

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related to wildfires or risks related to downslope or downstream flooding or landslides after wildfires.

Wildfires Cumulative Findings: The Project would not result in cumulative impacts related to wildfires (Initial Study at p. 122 - 123).

Facts in Support of Findings: The Project is not located in or near state responsibility areas or lands classified as very high fire hazard severity zones; and therefore, would not result in impacts related to wildfires and no potential of a cumulative impacts would occur. 517

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SECTION III

IMPACTS MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT
The City hereby finds that mitigation measures have been identified in the SWIP Specific Plan Final EIR and the Subsequent EIR that would avoid or substantially lessen the following potentially significant environmental impacts to a less than significant level. The potentially significant impacts and the mitigation measures that would reduce them to a less than significant level are summarized below.

A. Biological Resources
Impact BIO-4 Finding: The Project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites (Initial Study at p. 46). Impacts would be less than significant with mitigation incorporated.

Facts in Support of Findings: The Project site is not located within a designated wildlife corridor or linkage. The site is flat land surrounded by industrial uses to the north and south and roadways followed by industrial uses to the east and west. Further, the site is surrounded by walls and fences, and does not have the capability to function as a wildlife movement corridor. Thus, impacts related to wildlife corridors would not occur.

However, the site contains a limited number of trees that could be utilized by nesting birds during the nesting bird season and roosting bats. Thus, consistent with the direction of the SWIP SP Final EIR, Mitigation Measures 4.3-1b and 4.3-1c would be implemented to require nesting bird surveys occur prior to vegetation removal during nesting season.

Consistent with the findings of the SWIP SP Final EIR, with implementation of these mitigation measures, potential impacts related to native wildlife nursery sites would be less than significant.

Biological Resources Cumulative Findings: The Project would not result in cumulatively considerable impacts to biological resources. Impacts are less than significant with mitigation (Initial Study at p. 45 - 49).

Facts in Support of Findings: With implementation of the mitigation measures identified in the SWIP SP Final EIR, the proposed Project would not result in significant impacts related to special-status species, jurisdictional waters, wildlife movement, local ordinances or regulations protecting biological resources, habitat conservation plans, plant communities, and habitat fragmentation. Since the Project would implement existing requirements and mitigation measures and would result in less than significant impacts to biological resources, the Project could not combine with other projects within the City in a manner that would result in cumulative impacts. Cumulative projects would be required to comply with applicable survey requirements and mitigation for biological resources. Further, there are no projects that would, in combination with the Project, produce a significant impact to biological resources.

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SWIP SP FEIR Mitigation Measures
SWIP SP FEIR Mitigation Measure 4.3-1a: The City of Fontana Planning Division shall require that all future project applicants prepare a Biological Assessment prior to the issuance of grading permits. The Biological Assessment shall include a vegetation map of the proposed project area, analysis of the impacts associated with plant and animal species and habitats, and conduct habitat evaluations for burrowing owl, Delhi Sands flower-loving fly, San Diego pocket mouse, western mastiff bat, western yellow bat, and San Diego desert woodrat. If any of these species are determined to be present, then coordination with the U.S. Fish and Wildlife Service and/or California Department of Fish and Game shall be conducted to determine what, if any, permits or clearances are required prior to development.

Proposed Project Applicability: Mitigation Measure 4.3-1a is applicable to the proposed Project and is included in the Project MMRP.

SWIP SP FEIR Mitigation Measure 4.3-1b: Any future land disturbance for site-specific developments within the Project site shall be conducted outside of the State-identified bird nesting season (February 15 through September 1). If construction during the nesting season must occur, the site shall be evaluated by a City-approved biologist prior to ground disturbance to determine if nesting birds exist on site. If any nests are discovered, the biologist shall delineate an appropriate buffer zone around the nest, depending on the species and type of construction activity. Only construction activities approved by the biologist shall take place within the buffer zone until the nest is vacated.

Proposed Project Applicability: Mitigation Measure 4.3-1b is applicable to the proposed Project and is included in the Project MMRP.

SWIP SP FEIR Mitigation Measure 4.3-1c: Prior to any ground disturbance, trees scheduled for removal shall be evaluated by a City-approved biologist for roosting bats.

If a roost is present the biologist will develop a plan to minimize impacts to the bats to the greatest extent feasible.

Proposed Project Applicability: Mitigation Measure 4.3-1c is applicable to the proposed Project and is included in the Project MMRP.

SWIP SP FEIR Mitigation Measure 4.3-1d: The City shall encourage the preservation of natural habitat in conjunction with private or public development projects.

Proposed Project Applicability: Mitigation Measure 4.3-1d is not applicable to the proposed Project because no natural habitat exists on or adjacent to site.

SWIP SP FEIR Mitigation Measure 4.3-1e: Mitigation shall be provided for removal of any natural habitat, including restoration of degraded habitat of the same type, creation of new or extension of existing habitat of the same type, financial contribution to a habitat 519

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conservation fund administered by a Federal, State, or local government agency, or by a non-profit agency conservancy.

Proposed Project Applicability: Mitigation Measure 4.3-1e is not applicable to the proposed Project because no natural habitat exists on or adjacent to site.

SWIP SP FEIR Mitigation Measure 4.3-1f: Local CEQA procedures shall be applied to identify potential impacts to rare, threatened, and endangered species.

Proposed Project Applicability: Mitigation Measure 4.3-1f has been accomplished through preparation of this Initial Study, which determined that no natural habitat for rare, threatened, or endangered species exists on or adjacent to site.

SWIP SP FEIR Mitigation Measure 4.3-1g: Evidence of satisfactory compliance shall be provided by Project Applicant with any required State and/or Federal permits, prior to issuance of grading permits for individual projects.

Proposed Project Applicability: Mitigation Measure 4.3-1g is not applicable to the proposed Project because no State or Federal permits related to biological resources are required for the proposed Project.

SWIP SP FEIR Mitigation Measure 4.3-1h: Any development that results in the potential take or substantial loss of occupied habitat for any threatened or endangered species shall conduct formal consultation with the appropriate regulatory agency and shall implement required mitigation pursuant to applicable protocols. Consultation shall be on a project-by-project basis and measures shall be negotiated independently for each development project.

Proposed Project Applicability: Mitigation Measure 4.3-1h is not applicable to the proposed Project because no natural habitat for rare, threatened, or endangered species exists on or adjacent to site.

SWIP SP FEIR Mitigation Measure 4.3-3a: For future development proposals that could potentially affect jurisdictional drainages or wetlands (to be determined by the City of Fontana Planning Division), the project applicant shall prepare a jurisdictional delineation to determine the extent of jurisdictional area, if any, as part of the regulatory permitting process.

Proposed Project Applicability: Mitigation Measure 4.3-3a is not applicable to the proposed Project because no jurisdictional wetlands or drainages exist on or adjacent to site.

Proposed Project Mitigation Measures
No additional biological resource mitigation measures are required. 520

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B. Cultural Resources
Impact CUL-2 Finding: The Project would not cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5. (Initial Study at p. 51). Impacts are less than significant with mitigation.

Facts in Support of Findings: The Cultural Resources Study that was completed for the Project conducted a records search, which identified 24 previously recorded resources within one mile of the Project site, none of which are within the Project site boundaries.

The most common resource types are associated with the built environment. The Cultural Resources Study describes that the Project site has been cleared and graded since the 1950s, and that based upon the documentation of past ground disturbance, there is little potential for cultural resources to be present/disturbed by the proposed Project. The Cultural Resources Study further states that should any cultural resources be present within the site, they would most likely be historic material associated with the garbage dumps from Los Angeles fed to the hogs that were previously on the site. However, if such material does exist, it would have no provenience and would not be archaeologically significant. Thus, impacts related to archaeological resources would be less than significant. Also, the City’s Cultural and Tribal Standard Conditions of Approval and the SWIP SP Final EIR Mitigation Measures 4.4-1b, 4.4-2a, and 4.4-2b would be included in the Project MMRP and implemented with the Project to further ensure the impacts would be less than significant.

Impact CUL-3 Finding: The Project would not disturb any human remains, including those interred outside of formal cemeteries (Initial Study at p. 51). Impacts are less than significant with mitigation incorporated.

Facts in Support of Findings: There are no known human remains on the Project site.

The site is not part of a formal cemetery and is not known to have been used for disposal of human remains. In addition, the ground has been previously disturbed by historic agricultural uses and recent industrial development. Thus, human remains are not expected to be encountered during construction of the proposed Project. In addition, existing state regulations (California Health and Safety Code Section 7050.5) requires that in the unanticipated event of discovery or recognition of any human remains, there shall be no further excavation until the coroner has made recommendations concerning the treatment and disposition of the human remains to the person responsible. If the coroner determines that the remains are not subject to his or her authority and has reason to believe that they are those of a Native American, he or she shall contact the Native American Heritage Commission within 24 hours. These requirements were included in the SWIP SP Final EIR as Mitigation Measures 4.4-1b and 4.4-2a. Implementation of the proposed Project would comply with provisions of state law and Mitigation Measures 4.4- 1b and 4.4-2a regarding discovery of human remains, and impacts relating to the disturbance of human remains would be less than significant with implementation of the SWIP SP Final EIR mitigation measures.

Cultural Resources Cumulative Findings: Impacts related to archaeological resources and human remains would be less than significant with compliance with existing regulations and mitigation measures (Initial Study at p. 50 - 55). 521

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• Archaeological Resources: The Project’s impact to prehistoric archaeological resources was analyzed in the context of the City of Fontana, which is identified as sensitive for archaeological resources. Construction activities within the Specific Plan area – as with other development projects in the region – may uncover subsurface prehistoric archaeological resource that meet the CCR § 15064.5 definition. However, mitigation has been included to reduce the potential of the Project to contribute to a significant cumulative impact to archaeological resources.

With compliance with project-specific mitigation, cumulatively considerable impacts would be less than significant.
• Disturbance of Human Remains: Mandatory compliance with the provisions of California Health and Safety Code § 7050.5, Public Resources Code § 5097 et seq., and CEQA Guidelines Section 15064.5, which are included as SWIP SP Final EIR Mitigation Measures 4.4-1b and 4.4-2a, would assure that the Project, in addition to all development projects, treat human remains that may be uncovered during development activities in accordance with prescribed, respectful and appropriate practices, thereby avoiding significant cumulative impacts.

Mitigation Measures
SWIP SP FEIR Mitigation Measures
SWIP SP FEIR Mitigation Measure 4.4-1a: 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.
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archaeological resources and/or 36 CFR 60.4 for eligibility for listing on the National Register of Historic Places.
• 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. • 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.

Proposed Project Applicability: Mitigation Measure 4.4-1a was completed through preparation of the Cultural Study for the Project, which is included as Appendix A.

SWIP SP FEIR Mitigation Measure 4.4-1b: If any historical resources and/or human 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.

Proposed Project Applicability: Mitigation Measure 4.4-1b is applicable to the proposed Project and is included the Project MMRP.

SWIP SP FEIR Mitigation Measure 4.4-2a: 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 prehistoric resources, a field survey for prehistoric 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 sacred land resources, the Native American Heritage Commission shall be contacted for information regarding sacred lands.
• All prehistoric resources shall be inventoried using appropriate State record forms and two (2) copies of the completed forms shall be submitted to the San Bernardino County Archaeological Information Center.
• The significance and integrity of all prehistoric resources within the project site shall be evaluated using criteria established in the CEQA Guidelines for important archaeological resources.
• If human remains are encountered on the project site, the San Bernardino County Coroner’s Office shall be contacted within 24 hours of the find, and all work shall be halted until a clearance is given by that office and any other involved agencies. 523

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• All resources and data collected within the project site shall be permanently curated at an appropriate repository within the County.

Proposed Project Applicability: Mitigation Measure 4.4-2a is applicable to the proposed Project and is included the Project MMRP. Several of the requirements of Mitigation Measure 4.4-2a have been completed through preparation of the Cultural Study for the Project, which is included as Appendix A.

SWIP SP FEIR Mitigation Measure 4.4-2b: 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. 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 as 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 County Archaeological Information Center for permanent archiving.

Proposed Project Applicability: Mitigation Measure 4.4-2b is applicable to the proposed Project and is included the Project MMRP.

Proposed Project Mitigation Measures
No additional cultural resource mitigation measures are required.

C. Geology and Soil
Impact GEO-6 Finding: The Project would not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. (Initial Study at p. 62). Impacts are less than significant with mitigation.

Facts in Support of Finding: Pursuant to the SWIP SP Final EIR Mitigation Measure

4.4-3a, a Paleontological Assessment for the Project site was prepared (Appendix D to the initial Study), which determined that the sediments that underlie the Project site contain late to middle Pleistocene (approximately 11,700 to 780,000 years ago) old alluvial fan deposits (Qof3) that are sensitive for paleontological resources and occur as 524

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slightly raised areas protruding through the surrounding young alluvial fan sediments. At the western and eastern edges of the Project site, the old alluvial fan deposits are buried by Holocene and late Pleistocene (present day to approximately 120,000 years ago) young alluvial fan sediments (lQyfl) of the Lytle Creek fan. These findings are consistent with the sensitivity of the area as detailed in the SWIP SP Final EIR, which describes that implementation of ground disturbing construction would have the potential to impact unknown paleontological resources. Therefore, the SWIP SP Final EIR mitigation measures and the monitoring recommendations from the Paleontological Assessment are included as Mitigation Measure GEO-1 (per the SWIP SP Final EIR Mitigation Measure 4.4-3b) to reduce potential impacts to a less than significant level. Thus, consistent with the determinations of the SWIP SP Final EIR, impacts related to paleontological resources would be less than significant with implementation of mitigation.

Mitigation Measures
SWIP SP FEIR Mitigation Measures
SWIP SP FEIR Mitigation Measure 4.4-3a: A qualified paleontologist shall conduct a pre-construction field survey of any Project site within the Specific Plan Update area that is underlain by older alluvium. The paleontologist shall submit a report of findings that provides specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate.

Proposed Project Applicability: Mitigation Measure 4.4-3a has been completed with preparation of the Paleontological Assessment included as Appendix D.

SWIP SP FEIR Mitigation Measure 4.4-3b: Should mitigation monitoring be recommended for a specific project within the Project site (Specific Plan Update), the Mitigation 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 shall 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.

Proposed Project Applicability: Mitigation Measure 4.4-3b is applicable to the proposed Project and is included in the Project MMRP.

Proposed Project Mitigation Measures
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Mitigation Measure GEO-1 Paleontological Resources Management Program (PRMP). A paleontological resource management program (PRMP) is required prior to the issuance of a grading permit. The PRMP shall, at a minimum, implement the following standard procedures:

1. The applicant shall retain a qualified paleontologist (Project Paleontologist) approved by the City to create and implement a Project-specific plan for monitoring site grading/ earthmoving activities.

2. The Project paleontologist retained shall monitor mass grading and excavation activities in areas identified as likely to contain paleontological resources shall be performed by a qualified paleontologist or paleontological monitor. Starting at the surface, monitoring should be conducted fulltime in areas of grading or excavation in undisturbed sediments of alluvial fan deposits.

Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or, if present, are determined on exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources. The monitor shall notify the Project paleontologist, who will then notify the concerned parties of the discovery.

4. Paleontological salvage during trenching and boring activities is typically from the generated spoils and does not delay the trenching or drilling activities. Fossils are collected and placed in cardboard flats or plastic buckets and identified by field number, collector, and date collected. Notes are taken on the map location and stratigraphy of the site, which is photographed before it is vacated, and the fossils are removed to a safe place. On mass grading projects, discovered fossil sites are protected by flagging to prevent them from being overrun by earthmovers (scrapers) before salvage begins.

Fossils are collected in a similar manner, with notes and photographs being taken before removing the fossils. Precise location of the site is determined with the use of handheld GPS units. If the site involves remains from a large terrestrial vertebrate, such as large bone(s) or a mammoth tusk, that is/are too large to be easily removed by a single monitor, a fossil recovery crew shall excavate around the find, encase the find within a plaster and burlap jacket, and remove it after the plaster is set. For large fossils, use of the contractor’s construction equipment may be solicited to help remove the jacket to a safe location.

5. Isolated fossils are collected by hand, wrapped in paper, and placed in temporary collecting flats or five-gallon buckets. Notes are taken on the map location and stratigraphy of the site, which is photographed before it is vacated, and the fossils are removed to a safe place.
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6. In accordance with the “Microfossil Salvage” section of the Society of Vertebrate Paleontology guidelines (2010:7), bulk sampling and screening of fine-grained sedimentary deposits (including carbonate-rich paleosols) must be performed if the deposits are identified to possess indications of producing fossil “microvertebrates” to test the feasibility of the deposit to yield fossil bones and teeth.

7. In the laboratory, individual fossils are cleaned of extraneous matrix, any breaks are repaired, and the specimen, if needed, is stabilized by soaking in an archivally approved acrylic hardener (e.g., a solution of acetone and Paraloid B-72).

8. Recovered specimens are prepared to a point of identification and permanent preservation (not display), including screen-washing sediments to recover small invertebrates and vertebrates. Preparation of individual vertebrate fossils is often more time-consuming than for accumulations of invertebrate fossils.

9. Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage (e.g., SBCM) shall be conducted. The paleontological program should include a written repository agreement prior to the initiation of mitigation activities. Prior to curation, the lead agency (e.g., the City of Fontana) will be consulted on the repository/museum to receive the fossil material.

10. A final report of findings and significance will be prepared, including lists of all fossils recovered and necessary maps and graphics to accurately record their original location(s). The report, when submitted to and accepted by the appropriate lead agency, will signify satisfactory completion of the Project program to mitigate impacts to any potential nonrenewable paleontological resources (i.e., fossils) that might have been lost or otherwise adversely affected without such a program in place.

D. Hazards and Hazardous Materials
Impact HAZ-2 Finding: The Project would not 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. (Initial Study at p. 72). Impacts are less than significant with mitigation.

Facts in Support of Findings:

Construction
A Phase I Environmental Site Assessment and Limited Subsurface Investigation (Appendix B to the Initial Study) was prepared for the Project site, which found no evidence of any releases of hazardous materials at the Project site. The investigation included soil borings for the analysis of representative onsite soils, which did not identify any contamination within onsite soils. Therefore, impacts related to soils containing hazardous substances are not anticipated to be uncovered during construction of the proposed Project. Should potential contamination be identified, application of existing remediation regulations, through construction permitting measures, would remove and 527

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dispose of contaminated materials, consistent with the requirements of Mitigation Measure 4.5-2b. Adherence to existing regulations would ensure that impacts would be less than significant.

Also, as described previously, construction of the proposed Project would involve the limited use and disposal of hazardous materials. Equipment that would be used in construction has the potential to release gas, oils, greases, solvents; and spills of paint and other finishing substances. However, the amount of hazardous materials onsite would be limited, and construction activities would be required to adhere to all applicable regulations regarding hazardous materials storage and handling, as well as to implement construction BMPs (through implementation of a required SWPPP implemented by City permitting) to prevent a hazardous materials release and to promptly contain and clean up any spills, which would minimize the potential for harmful exposures. With compliance to existing laws and regulations, which is mandated by the City through construction permitting, the potential construction-related impacts would be less than significant.

Operation
Operation of the proposed warehouse building includes use of limited hazardous materials, such as: cleaning agents, paints, pesticides, batteries, and aerosol cans. These types of hazardous materials are not acutely hazardous and regulated by existing laws that have been implemented to reduce risks related to the use of these substances.

Similarly, should any future business that occupies the building handle acutely hazardous materials, it would be required to file a Hazardous Materials Business Plan to ensure proper use, storage, and disposal of hazardous substances. As a result, operation of the proposed Project would not create a reasonably foreseeable upset and accident condition involving the release of hazardous materials into the environment, and impacts would be less than significant.

Mitigation Measures
SWIP SP FEIR Mitigation Measures
SWIP SP FEIR Mitigation Measure 4.5-1a: 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 schools, child-care centers, and senior enters, shall not to be located near existing sites that use, store, or generate hazardous materials.

Proposed Project Applicability: Mitigation Measure 4.5-1a is not applicable to the proposed Project because the proposed warehouse does not involve production, use, storage, transport, or disposal of substantial or acute hazardous materials; and the Project site is not near any sensitive land uses. However, the measure is included in the Project MMRP to ensure that an inconsistency does not occur as the Project is implemented.
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SWIP SP FEIR Mitigation Measure 4.5-1b: The City shall assure the continued response and capability of the San Bernardino County Fire Department/Fontana Fire Protection District to handle hazardous materials incidents in the City and along the sections of freeways that extend across the City.

Proposed Project Applicability: Mitigation Measure 4.5-1b is not applicable to the proposed Project because the Project does not involve transport or handling substantial volumes of hazardous materials; that would require such a response. However, the measure is included in the Project MMRP to ensure capability of handling hazardous materials, such permits for such uses occur in the future.

SWIP SP FEIR Mitigation Measure 4.5-1c: 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.

Proposed Project Applicability: Mitigation Measure 4.5-1c is not applicable to the proposed Project because the proposed warehouse does not involve handling hazardous materials above the reportable quantity. However, the measure is included in the Project MMRP to ensure that this regulation is implemented, if needed.

SWIP SP FEIR Mitigation Measure 4.5-1d: The City shall identify roadways along which hazardous materials are routinely transported. If essential facilities, such as schools, hospitals, childcare centers, or other facilities with special evacuation needs are located along these routes, identify emergency response plans that these facilities can implement in the event of an unauthorized release of hazardous materials in their area.

Proposed Project Applicability: Mitigation Measure 4.5-1d is not applicable to the proposed Project because the proposed warehouse does not involve transport of substantial volumes of hazardous materials; that would be routinely transported.

However, the measure is included in the Project MMRP to ensure future truck route planning, should permitting related to hazardous materials transport and the Project site be requested in the future.

SWIP SP FEIR Mitigation Measure 4.5-2a: A Phase I Environmental Site Assessment shall be prepared in accordance with American Society of Testing and Materials (ASTM) Standards and Standards and Practices for All Appropriate Inquiries prior to issuance of a Grading Permit for future development within the Project site. The Phase I Environmental Site Assessment shall investigate the potential for site contamination, and will identify Specific Recognized Environmental Conditions (i.e., asbestos-containing 529

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materials [ACMs], lead-based paints [LBPs], polychlorinated biphenyls [PCBs], etc.) that may require remedial activities prior to land acquisition or construction.

Proposed Project Applicability: Mitigation Measure 4.5-2a was completed through preparation of the Phase I Environmental Site Assessment and Limited Subsurface Investigation (Appendix B).

SWIP SP FEIR Mitigation Measure 4.5-6a: Prior to the issuance of grading permits, future developers shall prepare a Traffic Control Plan for implementation during the construction phase. The Plan may include the following provisions, among others:
• At least one unobstructed lane shall be maintained in both directions on surrounding roadways.
• At any time that only a single lane is available, the developer shall provide a temporary traffic signal, signal carriers (i.e., flagpersons), or other appropriate traffic controls to allow travel in both directions.
• If construction activities require the complete closure of a roadway segment, the developer shall provide appropriate signage indicating detours/alternative routes.

Proposed Project Applicability: Mitigation Measure 4.5-6a is applicable to the proposed Project and is included in the Project MMRP.

SWIP SP FEIR Mitigation Measure 4.5-6b: Prior to construction, the City of Fontana Engineering Department shall consult with the City of Fontana Police Department to disclose temporary closures and alternative travel routes, in order to ensure adequate access for emergency vehicles when construction of future projects would result in temporary lane or roadway closures.

Proposed Project Applicability: Mitigation Measure 4.5-6b is applicable to the proposed Project and is included in the Project MMRP.

Proposed Project Mitigation Measures
No additional hazards and hazardous material mitigation measures are required.

E. Tribal Cultural Resources
Impact TCR-2 Finding: The Project would not cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe that is a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. (Draft Subsequent EIR at p. 5.5-5). Impacts are less than significant with mitigation incorporated. 530

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Facts in Support of Findings: As part of the AB 52 consultation processes, the City contacted local Native American tribes concerning the proposed Project. Of the tribes contacted, the Gabrieleño Band of Mission Indians-Kizh Nation responded with a request for formal consultation, the Tribe provided an email response on April 21, 2023 and provided maps and literature regarding historic tribal activities in the region and recommended mitigation measures for tribal monitoring during ground disturbing activity.

In addition, the Yuhaaviatam of San Manuel Nation (formerly known as the San Manuel Band of Mission Indians) responded on January 17 and 19, 2023 stating that the Tribe does not have any concerns with the Project. The letter provided language that the Tribe be contacted if potential resources are discovered, and that the Tribe provided monitoring measures and requested that it be made a part of the project/permit/plan conditions.

Mitigation Measures
SWIP SP FEIR Mitigation Measures
SWIP SP FEIR Mitigation Measure 4.4-1b: If any historical resources and/or human 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.

Proposed Project Applicability: Mitigation Measure 4.4-1b is applicable to the proposed Project and is included in the Project MMRP.

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Proposed Project Applicability: Mitigation Measure 4.4-2a is applicable to the proposed Project and is included in the Project MMRP. Several of the requirements of Mitigation Measure 4.4-2a have been completed through preparation of the Cultural Study for the Project, which is included as Appendix A of Appendix A.

Proposed Project Applicability: Mitigation Measure 4.4-2b is applicable to the proposed Project and is included in the Project MMRP.

SWIP SP FEIR Mitigation Measure 4.4-2c: Where consistent with applicable local, State, and federal law and deemed appropriate by the City, future site-specific development projects shall consider the following requests by the Soboba Band of Luiseño Indians, Morongo Band of Mission Indians and/or other consulting tribes as appropriate:
• 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. Work on the overall Project may continue during this period; • Initiate consultation between the appropriate Native American tribal entity (as determined by a qualified archaeologist meeting Secretary of Interior standards) and the City/Project Applicant;
• Transfer cultural resources investigations to the appropriate Native American entity (as determined by a qualified archaeologist meeting Secretary of Interior standards) as soon as possible;
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• Utilize a Native American Monitor from the appropriate Native American entity (as determined by a qualified archaeologist meeting Secretary of Interior standards) where deemed appropriate or required by the City, during initial ground-disturbing activities, cultural resource surveys, and/or cultural resource excavations.

Proposed Project Applicability: Mitigation Measure 4.4-2c is applicable to the proposed Project and is included in the Project MMRP.

Proposed Project Mitigation Measures
Mitigation Measure CUL-1: Archaeological Monitoring. Prior to the issuance of the first grading permit, the applicant shall provide a letter to the City Planning Department, or designee, from a qualified professional archaeologist meeting the Secretary of Interior’s Professional Qualifications for Archaeology as defined at 36 CFR Part 61, Appendix A and with knowledge of tribal resources, stating that qualified archaeologists have been retained and will be present at pre-grade meetings and for all initial ground disturbing activities, up to five feet in depth.
• Upon discovery of any tribal cultural or archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All tribal cultural and archaeological and tribal monitor/consultant, if the resources are Native American in origin, interested Tribes (as a result of correspondence with area Tribes) shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request preservation in place or recovery for educational purposes. Work may continue on other parts of the project while evaluation takes place.
• Preservation in place shall be the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavation to remove the resource along the subsequent laboratory processing and analysis. All Tribal Cultural Resources shall be returned to the Tribe.

Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to the Tribe or a local school or historical society in the area for educational purposes.
• Archaeological and Native American monitoring and excavation during construction projects shall be consistent with current professional standards. All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken. Principal personnel shall meet the Secretary of the Interior standards for archaeology and have a minimum of 10 years’ experience as a principal investigator working with Native American archaeological sites in southern California. The Qualified Archaeologists shall ensure that all other personnel are appropriately trained and qualified. 533

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SECTION IV

SIGNIFICANT AND UNAVOIDABLE ENVIRONMENTAL IMPACTS
Public Resources Code section 21002 states that “it is the policy of the state that public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects. The Legislature further finds and declares that in the event specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof.”
Section 15364 of the State CEQA Guidelines defines “feasible” as “capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.” The City Council hereby finds that, despite the incorporation of feasible measures outlined in the Final Subsequent EIR, the following impacts cannot be fully mitigated to a less than significant level. Despite these significant and unavoidable impacts, the City nevertheless approves the Project because of the benefits described in the Statement of Overriding Considerations included herein.

A. Air Quality
Impact AQ-1 Finding: The Project would conflict with or obstruct implementation of an applicable air quality plan (Draft Subsequent EIR at p. 5.1-22) at both the project and cumulative levels. Impacts would be significant and unavoidable.

Facts in Support of Findings: The SCAQMD’s 2022 AQMP is the applicable air quality plan for the City of Fontana. Pursuant to Consistency Criterion No. 1, projects that are consistent with the regional population, housing, and employment forecasts identified by SCAG are considered to be consistent with the AQMP growth projections, since the forecast assumptions by SCAG forms the basis of the land use and transportation control portions of the AQMP. The total number of employees that would result from the proposed Project would result in 738 employees, which is 1.9 percent of the number of employees that the SWIP SP Final EIR projected at buildout. The 2019 SCAG Local Profile for the City of Fontana identified that the City had 55,448 jobs in 2017 and the SCAG’s Growth Forecast by Jurisdiction estimates that employment within the City of Fontana would grow to 75,100 by 2045. The increase of 738 employees that would result from the proposed Project would equate to 3.8 percent of the City’s projected growth. Therefore, the additional jobs provided by the proposed Project would be within and consistent with SCAG’s growth projections, and within the growth assumptions of the AQMP. Thus, the proposed Project would comply with AQMD AQMP Consistency Criterion No. 1.

Regarding Consistency Criterion No. 2, which evaluates the potential of the proposed Project to increase the frequency or severity of existing air quality violations; as described previously, an impact related to Consistency Criterion No. 2 would occur if the long-term 534

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emissions associated with the proposed Project would exceed SCAQMD’s regional significance thresholds for operation-phase emissions. As detailed below in Impact AQ2, the proposed Project would result in regional operational-source emissions that would exceed the thresholds of significance for NOX emissions after implementation of requirements and SWIP SP Final EIR mitigation measures that are applicable to the Project; and therefore, would result in an increase in the frequency or severity of existing air quality violations and contribute to new violations or delay the timely attainment of air quality standards or the interim emissions reductions specified in the AQMP. Hence, the proposed Project would result in an impact related to Consistency Criterion No. 2. This is consistent with the impacts identified in the SWIP SP Final EIR.

Overall, despite the Project’s consistency with SCAG’s regional growth forecasts and the SWIP SP, the Project would lead to increased regional air quality operational emissions that would exceed thresholds. Therefore, the proposed Project would result in a conflict with, or would obstruct, implementation of the AQMP and impacts would be significant and unavoidable after implementation of mitigation measures that are detailed below.

This finding is consistent with the findings of the SWIP SP Final EIR.

Impact AQ-2 Finding: The Project would 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 Subsequent EIR at p. 5.1- 23) at both the project and cumulative levels. Impacts are significant and unavoidable.

Facts in Support of Findings:

Construction
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 site; (3) delivery and hauling of construction supplies to, and debris from, the Project site; (4) fuel combustion by onsite construction equipment; (5) building construction; application of architectural coatings; and paving. These construction activities would temporarily create emissions of dust, fumes, equipment exhaust, and other air contaminants.

Table 5.1-9 of the Draft Subsequent EIR provides the maximum daily emissions of criteria air pollutants from construction of the proposed Project. As shown, emissions from construction would not exceed thresholds established by the SCAQMD. Therefore, construction impacts related to regional emissions criteria would be less than significant.

Operation
Implementation of the proposed warehouse (with 25 percent of the floor area refrigerated) would result in long-term emissions of criteria air pollutants from area sources generated by the proposed refrigerated and unrefrigerated warehousing and office uses, such as vehicular emissions, TRU emissions, natural gas consumption, landscaping, and use of 535

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consumer products. As described previously, the Project would be required to implement the City’s municipal code sustainability requirements. The City would ensure compliance with the requirements of Chapter 9, Section V of the Municipal Code as part of their standard building permit review/approval and site inspection processes. In addition, the Project would be required to implement the SWIP SP Final EIR mitigation measures related to air quality, which include Mitigation Measures 4.2-2a, 4.2-2c through 4.2-2g, and 4.2-2j.

As shown in Table 5.1-10 of the Draft Subsequent EIR, operation of the proposed Project would generate emissions that would exceed the applicable SCAQMD threshold for NOx and would cumulatively contribute to the nonattainment designations in the Basin.

The Project would implement the SWIP SP Final EIR Mitigation Measures 4.2-2a, 4.2-2c through 4.2-2g, and 4.2-2j to reduce the operational NOx emissions; however, these measures would not be sufficient enough to reduce the NOx emissions to below the SCAQMD thresholds. Neither the Project applicant nor the City have regulatory authority to control tailpipe emissions. Thus, no feasible mitigation measures exist that would reduce these emissions to levels that are less-than-significant, and impacts related to regional cumulative air quality emissions would be significant and unavoidable, which is consistent with the determination of the SWIP SP Final EIR.

Health Impacts of Exceeded Criteria Pollutant Emissions. The significant and unavoidable impact with respect to NOx emissions is due largely to vehicle trips. NOx is a “criteria” pollutant, a pollutant that is regulated by the USEPA pursuant to the federal Clean Air Act. The potential health impacts of criteria pollutants are analyzed on a regional level, not on a facility/project level. The SCAQMD and the San Joaquin Valley Unified Air Pollution Control District (SJVAPD), experts in the area of air quality, both recognize that a meaningful, accurate analysis of potential health impacts resulting from criteria pollutants is not currently possible and not likely to yield substantive information that promotes informed decision making. The SJVAPD, in its amicus curiae brief for the recent California Supreme Court decision in Sierra Club v. County of Fresno (2018)6 Cal.5th 502, explained that “it is not feasible to conduct a [health impact analysis] for criteria air pollutants because currently available computer modeling tools are not equipped for this task.” The SJVAPD described a project-specific health impact analysis as “not practicable and not likely to yield valid information” because “currently available modeling tools are not well suited for this task.” The SJVAPD further noted that “…the CEQA air quality analysis for criteria pollutants is not really a localized, project-level impact analysis but one of regional” cumulative impacts.

It should also be noted that CO, NOx, and VOCs are “precursor” pollutants, which makes analysis of potential health impacts even more difficult. CO, NOx, and VOCs are precursors to ozone, which is formed in the atmosphere from the chemical reaction of CO, NOx, and VOCs in the presence of sunlight. As explained by the SCAQMD in its amicus curiae brief for Sierra Club v. County of Fresno, it takes time and the influence of 536

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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 CO, 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 CO, NOx, or VOC emissions from relatively small projects.

Thus, the difficulties with preparing potential health impact analysis related to the Project’s CO, NOx, and VOC emissions are twofold. First, current modeling is not capable of correlating emissions of criteria pollutants to concentrations that can be reasonably linked to specific health impacts. Second, CO, NOx, and VOCs are precursor emissions and concentrations of CO, NOx, and VOC are impacted by regional atmospheric conditions.

CO, NOx, and VOCs emitted by the Project may, depending upon interactions with the sun and other emissions, convert to ozone by complex chemical processes. Thus, there is a significant level of unpredictability associated with such conversion to ozone, as noted by the SCAQMD and the SJVAPD. It should also be noted that this Draft Subsequent EIR does identify health concerns related to CO and NOx emissions. Table 5.1-1 includes a list of criteria pollutants and summarizes common sources and effects. Thus, the EIR’s analysis is reasonable and intended to foster informed decision making.

Air Quality Cumulative Findings: The Project would result in cumulatively significant and unavoidable impacts related to air quality (Draft Subsequent EIR at p. 5.1-31).

Facts in Support of Findings: As described previously, per SCAQMD’s methodology, if an individual project would result in air emissions of criteria pollutants that exceeds the SCAQMD’s thresholds for project-specific impacts, then it would also result in a cumulatively considerable net increase of these criteria pollutants.

As described in Impact AQ-2 above, emissions from operation of the proposed Project would exceed SCAQMD’s threshold for NOx after implementation of mitigation measures.

The large majority of operational-source NOx emissions (by weight) would be generated by Project vehicles that neither Project applicants nor the City have the ability to reduce emissions of. Therefore, operational-source NOx emissions from implementation of the proposed Project would be cumulatively considerable, and cumulative air quality impacts would be significant and unavoidable.

Mitigation Measures
SWIP SP FEIR Mitigation Measures
SWIP SP FEIR Mitigation Measure 4.2-1a: 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 537

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maintained as per the manufacturer’s specification. Maintenance records shall be available at the construction site for City 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 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 onsite 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 2010 and newer diesel haul trucks (e.g., material delivery trucks and soil import/export). If the lead agency determines that 2010 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, all internal combustion engines/construction equipment operating on the project site shall meet EPA-Certified Tier 3 4 emissions standards, or higher according to the following:
o January 1, 2012 to December 31, 2014: All off-road diesel-powered construction equipment greater than 50 hp shall meet Tier 3 off-road emissions standards. In addition, all construction equipment shall be outfitted with BACT devices certified by CARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations.
o Post-January 1, 2015: All off-road diesel-powered construction equipment greater than 50 hp shall meet the Tier 4 emissions standards, where available.

In addition, all construction equipment shall be outfitted with BACT devices certified by CARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations.
o A copy of each unit’s certified tier specification, BACT documentation, and CARB or SCAQMD operating permit shall be provided at the time of mobilization of each applicable unit of equipment.

Proposed Project Applicability: Mitigation Measure 4.2-1a is applicable to the proposed Project and is included in the Project MMRP.
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SWIP SP FEIR Mitigation Measure 4.2-1b: 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 project. Contractors shall also conform to any construction measures imposed by the SCAQMD as well as City Planning staff.

Proposed Project Applicability: Mitigation Measure 4.2-1b is applicable to the proposed Project and is included in the Project MMRP.

SWIP SP FEIR Mitigation Measure 4.2-1c: All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Specifically, the following measures shall be implemented, as feasible:
• Use coatings and solvents with a VOC content lower than that required under AQMD Rule 1113.
• Construct or build with materials that do not require painting. • Require the use of pre-painted construction materials.

Proposed Project Applicability: Mitigation Measure 4.2-1c is applicable to the proposed Project and would be included in the Project MMRP.

SWIP SP FEIR Mitigation Measure 4.2-1d: Projects that result in the construction of more than 19 single-family residential units, 40 multifamily residential units, or 45,000 square feet of retail/commercial/industrial space shall be required to apply paints either by hand or high-volume low pressure (HVLP) spray. These measures may reduce volatile organic compounds (VOC) associated with the application of paints and coatings by an estimated 60 to 75 percent. Alternatively, the contractor may specify the use of low volatility paints and coatings. Several currently available primers have VOC contents of less than 0.85 pounds per gallon (e.g., dulux professional exterior primer 100 percent acrylic). Top coats can be less than 0.07 pounds per gallon (8 grams per liter) (e.g., Lifemaster 2000-series). This latter measure would reduce these VOC emissions by more than 70 percent. Larger projects should incorporate both the use of HVLP or hand application and the requirement for low volatility coatings.

Proposed Project Applicability: Mitigation Measure 4.2-1d is applicable to the proposed Project and is included in the Project MMRP.

SWIP SP FEIR Mitigation Measure 4.2-1e: All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108.

Proposed Project Applicability: Mitigation Measure 4.2-1e is applicable to the proposed Project and is included in the Project MMRP.
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SWIP SP FEIR Mitigation Measure 4.2-1f: 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, the following:
• 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 tires 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.

Proposed Project Applicability: Mitigation Measure 4.2-1f is applicable to the proposed Project and is included in the Project MMRP.

SWIP SP FEIR Mitigation Measure 4.2-2a: All “large-scale” (e.g., over 10 acres per day) project Applicants shall provide incentives to use mass transit including the placement of 540

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bus stop shelters along major thoroughfares if not so equipped. (City Staff shall determine what denotes a “large-scale” project.)
Proposed Project Applicability: Mitigation Measure 4.2-2a is applicable to the proposed Project and is included in the Project MMRP.

SWIP SP FEIR Mitigation Measure 4.2-2b: All “large-scale” (e.g., over 10 acres per day) project Applicants shall incorporate a bike/walking path between these shelters, the proposed residential areas, and the proposed commercial areas. These paths shall be lit and configured so as to avoid potential conflict with roadways and railroad activities.

Proposed Project Applicability: Mitigation Measure 4.2-2b is not applicable to the proposed Project because the Project does not include residential and commercial structures.

SWIP SP FEIR Mitigation Measure 4.2-2c: All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods pursuant to Title 13 of the California Code of Regulations, Section 2485, which limits idle times to not more than five minutes.

Proposed Project Applicability: Mitigation Measure 4.2-2c is applicable to the proposed Project and is included in the Project MMRP.

SWIP SP FEIR Mitigation Measure 4.2-2d: The City shall require that both industrial and commercial uses designate preferential parking for vanpools.

Proposed Project Applicability: Mitigation Measure 4.2-2d is applicable to the proposed Project and is included in the Project MMRP.

SWIP SP FEIR Mitigation Measure 4.2-2e: The proposed commercial and industrial areas shall incorporate food service.

Proposed Project Applicability: Mitigation Measure 4.2-2e is applicable to the proposed Project and is included in the Project MMRP.

SWIP SP FEIR Mitigation Measure 4.2-2f: All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and MetroLink schedules in conspicuous areas.

Proposed Project Applicability: Mitigation Measure 4.2-2f is applicable to the proposed Project and is included in the Project MMRP.

SWIP SP FEIR Mitigation Measure 4.2-2g: All industrial and commercial site tenants with 50 or more employees shall be requested to configure their operating schedules around the MetroLink schedule to the extent reasonably feasible. 541

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Proposed Project Applicability: Mitigation Measure 4.2-2g is applicable to the proposed Project and is included in the Project MMRP.

SWIP SP FEIR Mitigation Measure 4.2-2h: All residential and commercial structures shall be required to incorporate high efficiency/low polluting heating, air conditioning, appliances, and water heaters.

Proposed Project Applicability: Mitigation Measure 4.2-2h is not applicable to the proposed Project because the Project does not include residential and commercial structures.

SWIP SP FEIR Mitigation Measure 4.2-2i: All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping.

Proposed Project Applicability: Mitigation Measure 4.2-2i is not applicable to the proposed Project because the Project does not include residential and commercial structures.

SWIP SP FEIR Mitigation Measure 4.2-2j: All residential, commercial, and industrial structures shall be required to incorporate light colored roofing materials.

Proposed Project Applicability: Mitigation Measure 4.2-2j is applicable to the proposed Project and is included in the Project MMRP.

SWIP SP FEIR Mitigation Measure 4.2-2k: Prior to approval of future development projects within the project area, the City of Fontana shall conduct project‐level environmental review to determine potential vehicle emission impacts associated with the project(s). Mitigation measures shall be developed for each project as it is considered to mitigate potentially significant impacts to the extent feasible. Potential mitigation measures may require that facilities with over 250 employees (full or part‐time employees at a worksite for a consecutive six‐month period calculated as a monthly average), as required by the Air Quality Management Plan, implement Transportation Demand Management (TDM) programs.

Proposed Project Applicability: Mitigation Measure 4.2-2k is applicable to the proposed Project and is included in the Project MMRP.

SWIP SP FEIR Mitigation Measure 4.2-2l: New warehouse facilities or distribution centers that generate a minimum of 100 truck trips per day, or 40 truck trips with transport refrigeration units (TRUs) per day, or TRU operations exceeding 300 hours per week shall not be located closer than 1,000 feet from any existing or proposed sensitive land use such as residential, a hospital, medical offices, day care facilities, and/or fire stations (pursuant to the recommendations set forth in the CARB Air Quality and Land Use Handbook).
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Proposed Project Applicability: Mitigation Measure 4.2-2l is applicable to the proposed Project and is included in the Project MMRP.

Proposed Project Mitigation Measures
No new mitigation measures would reduce NOx emissions from vehicle and truck trips, which result in threshold exceedance.

B. Greenhouse Gas Emissions
Impact GHG-1 Finding: The Project would generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment (Draft Subsequent EIR at p. 5.2-12). Impacts would be significant and unavoidable.

Facts in Support of Findings: The annual GHG emissions associated with operation of the proposed refrigerated and non-refrigerated warehouse space is summarized in Table

5.2-3 of the Draft Subsequent EIR. As shown, construction and operation of the proposed Project would generate a total increase of approximately 11,154.34 MTCO2e/yr, which would exceed the 3,000 MTCO2e/yr screening threshold that is based on the Executive Order S-3-05-year 2050 goal and the capture of 90 percent of emissions from development. Therefore, impacts would be significant.

It should be noted that this does not include reductions in emissions that would be achieved by implementation of the AQMD Rule 2305, which is tenant specific and cannot be quantified at this time. The proposed Project would exceed 3,000 MTCO2e /yr.

Although, SWIP Final EIR Mitigation Measures 4.2-2a, 4.2-2c, 4.2-2d, 4.2-2e, 4.2-2f, 4.2- 2g, 4.2-2j, 4.2-2k, and 4.2-5a would be implemented to require implementation of various measures to reduce GHG emissions. The large majority (78 percent) of GHG emissions would be generated by Project vehicles that neither Project applicants nor the City have the ability to reduce emissions of. The proposed Project would generate the same types of GHG emissions at a density that was anticipated to be generated by the SWIP Final EIR; however, the thresholds related to GHG emissions have been reduced since certification of the SWIP Final EIR pursuant to AB 1279 and Executive Order S-3-05.

Therefore, GHG emissions from implementation of the proposed Project would be significant and unavoidable.

Greenhouse Gas Cumulative Findings: The Project would result in significant and unavoidable cumulative impacts related to GHG emissions (Draft Subsequent EIR at p.

5.2-19).

Facts in Support of Findings: The analysis of GHG emission impacts under CEQA contained in this Draft Subsequent EIR effectively constitutes an analysis of a project’s contribution to the cumulative impact of GHG emissions. As described previously, the 543

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estimated increase in GHG emissions from the proposed Project would exceed the 3,000 MTCO2e/yr screening threshold after implementation of existing regulations and mitigation measures. Therefore, the GHG emissions from the proposed Project would be significant and cumulatively considerable.

Mitigation Measures
SWIP SP FEIR Mitigation Measures
SWIP SP FEIR Mitigation Measures 4.2-2a, 4.2-2c, 4.2-2d, 4.2-2e, 4.2-2f, 4.2-2g, 4.2- 2j, and 4.2-2k: As listed previously in Section A, Air Quality.

Proposed Project Applicability: Mitigation Measures 4.2-2a, 4.2-2c, 4.2-2d, 4.2-2e, 4.2-2f,

4.2-2g, 4.2-2j, and 4.2-2k are applicable to the proposed Project and are included in the Project MMRP.

SWIP SP FEIR Mitigation Measure 4.2-5a: Prior to the issuance of building permits, future development projects shall demonstrate the incorporation of project design features that achieve a minimum of 28.5 percent reduction in GHG emissions from nonmobile sources as compared to business-as-usual conditions. Future project shall include, but are not limited to, the following list of potential design features (which include 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 building 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, appliances and equipment, and control 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. Ensure buildings are designed to have “solar ready” roofs infrastructure and facilities in compliance with 544

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Municipal Code Chapter 9, Article V, Industrial Commerce Centers Sustainability Standards.
• 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).
• Restrict watering methods (e.g., prohibit systems that apply water to non-vegetated 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 cardboard). • 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.

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• Create 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).
• Create bicycle lanes and walking paths directed to the location of schools, parks and other destination points.

Proposed Project Applicability: Mitigation Measure 4.2-5a is applicable to the proposed Project and is included in the Project MMRP.

Proposed Project Mitigation Measures
No new mitigation measures would reduce GHG emissions from vehicle and truck trips, which result in threshold exceedance.
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SECTION V

GROWTH-INDUCING IMPACTS AND COMMITMENT OF RESOURCES
Section 15126.2(d) of the State CEQA Guidelines requires the EIR address the growthinducing impact of the Project. Draft Subsequent EIR Section 5.6 evaluates the potential for the proposed Project to affect the environment from employment or population growth, or the construction of additional housing, either directly or indirectly.

Impact Growth-1 Finding: The Project would not establish substantial new permanent employment opportunities or otherwise stimulate economic activity such that it would result in the need for additional housing, businesses, and services to support increased economic activities (Draft Subsequent EIR at p. 5.6-3). Impacts would be less than significant.

Facts in Support of Findings: The total number of employees that would result from the proposed Project (of 738) would equate to 3.8 percent of the SCAG projected growth for the City. Therefore, the growth that would result from the Project is within existing projections, and the additional jobs provided by the proposed Project would be within and consistent with SCAG’s growth projections.

The SWIP SP Final EIR describes that buildout of the SWIP would result in 39,416 new employment positions. SCAG’s Employment Density Study estimates that warehousing uses generate approximately one employee per 1,195 SF. Based on this estimate, the proposed Project would result in 738 employees, which is 1.9 percent of the number of employees at buildout.

The Project would accommodate the forecasted employment in an environmentally sustainable manner by providing job opportunities for nearby residents that would reduce vehicle miles traveled. The City of Fontana has had unemployment rates ranging between

3.6 and 9.5 percent over the last 5 years (EDD 2022). Most of the new labor and office jobs that would be created by the proposed Project would be positions that are anticipated to be filled by people who would already be living within Fontana and surrounding communities and would not induce an unanticipated influx of new labor into the region.

Thus, impacts related to increased growth through the provision of employment opportunities would be less than significant.

Impact Growth-2 Finding: The Project would not remove obstacles to growth through the construction or extension of major infrastructure facilities that do not presently exist in the project area or would add substantial capacity that could accommodate additional unplanned growth (Draft Subsequent EIR at p. 5.6-4). Impacts would be less than significant.

Facts in Support of Findings: The Project site is within an urban area and has been planned and previously approved for development by the SWIP Specific Plan. The adjacent two right-of-ways contain existing infrastructure systems that would serve the 547

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proposed Project. As described in Section 3.0, Project Description, the proposed Project would include installation of onsite infrastructure and new connections to the existing infrastructure systems. The proposed Project does not involve extension of utilities into undeveloped areas. Development of the Project would include construction of pedestrian sidewalks along the Project site frontages of Hemlock Avenue and Beech Avenue, which would enhance local circulation for employees and the use of transit. As a result, the potential of infrastructure related growth inducement impacts would be less than significant.

Impact Growth-3 Finding: The Project would not remove obstacles to growth through the changes in existing regulations pertaining to land development (Draft Subsequent EIR at p. 5.6-4). Impacts would be less than significant.

Facts in Support of Findings: The proposed Project does not involve a change to the City’s General Plan or zoning code. The proposed Project would develop the site consistent with the SWIP Specific Plan. The Project site is within the SWIP SCD that provides for light and heavy manufacturing activities at a maximum FAR of 0.80. The proposed building includes 881,826SF on the 40.01-acre site, which is a FAR of 0.543; and therefore, within the anticipated buildout of the Project site and SWIP area. As detailed in the previous responses, the total number of employees that would result from the buildout of the proposed Project (738) would equate to 3.8 percent of the SCAG projected growth for the City. Therefore, the growth that would result from the Project is within existing projections, and the additional jobs provided by the proposed Project would be within and consistent with SCAG’s growth projections. Thus, the proposed Project would not remove obstacles that would induce growth.

Impact Growth-4 Finding: The Project would not result in the need to expand one or more public service facilities to maintain desired levels of service (Draft Subsequent EIR at p. 5.16-4). Impacts would be less than significant.

Facts in Support of Findings: The proposed Project is expected to incrementally increase the demand for fire protection and emergency response, police protection, and school services. However, as detailed in the Initial Study (Draft Subsequent EIR, Appendix A), the proposed Project would not require development of additional facilities or expansion of existing facilities to maintain existing levels of service. Based on service ratios and buildout projections, the proposed Project would not create a demand for services beyond the capacity of existing facilities. Therefore, an indirect growth inducing impact as a result of expanded or new public facilities that could support other development in addition to the proposed Project would not occur. The proposed Project would not result in significant growth inducing consequences that would require the need to expand public services to maintain desired levels of service.

Impact Growth-5 Finding: The Project would not involve some other action that could encourage and facilitate other activities that could significantly affect the environment (Draft Subsequent EIR at p. 5.6-4). Impacts would be less than significant. 548

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Facts in Support of Findings: The proposed Project does not propose changes to any of the City’s building safety standards (i.e., building, grading, plumbing, mechanical, electrical, or fire codes). The development implemented pursuant to the proposed Project would comply with all applicable City plans, policies, and ordinances. In addition, the Draft Subsequent EIR includes previously approved SWIP Final EIR mitigation measures and new Project specific mitigation measures to ensure that the Project minimizes environmental impacts. The Project would not involve any precedent-setting action that could encourage and facilitate other activities that significantly affect the environment.

Impact Growth-6 Finding: The Project would not result in environmental impacts of induced growth (Draft Subsequent EIR at p. 5.6-5). Impacts would be less than significant.

Facts in Support of Findings: All physical environmental effects from development of the proposed Project have been analyzed in all technical sections of the Draft Subsequent EIR and Initial Study prepared for this Project. For example, activities such as excavation, grading, and construction as required for the development of the proposed Project have been evaluated. Also, all operational aspects of the Project have been analyzed in this Draft Subsequent EIR and through implementation of existing regulations including the General Plan, SWIP SP, and zoning ordinance, and implementation of mitigation measures, environmental impacts from induced growth would not be created. 549

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SECTION VI

SIGNIFICANT IRREVERSIBLE EFFECTS
Section 15126.2(c) of the CEQA Guidelines requires that an EIR discuss “any significant irreversible environmental changes which would be involved in the proposed action should it be implemented.” Generally, a project would result in significant irreversible environmental changes if:
• The project would involve a large commitment of nonrenewable resources; • The project would involve uses in which irreversible damage could result from any potential environmental accidents associated with the project; or • The proposed irretrievable commitments of nonrenewable resources is not justified (e.g., the project involves the wasteful use of energy).

The proposed Project would result in or contribute to the following irreversible environmental changes:
• Lands in the Project site would be committed to light industrial warehouse uses once the proposed building is constructed. Secondary effects associated with this irreversible commitment of land resources include:
o Changes in views associated with construction of the new buildings and associated development [Initial Study (Appendix A)]
o Increased traffic on area roadways (see Section 5.4, Transportation). o Emissions of air pollutants associated with construction and operation (see Section 5.1, Air Quality).
o Consumption of non-renewable energy associated with construction and operation of the proposed Project due to the use of automobiles, trucks, lighting, heating and cooling systems, appliances, etc. [Initial Study (Appendix A)].
o Increased ambient noise associated with an increase in activities and traffic from the proposed Project (see Section 5.3, Noise).
• Construction of the proposed Project as described in Section 3.0, Project Description, would require the use of energy produced from non-renewable resources and construction materials.

As discussed in the Initial Study (Appendix A to the Draft Subsequent EIR), the proposed Project would not involve a large commitment of nonrenewable resources as impacts related to energy were less than significant and would not involve the wasteful use of energy. As detailed in Section 5.1, Air Quality, the City’s Municipal Code Chapter 9, Section V, Industrial Commerce Centers Sustainability Standards, identifies sustainability standards applicable to all warehouse development projects that are intended to improve local air and environmental quality. The Project would also be required to adhere to the California Building Code, California Energy Code Title 24, CalGreen building standards to ensure the efficient use of energy. In addition, the Project would not result in irreversible 550

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damages that could result from any potential environmental accidents as associated with the proposed Project.
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SECTION VII

ALTERNATIVES
The City of Fontana hereby declares that it has considered and rejected as infeasible the alternatives identified in the Draft Subsequent EIR and described below. Section 15126.6 of the State CEQA Guidelines requires an EIR to describe a range of reasonable alternatives to the Project, or to the location of the Project, which could feasibly achieve most of its basic objectives, but would avoid or substantially lessen any of the significant effects identified in the EIR analysis. An EIR is not required to consider every conceivable alternative to a proposed project. Rather, an EIR must consider a reasonable range of alternatives that are potentially feasible; an EIR is not required to consider alternatives that are infeasible. In addition, an EIR should evaluate the comparative merits of the alternatives. Therefore, this section sets forth the potential alternatives to the Project analyzed in the EIR and evaluates them in light of the objectives of the Project, as required by CEQA.

Objectives
The Project Objectives for the proposed Project are the relevant Project Objectives for implementation of the SWIP Specific Plan as listed in the SWIP SP Final EIR and include the following:
• Increase and maintain an increased daytime employment population. • Coordinate land uses and transportation with infrastructure planning. • Embrace flexible and diverse industrial land uses that foster economic development opportunities for the City of Fontana and surrounding areas. • Retain and expand existing businesses and business opportunities. • Improve pedestrian accessibility, vehicular access, and parking to establish safety throughout the SWIP Specific Plan Update area.
• Enhance the streetscape as well as the parking and loading areas throughout the SWIP Specific Plan Update area.
• Coordinate and focus change in the SWIP Specific Plan Update area rather than a complete “removal and replacement” transformation to enhance the sense of place and promote aesthetic improvements.
(Draft Subsequent EIR at p. 6-3)
Alternatives
Key provisions of the State CEQA Guidelines relating to the alternatives analysis (Section 15126.6 et seq.) are summarized below:
• The discussion of alternatives shall focus on alternatives to the Project or its location that are capable of avoiding or substantially lessening any significant effects of the Project, even if these alternatives would impede to some degree the attainment of the Project objectives or would be more-costly.
• The “No Project” alternative shall be evaluated along with its impact. The “No Project” analysis shall discuss the existing conditions, as well as what would be reasonably expected to occur in the foreseeable future if the Project is not approved. 552

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• The range of alternatives required in an EIR is governed by a “rule of reason”; therefore, the EIR must evaluate only those alternatives necessary to permit a reasoned choice. The alternatives shall be limited to ones that would avoid or substantially lessen any of the significant effects of the Project. • For alternative locations, only locations that would avoid or substantially lessen any of the significant effects of the Project need be considered for inclusion in the EIR. • An EIR need not consider an alternative whose effects cannot be reasonably ascertained and whose implementation is remote and speculative.

Rationale for Selecting Potentially Feasible Alternatives The alternatives must include a no-project alternative and a range of reasonable alternatives to the project if those reasonable alternatives would attain most of the project objectives while substantially lessening the potentially significant project impacts. The range of alternatives discussed in an EIR is governed by a “rule of reason,” which the State CEQA Guidelines Section 15126.6(f)(3) defines as:
. . . set[ting] forth only those alternatives necessary to permit a reasoned choice. The alternatives shall be limited to ones that would avoid or substantially lessen any of the significant effects of the Project. Of those alternatives, the EIR need examine in detail only the ones that the lead agency determines could feasibly attain most of the basic objectives of the project. The range of feasible alternatives shall be selected and discussed in a manner to foster meaningful public participation and informed decisionmaking.

Among the factors that may be taken into account when addressing the feasibility of alternatives (as described in the State CEQA Guidelines Section 15126.6(f)([1]) are environmental impacts, site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries, and whether the project proponent could reasonably acquire, control, or otherwise have access to an alternative site. An EIR need not consider an alternative whose effects could not be reasonably identified, and whose implementation is remote or speculative.

For purposes of this analysis, the Project alternatives are evaluated to determine the extent to which they attain the basic Project objectives, while significantly lessening the significant effects of the Project.

Alternatives Not Selected for Analysis
Alternate Site Alternative
An alternative site alternative was considered and eliminated from further consideration.

CEQA specifies that the key question regarding alternative site consideration is “whether any of the significant effects of the project would be avoided or substantially lessened by putting the project at another location.” In addition, an alternative site need not be 553

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considered when implementation is “remote and speculative,” such as when the alternative site is beyond the control of a project applicant.

The proposed Project consists of redevelopment of the site consistent with the existing General Plan and SWIP Specific Plan planned uses for the site, which is currently developed with light industrial uses. There are no suitable alternative sites within the control of the Project applicant (or the City of Fontana) as much of the City is built-out and the SWIP SP area is already planned for urban light industrial development, including warehousing, and is regionally located near I-10 and other light industrial and warehousing uses. In the event land could be purchased of suitable size and developmental characteristics, based on the known general conditions in the City, a similarly sized project at an alternative site would likely have similar impacts to air quality, greenhouse gas emissions, and transportation after mitigation as the proposed Project.

Given the size and nature of the proposed Project and the Project objectives, it would be impractical and infeasible to propose the warehouse on an alternate site in the area and result in fewer environmental impacts. Therefore, analysis of an alternative site for the proposed Project is neither meaningful nor necessary, because the significant impacts resulting from the proposed Project would not be avoided or substantially lessened by its implementation. (Draft Subsequent EIR at p. 6-4)
Finding: The City of Fontana rejects the Alternative Site Alternative, on the following ground, which provides sufficient justification for rejection of this alternative: the Project is location specific and a similarly sized project at an alternative site would have similar impacts to air quality, greenhouse gas emissions, and transportation after mitigation as the proposed industrial development. Therefore, this alternative is eliminated from further consideration.

Alternative Land Use Alternative
The Alternative Land Use Alternative represents an option that would implement a land use (or range of uses) that would result in a reduction or elimination of significant impacts that would occur by the proposed Project. Alternative land uses that may result in a reduction of impacts could include uses such as lower-intensity industrial storage or parking, residential units and/or open space/recreational facilities.

While implementation of the Alternative Land Use Alternative may reduce or eliminate one or more of the proposed Project’s identified significant impacts, this Alternative would not accomplish a number of the Project’s primary objectives, including: increasing and maintaining the daytime employment population; embracing industrial uses that foster economic development; and retaining and expanding existing businesses and opportunities. In addition, such land uses would not be consistent with the trucking intensive industrial uses that surround the Project site. As this Alternative would not address a range of project objectives and may result in land use conflicts, it has been considered and rejected. (Draft Subsequent EIR at p. 6-4) 554

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Finding: The City of Fontana rejects the Alternative Land Use Alternative on the following ground, which provides sufficient justification for rejection of this alternative: the alternative would fail to meet a range of project objectives and may result in land use conflicts. Therefore, this alternative is eliminated from further consideration.

Alternatives Selected for Further Analysis
Alternative 1: No Project/No Build Existing Site Use Alternative. Under this alternative, the proposed Project would not be approved. The existing land use designations would remain. In accordance with the CEQA Guidelines, the No Project Alternative consists of the circumstance under which the project does not proceed.

Section 15126.6(e)(3)(B) of the CEQA Guidelines states that, when the project is a development project on an identifiable property, the “no project” alternative is the circumstance under which the project does not proceed; and the discussion compares the environmental effects of the Project site remaining in its existing state against environmental effects which would occur if the project is approved. Thus, the projected impacts of the proposed Project would be compared to the impacts of the site continuing to be used by ModSpace that uses the site for leasing, storage, and refurbishing of modular trailers, offices, and storage bins. The Project site would remain developed with one building and three modular buildings, totaling 11,590 SF. In addition, the site would continue to be used for stored modular units, scrap metal and recycling collection bins, parking lots, and storage areas. The Project site ground surface would remain in its existing asphalt or gravel condition with limited areas of ornamental landscaping.

Accordingly, Alternative 1: No Project/No Build Existing Site Use Alternative provides a comparison between the environmental impacts of the proposed Project in contrast to the result from not approving, or denying, the proposed Project. Thus, this alternative is intended to meet the requirements of CEQA Guidelines Section 15126.6(e) for evaluation of a no project alternative. (Draft Subsequent EIR at p. 6-5) Alternative 2: Reduced Intensity Alternative. The Reduced Intensity Alternative would reduce the intensity of the proposed warehouse. Alternative 2 would develop a 617,406 SF two story warehouse on the Project site. Consistent with the proposed Project, 25 percent of the building square footage (or 154,352 SF) would be refrigerated for storage of cold goods, and 75 percent of the building square footage would be non-refrigerated (463,055 SF). This represents a 30 percent reduction (264,602 SF) compared to the Project total of 881,826SF. Both the building footprint and second story mezzanine area would be equally reduced by 30 percent. Thus, the Reduced Intensity Alternative building would have a footprint of 522,778 SF. A proportional reduction in the number of loading docks and surface parking area would be part of the Reduced Intensity Alternative. This alternative assumes that access to the site would be similar to the proposed Project with access from driveways on both Hemlock Avenue and Beech Avenue, that sidewalks would be developed along Beech Avenue, and that landscaping would be installed along both roadways adjacent to the site. (Draft Subsequent EIR at p. 6-8) 555

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Alternative 3: SWIP Buildout Alternative. The SWIP SCD provides for light and heavy manufacturing activities at a maximum FAR of 0.80. The proposed Project would develop an approximately 881,826SF warehouse on the 40.01-acre site, which would result in a FAR of 0.543. The SWIP Buildout Alternative would develop the project site at a maximum FAR of 0.80, which would result in approximately 1,394,269 SF two-story warehouse; 25 percent of which (348,567 SF) would be for refrigerated for storage of cold goods, and 75 percent of the building square footage would be non-refrigerated (1,045,702 SF). Both the building footprint and second story mezzanine area would be equally increased. Thus, the SWIP Buildout Alternative would have a larger footprint than the proposed Project. A proportional increase in the number of loading docks and surface parking area would be part of the SWIP Buildout Alternative. This alternative assumes that access to the site would be similar to the proposed Project with access from driveways on both Hemlock Avenue and Beech Avenue, that sidewalks would be developed along Beech Avenue, and that landscaping would be installed along both roadways adjacent to the site. (Draft Subsequent EIR at p. 6-10)
Findings for Alternatives
Alternative 1: No Project/No Build Existing Site Use Alternative.

The No Project/No Build Existing Site Use Alternative would eliminate the significant and unavoidable impacts related to air quality and greenhouse gas emission that would occur from implementation of the proposed Project. In addition, this Alternative would eliminate the need for mitigation related to tribal cultural resources. Further, due to the limited vehicular trips, the project would result in less traffic noise than the proposed Project.

Therefore, the No Project/ No Build Existing Site Use Alternative would reduce overall impacts compared to the proposed Project and avoid significant and unavoidable impacts.

Implementation of the No Project/No Build Existing Site Use Alternative would not meet most of the Project objectives, and of those that are met, they would not be met to the same extent as the proposed Project. This alternative would not increase and maintain an increased daytime population, it would be less flexible to foster economic development opportunities, it would not expand business opportunities, it would not improve pedestrian accessibility, it would not enhance the streetscape, and it does not enhance the sense of place or provide aesthetic improvements. The No Project/ No Build Existing Site Use Alternative comparison to the Project objectives are listed in Table 6-4 of the Draft Subsequent EIR. (Draft Subsequent EIR at p. 6-5)
Finding: The City of Fontana finds that the No Project/No Build Existing Site Use Alternative would eliminate the significant and unavoidable impacts related to air quality and greenhouse gas emission that would occur from the Project. In addition, this alternative would eliminate the need for mitigation related to tribal cultural resources. This alternative would also result in less traffic noise. However, this alternative would fail to meet most of the Project objectives as it would not expand business opportunities, 556

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enhance streetscape, or enhance a sense of place. Each of these reasons, separately and independently, is a sufficient basis upon which to reject this alternative.

Alternative 2: Reduced Intensity Alternative
The Reduced Intensity Alternative would reduce the volume of vehicular trips, which would decrease the impacts related to air quality emissions. However, significant and unavoidable impacts related to greenhouse gas emissions would continue to occur from implementation of this alternative. This alterative would reduce potential impacts related to tribal cultural resources compared to the proposed Project; but the mitigation required for implementation of the proposed Project would continue to be required for the Reduced Intensity Alternative to reduce impacts to a less than significant level. The less than significant impacts related to noise would be consistent with the proposed Project.

Overall, although the volume of impacts would be less by the Reduced Intensity Alternative in comparison to the proposed Project, the Reduced Intensity Alternative would not eliminate the significant and unavoidable greenhouse gas impacts of the proposed Project or eliminate the need for mitigation. Implementation of the Reduced Intensity Alternative would meet the Project objectives, but some of them would not be met to the extent as would be achieved by the proposed Project, as listed in Table 6-4. (Draft Subsequent EIR at p. 6-8)
Finding: The City of Fontana finds that the significant and unavoidable impacts related to greenhouse gas would continue to occur from implementation of the Reduced Intensity Alternative and mitigation would continue to be required. This alternative would not meet the Project objectives to the same extent as the proposed Project. These reasons, separately and independently, is a sufficient basis upon which to reject this alternative.

Alternative 3: SWIP Buildout Alternative
This alternative would not eliminate the significant and unavoidable impacts related to air quality and greenhouse gas emissions that would occur from implementation of the proposed Project. This alternative would result in a 54 (1,368 trips) percent daily increase in vehicular trips in comparison to the proposed Project. Thus, an increase in air quality emissions, greenhouse gas emissions, noise, and traffic would occur in comparison to the proposed Project. In addition, this alternative would not eliminate the potential impacts to tribal cultural resources that would require mitigation to be reduced to a less than significant level. This alternative would meet the Project objectives to the same extent as the proposed Project, as listed in Draft Subsequent EIR Table 6-4. (Draft Subsequent EIR at p. 6-10)
Finding: The City of Fontana finds that the SWIP Buildout Alternative would not eliminate the significant and unavoidable impacts related to air quality and greenhouse gas emissions and would increase air quality emissions, greenhouse gas emissions, and fuel energy, in comparison to the proposed Project. In addition, this alternative would not eliminate the need for mitigation. Implementation of the SWIP Buildout Alternative would 557

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meet the Project objectives to a similar extent as the proposed Project. These reasons, separately and independently, are a sufficient basis upon which to reject this alternative.

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

However, significant and unavoidable impacts related to greenhouse gas emissions would continue to occur from implementation of this alternative. This alternative would reduce potential impacts related to air quality and tribal cultural resources compared to the proposed Project; but the mitigation required for implementation of the proposed Project would continue to be required. The volume of impacts would be reduced by the Reduced Intensity Alternative in comparison to the proposed Project and would be less than the other alternatives evaluated herein, as detailed in Table 6-3. Therefore, the Reduced Intensity Alternative would be the environmentally superior alternative.

However, the Reduced Intensity Alternative would not eliminate the significant and unavoidable impacts of the proposed Project to greenhouse gas emissions or eliminate the need for mitigation.

Regarding Project objectives, the Reduced Intensity Alternative would meet the Project objectives, but some of them would not be met to the extent as would be achieved by the proposed Project, as listed in Table 6-4. The Reduced Intensity Alternative would increase and maintain an increased daytime population but to a 30 percent lesser extent than the proposed Project, it would be less flexible to foster economic development opportunities, it would not expand business opportunities to the same extent as the proposed Project, it would improve pedestrian accessibility, it would enhance the streetscape, and it would enhance the sense of place or provide aesthetic improvements.

However, the proposed Project would better meet these objectives of providing 30 percent more warehousing space to provide more employment, more flexible and diverse land uses, more economic opportunities, more expanding business opportunities. (Draft Subsequent EIR at p. 6-13).

Thus, although environmentally superior, significant and unavoidable impacts related to greenhouse gas emissions would continue to occur, mitigation measures would continue to be required, and some of the Project objectives would not be met to the extent as would be achieved by the proposed Project.

CEQA does not require the lead agency (the City of Fontana) to choose the environmentally superior alternative. Instead, CEQA requires the City to consider environmentally superior alternatives, weigh those considerations against the environmental impacts of the proposed Project, and make findings that the benefits of those considerations outweigh the harm. Based on the considerations described herein, 558

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the City of Fontana finds that the Reduced Intensity Alternative is infeasible based on these environmental, economic, and social factors.
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VIII. STATEMENT OF OVERRIDING CONSIDERATIONS
Introduction
The City of Fontana is the Lead Agency under CEQA for preparation, review and certification of the Subsequent EIR for the Hemlock Warehouse Development Project (Project). As the Lead Agency, the City is also responsible for determining the potential environmental impacts of the proposed action and which of those impacts are significant, and which can be mitigated through imposition of mitigation measures to avoid or minimize those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the benefits of a proposed action against its significant unavoidable adverse environmental impacts in determining whether or not to approve the proposed Project. In making this determination the City is guided by CEQA Guidelines Section 15093, Statement of Overriding Considerations, which states:

CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposal (sic) project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.” When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record.

If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091.

In addition, Public Resources Code Section 21081(b) requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also find that overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects of the project.

Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section 15093, the City has balanced the benefits of the proposed Project against the unavoidable adverse impacts associated with the Project and has adopted all feasible mitigation measures with respect to these impacts. The City also has examined alternatives to the proposed Project, none of which both meets the Project objectives to 560

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the same extent as the Project and is environmentally preferable to the proposed Project for the reasons discussed in the Findings and Facts in Support of Findings.

The City of Fontana, as the Lead Agency for this Project, and having reviewed the Subsequent EIR for the Hemlock Warehouse Development Project, and reviewed all written materials within the City’s public record and heard all oral testimony presented at public hearings, adopts this Statement of Overriding Considerations, which has balanced the benefits of the Project against its significant unavoidable adverse environmental impacts in reaching its decision to approve the Project.

Overriding Considerations
The City, after balancing the specific economic, legal, social, technological, and other benefits of the Project, has determined that the unavoidable adverse air quality and greenhouse gas impacts identified above may be considered acceptable due to the following specific considerations which outweigh the unavoidable, adverse environmental impacts of the Project, each of which standing alone is sufficient to support approval of the Project, in accordance with CEQA Section 21081(b) and CEQA Guideline Section 15093. The specific economic, legal, social, technological, or other benefits of the Project are as follows:
• The Project would result in a decrease in 1,368 vehicular trips in comparison to buildout of the site pursuant to the existing SWIP Specific Plan, which would result in a substantial decrease in air quality emissions, greenhouse gas emissions, fuel energy, and vehicular noise in comparison to the allowable buildout of the site. • The Project would implement roadway, pedestrian, and infrastructure improvements that would provide social and other benefits to the City’s residents. • The Project provides additional jobs that are within SCAG growth projections in an environmentally sustainable manner by providing job opportunities for nearby residents near regional transportation that would reduce vehicle miles traveled. • The City of Fontana has had unemployment rates ranging between 3.6 and 9.5 percent over the last 5 years (EDD 2022). The Project would provide new employment opportunities for people living in Fontana and the surrounding cities.

Most of the new labor and office jobs that would be created by the proposed Project would be positions that are anticipated to be filled by people who would already be living within Fontana and surrounding communities. 561

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SECTION IX

CERTIFICATION OF THE SUBSEQUENT EIR
The City of Fontana finds that it has reviewed and considered the Final Subsequent EIR in evaluating the proposed Project, that the Final Subsequent EIR is an accurate and objective statement that fully complies with CEQA, State CEQA Guidelines and that the Final Subsequent EIR reflects the independent judgment of the City.

The City of Fontana declares that no new significant information as defined by State CEQA Guidelines, section 15088.5 has been received by the City after circulation of the Draft Subsequent EIR that would require recirculation.

The City of Fontana certifies the Subsequent EIR based on the entirety of the record of proceedings, including but not limited to the following findings and conclusions.

Findings:

The following significant environmental impacts have been identified in the Subsequent EIR and will require mitigation as set forth in Section IV of this Resolution but cannot be mitigated to a level of insignificance: air quality (project and cumulative level) and greenhouse gas emissions (project and cumulative level).

Conclusions:

1. Except as to those impacts stated above relating to air quality and greenhouse gas emissions, all significant environmental impacts from the implementation of the proposed Project have been identified in the Subsequent EIR and, with implementation of Project Design Features, existing regulations, and the mitigation measures from the SWIP SP Final EIR and Subsequent EIR, will be mitigated to a level of insignificance.

2. Other alternatives to the proposed Project, which could potentially achieve the basic objectives of the proposed Project, have been considered and rejected in favor of the proposed Project.

3. Environmental, economic, social, and other considerations and benefits derived from the proposed Project override and make infeasible any alternatives to the proposed Project or further mitigation measures beyond those incorporated into the proposed Project.

SECTION X

MITIGATION MONITORING AND REPORTING PLAN
Pursuant to Public Resources Code section 21081.6, the City of Fontana adopts the Mitigation Monitoring and Reporting Plan (MMRP) attached to this Resolution as Exhibit 562

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A. In the event of any inconsistencies between the mitigation measures as set forth herein and the Mitigation Monitoring and Reporting Plan, the Mitigation Monitoring and Reporting Plan shall control.

SECTION XI

CONTENTS AND CUSTODIAN OF RECORDS
The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Fontana Planning Division. The custodian for these records is the City of Fontana. This information is provided in compliance with Public Resources Code section 21081.6.

The record of proceedings for the City’s decision on the Project consists of the following documents, at a minimum:

1. The Initial Study for the Hemlock Warehouse Development Project;

2. The NOP, NOC, and all other public notices issued by the City in conjunction with the Project;

3. All comments submitted by agencies or members of the public during the 59-day comment period on the Draft Subsequent EIR;

4. The Final Subsequent EIR for the Hemlock Warehouse Development Project, including comments timely received on the Draft Subsequent EIR, responses to those comments, and technical appendices;

5. The Mitigation Monitoring and Reporting Plan for the Project;

6. All findings, resolutions and ordinances adopted by the City in connection with the Hemlock Warehouse Development Project, and all documents cited or referred to therein;

7. All reports, studies, memoranda, maps, staff reports, or other planning documents relating to the Project prepared by the City, consultants to the City, or responsible or trustee agencies with respect to the City’s compliance with the requirements of CEQA and with respect to the City’s action on the Hemlock Warehouse Development Project;

8. All documents submitted to the City by other public agencies or members of the public in connection with the Hemlock Warehouse Development Project up though Project approval.

9. Matters of common knowledge to the City, including, but not limited to Federal, State, and local laws and regulations;

10.Any documents expressly cited or referenced in these findings, in addition to those cited above; and
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11.Any other materials required for the record of proceedings by Public Resources Code section 21167.6, subdivision (e).

The following location is where review of the record may be performed:

City of Fontana
Planning Department
8353 Sierra Avenue
Fontana, CA 92335
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Exhibit B - Chapter 4.0 Mitigation Monitoring and
Reporting Program
Introduction
The California Environmental Quality Act (CEQA) requires a lead or public agency that approves or carries out a project for which an Mitigated Negative Declaration has been certified which identifies one or more significant adverse environmental effects and where findings with respect to changes or alterations in the project have been made, to adopt a “…reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment” (CEQA, Public Resources Code Sections 21081, 21081.6).

A Mitigation Monitoring and Reporting Program (MMRP) is required to ensure that adopted mitigation measures are successfully implemented. The City of Fontana is the Lead Agency for the project and is responsible for implementation of the MMRP. This report describes the MMRP for the Project and identifies the parties that will be responsible for monitoring implementation of the individual mitigation measures in the MMRP.

Mitigation Monitoring and Reporting Program
The MMRP for the Project will be active through all phases of the Project, including design, construction, and operation. The attached table identifies the mitigation program required to be implemented by the City for the Project. The table identifies mitigation measures required by the City to mitigate or avoid significant impacts associated with the implementation of the Project, the timing of implementation, and the responsible party or parties for monitoring compliance.

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

In addition to the proposed project mitigation measures identified in the Final Subsequent EIR, this MMRP incorporates various mitigation measures from the Final EIR for the SWIP Specific Plan Update and Annexation, State Clearinghouse (SCH) No. 2009091089, which are identified as SWIP SP FEIR Mitigation Measures. 565

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TABLE 4-1: MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Implementation
Timing Responsible Party
Verification
Method
Date
Completed
and
Initials

AIR QUALITY
SWIP SP FEIR Mitigation Measure

4.2-1a: 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
verification.

Initials:
______
Date:
______
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Mitigation Measure
Implementation
Timing Responsible Party
Verification
Method
Date
Completed
and
Initials
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, all
internal combustion
engines/construction
equipment operating on the
project site shall meet EPACertified Tier 3 emissions
standards, or higher
according to the following:
o Post-January 1, 2015: All
off-road diesel-powered
construction equipment
greater than 50 hp shall
meet the Tier 4 emissions
standards, where
available. In addition, all
construction equipment
shall be outfitted with
BACT devices certified by
CARB. Any emissions
control device used by
the contractor shall
achieve emissions
reductions that are no less
than what could be
achieved by a Level 3
diesel emissions control
strategy for a similarly
sized engine as defined
by CARB regulations.
o A copy of each unit’s
certified tier
specification, BACT
documentation, and
CARB or SCAQMD
operating permit shall be
provided at the time of
mobilization of each
applicable unit of
equipment.

SWIP SP FEIR Mitigation Measure

4.2-1b: 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
Prior to final plan
approval and
issuance of grading
permits;
During construction.

Project
developers/applicants
and construction
contractors
The City will
review
construction
plans
denoting the
proposed
schedule and
projected
Initials:
______
Date:
______
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mobile construction equipment will
be utilized, or that their use was
investigated and found to be
infeasible for the project.

Contractors shall also conform to
any construction measures imposed
by the SCAQMD as well as City
Planning Staff.
equipment
use
SWIP SP FEIR Mitigation Measure

4.2-1c: All paints and coatings shall
meet or exceed performance
standards noted in SCAQMD Rule
1113. Specifically, the following
measures shall be implemented, as
feasible:
• Use coatings and solvents
with a VOC content lower
than that required under
AQMD Rule 1113.
• Construct or build with
materials that do not require
painting.
• Require the use of prepainted construction
materials.

Prior to final plan
approval;
During construction
Construction
contractors
The City
Building and
Safety
Department
will confirm
that this
requirement
appears in
the
construction
specifications
Initials:
______
Date:
______
SWIP SP FEIR Mitigation Measure

4.2-1d: Projects that result in the
construction of more than 19 singlefamily residential units, 40 multifamily residential units, or
45,000 square feet of
retail/commercial/industrial space
shall be required to apply paints
either by hand or high-volume low
pressure (HVLP) spray. These
measures may reduce volatile
organic compounds (VOC)
associated with the application of
paints and coatings by an estimated
60 to 75 percent. Alternatively, the
contractor may specify the use of
low volatility paints and coatings.

Several currently available primers
have VOC contents of less than 0.85
pounds per gallon (e.g., dulux
professional exterior primer 100
percent acrylic). Top coats can be
less than 0.07 pounds per gallon (8
grams per liter) (e.g., Lifemaster
2000-series). This latter measure
would reduce these VOC emissions
Prior to final plan
approval;
During construction
Construction
contractors
The City
Building and
Safety
Department
will confirm
that this
requirement
appears in
the
construction
specifications
and will
verify
compliance
Initials:
______
Date:
______
569

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by more than 70 percent. Larger
projects should incorporate both the
use of HVLP or hand application and
the requirement for low volatility
coatings.

SWIP SP FEIR Mitigation Measure

4.2-1e: All asphalt shall meet or
exceed performance standards
noted in SCAQMD Rule 1108.

Prior to final plan
approval;
During construction
Construction
contractors
The City
Building and
Safety
Department
will confirm
that this
requirement
appears in
the
construction
specifications
and will
verify
compliance
Initials:
______
Date:
______
SWIP SP FEIR Mitigation Measure

4.2-1f: 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,
the following:
• 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
Prior to issuance of
grading permits
and final plan
approval;
During construction
Project applicants;
Construction
contractors
The City
Building and
Safety
Department
will confirm
that this
requirement
appears in
the
construction
specifications
Initials:
______
Date:
______
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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 tires 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 tightfitting 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.

SWIP SP FEIR Mitigation Measure

4.2-2a: All “large-scale” (e.g., over
10 acres per day) project Applicants
shall provide incentives to use mass
transit including the placement of bus
stop shelters along major
thoroughfares if not so equipped.
(City Staff shall determine what
denotes a “large-scale” project.)
Prior to final plan
approval;
During construction
and operation
Project
developers/applicants
and tenants
Prior to final
plan
approval;
the City will
verify
compliance
prior
to the
issuance of
Certificate
of
Occupancy
Initials:
______
Date:
______
571

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4.2-2c: All industrial and commercial
facilities shall post signs requiring
that trucks shall not be left idling for
prolonged periods pursuant to Title
13 of the California Code of
Regulations, Section 2485, which
limits idle times to not more than five
minutes.

After construction Project Developers
/Applicants;
construction
contractors
Prior to final
plan
approval;
the City will
verify
compliance
prior
to the
issuance of
Certificate
of
Occupancy
Initials:
______
Date:
______
SWIP SP FEIR Mitigation Measure

4.2-2d: The City shall require that
both industrial and commercial uses
designate preferential parking for
vanpools.

After construction Project Developers The City of
Fontana will
verify
compliance
prior to
the issuance
of
Certificate
of
Occupancy
Initials:
______
Date:
______
SWIP SP FEIR Mitigation Measure

4.2-2e: The proposed commercial
and industrial areas shall
incorporate food service.

Project
planning/approval;
After construction
Project
developers/applicants
The City of
Fontana will
verify
compliance
prior to
the issuance
of
Certificate
of
Occupancy
Initials:
______
Date:
______
SWIP SP FEIR Mitigation Measure

4.2-2f: All industrial and commercial
site tenants with 50 or more
employees shall be required to post
both bus and MetroLink schedules in
conspicuous areas.

After construction;
during
operation
Industrial and
commercial site
tenants
The City of
Fontana will
verify
compliance
prior to
the issuance
of
Certificate
of
Occupancy
Initials:
______
Date:
______
SWIP SP FEIR Mitigation Measure

4.2-2g: All industrial and commercial
site tenants with 50 or more
employees shall be requested to
configure their operating schedules
around the MetroLink schedule to the
extent reasonably feasible.

During project
entitlement
City of Fontana
Planning Department
Planning
Department
will make
request and
verify
compliance
Initials:
______
Date:
______
SWIP SP FEIR Mitigation Measure

4.2-2j: All residential, commercial,
and industrial structures shall be
Plan check prior to
construction
Project developers The City will
verify Initials:
______
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required to incorporate light colored
roofing materials.
compliance
at plan
check and
prior to
issuance of
Certificate
of
Occupancy
Date:
______
SWIP SP FEIR Mitigation Measure

4.2-2k: Prior to approval of future
development projects within the
project area, the City of Fontana
shall conduct project‐level
environmental review to determine
potential vehicle emission impacts
associated with the project(s).

Mitigation measures shall be
developed for each project as it is
considered to mitigate potentially
significant impacts to the extent
feasible. Potential mitigation
measures may require that facilities
with over 250 employees (full or
part‐time employees at a worksite
for a consecutive six‐month period
calculated as a monthly average), as
required by the Air Quality
Management Plan, implement
Transportation Demand
Management (TDM) programs.

Prior to Project
Approval
City of Fontana
Planning Department
The City
Planning
Department
will obtain
and review
Project
employment
to implement
a TDM
program
prior to
issuance of
Certificate
of
Occupancy.

Initials:
______
Date:
______
SWIP SP FEIR Mitigation Measure

4.2-2l: New warehouse facilities or
distribution centers that generate a
minimum of 100 truck trips per day,
or 40 truck trips with transport
refrigeration units (TRUs) per day, or
TRU operations exceeding 300 hours
per week shall not be located closer
than 1,000 feet from any existing or
proposed sensitive land use such as
residential, a hospital, medical
offices, day care facilities, and/or
fire stations (pursuant to the
recommendations set forth in the
CARB Air Quality and Land Use
Handbook).

Prior to Project
Approval
City of Fontana
Planning Department
The City
Planning
Department
will review
project
location and
sensitive
land uses.

Initials:
______
Date:
______

BIOLOGICAL RESOURCES
SWIP SP FEIR Mitigation Measure

4.3-1a: The City of Fontana Planning
Department shall require that all
future project applicants prepare a
Biological Assessment prior to the
Prior to grading
permits
Project
developer/City
Planning Department
The City
Planning
Department
will obtain
and review
Initials:
______
Date:
573

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issuance of grading permits. The
Biological Assessment shall include a
vegetation map of the proposed
project area, analysis of the impacts
associated with plant and animal
species and habitats, and conduct
habitat evaluations for burrowing
owl, Delhi Sands flower-loving fly,
San Diego pocket mouse, western
mastiff bat, western yellow bat, and
San Diego desert woodrat. If any of
these species are determined to be
present, then coordination with the
U.S. Fish and Wildlife Service
and/or California Department of
Fish and Game shall be conducted to
determine what, if any, permits or
clearances are required prior to
development.
vegetation
info prior to
issuance of
grading
permits.
______
SWIP SP FEIR Mitigation Measure

4.3-1b: Any future land disturbance
for site-specific developments within
the Project site shall be conducted
outside of the State-identified bird
nesting season (February 15 through
September 1). If construction during
the nesting season must occur, the site
shall be evaluated by a Cityapproved biologist prior to ground disturbance to determine if nesting
birds exist on site. If any nests are
discovered, the biologist shall
delineate an appropriate buffer
zone around the nest, depending on
the species and type of construction
activity. Only construction activities
approved by the biologist shall take
place within the buffer zone until the
nest is vacated.

Before and during
construction
Construction
contractors; site
supervisors
The City
Building and
Safety
Department
will examine
project
contracts for
these
requirements
and monitor
for
compliance
Initials:
______
Date:
______
SWIP SP FEIR Mitigation Measure

4.3-1c: Prior to any ground
disturbance, trees scheduled for
removal shall be evaluated by a
City-approved biologist for roosting
bats. If a roost is present the
biologist will develop a plan to
minimize impacts to the bats to the
greatest extent feasible.

Prior to grading
permits
Project
developer/City
Building and Safety
Department
The City
Building and
Safety
Department
will examine
project
contracts for
these
requirements
and monitor
for
compliance
Initials:
______
Date:
______

GEOLOGY AND SOILS
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4.4-3b: Should mitigation monitoring
be recommended for a specific
project within the Project site
(Specific Plan Update), the
Mitigation 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
shall 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.

Before and during
grading
Project developer,
Qualified
paleontological
monitor,
City Building and
Safety Department
The City will
verify
project
specifications
include
requirement
to halt work
until a
monitor is
present; City
shall also
monitor to
ensure
protection/
preservation
measures
are
implemented
for
discovered
resources by
requiring
periodic
reports from
the
developer
for review
and
approval
Initials:
______
Date:
______
Proposed Project Mitigation
Measure GEO-1: Paleontological
Resources Management Program
(PRMP). A paleontological resource
management program (PRMP) is
required prior to the issuance of a
grading permit. The PRMP shall, at a
minimum, implement the following
standard procedures:

1. The applicant shall retain a
qualified paleontologist (Project
Paleontologist) approved by the
City to create and implement a
Project-specific plan for
monitoring site grading/
earthmoving activities.

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2. The Project paleontologist
retained shall monitor mass
grading and excavation
activities in areas identified as
likely to contain paleontological
resources shall be performed by
a qualified paleontologist or
paleontological monitor. Starting
at the surface, monitoring should
be conducted full-time in areas of
grading or excavation in
undisturbed sediments of alluvial
fan deposits.

3. Paleontological monitors will be
equipped to salvage fossils as
they are unearthed to avoid
construction delays. The monitor
must be empowered to
temporarily halt or divert
equipment to allow removal of
abundant or large specimens in a
timely manner. Monitoring may
be reduced if the potentially
fossiliferous units are not present
in the subsurface, or, if present,
are determined on exposure and
examination by qualified
paleontological personnel to
have low potential to contain
fossil resources. The monitor shall
notify the Project paleontologist,
who will then notify the
concerned parties of the
discovery.

4. Paleontological salvage during
trenching and boring activities is
typically from the generated
spoils and does not delay the
trenching or drilling activities.

Fossils are collected and placed
in cardboard flats or plastic
buckets and identified by field
number, collector, and date
collected. Notes are taken on the
map location and stratigraphy of
the site, which is photographed
before it is vacated, and the
fossils are removed to a safe
place. On mass grading projects,
discovered fossil sites are
protected by flagging to prevent
them from being overrun by
earthmovers (scrapers) before
implemented
for
discovered
resources by
requiring
periodic
reports from
the
developer
for review
and
approval
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salvage begins. Fossils are
collected in a similar manner, with
notes and photographs being
taken before removing the
fossils. Precise location of the site
is determined with the use of
handheld GPS units. If the site
involves remains from a large
terrestrial vertebrate, such as
large bone(s) or a mammoth tusk,
that is/are too large to be easily
removed by a single monitor, a
fossil recovery crew shall
excavate around the find, encase
the find within a plaster and
burlap jacket, and remove it
after the plaster is set. For large
fossils, use of the contractor’s
construction equipment may be
solicited to help remove the
jacket to a safe location.

5. Isolated fossils are collected by
hand, wrapped in paper, and
placed in temporary collecting
flats or five-gallon buckets. Notes
are taken on the map location
and stratigraphy of the site, which
is photographed before it is
vacated, and the fossils are
removed to a safe place.

6. In accordance with the “Microfossil
Salvage” section of the Society
of Vertebrate Paleontology
guidelines (2010:7), bulk
sampling and screening of finegrained sedimentary deposits (including carbonate-rich
paleosols) must be performed if
the deposits are identified to
possess indications of producing
fossil “microvertebrates” to test
the feasibility of the deposit to
yield fossil bones and teeth.

7. In the laboratory, individual fossils
are cleaned of extraneous
matrix, any breaks are repaired,
and the specimen, if needed, is
stabilized by soaking in an
archivally approved acrylic
hardener (e.g., a solution of
acetone and Paraloid B-72).

8. Recovered specimens are
prepared to a point of
577

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identification and permanent
preservation (not display),
including screen-washing
sediments to recover small
invertebrates and vertebrates.

Preparation of individual
vertebrate fossils is often more
time-consuming than for
accumulations of invertebrate
fossils.

The paleontological program
should include a written
repository agreement prior to
the initiation of mitigation
activities. Prior to curation, the
lead agency (e.g., the City of
Fontana) will be consulted on the
repository/museum to receive the
fossil material.

10. A final report of findings and
significance will be prepared,
including lists of all fossils
recovered and necessary maps
and graphics to accurately
record their original location(s).

The report, when submitted to
and accepted by the
appropriate lead agency, will
signify satisfactory completion of
the Project program to mitigate
impacts to any potential
nonrenewable paleontological
resources (i.e., fossils) that might
have been lost or otherwise
adversely affected without such a
program in place.

GREENHOUSE GAS EMISSIONS
SWIP SP FEIR Mitigation Measure

4.2-5a: Prior to the issuance of
building permits, future development
projects shall demonstrate the
incorporation of project design
features that achieve a minimum of

28.5 percent reduction in GHG
emissions from business as usual
Prior to project
approval
Project
Developers
/applicants,
architects and
construction
contractors
The City of
Fontana
Planning
Department
will review
project
plans for
compliance
and the City
Initials:
______
Date:
______
578

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conditions. Future project shall
include:

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 building 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,
appliances and equipment,
and control 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 infrastructure and
facilities in compliance with
Municipal Code Chapter 9,
Article V, Industrial Commerce
Centers Sustainability
Standards.
• Use combined heat and
power in appropriate
applications.

Water Conservation and Efficiency
• Create water-efficient
landscapes with a preference
for a xeriscape landscape
palette.
will verify
compliance
after
construction,
prior to
issuance of
Certificate
of
Occupancy
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• Install water-efficient
irrigation systems and devices,
such as soil moisture-based
irrigation controls.
• Design buildings to be water
efficient. Install waterefficient fixtures and
appliances (e.g., EPA
WaterSense labeled
products).
• 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.

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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 a 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 website or
message board for
coordinating rides).
• Create 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
581

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that encourage bicycle
commuting (e.g., locked
bicycle storage or covered or
indoor bicycle parking).
• Create bicycle lanes and
walking paths directed to the
location of schools, parks, and
other destination points.

HAZARDS AND HAZARDOUS MATERIALS
SWIP SP FEIR Mitigation Measure

4.5-1a: 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 schools, child-care
centers, and senior enters, shall not to be
located near existing sites that use, store,
or generate hazardous materials.

Prior to Certificate
of Occupancy
Project
applicants / City of
Fontana Building
Department
The City of
Fontana
Building and
Safety
Department
shall verify
compliance
prior to
Certificate
of
Occupancy
issuance
Initials:
______
Date:
______
SWIP SP FEIR Mitigation Measure

4.5-1b: The City shall assure the
continued response and capability of the
San Bernardino County Fire
Department/Fontana Fire Protection
District to handle hazardous materials
incidents in the City and along the
sections of freeways that extend across
the City.

Prior to Certificate
of Occupancy
City of Fontana
Building Department
The City of
Fontana
Building and
Safety
Department
shall verify
prior to
Certificate
of
Occupancy
Issuance for
uses that
involve
substantial
hazardous
materials
Initials:
______
Date:
______
SWIP SP FEIR Mitigation Measure

4.5-1c: 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.

Prior to issuance of
Certificate of
Occupancy
City of Fontana
Building Department
The City of
Fontana
Building and
Safety
Department
shall verify
compliance
prior to
Certificate
of
Occupancy
issuance
Initials:
______
Date:
______
SWIP SP FEIR Mitigation Measure

4.5-1d: The City shall identify
roadways along which hazardous
Prior to issuance of
Certificate of
Occupancy
The City of Fontana
Building Department
The City of
Fontana
Building and
Initials:
______
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Attachment No. 5

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materials are routinely transported.

If essential facilities, such as schools,
hospitals, childcare centers, or other
facilities with special evacuation
needs are located along these
routes, identify emergency response
plans that these facilities can
implement in the event of an
unauthorized release of hazardous
materials in their area.

Safety
Department
shall verify
compliance
prior to
Certificate
of
Occupancy
issuance
Date:
______
SWIP SP FEIR Mitigation Measure

4.5-6a: Prior to the issuance of
grading permits, future developers
shall prepare a Traffic Control Plan
for implementation during the
construction phase. The Plan may
include the following provisions,
among others:
• At least one unobstructed lane
shall be maintained in both
directions on surrounding
roadways.
• At any time that only a single
lane is available, the developer
shall provide a temporary
traffic signal, signal carriers (i.e.,
flagpersons), or other
appropriate traffic controls to
allow travel in both directions.
• If construction activities require
the complete closure of a
roadway segment, the
developer shall provide
appropriate signage indicating
detours/alternative routes.

Prior to issuance of
Grading Permit
City of Fontana
Planning Department
The City of
Fontana
Building and
Safety
Department
shall
approve
Traffic
Control Plan
prior to
issuance of
grading
permits
Initials:
______
Date:
______
SWIP SP FEIR Mitigation Measure

4.5-6b: Prior to construction, the City
of Fontana Engineering Department
shall consult with the City of Fontana
Police Department to disclose
temporary closures and alternative
travel routes, in order to ensure
adequate access for emergency
vehicles when construction of future
projects would result in temporary
lane or roadway closures.

Prior to
Construction
City of Fontana
Engineering
Department
The City of
Fontana
Engineering
Department
shall
approve
Traffic
Control Plan
prior to
issuance of
demolition,
construction,
or grading
permits
Initials:
______
Date:
______
NOISE
PPP NOI-1: Construction Noise. As
required by Fontana Municipal
During construction Project developer/
Construction
The City of
Fontana Initials:
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Code Section 18-63(b)(7),
construction activities shall only take
place between the hours of 7:00
a.m. and 6:00 p.m. on weekdays
and 8:00 a.m. and 5:00 p.m. on
Saturdays. Construction activities
conducted outside of these hours
would require previous approval
from the City of Fontana.
contractor/ City of
Fontana Building
Department
Building and
Safety
Department
demolition,
grading, and
construction
permitting;
and monitor
for
compliance
______
Date:
______
SWIP SP FEIR Mitigation Measure

4.7-1b: Should potential future
development facilitated by the
proposed project require off-site
import/export of fill material during
construction, trucks shall utilize a
route that is least disruptive to
sensitive receptors, preferably
major roadways (Interstate 10,
Interstate 15, State Route 60, Sierra
Avenue, Beech Avenue, Jurupa
Avenue, and Slover Avenue).

Construction trucks should, to the
extent practical, avoid the weekday
and Saturday a.m. and p.m. peak
hours (7:00 a.m. to 9:00 a.m. and
4:00 p.m. to 6:00 p.m.).

Prior to
Construction
Project developer/
Construction contractor
/ City of Fontana
Building Department
The City of
Fontana
Engineering
Department
shall
approve
Traffic
Control Plan
prior to
issuance of
demolition,
construction,
or grading
permits; and
monitor for
compliance
Initials:
______
Date:
______

TRIBAL CULTURAL RESOURCES
SWIP SP FEIR Mitigation Measure

4.4-1b: If any historical resources
and/or human 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.

Before and during
grading
Project developer,
Qualified
archaeologist;
City Building and
Safety Department
The City will
verify
project
specifications
include
requirement
to halt work
until a
monitor is
present; City
shall also
monitor to
ensure
protection/
preservation
measures
are
implemented
for
discovered
resources by
requiring
periodic
reports from
the
Initials:
______
Date:
______
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developer
for review
and
approval
SWIP SP FEIR Mitigation Measure

4.4-2a: 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 prehistoric
resources, a field survey for
prehistoric 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 sacred land
resources, the Native American
Heritage Commission shall be
contacted for information
regarding sacred lands.
• All prehistoric resources shall be
inventoried using appropriate
State record forms and two (2)
copies of the completed forms
shall be submitted to the San
Bernardino County
Archaeological Information
Center.
• The significance and integrity of
all prehistoric resources within
the project site shall be
evaluated using criteria
established in the CEQA
Guidelines for important
archaeological resources.
• If human remains are
encountered on the project site,
the San Bernardino County
Coroner’s Office shall be
contacted within 24 hours of the
find, and all work shall be
halted until a clearance is given
by that office and any other
involved agencies.
• All resources and data
collected within the project site
shall be permanently curated
Before and during
grading
Project developer,
Qualified
archaeologist;
City Building and
Safety Department
The City will
verify
project
specifications
include
requirement
to halt work
until a
monitor is
present; City
shall also
monitor to
ensure
protection/
preservation
measures
are
implemented
for
discovered
resources by
requiring
periodic
reports from
the
developer
for review
and
approval
Initials:
______
Date:
______
585

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at an appropriate repository
within the County.

SWIP SP FEIR Mitigation Measure

4.4-2b: 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. 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 as 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 County
Archaeological Information
Center for permanent
archiving.

Before and during
grading
Project developer,
Qualified
archaeologist;
City Building and
Safety Department
The City will
verify
project
specifications
include
requirement
to halt work
until a
monitor is
present; City
shall also
monitor to
ensure
protection/
preservation
measures are
implemented
for
discovered
resources by
requiring
periodic
reports from
the
developer for
review and
approval
Initials:
______
Date:
______
SWIP SP FEIR Mitigation Measure

4.4-2c: Where consistent with
applicable local, State and federal
Before and during
grading
Project developer, The City will
verify
project
Initials:
______
586

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law and deemed appropriate by
the City, future site-specific
development projects shall consider
the following requests by the
consulting tribes as appropriate:
• 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.

Work on the overall Project may
continue during this period;
• Initiate consultation between the
appropriate Native American
tribal entity (as determined by a
qualified archaeologist meeting
Secretary of Interior standards)
and the City/Project Applicant;
• Transfer cultural resources
investigations to the
appropriate Native American
entity (as determined by a
qualified archaeologist meeting
Secretary of Interior standards)
as soon as possible;
• Utilize a Native American
Monitor from the appropriate
Native American entity (as
determined by a qualified
archaeologist meeting
Secretary of Interior standards)
where deemed appropriate or
required by the City, during
initial ground-disturbing
activities, cultural resource
surveys, and/or cultural resource
excavations.

Qualified
archaeologist, Native
American Monitor,
the City of Fontana
specifications
include
requirement
to halt work
until a
monitor is
present; City
shall also
monitor to
ensure
protection/
preservation
measures
are
implemented
for
discovered
resources by
requiring
periodic
reports from
the
developer
for review
and
approval
Date:
______
Mitigation Measure CUL-1:

Archaeological Monitoring. Prior to
the issuance of the first grading
permit, the applicant shall provide a
letter to the City Planning
Department, or designee, from a
qualified professional archaeologist
meeting the Secretary of Interior’s
Professional Qualifications for
Archaeology as defined at 36 CFR
Prior to the
issuance of the first
grading permit
Project developer,
Qualified
archaeologist,
the City of Fontana
The City will
verify
project
specifications
include
requirement
to not
commence
work until a
monitor is
Initials:
______
Date:
______
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Part 61, Appendix A and with
knowledge of tribal resources,
stating that qualified archaeologists
have been retained and will be
present at pre-grade meetings and
for all initial ground disturbing
activities, up to five feet in depth.
• Upon discovery of any tribal
cultural or archaeological
resources, cease construction
activities in the immediate
vicinity of the find until the find
can be assessed. All tribal
cultural and archaeological and
tribal monitor/consultant, if the
resources are Native American
in origin, interested Tribes (as a
result of correspondence with
area Tribes) shall coordinate
with the landowner regarding
treatment and curation of these
resources. Typically, the Tribe
will request preservation in
place or recovery for
educational purposes. Work
may continue on other parts of
the project while evaluation
takes place.
• Preservation in place shall be
the preferred manner of
treatment. If preservation in
place is not feasible, treatment
may include implementation of
archaeological data recovery
excavation to remove the
resource along the subsequent
laboratory processing and
analysis. All Tribal Cultural
Resources shall be returned to
the Tribe. Any historic
archaeological material that is
not Native American in origin
shall be curated at a public, nonprofit institution with a research interest in the materials, if such
an institution agrees to accept
the material. If no institution
accepts the archaeological
material, it shall be offered to
the Tribe or a local school or
historical society in the area for
educational purposes.
present; City
shall also
monitor to
ensure
protection/
preservation
measures
are
implemented
for
discovered
resources by
requiring
periodic
reports from
the
developer
for review
and
approval
588

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• Archaeological and Native
American monitoring and
excavation during construction
projects shall be consistent with
current professional standards.

All feasible care to avoid any
unnecessary disturbance,
physical modification, or
separation of human remains
and associated funerary objects
shall be taken. Principal
personnel shall meet the
Secretary of the Interior
standards for archaeology and
have a minimum of 10 years’
experience as a principal
investigator working with Native
American archaeological sites in
southern California. The
Qualified Archaeologists shall
ensure that all other personnel
are appropriately trained and
qualified.
589

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RESOLUTION PC NO. 2024-___

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

FONTANA RECOMMENDING THAT THE CITY COUNCIL, PURSUANT

TO THE PREVIOUSLY CERTIFIED SUBSEQUENT ENVIRONMENTAL

IMPACT REPORT FOR THE HEMLOCK WAREHOUSE PROJECT,
APPROVE DEVELOPMENT AGREEMENT NO. 24-002 TO PROVIDE

FOR AN EXTENSION OF TIME FOR ENTITLEMENTS AND ADDED

ENVIRONMENTAL ENHANCEMENT MEASURES FOR

CONSTRUCTION OF THE HEMLOCK INDUSTRIAL COMMERCE
CENTER DEVELOPMENT PROJECT APPROXIMATELY 881,826
SQUARE FEET ON APPROXIMATELY 40.01 GROSS ACRES (APNS:
0237-131-25, 0237-131-26, AND 0237-131-27)
WHEREAS, on June 19, 1964, Assessor Parcel Numbers (“APNs”) 0237-131-25, 0237-131-26, 0237-131-27 totaling approximately 40 acres were annexed from San Bernadino County into the City of Fontana (the “Property”); and WHEREAS, on January 18, 2024, the City of Fontana (“City”) received an application from Prologis (“Applicant”) for Development Agreement (AGR) No. 24-002 to provide for extended timing of entitlements and additional environmental enhancement measures in association with the Hemlock Industrial Commerce Center Development Project for construction of a new 881,826 square foot warehouse building and associated improvements for the Property; and
WHEREAS, the City has prepared a Draft Subsequent Environmental Impact Report (EIR) (SCH No. 2009091089), which tiers from the City of Fontana’s Final EIR for the Southwest Industrial Park (SWIP) Specific Plan Update and Annexation (SCH No. 2009091089), for the Hemlock Warehouse Development Project (Project or proposed Project) that was available for public review pursuant to Title 14 of the California Code of Regulations, Section 15087; and
WHEREAS, the City has prepared a Final Subsequent Environmental Impact Report (“Final SEIR”), consisting of the comments received during the 45-day public review and comment period on the Draft EIR, written responses to those comments, revisions to the Draft SEIR, and an errata making minor, non-substantive changes to the Final EIR. For the purposes of this Resolution, the “SEIR” shall refer to the Draft SEIR, as revised by the Final SEIR, together with the other sections of the Final SEIR; and WHEREAS, the information contained in Final SEIR (State Clearing House No. 2009091089) prepared for the Proposed Project has been circulated for the Proposed Project and has been submitted with the inclusion of a Statement of Overriding 590

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Consideration and a Mitigation Monitoring and Reporting Program (“MMRP”); and WHEREAS, pursuant to Resolution PC No. 24-____, the Fontana Planning Commission (“Planning Commission”) adopted environmental findings, a Statement Of Overriding Considerations pursuant to CEQA, certified the SEIR, adopted the MMRP, and approved the Project; and
WHEREAS, the City Council ("City Council") of the City is authorized by California Government Code sections 65864 et seq. and section 30-322 of the City's Development Code ("Development Code") to enter into an agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and WHEREAS, the City has found that development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and
WHEREAS, because of the logistics, magnitude of the expenditure, and considerable lead time required to plan and develop the Property, Applicant has proposed to enter into AGR No. 24-002 concerning the Property, to provide assurances that the Property can be developed without disruption caused by a change in the City’s planning policies and requirements except as provided in the development agreement, which assurances will thereby reduce the actual or perceived risk of planning for and proceeding with development of the Property; and WHEREAS, the City of and Applicant are supportive of entering into a development agreement whereby Applicant has acquired the Property; and WHEREAS, Applicant's interest in the Property constitutes a legal or equitable interest in real property pursuant to California Government Code section 65865; and WHEREAS, Applicant proposes the development of an 881,826 square foot industrial commerce center building to achieve the goals of the City's General Plan ("General Plan"), as further described and conditioned in AGR No. 24-002; and 591

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WHEREAS, City desires the timely, efficient, orderly and proper development of the Project in furtherance of the goals of the General Plan; and WHEREAS, City has found that AGR No. 24-002 attached hereto as Exhibit A and incorporated herein by reference is consistent with City's General Plan and it has been reviewed and evaluated in accordance with Section 30-102 of the City Development Code; and
WHEREAS, City has determined that by entering into the development agreement: (i) City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan and (ii) City will benefit from increased employment and industrial opportunities created by the Project for residents of the City; and
WHEREAS, AGR No. 24-002, is consistent with the goals and policies of the General Plan; and
WHEREAS, on March 8, 2024, a notice of the public hearing was published in the San Bernardino Sun newspaper, at City Hall and at the Property; and WHEREAS, the owners of property within 660 feet of the Property were notified via public hearing notice mailer prior to the public hearing; and WHEREAS, all the notices required by statute and the Fontana Municipal Code (“FMC”) have been given as required; and
WHEREAS, on March 19, 2024, a duly noticed public hearing AGR No. 24-002 was held by the Fontana Planning Commission (“Planning Commission”) to consider testimony and evidence presented by the Applicant, City staff, and other interested parties; and
WHEREAS, on March 19, 2024, the Planning Commission carefully considered all information, evidence, and testimony presented at its public hearing on AGR No. 24-002; and
WHEREAS, the terms and conditions of the development agreement have undergone review by City at publicly noticed hearings and have been found to be fair, just and reasonable, and consistent with the General Plan.

WHEREAS, the City believes:
(i) the economic interests of the City's citizens and the public health, safety and 592

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welfare will be best served by entering into the development agreement; (ii) the development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Property is located; (iii) the development agreement is consistent with the General Plan; (iv) the development agreement is in conformity with the public convenience, general welfare and good land use practice;
(v) the development agreement will not be detrimental to the public health, safety and general welfare; and
(vi) the development agreement will not adversely affect the orderly development or the preservation of property values for the Property or any other property; and
WHEREAS, the City wishes to protect and preserve the quality of the life throughout the City, through effective land use and planning; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, the Planning Commission RESOLVES as follows:

Section 1. Recitals. The above recitals are true, correct and incorporated herein by reference.

Section 2. CEQA. The Planning Commission has reviewed and considered the previously certified SEIR and MMRP, any oral or written comments received, and the administrative record prior to making any recommendation on the Proposed Project. The Planning Commission recommends that the City Council find that the previously certified SEIR and MMRP contains a complete and accurate reporting of all the environmental impacts associated with the Project. The Planning Commission further recommends that the City Council find that the previously certified SEIR and MMRP, have been completed in compliance with the 2019 Local CEQA Guidelines and the State CEQA Guidelines.

Section 3. Development Agreement Findings. Based on the entire record before the Planning Commission and all written and oral evidence presented, the Planning Commission finds that this development agreement promotes the public health, safety and welfare of the community because AGR No. 24-002 will enable 593

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needed public improvements at the Property and the economic development of the Property will benefit the citizens of the City.

The Planning Commission further finds that among the public benefits to accrue to the residents of the City as a result of AGR No. 24-002 are:

1. The revitalization of an underdeveloped site.

2. The development of onsite infrastructure upgrades that would not occur otherwise.

3. The generation of additional property tax.

4. The stimulation of adjacent areas in the City by introducing new industrial facility and opportunities.

5. The implementation of numerous City planning and economic development policies which benefit the health and fiscal welfare of the City and its residents.

6. The payment of a public benefit fee from the Applicant to the City to offset certain private benefits received by Applicant under the development agreement.

7. The revitalization of an underdeveloped site.

8. The development of onsite infrastructure upgrades that would not occur otherwise.

9. The generation of additional property tax.

10.The stimulation of adjacent areas in the City by introducing new industrial facility and opportunities.

11.The implementation of numerous City planning and economic development policies which benefit the health and fiscal welfare of the City and its residents.

12.The payment of a public benefit fee from the Applicant to the City to offset certain private benefits received by Applicant under the development agreement.

Section 4. Development Agreement Approval. Based on the foregoing, the Planning Commission hereby recommends that the City Council adopt an ordinance approving AGR No. 24-002.

Section 5. Resolution Regarding Custodian of Record. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335.

This information is provided in compliance with Public Resources Code section 21081.6.

Section 6. Certification. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.

Section 7. Effective Date. This Resolution shall become effective immediately upon its adoption.

Section 8. Severability. If any provision of this Resolution or the application of 594

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any provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application.

PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 19th day of March 2024.

City of Fontana
___________________________
Cathline Fort, Chairperson
ATTEST:

I, Ricardo Quintana, Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on this 19th day of March, 2024, by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Ricardo Quintana, Secretary
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EXHIBIT "A"

DEVELOPMENT AGREEMENT
Recorded at request of: )
Clerk, City Council )
City of Fontana )
)
When recorded return to: )
City of Fontana )
8353 Sierra Avenue )
Fontana, CA 92335 )
Attention: City Clerk )
)
Exempt from Filing Fees, Government Code
Section 6103
DEVELOPMENT AGREEMENT (AGR) NO. 24-002

A DEVELOPMENT AGREEMENT BETWEEN

CITY OF FONTANA
a California Municipal Corporation
(“City”)
and
PROLOGIS EXCHANGE 11115 HEMLOCK AVENUE LLC
(“Owner”)
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DEVELOPMENT AGREEMENT (AGR) NO. 24-002
This Development Agreement (hereinafter “Agreement”) is entered into effective on the date it is recorded with the San Bernardino County Recorder (hereinafter the “Effective Date”) by and among the City of Fontana, a California municipal corporation (hereinafter, “CITY”), and PROLOGIS EXCHANGE 11115 Hemlock Avenue LLC, a __________ corporation (hereinafter, “OWNER”):

RECITALS
WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864 et seq. of the Government Code; and WHEREAS, OWNER has requested CITY to enter into a development agreement with respect to the redevelopment of that certain real property (APN Nos. 0237-131-25, 0237-131-26 and 0237-131-27) located at 11115 Hemlock Avenue in the City of Fontana, and situated south of Santa Ana Avenue, north of Jurupa Avenue, east of Hemlock Avenue, and west of Beech Avenue in the CITY, as more particularly described on Exhibit “A” and shown on Exhibit “B” to this Agreement (the “Property”), and proceedings have been taken in accordance with the rules and regulations of CITY; and
WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils of CITY by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of CITY; and WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY and the City Council and have been found to be fair, just and reasonable; and
WHEREAS, the best interests of the citizens of the CITY and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, prior to the adoption of the Development Approvals described in this Agreement, the Planning Commission of the City of Fontana reviewed and considered the Supplemental Environmental Impact Report (“SEIR”) and Mitigation Monitoring and Reporting Program (“MMRP”) and made findings concerning the SEIR and MMRP in accordance with CEQA and the State and City CEQA Guidelines; and WHEREAS, OWNER has filed an application for, and the City Council has approved, Design Review (DRP) No. 22-064 and Tentative Parcel Map (TPM 20710) No. 23-012, and certified the SEIR prepared for the Project; and WHEREAS, this Agreement and the Project are consistent with the CITY’s Comprehensive General Plan and any Specific Plan applicable thereto; and 597

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WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864 et seq of the Government Code are intended; and WHEREAS, OWNER has incurred and will in the future incur substantial costs in order to assure development of the Property in accordance with this Agreement; and WHEREAS, OWNER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement.

COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. DEFINITIONS AND EXHIBITS.

1.1 Definitions. The following terms when used in this Agreement shall be defined as follows:

1.1.1 “Agreement” means this Development Agreement.

1.1.2 “CITY” means the City of Fontana, a municipal corporation, organized and existing pursuant to the laws of the State of California.

1.1.3 “Development” means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. “Development” does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof.

1.1.4 "Development Agreement Policies" means those certain development agreement policies approved by CITY pursuant to Resolution No. 85-217, adopted on November 5, 1985, as may be amended.
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1.1.5 “Development Approvals” means all permits and other entitlements for use subject to approval or issuance by CITY in connection with development of the Property including, but not limited to:
(a) conditional use permits and design review permits;
(b) General Plan and Zoning Code amendments;
(e) grading, encroachment and building permits.

1.1.6 “Development Exaction” means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests.

1.1.7 “Development Impact Fee” means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include park “in lieu” fees specified in Government Code Section 66477, fees for processing applications for governmental regulatory actions or approvals, fees collected under development agreements adopted pursuant to Article 2.5 of the Government Code (commencing with Section 65864) of Chapter 4, or fees collected pursuant to agreements with redevelopment agencies which provide for the redevelopment of property in furtherance or for the benefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code).

1.1.8 “Development Plan” means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property.

1.1.9 “Effective Date” means the date the ordinance approving this Agreement becomes effective.

1.1.10 “Existing Development Approvals” means all Development Approvals approved or issued prior to the Effective Date.

1.1.11 “Existing Land Use Regulations” means all Land Use Regulations in effect on the Effective Date.

1.1.12 “General Plan” means the General Plan adopted on November 13, 2018 by Resolution No. 2018-097.
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1.1.13 “Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations and official policies of CITY governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the property. “Land Use Regulations” does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations; (b) taxes and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; (e) the exercise of the power of eminent domain.

1.1.14 “OWNER” means the persons and entities listed as OWNER on page 1 of this Agreement and their successors in interest to all or any part of the Property.

1.1.15 "Mitigation Monitoring and Reporting Program" or "MMRP" means the mitigation monitoring and reporting program for assessing and ensuring compliance with required environmental impact mitigation measures approved by Planning Commission Resolution No. _________ ___________, 2024 in conjunction with the Planning Commission certification of the EIR.

1.1.16 “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns.

1.1.17 “Project” means the development of the Property contemplated by the Development Plan as such Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement.

1.1.18 “Property” means the real property described on Exhibit “A” and shown on Exhibit “B” to this Agreement.

1.1.19 “Reservations of Authority” means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 3.6 of this Agreement.

1.1.20 “Subsequent Development Approvals” means all Development Approvals required subsequent to the Effective Date in connection with development of the Property.
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1.1.21 “Subsequent Land Use Regulations” means any Land Use Regulations adopted and effective after the Effective Date of this Agreement.

1.1.22 “Warehouse Indirect Source Rule” means the current version (May 7, 2021) of the South Coast Air Quality Management District’s Rule 2305 Warehouse Indirect Source Rule.

1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:

Exhibit “A” — Legal Description of the Property.

Exhibit “B” — Map showing Property and its location.

Exhibit "C” — Existing development approvals.

2. GENERAL PROVISIONS.

2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement.

2.2 Ownership of Property. OWNER represents and covenants that it is the legal or equitable owner of the fee simple title to the Property or a portion thereof, and shall be so on the date of recordation of this Agreement in the office of the San Bernardino County Recorder. To the extent OWNER does not own fee simple title to the Property, OWNER shall obtain written consent from the current fee owner of the Property prior to the Effective Date agreeing to the terms of this Agreement and the recordation thereof in the office of the San Bernardino County Recorder.

2.3 Term; Tolling of Agreement. The initial term of this Agreement (“Term”) shall commence upon expiration of the initial two (2) year period for OWNER to exercise OWNER’s rights under the Development Approvals, which period may be tolled in the event of litigation challenging CITY’s issuance of the Development Approvals as set forth below, and shall continue for a period of ten (10) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement.

The commencement of the Term of this Agreement shall be automatically tolled in the event of a third party lawsuit challenging CITY’s issuance of the Development Approvals, and shall remain tolled and in abeyance until such time as the legal action is dismissed and/or a final judgment is entered by the court resolving the action, and all applicable appeal periods are expired and/or exhausted.

2.4 Assignment.

2.4.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410 et seq., to any person, partnership, joint venture, firm or corporation at any time during the term of this 601

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Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent:
(a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property.
(b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, OWNER shall notify CITY, in writing, of such sale, transfer or assignment and shall provide CITY with an executed agreement, in a form reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of OWNER under this Agreement.

Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by Owner under this Agreement.

Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. The City Manager shall have the authority to review, consider and either approve, conditionally approve, or deny any proposed sale, transfer or assignment that is not made in compliance with this section

2.4. 2.4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring OWNER shall continue to be obligated under this Agreement unless such transferring OWNER is given a release in writing by CITY, which release shall be provided by CITY upon the full satisfaction by such transferring OWNER of the following conditions:
(a) OWNER no longer has a legal or equitable interest in all or any part of the Property.
(b) OWNER is not then in default under this Agreement.
(c) OWNER has provided CITY with the notice and executed agreement required under Paragraph (b) of Subsection 2.4.1 above.

2.4.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section.

2.4.4 Partial Release of Purchaser, Transferee or Assignee of Industrial or Commercial Lot. A purchaser, transferee or assignee of a lot, which has been finally subdivided as provided for in the Development Plan and for which a commercial or industrial plot plan for development of the lot has been finally approved pursuant to the 602

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Development Plan, may submit a request, in writing, to CITY to release said lot from the obligations under this Agreement relating to all other portions of the property. Within thirty (30) days of such request, CITY shall review, and if the above conditions are satisfied shall approve the request for release and notify the purchaser, transferee or assignee in writing thereof. No such release approved pursuant to this Subsection

2.4.4 shall cause, or otherwise affect, a release of OWNER from its duties and obligations under this Agreement.

2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of all parties in the manner provided for in Government Code Sections 65865.1 or 65868 and the Development Agreement Policies. Any amendment of this Agreement, which amendment has been requested by OWNER, shall be considered by the CITY only upon the payment of the applicable processing charge. This provision shall not limit any remedy of CITY or OWNER as provided by this Agreement. The procedure for proposing and adopting an amendment to, or cancellation of, in whole or in part, this Agreement shall be the same as the procedure for adopting and entering into this Agreement in the first instance.

2.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section 2.3.
(b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement.
(d) Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications. (e) Termination of this Agreement based on any default of OWNER and following the termination proceedings required by the Development Agreement Policies.

Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement.

2.7 Notices.
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(a) As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows:

If to CITY:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: City Manager
Telephone: (909) 350-7600
Copy to:

Best Best & Krieger LLP
3500 Porsche Way, Suite 200
Ontario, CA 91764
Attn: City Attorney
Telephone: (909) 989-8584
If to OWNER:

Prologis
1800 Wazee Street, Suite 500
Denver, Colorado, 80202
Attn: General Counsel
Telephone: (303) 567-5395
Copy to:

Allen Matkins Leck Gamble Mallory & Natsis, LLP
2010 Main Street, 8th Floor
Irvine, CA 92614
Attn: Jonathan E. Shardlow, Esq.

Telephone: (949) 553-1313
(c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

3. DEVELOPMENT OF THE PROPERTY.
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3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservations of Authority, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan.

3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservations of Authority, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations.

In connection with any Subsequent Development Approval, CITY shall exercise its discretion in accordance with the Development Plan, and as provided by this Agreement including, but not limited to, the Reservations of Authority. CITY shall accept for processing, review and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters.

3.3 Timing of Development. The parties acknowledge that OWNER cannot at this time predict when or the rate at which phases of the Property will be developed.

Such decisions depend upon numerous factors which are not within the control of OWNER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the parties’ intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Plan or the Phasing Plan.

3.4 Enhanced Environmental Measures; Development of the Property shall be subject to all timing and phasing requirements established by the Development Plan, except that OWNER has committed to implement certain environmental measures in conjunction with the Project’s future operation such that:
(a) To the extent that a building permit has not been issued for the Project and construction commenced in reliance on a building permit by December 31, 2026, OWNER acknowledges and agrees that OWNER shall cause the Project to achieve 110% of the WAIRE Points Compliance Obligation for the Project for a period of five (5) years under the current standards (May 7, 2021) of the South Coast Air Quality Management District’s Rule 2305 Warehouse Indirect Source Rule. 605

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(b) To the extent that a building permit has not been issued for the Project and construction commenced in reliance on a building permit by December 31, 2031, OWNER acknowledges and agrees that OWNER shall cause the Project to achieve, in the City’s sole discretion, for a period of five (5) years, either (i) 125% of the WAIRE Points Compliance Obligation for the Project under the current standards (May 7, 2021) of the South Coast Air Quality Management District’s Warehouse Indirect Source Rule or (ii) 110% of the WAIRE Points Compliance Obligation for the Project under the standards for the South Coast Air Quality Management District’s Warehouse Indirect Source Rule in effect at the time of the Project’s first building permit issuance.

Evidence of the increased WAIRE Points Compliance Obligation for the Project being met shall be promptly provided by OWNER to CITY based on written correspondence from South Coast Air Quality Management District.
(c) OWNER acknowledges and agrees to make a payment to CITY in the amount of $20,000 upon the issuance of the first building permit for the Project for CITY’s time and oversight in ensuring that activities are conducted in a manner designed and intended to achieve compliance with the requirements of 3.4 (a) and, if applicable, 3.4 (b).
(d) OWNER acknowledges and agrees, to the extent that a permit has not been issued of the Project’s building by December 31, 2030, to make a further payment to CITY in the amount of $20,000 upon the issuance of a building permit for its time and oversight in ensure that operational activities occurring on the Property on or after January 1, 2031, are conducted in a manner so as to achieve 125% of the WAIRE Points Compliance Obligation for the Project. Evidence of the increased WAIRE Points Compliance Obligation for the Project being met shall be provided by OWNER to CITY based on written correspondence from South Coast Air Quality Management District. (e) To the extent that South Coast Air Quality Management District’s Rule 2305 (Warehouse Indirect Source Rule) has been voided, lapsed, or otherwise ceases to exist, OWNER acknowledges and agrees that for the term of this Agreement, OWNER shall continue to meet 100% of the WAIRE Points Compliance Obligation for the Project under the current standards of the Warehouse Indirect Source Rule.

3.5 Changes and Amendments. The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event OWNER finds that a change in the Existing Development Approvals is necessary or appropriate, OWNER shall apply for a Subsequent Development Approval to effectuate such change and CITY shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement including the Reservations of Authority. If approved, any such change in the Existing Development Approvals shall be incorporated herein as Exhibit “C”, and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in CITY’s reasonable discretion, a change to the Existing Development Approvals shall be deemed “minor” and not require an amendment to this Agreement provided such change does not:
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(a) Alter the permitted uses of the Property as a whole; or, (b) Increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or,
(e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code.

3.6 Reservations of Authority.

3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property.
(a) Processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued.
(b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure.
(c) Regulations governing construction standards and
specifications including, without limitation, the CITY’s Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Grading Code. (d) Regulations imposing Development Exactions; provided, however, that no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development, either throughout the CITY or within a defined area of benefit which includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in Section 4 of this Agreement, CITY shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent such fees fulfill the same purposes. (e) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety. To the extent possible, any such regulations shall be applied and construed so as to provide OWNER with the rights and assurances provided under this Agreement. 607

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(f) Regulations which are not in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (g) (g) Regulations which may conflict with this Agreement or the Development Plan, but to which the OWNER consents in writing.

3.6.2 Subsequent Development Approvals. This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan.

3.6.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.

3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority which cannot be restricted by contract.

3.7 Public Works. If OWNER is required by this Agreement to construct any public works facilities which will be dedicated to CITY or any other public agency upon completion, and if required by applicable laws to do so, OWNER shall perform such work in the same manner and subject to the same requirements as would be applicable to CITY or such other public agency should it have undertaken such construction.

3.8 Provision of Real Property Interests by CITY. In any instance where OWNER is required to construct any public improvement on land not owned by OWNER, OWNER shall at its sole cost and expense provide or cause to be provided, the real property interests necessary for the construction of such public improvements.

In the event OWNER is unable, after exercising reasonable efforts, including, but not limited to, the rights under Sections 1001 and 1002 of the Civil Code, to acquire the real property interests necessary for the construction of such public improvements, and if so instructed by OWNER and upon OWNER’S provision of adequate security for costs CITY may reasonably incur, CITY shall negotiate the purchase of the necessary real property interests to allow OWNER to construct the public improvements as required by this Agreement and, if necessary, in accordance with the procedures 608

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established by law, use its power of eminent domain to acquire such required real property interests. OWNER shall pay all costs associated with such acquisition or condemnation proceedings. This section 3.8 is not intended by the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public improvements on land not owned by OWNER, except to the extent that the OWNER elects to proceed with the development of the Project, and then only in accordance with valid conditions imposed by the CITY upon the development of the Project under the Subdivision Map Act or other legal authority.

3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulate aspects of the development of the Property separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies.

3.12 Utilities. The Project shall be connected to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the Project.

OWNER shall contract with the CITY for CITY-owned or operated utilities serving the Project for such prices and on such terms as may be mutually agreed to between the parties.

4. DEFAULT AND REMEDIES.

4.1 Remedies in General. It is acknowledged by the parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof.

In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that CITY shall not be liable in damages to OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.

4.2 Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other nonmonetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons:
(a) Money damages are unavailable against CITY.
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(b) Due to the size, nature and scope of the project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property or portions thereof. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate OWNER for such efforts.

4.3 Release. Except for non-damage remedies, including the remedy of specific performance and judicial review as provided for above, OWNER, for itself, its successors and assignees, hereby releases the CITY, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms of this Agreement.

4.4 Termination or Modification of Agreement for Default of OWNER. Subject to the provisions contained herein, CITY may terminate or modify this Agreement for any failure of OWNER to perform any material duty or obligation of OWNER under this Agreement including providing CITY with the ability to cancel or fail to renew the business license of OWNER in the event of OWNER’s default of its obligations under Section 3.4 of this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as “Default”); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to OWNER of Default setting forth the nature of the default and the actions, if any, required by OWNER to cure such Default and, where the Default can be cured, OWNER has failed to take such actions and cure such Default within 60 days after the effective date of such notice or, in the event that such Default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such Default within such 60 day period and to diligently proceed to complete such actions and cure such default.

4.5 Termination of Agreement for Default of CITY. OWNER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.
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5. THIRD PARTY LITIGATION.

5.1 General Plan Litigation. CITY has determined that this Agreement is consistent with its Comprehensive General Plan, herein called General Plan, and that the General Plan meets all requirements of law. OWNER has reviewed the General Plan and concurs with CITY’s determination.

CITY shall have no liability in damages under this Agreement for any failure of CITY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law.

5.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including attorneys’ fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action or proceeding.

5.3 Indemnity. In addition to the provisions of 5.2 above, OWNER shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (OWNER’s employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public improvements, save and except claims for damages arising through the sole active negligence or sole willful misconduct of CITY. OWNER shall defend, at its expense, including attorneys’ fees, CITY, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. CITY may in its discretion participate in the defense of any such legal action.

5.4 Environment Assurances. OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and OWNER shall defend, at its expense, including attorneys’ fees, CITY, its officers, agents and 611

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employees in any action based or asserted upon any such alleged act or omission.

CITY may in its discretion participate in the defense of any such action.

5.5 Reservation of Rights. With respect to Sections 5.2, 5.3 and 5.4 herein, CITY reserves the right to either (1) approve the attorney(s) which OWNER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that OWNER shall reimburse CITY forthwith for any and all reasonable expenses incurred for such defense, including attorneys’ fees, upon billing and accounting therefor.

5.6 Survival. The provisions of this Sections 3.4, and 5.1 through 5.6, inclusive, shall survive the termination of this Agreement, and for such purposes this Agreement shall remain recorded in the office of San Bernardino County Recorder in the event the enhanced environmental measures obligations set forth in Section 3.4 have been triggered and only for so long as the enhanced environmental measures obligations are effective.

6. MORTGAGEE PROTECTION.

The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER’s sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by OWNER in the performance of OWNER’s obligations under this Agreement.
(c) If CITY timely receives a request from a mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement.
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(d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER’s obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY , the performance thereof shall continue to be a condition precedent to CITY’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement.

7. MISCELLANEOUS PROVISIONS.

7.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code.

7.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

7.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, including the payment of the fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever.

7.4 Governing Law; Interpretation. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

7.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.
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7.6 Singular and Plural. As used herein, the singular of any word includes the plural.

7.7 Joint and Several Obligations. If at any time during the term of this Agreement the Property is owned, in whole or in part, by more than one OWNER, all obligations of such OWNERS under this Agreement shall be joint and several, and the default of any such OWNER shall be the default of all such OWNERS. Notwithstanding the foregoing, no OWNER of a single lot which has been finally subdivided and sold to such OWNER as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof.

7.8 Time of Essence. Time is of the essence in the performance of .the provisions of this Agreement as to which time is an element.

7.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

7.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

7.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, epidemics, pandemics, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party’s control, (including the party’s employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party’s control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years.

7.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.

7.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 614

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7.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.

7.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of San Bernardino, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.

7.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such property.

7.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.

7.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain.

7.19 Agent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venture resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process out of this County and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. OWNER for itself, assigns and successors hereby waives the provisions of the 615

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Hague Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).

7.20 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind OWNER to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the last day and year set forth below.

OWNER
PROLOGIS EXCHANGE 11115

HEMLOCK AVENUE LLC
By: ________________________
Its: ________________________
Dated: ______________________
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ACKNOWLEDGMENT
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.

State of California
County of )
On before me,
____________________________
(insert name and title of the officer)
personally appeared
_________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _________________________________ (Seal)
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CITY:

CITY OF FONTANA, a California
municipal corporation
By:___________________________
Acquanatta Warren, Mayor
Dated: __________________
By:______________________________
Matt Ballantyne, City Manager
ATTEST:

By:___________________________
Germaine McClellan Key, City Clerk
APPROVED AS TO LEGAL FORM:

BEST BEST & KRIEGER LLP
______________________________
City Attorney
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State of California
County of )
On before me, ______________________________
(insert name and title of the officer)
personally appeared
_________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _________________________________ (Seal)
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1603

EXHIBIT A

LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:

REAL PROPERTY IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL 1:

PARCEL A AS SHOWN ON CERTIFICATE OF COMPLIANCE FOR A LOT LINE ADJUSTMENT LLA NO. 98-01, AS EVIDENCED BY DOCUMENT RECORDED APRIL 01, 1998 AS INSTRUMENT NO. 19980121425 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

ALL OF LOT 964 OF MAP SHOWING SUBDIVISION OF LANDS BELONGING TO THE SEMI-TROPIC LAND AND WATER COMPANY, ON FILE IN BOOK 11 OF MAPS AT PAGE 12, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA.

EXCEPTING THEREFROM THE SOUTH 310 FEET.

PARCEL 2:

PARCEL B AS SHOWN ON CERTIFICATE OF COMPLIANCE FOR A LOT LINE ADJUSTMENT LLA NO. 98-01, AS EVIDENCED BY DOCUMENT RECORDED APRIL 01, 1998 AS INSTRUMENT NO. 19980121425 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

ALL OF LOT 965 OF MAP SHOWING SUBDIVISION OF LANDS BELONGING TO THE SEMI-TROPIC LAND AND WATER COMPANY, ON FILE IN BOOK 11 OF MAPS AT PAGE 12, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, TOGETHER WITH THE SOUTH 310 FEET OF LOT 964 OF MAP SHOWING

SUBDIVISION OF LANDS BELONGING TO THE SEMI-TROPIC LAND AND WATER COMPANY, ON FILE IN BOOK 11 OF MAPS AT PAGE 12, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA.
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1604

EXHIBIT B

PROPERTY LOCATION
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1605
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1606
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1607
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1608
Attachment No. 7

NOTICE OF DETERMINATION
TO: X County Clerk, County of FROM: City of Fontana
San Bernardino Planning Department
8353 Sierra Avenue
___ X Office of Planning and Research Fontana, CA 92335 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code.

Project Title: Master Case No. 22-143: Tentative Parcel Map (TPM 20710) No. 23-012, Design Review (DRP) No. 22-064, and Final Subsequent Environmental Impact Report (EIR) – Hemlock Warehouse Development Project
State Clearinghouse Number: 2009091089
Name of Person or Agency carrying out project: Rina Leung – Senior Planner. City of Fontana (Lead Agency) 8353 Sierra Avenue, Fontana, CA 92335.

Project Location: The project site is located at 11115 Hemlock Avenue (APNs: 0237-131-25, 0237-131- 26, and 0237-131-27)
Project Description: Master Case No. 22-143: Tentative Parcel Map (TPM 20710) No. 23-012, Design Review (DRP) No. 22-064 - The consolidation of three (3) lots into one (1) to redevelop the site with an industrial warehouse building totaling approximately 881,826 square feet on approximately 40.01 acres.

Project Proponent & Address: Prologis Exchange 11115 Hemlock Avenue LLC, 17777 Center Court Dr. N, Suite 100, Cerritos, CA 90703
Contact Name & Phone: Rina Leung (909 350-6566)
This is to certify that on March 19, 2024, the Planning Commission of the City of Fontana approved the above-described project along with the aforementioned Final Subsequent EIR, and made the following determinations:

1. The project _X_ will will not have a significant effect on the environment.

2. A Subsequent EIR was prepared and fully analyzed the effects of the project. The Subsequent EIR thoroughly analyzed and discussed all potential environmental impacts.

3. Mitigation measures X were were not made a condition of the approval of the project.

4. A Statement of Overriding Considerations _X_ was was not adopted for this project.

5. Findings X were were not made pursuant to the provisions of CEQA.

6. The location and custodian of the documents which comprise the record of proceedings for the Subsequent EIR are specified as follows:

Custodian: City of Fontana, Planning Department
Location: 8353 Sierra Avenue, Fontana, CA 92335
____________________________
Rina Leung
Senior Planner
Date Received for Filing
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1609
Attachment No. 8

NOTICE OF PUBLIC HEARING
SI DESEA INFORMACION EN ESPAÑOL REFERENTE A ESTA NOTIFICACION O PROYECTO, FAVOR DE COMUNICARSE AL (909) 350-6728.

In compliance with Section No. 202 of the Americans with Disabilities Act of 1990 (42 U.S.C.

Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons with a disability.

Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350-7602. Notification shall be made 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility to this meeting.

A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE PLANNING COMMISSION OF THE CITY OF FONTANA FOR THE FOLLOWING:

Master Case (MCN) No. 22-143, Tentative Parcel Map (TPM 20710) No. 23-012, Design Review (DRP) No. 22-064, and Development Agreement (AGR) No. 24-002: Request for consolidation of three (3) parcels into one (1) parcel, development of an approximately 40-acre property with an industrial commerce center building of approximately 881,826 square feet with associated improvements. The applicant has also prepared a development agreement.

Environmental
Determination:

This project has been determined to have a potentially significant effect on the environment and a Final Environmental Impact Report (EIR) (SCH No. 2009091089) has been prepared pursuant to Sections 15080 and 15097 of the California Environmental Quality Act (CEQA).

Location of
Property:
11115 Hemlock Avenue (APNs:
0237-131-25, 0237-131-26, and
0237-131-27)
Date of Hearing: March 19, 2024
Place of
Hearing:

City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 6:00 P.M.
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Attachment No. 8
The City of Fontana (City) has prepared an Environmental Impact Report (EIR) for the proposed project. The Draft and Final EIR are available for review at City Hall (8353 Sierra Avenue Fontana, CA 92335) and online at: https://www.fontanaca.gov/2137/Environmental-Documents Should you have any questions concerning this project, please contact Rina Leung at (909) 350-6566 or at [email protected].

ANY INTERESTED PARTY MAY APPEAR AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION. A COPY OF THE APPLICATION

AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION IN THE PLANNING DEPARTMENT, CITY HALL.

IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC HEARING

ITEM, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE

RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

Publish date: March 8, 2024
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Fontana City CouncilMay 14, 2024

Fontana City Council
May 14, 2024