Agenda, regular meeting, second session — Highland City Council, November 14, 2023 (part 2 of 3)

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1 -11-
CA, Civil Engineer No. C41836
QSD/ QSP No. 00707
B5, Civil Engineering, Loyola Marymount
University, Los Angeles, CA
American Public Works Assc.

Floodplain Management Assc.

Water/ Wastewater Engineering
Flood Control Engineering
Project Management
Quality Control
Over the past 25 years, Mr. Brudin has been
involved in a number of complex planning,
design and construction projects. His ability
to effectively communicate with agency
personnel and team members provides
the vital link between client and consultant
and ensures that the goals of each project
are met. Mr. Brudin has a broad base of
experience in various disciplines including
water resources, site development, streets
and roads, grading and drainage and flood
control facilities.

Mr. Brudin has served as a District
Engineer for the Lake Hemet Municipal
Water District, City Engineer for the City
of Hemet, and 1as a Project Manager for
as -needed" professional engineering
plan check services for several cities in
the Orange, Riverside and San Bernardino
County areas. Under these contracts, he
has managed construction inspection/
administration, development review, and
plan check services for land development
and capital projects, including grading,
water, sewer, drainage, traffic signal and
street improvement plans.

Similar Project Experience:

Traffic Signal System — Rancho California Road and Tee Drive, City of Temecula, CA — Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Design and utility coordination for a new traffic signal system, including a new power source. Exploration and evaluation of several blow offs, valves and manholes valves, as well as overhead electrical lines along the south side of the intersection. Staff are also exploring removing existing streetlights in the intersection and replacing with traffic signal safety lighting. The City is also currently undergoing streetlight conversions to LED as a part of the WRCOG Regional Streetlight Program. The proposed design will incorporate necessary features to facilitate bicycle crossings at the intersection per the City of Temecula' s Multi -use Trails and Bikeways Master Plan.

Overland Bridge at Murrieta Creek, CNS Engineers, Temecula, CA - Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Design of a bridge structure over and across Murrieta Creek connecting Avenida Alvarado at the intersection of Diaz to the west of the creek, with Overland Drive at the intersection of Enterprise Circle to the east of the creek.

State Street Gap Closure Project, City of San Bernardino, CA — Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Roadway design and environmental clearance for the Street; a vital transportation corridor. State Street will be a four -lane roadway with a center median and bike lanes connecting Baseline Street to State Route 210. 40th Street Widening Project, City of San Bernardino, CA — Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Design of the 40th Street Widening Project in San Bernardino. 40th Street is to be widened to allow 4 travel lanes, new sidewalk, and drainage improvements. The project stretches from Victoria Ave to Kendall Drive. Also included is traffic signal modifications at Electric Ave. and drainage modifications.

Golden Avenue Bridge Replacement Project, Biggs Cardoza Associates, Placentia, CA - Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Development of plans for the bridge replacement project in Orange County. ERSC coordinated plans for channel modification and permitting with ACOE.

Riverside Drive Street Widening, Signal Modifications, Signing and Striping, City of Lake Elsinore, CA - Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Development of program documents and planning and design activities related to the reconstruction of an existing campground located along Riverside Drive on the westerly end of Lake Elsinore. Coordinated completion of all CalTrans requirements to facilitate completion of the project.

Washington Street at Fred Waring Drive Triple Left Turn Lanes Project, City of La Quinta, La Quinta, CA — Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Design of intersection modifications incorporating a third left turn lane in each direction to reduce traffic during peak hours. The scope also included CEAQ document preparation, utility coordination and PS& E.
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BS, Civil Engineering, Michigan Technological
University, Houghton, MI
Land Development
Municipal Engineering
Traffic and Transportation
Ms. Askew has over 30 years of experience
in design and management of public and
private improvement projects. She has
spent the past 20 years as a local municipal
employee in Public Works with the last
eight years in an executive management
position overseeing various levels of
staff and consultants. She has managed
Capital Improvement Program projects
for streets, storm drains, water and sewer
in addition to large land development
projects with significant grading
challenges. She is very knowledgeable in
understanding the workings and challenges
of local government and comprehends the
constraints of various City funding sources
such as Gas Tax, Measure A and SB1.

Ms. Askew has been city liaison to Western
Riverside Council of Governments ( WRCOG),
Riverside County Flood Control & Water
Conservation District, Caltrans, Riverside
County Transportation Commission ( RCTC),
several water districts and school boards.

Similar Project Experience:

County Line Road Transportation Corridor Improvement Project: Project Manager for design and construction of street improvements including pavement widening to include bike lanes, installation of curb, gutter, sidewalk and construction of round- abouts at 4 intersections. Project is joint improvement project with adjacent city, as street centerline is City and County boundary. Project challenges include various funding sources through grants, coordination with adjacent city/ county, right- of-way acquisitions, and construction in phases.

Calimesa Creek Storm Drain Improvements: Project manager overseeing design and construction for nearly 2, 000 If of 18" — 78" RCP storm drain pipe, 2001f of 6' x 6' concrete box structure and 53- acre- foot detention basin. Project will minimize erosion of Calimesa Creek by transitioning from an open channel system which currently discharges into Calimesa Creek, to a closed system. Only low flows will remain in the Creek, thus eliminating the need to mitigate significant acreage. Detention Basin upstream eliminates the need for existing pipe at downstream end of system to be enlarged under the 1- 10 freeway. Project is funded with EPA grant, Riverside County Flood Control & Water Conservation District Funds and City Development Impact Fees.

Third Street Improvement Project: Project Manager responsible for overseeing design and construction of 3, 300 linear feet of Third Street from Valley View Avenue to Corona Avenue which includes removal of existing asphalt street and replacement with full street improvements, within existing right-of-way, consisting of curb, gutter, asphalt pavement, equestrian trail with fence, replacement of private improvements to match new grades.

Also included were storm drain improvements on Reservoir Drive, north and south of Third Street which involved installation of over 1, 800 linear feet of 30- inch HDPE pipe and 400 linear feet of smaller size HDPE pipe. Funding for this portion of the project was through Riverside County Flood Control and Water Conservation District as one of their Master Drainage Plan projects.

Navy to Norco College ( RCC) Sewer Improvements: Project designer and project manager overseeing construction of 1, 100 linear feet of 8- inch VCP sewer line and related appurtenances from a lift station located on Navy property to a city owned SSMH located on the Norco College Campus. The biggest challenges for the project was finding a route through the Norco College Campus that allowed the sewer line to flow by gravity and a construction schedule that minimized disruption to the Campus.

Hamner Avenue Widening Project: Project Manager responsible for overseeing the design and construction of 3, 600 linear feet of Hamner Avenue from the north City boundary to north of the Hamner Avenue Bridge. Hamner Avenue was widened from a two- lane street to three lanes in each direction but currently striped for two in each direction. Improvements include curb, gutter, sidewalk, asphalt pavement, relocation of a City of Norco 20- inch potable waterline, installation of a 30- inch waterline owned by the Chino Desalter Authority ( as part of their future expansion), and storm drain improvements. The traffic signal at Citrus Street was modified for a four- way intersection to accommodate the future Silverlakes Equestrian and Sports Park. A 42- foot- wide by 15- foot- high causeway was constructed under Hamner Avenue south of Citrus Street to provide flood relief from the adjacent Santa Ana River and also provide access to the adjacent park on the west side of Hamner Avenue located in the City of Eastvale. A detention basin was constructed as part of the project and resides on the west side of Hamner Avenue, south of Citrus Street and acts as a desilting basin for the 72" storm drain that discharges to it. Hamner Avenue design took into consideration the future replacement of the Hamner Avenue Bridge.

Second Street Improvement Project: Project Manager overseeing the design portion of the project which was done by a contract engineer beginning in late 2004. The project consisted of widening Second Street, a designated collector street, to its ultimate rightof-way between the 1- 15 Freeway and Corona Avenue, with full street improvement consisting of curb, gutter, asphalt pavement, pedestrian -equestrian trail with fence, realignment of the intersection with Valley View Avenue, storm drain improvements and utility relocations. Design also included pavement rehabilitation of Second Street from Corona Avenue to Hillside Avenue. Land acquisition and coordination with Caltrans delayed construction of the project which did not begin until early 2011. Additional -13-
responsibilities for this project include construction management where I was responsible for overseeing all aspects of construction.

Auger/ Grinder Sewage System Project: Responsible for the design of a wastewater system which incorporated a packaged wastewater auger/grinder system to be installed on California Rehabilitation Center ( CRC) property. The system removed unwanted solids and sludge discharged from CRC prior to entering the collection system owned by the City of Norco and ultimately the treatment facility owned by Western Riverside County Regional Wastewater Authority ( WRCRWA).

Cherry Valley Boulevard/ 1- 10 Interchange: City Liaison to Riverside County Transportation Department who is acting as lead for the City of Calimesa on this project. The Project is the reconstruction of an interstate freeway interchange to accommodate significant residential and commercial growth surrounding the interchange. The Project is being processed through Caltrans with the Project Study Report having been completed and approved in 2018. It is now in the PA/ ED phase. Interchange configuration alternatives being considered are Round-Abouts, Diverging Diamond and Partial Cloverleaf. Funding is secured up to the construction phase through Developer Impact Fees and credit agreements with the Western Riverside Council of Government' s ( WRCOG) Traffic Uniform Mitigation Fee ( TUMF) program.

Silverlakes Equestrian and Sports Park: Project Manager overseeing the concept creation, planning and construction of a City owned 122-acre parcel of land with a federal deed restriction over it for Park use only. Challenges included parcel being located in a flood zone adjacent to the Santa Ana River, working with the Army Corp of Engineers after a flooding of the property occurred during construction, development being funded privately by developer and crafting a 99- year lease to developer. Project has 25 soccer fields including natural and synthetic turf, competition horse arenas, paved and porous parking lots and eating facilities. -14-
f,
j ' 11111110
BS, Geographic and Environmental
Engineering, University of Applied and
Environmental Sciences ( UDCA), Bogota,
Colombia
Environmental Analysis
Water Resources
Planning
Site Layout & Geometrics
AutoCAD Civil 3D
Traffic & Transportation
Ms. Hernandez joined the ERSC team as
Engineer I in earlier 2019. She is proficient in
geographic and environmental engineering,
able to identify and solve problems related
to environmental, geographical and
territorial resources, interrelated with social
processes and territorial ordering through
sustainable development. Ms. Hernandez
has gained experience in identifying and
solving problems related to roadway/
design rehabilitation, ADA improvements,
horizontal and vertical geometric design
and traffic & transportation. She is also
qualified to make cartography with
modern technologies related to geographic
information systems ( GIS).

Similar Project Experience:

Traffic Signal System, Rancho California Road and Tee Drive, City of Temecula, CA - Project Engineer during the design and utility coordination for a new traffic signal system, including a new power source. Work includes exploration and evaluation of several blow offs, valves and manholes valves, as well as overhead electrical lines along the south side of the intersection. In addition to the utilities, the proposed design will incorporate necessary features to facilitate bicycle crossings at the intersection per the City of Temecula' s Multi -use Trails and Bikeways Master Plan.

Design of Murrieta Creek Bridge, City of Temecula, CA — Assisting in the design of a bridge structure over Murrieta Creek connecting Overland Drive at the intersection of Enterprise Circle West on the east side of the Creek to Avenida Alvarado at the intersection of Diaz Road on the west side of the Creek. Ms. Hernandez also assists on the PS& E and utility research and coordination.

State Street Gap Closure Project, City of San Bernardino, CA- Project Engineer for roadway design and environmental clearance this vital transportation corridor. State Street will be a four -lane roadway with a center median and bike lanes connecting Baseline Street to State Route 210. The design includes a new roadway in the portion of the project where no transportation infrastructure exists, rehabilitating existing portions to updated standard, and ROW acquisition is also required.

Washington Street at Fred Waring Drive Triple Left Turn Lanes, City of La Quinta, CA — Project Engineer assisting in design of improvements to this high traffic intersection by adding a third, left turn lane in each direction of the intersection in order to alleviate traffic congestion and improve traffic flow. Ms. Hernandez also assisted on the detailed project description, plans, bid schedules, bid item descriptions, payment methods, engineer' s estimate, special provisions, technical specifications, and any specification detail sheets and relevant standard plans.

Aliso Creek Road Rehab from Aliso Viejo Parkway to SR- 73, City of Aliso Viejo, CA— Project Engineer on the design of this rehab project, which included the grind and overlay of the roadway, localized full depth replacements, signing and striping, traffic signal loops, traffic control and Caltrans Coordination. The project involved additional detailed design of ADA ramps at the SR- 73 interchange and obtaining a Caltrans Encroachment permit.

Golden Avenue Bridge Replacement Project, Biggs Cardoza Associates, Placentia, CA - Project Engineer during the development of plans for the bridge replacement project in Orange County. ERSC coordinated plans for channel modification and permitting with ACOE. ERSC also provided geometric layout including aligning with existing streets, identification of existing utilities and storm drains, proposing new storm drain locations, an adequate bridge width to accommodate future traffic, pedestrian and bike flows, and the placement of the OC Bike Loop that is planned to run within the Carbon Creek channel.

Rancho Ave. A & N Street Intersection Improvements, City of Colton, CA - Project Engineer during traffic and civil engineering services to the City of Colton to improve safety at the Rancho Avenue and N Street intersection. The new intersection will include reduced lanes from 2 to 1 approaching the intersection, signing/ striping improvements, permanent delineators, and a CalTrans High Tension Barrier System. Also provided services for design survey, pavement reconstruction, raised median, ADA, and curb and gutter improvements.
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CA, Professional Engineer No. 90924
AZ, Professional Engineer No. 73812
QSD No. C90924
BS, Civil Engineering, Loyola Marymount
University, Los Angeles, CA
Site Layout & Geometrics
Hydrology & Drainage
AutoCAD Civil 3D
Traffic and Transportation
Water and Wastewater
SWPPP Compliance
SWPPP Development
Mr. Brudin was introduced to the industry in
2012 as an intern at Lake Hemet Municipal
Water District. Since then, he has held
positions as Assistant Project Engineer and
Project Engineer at C. W. Driver, a general
contracting firm, until shortly after his
graduation in 2015 when he took a position
as Associate Civil Engineer at Parsons
Corporation. Trent joined ERSC as Engineer
II in early 2016.

Trent has become a highly skilled engineer
assisting in the management of a wide
variety of projects at ERSC. Trent regularly
performs complex design level tasks on
water resources, civil site design, and
transportation related projects included
hydrology studies, drainage design, site
grading, geometric site layout, WQMP
and SWPPP documentation, intersection
improvements, traffic signal modifications,
water and wastewater pipeline design, and
water feasibility studies
Similar Project Experience:

CIP Water Pipeline Replacement Project, City of Redlands, CA - Project Engineer during the design of new water mains ranging from 8 inch to 12 inch ductile iron pipe ( DIP). The purpose of the project is to eliminate undersized and aging infrastructure. The design will include the reconnection of all water service laterals to the new main. The project includes approximately 55, 000 linear feet of existing pipeline that need to be replaced.

Canyon Lake S. Blackhorse Driveway Improvement Project, City of Redlands, CA - Project Engineer responsible for concept development, design recommendations, and special study drafting throughout the assignment. ERSC facilitated the design of driveway improvements necessary to allow adequate access to the Canyon Lake South 1MG Reservoir Site. The driveway serves as access for multiple different uses, and accelerated deterioration has been observed at the apron and along the alignment. ERSC assisted EVMWD in design of a new driveway section to support anticipated loads.

Pipeline Replacement, Alpine Water Users Association, Twin Peaks, CA— Project Engineer on the 1, 600 linear feet pipeline replacement for Maxon Drive and Lake Forest Drive.

Design pipeline replacement utilizing C900 PVC pipe, including required fittings and thrust restraint be necessary due to the significant changes in alignment of the pipeline, as well as utility research and coordination for the project.

CSA70J H2ONet Analysis, San Bernardino County Office of Special Districts — Project Engineer responsible for concept development, design recommendations, and special study drafting throughout the assignment. ERSC evaluated the H2ONet Map analysis for Zone J. Staff assisted the District with the evaluation of options including line extensions or looping the new system to meet new demands.

CSA 70J Muscatel Street and Aster Road 1, 500- foot Line Extension, San Bernardino County Office of Special Districts — Project Engineer responsible for concept development, design recommendations, and special study drafting throughout the assignment. ERSC provided design services for an approximately 1, 500 feet CSA 70J line extension from the intersection of Muscatel Street and Aster Road.

Soboba Band of Luiseno Indians, EDC Commercial Retail Development - Project Engineer responsible for concept development, design recommendations, and special study drafting throughout the assignment. Created a model based off of record information to confirm that the design of the proposed water system could meet fire flow requirements imposed on the project.

Water and Wastewater System Improvements, Riverside Highland Water Company - Project Engineer responsible for concept development, design recommendations, and special study drafting throughout the assignment. Performed water modeling using the H2ONET water modeling software to blend well water to get some of the contents within acceptable concentrations. Services provided include design engineering for the Company' s domestic water system. Specific services have involved the preparation of construction documents for the construction of appurtenant facilities to the Company' s domestic water system.

La Laguna RV Resort Wet Utilities, City of Lake Elsinore, CA — Project Engineer providing design of sewer and water systems to the roughly 230 space RV resort located on the northwestern shore of Lake Elsinore. The water and sewer system design included the layout of main distribution lines and a hookup " pedestal" to each individual RV space that provides a water, sewer and electrical connection for the RV in that space. The sewer system design included providing one lift station that was designed to replace and takeover duty for an outdated EVMWD owned lift station and the existing site lift station.

EVMWD would later take over operation and maintenance of this strategically placed lift station, leaving the client, The City of Lake Elsinore, free from needing a lift station of their own. Work also included preparation of a WQMP.
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Quail Valley Subarea 4 Sewerage Feasibility Study and Preliminary Design, Eastern Municipal Water District, Quail Valley, CA — Project engineer for the feasibility study and preliminary design of the area' s first public sewer system. Developed lots in the Quail Valley subarea 4 project region rely on individual septic systems for wastewater disposal and presents challenges to implementing a conventional gravity sewerage solution. Upon completion, the project will recommend the most feasible alternative to provide sewer service to the area. Over 1, 200 individual lots will need to be serviced by the future system which will include a combination of packaged lift stations, vacuum sewer systems, regional lift stations, and sewer conveyance gravity/ force mains.

Sewer Structural Rehabilitation, City of Victorville, Victorville, CA — Project Engineer during the replacement of existing sewer main in -kind. Removal and replacement of approx. 12, 000 feet of 8- 12" Vitrified Clay Pipe ( VCP) Sewer mainline. Sewer rehabilitation was completed in numerous locations of the City. Majority of locations were within the Public ROW, but certain reaches required close coordination with property owners including private landowners and the San Bernardino County Flood Control District were pipe was designed in Easements or within the requirements of an encroachment permit.

Sewer Capacity Improvement Project C- 1, City of Victorville, Victorville, CA — Project Engineer during the upgrading of 3, 022 feet to 15- inch pipe from existing 10- inch pipe. The project intends to allow additional capacity to the sewer system to allow and account for increased commercial and industrial development in this part of the City. The project is generally located in an industrial area around Hesperia Road and Nisqualli Road and generally has impacts on several distribution sites as well as some retail/ gas stations.

Sewer Capacity Improvement Project C- 2, City of Victorville, Victorville, CA— Project Engineer during the upgrading of 1, 748 feet to 12- inch pipe from existing 8- inch pipe. The project is generally located in a residential area and crosses an existing golf course. The project is also contiguous to City sewer project C3 as well as several Structural Sewer Replacement Lines. This was important to note because turned out to be beneficial to include both items of work in the same project/ contract. This work generally took place in easements, and only has impacts on a small segment of Public La Paz Drive as well as Arrowhead Drive.

Sewer Capacity Improvement Project C- 3, City of Victorville, Victorville, CA— Project Engineer during the project included the upgrading of 6, 550 of 18- inch pipe upgraded from 12- inch pipe. The project is generally located in residential areas and crosses a park in an easement. The City of Victorville has identified the potential to construct a new sewer main in the San Bernardino County Flood Control District' s ( SBFCD) access road, next to the Oro Grande Wash from Austin Road to Seneca Road. This relocation eliminates a series of existing lines that traverse several properties, which requires the abandonment of any existing easements. This requires coordination with several residences, and the new alignment will require coordination with SBFCD and their approval. It is assumed that this has been discussed with SBFCD but will require appropriate reviews and permitting.

Parking Lot at Library Street, City of Lake Elsinore, CA - Project Engineer responsible forconcept development, design recommendations, and special study drafting throughout the assignment. ERSC services included design and preparation of supporting documents for the City Park parking lot. Work included preparation of construction documents, demoluition plan, erosion control plan, engineer' s cost estimate, hydrology report, and a Water Quality Management Plan ( WQMP per Santa Ana Regional Water Quality Control Board Order No. R8- 2010- 0033).

New District Parking Lot, Elsinore Valley Municipal Water District, Lake Elsinore, CA - Project Engineer responsible for concept development, design recommendations, and special study drafting throughout the assignment. ERSC provided design for a Parking Area constructed on an approximately . 42 Acre parcel at the southwest corner of Trevelen Avenue and Gedge Avenue in the City of Lake Elsinore. The complete parking lot design will include landscaping improvements, a Water Quality Management Plan ( WQMP), drainage improvement design, and all required permits.

B& H Gas Station and Minimart, Simmons Built, Calimesa, CA - Project Engineer responsible for concept development, design recommendations, and special study drafting throughout the assignment. ERSC provided professional engineering services required to complete contract documents for onsite and offsite improvements related to a gas station and minimart located on the southwest corner of County Line Road and California Avenue in the City of Calimesa. 4th Street Apartments, Simmons Built, Calimesa, CA- Project Engineer responsible for concept development, design recommendations, and special study drafting throughout the assignment. ERSC provided professional engineering services required to complete the entitlement process and prepare contract documents related to the development of approximately 2. 5 acres east of 4th Street and north of Wildwood Canyon Road in the City of Yucaipa, California.

Waste Facility WQMP, City of Lake Elsinore, CA - Project Engineer responsible for concept development, design recommendations, and special study drafting throughout the assignment. ERSC completed a WQMP for improvements to City property. The lot was paved with concrete to improve functionality and the WQMP reflected the fully paved site. -17-
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-18-

STAFF REPORT

TO THE CITY COUNCIL
DATE: November 14, 2023
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Lawrence A. Mainez, Community Development Director vj PREPARED BY: Kim Stater, Assistant Community Development Director' SUBJECT: Proposed City of Highland Community Development Block Grant ( CDBG) Applications for Fiscal Year 2024- 2025.

RECOMMENDATION: Staff recommends the City Council:

1. Approve the City's Application for Enhanced Code
Enforcement that supports a portion of the salary and
benefits of a Code Compliance Officer, Administrative
Assistant, and Community Development Director; and

2. Approve the City' s Application to construct pavement rehabilitation and ancillary work on two streets located in two neighborhoods within the CDBG Low -Moderate
Income eligible block area boundaries including: 1)
Cunningham Street between Cypress Street and 6th
Street, 2) Flemming Street between Cunningham Street
and Colwyn Avenue, 3) 7th Street between Cunnigham
Street and Colwyn Avenue, and 4) Colwyn Avenue
between Hibiscus Street and 7th Street.

FISCAL IMPACT: The City's grant allocation in Fiscal Year 2024-2025 has not yet been determined by the US Department of Housing and Urban Development ( HUD).

For the purpose of applying, staff will assume that it will be similar to the 2023- 2024 allocation of $413, 501.

Approved Motion Second Agenda Item No.

Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
City Clerk City Mana
-1-
City Council Meeting of
November 14, 2023
2024- 2025 CDBG Applications
A maximum of fifteen percent ( 15%) of the City' s allocation may be used for Public Service Projects. Examples of prior Public Service Project recipients include the Highland Branch Library, YMCA, Highland Senior Center, and Central Little League.

The remainder must be used for Construction Improvement Projects. Examples of these include curb/gutter/sidewalk construction and rehabilitation projects as well as Code Enforcement.

Public Service Applications
Staff did not prepare applications on behalf of the City that would be categorized as Public Service."
Construction Improvements Project Proposal Applications Staff prepared two "Construction" Applications:

1. Enhanced Code Enforcement: $ 120, 000 total request:
a. $ 18, 300 to fund a portion of the salary and benefits of the Community Development Director position.
b. $ 57,248 to fund a portion of the salary and benefits of a full- time Code Compliance Officer position.
c. $ 44,452 to fund a portion of the salary of an Administrative Assistant.

2. Pavement Improvements: $ 230, 000 request to construct pavement improvements and ancillary work on Cunningham Street, Flemming Street, 7t" Street and Colwyn Avenue.

PUBLIC NOTICE: The agenda was posted at the City' s three ( 3) designated posting locations as required by Resolution and on the City' s Website.

BACKGROUND: The San Bernardino County Department of Community Development and Housing is currently accepting CDBG applications for Fiscal Year 2024-2025. The deadline for submittal is December 11, 2023.

The County will determine project eligibility on behalf of the HUD. Eligible Applications from the City and all other Community Based Organizations will be returned to the City in January for prioritization by the City Council.
-2-
City Council Meeting of
November 14, 2023
2024- 2025 CDBG Applications
The following is a brief summary of the City' s proposed Applications:

1. Enhanced Code Enforcement Funding of this program would continue the ongoing revitalization effort, development, and revitalization activities in the CDBG Target Area. Code Enforcement has received CDBG funding since 1995 to fund a portion of Code Enforcement activities in the CDBG Target Area. Funding will provide for focused efforts in abating substandard housing and blight in the Target Area ( see Attachment 1 Enhanced Code Enforcement Application).

2. Pavement Improvements Construct pavement improvements and ancillary work Cunningham Street, Flemming Street, 7th Street and Colwyn Avenue. The proposed work will include design and construction of 93, 589 square feet of pavement rehabilitation and extend the service life ( see Attachment 2 — Pavement Improvements).

The above CDBG Applications request a total of $ 350, 000 in Construction Improvements Project Proposals.

Attachment 1 - Enhanced Code Enforcement Application
Attachment 2 - Pavement Improvements Application
-3-
ATTACHMENT 1
Enhanced Code Enforcement Application
-4-
Construction Program Application

SAX RF RNAR U IAU
COUNTY
San Bernardino County
Fiscal Year 2024 - 2025
Construction Improvement Application
Fiscal Year 2024 - 2025
The following documents must be submitted in the order listed, please be sure to submit all attachments to your application.

Log Number
Office Use Only)
Exhibit 1: Organization Information
Exhibit 2: Project Information
Exhibit 3: Project Characteristics
Exhibit 4: Priority Needs:

Wl Exhibit 5: Project Budget & Sources
Exhibit 6: Proposed Goals and Milestones
Exhibit 7: Agency Capacity Narrative
Exhibit 8: Civil Rights Laws Compliance And HUD Good Standing Exhibit 9: Signatures And Assurances
aMaintenance And Operations Agreement
Application Checklist
-5-
Construction Program Application
Exhibit 1
Organization Name:

City of Highland
Organization Information
Organization Address:
27215 Base Line
City/State/Zip: lHighland / California / 92346
Phone: 9098648732
Fax: 9098623180
Email: kstater cit ofhi hland. or
Applicant Type: Local Government Agency
Authorized Person Name: Lawrence A. Mainez
Authorized Person' s Title: lCommunity Development Director Fiscal Year 2024 - 2025
Address: 127215 Base Line
City/ State/ Zip: lHighland / CA / 92346
Phone: 19098648732 x215
Fax: 9098623180
Email: Imainez cit ofhi hland. or
Application Contact Person' s Name: Kim Stater
Application Contact Person' s Title: lAssistant Community Development Director Explain the Agency' s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving population, 5) Supportive Services, their Funding Sources, and Start/ End Dates. 1) Highland is dedicated to the betterment of the individual, the family, the neighborhood and the community. The City Council and the staff are dedicated to providing the quality of public facilities and services that its citizens are willing to fund and will do so as efficiently as possible. The mission is established to reflect the following beliefs which represent the predominant beliefs of the community. They express what matters most in the conduct of public affairs affecting the citizenry of Highland, responsibility, services accountability, creativity, neighborhood sustainability, vision and family. 2) The City' s purpose is to develop a vibrant economy for the benefit of our citizens and businesses. 3) Highland has a diverse population of approximately 56, 000 persons. 4) The City of Highland incorporated in 1987, serving the community for 36 years. 5) N/ A
-6-
Construction Program Application Fiscal Year 2024 - 2025 Exhibit 2: Project Information
Project Title:

Enhanced Code Enforcement
Address:
27215 Base Line
Citv / State/ Zip:

Highland / California / 92346 I
County Supervisorial District where project will be located:
1 sc District 2nd District ® 3rd District: 4t" District 5th District Is this a new construction project, or a request for additional funding to an existing CDBG Project? Request for additional funding to an existing CDBG project If requesting additional funds for an existing CDBG project, provide prior CDBG project number? HIGH- 23- 1- 15- 1355
Project Type ( Description):

The project proposes to revitalize lower -income neighborhoods and improve public health and safety through the outreach and enforcement of property maintenance standards. The program would partially fund three City staff. Staff would inspect and identify residential and commercial property deficiencies, contact the responsible party, provide resources for abatement, and conduct outreach in response to homelessness.

Eligible Block Group
Indicate eligible Block Group to be benefited by CDBG Funds requested.

Provide a map identifying the eligible census block as indicated in the Eligible Census Blocks. 090710063022, 06710064021, 06710064022, 060910065, 00106091, 007408206, 0710074072, 060710074101, 060710076011, 060710076012, 060710076013, 060710076014, 060710076031, 060710076032, 060710076033, 060710076042 -7-
Construction Program Application
EXHIBIT 2A: Countywide Vision
Fiscal Year 2024 — 2025
Indicate Yes/ No in the table below which countywide vision goals are pertinent to the proposed project.

Countywide Vision
Countywide Vision Yes/ No
Implement the Countywide Vision.

Yes
Create, Maintain and Grow Jobs and Economic
Value in the County. No
Improve County Government Operations.

No
Operate in a Fiscally -Responsible and Business - Like
Manner. Yes
Ensure Development of a Well -Planned, Balanced,
and Sustainable County. Yes
Maintain Public Safety.

Yes
Provide for the Health and Social Services Needs of
County Residents. Yes
Pursue County Goals and Objectives by Working
with Other Governmental Agencies. Yes
Provide a brief narrative of how your project meets the Countywide Vision:

Highland shares the County' s vision for a vibrant economy, quality community health, public safety and housing. Providing quality housing to all economic segments of the community and ensuring all residents have a neighborhood in which individuals and families can thrive and be proud of is a key component to the community' s success. To achieve these goals, the City must stop neighborhood decline through the enhancement of Code Enforcement efforts and outreach. Staff will seek to eliminate the accumulation of trash and debris, substandard housing, abandoned vehicles, overgrown vegetation and zoning violations that negatively affect the quality of life for individuals, families and neighborhoods. The project would partially fund a Code Compliance Officer who would conduct inspections and abate violations, a portion of an Administrative Assistant to assist with admin duties, and a portion of the Community Development Director who will provide direction on an as -needed basis. City staff will provide information and services to residents with violations. -8-
Construction Program Application
Exhibit 3: Project Characteristics
Fiscal Year 2024 - 2025
Street address and nearest cross streets of the site where the program will be carried out:

Legal property owner:

N/ A
What is the current zoning?
Is this use permitted in this zoning?
N/ A
Is a conditional use permit required? Yes/ No
No
Complete applicable items for all construction projects:

Assessor' s parcel number:

N/ A
Square footage of proposed building or building addition:

N/ A
Square footage of construction site parcel:

N/ A
Length of improvements if street, water or sewer project:

N/ A
Service capacity of existing facility:

Improved service capacity of the facility:

N/ A
Age of structure:

N/ A
Is the structure registered as a historic landmark under state, federal or local Law? N/ A
Describe the geographic boundaries of the neighborhood, community, or region to be served by this project. This description must include service area boundaries if land acquisition or structural improvements are proposed ( attach a map):

The boundaries can be described as the City' s CDBG Target Area generally located south of Highland Avenue and west of State Route 210.
-9-
Construction Program Application
Exhibit 4: Priority Needs:

Complete the table below by answering " Yes" or " NO".

Fiscal Year 2024 - 2025
Public Facility' s Needs: Yes/ No:

Senior Center Improvements No
Community Center Improvements No
Child Care Center Improvements No
Youth Center Improvements No
Park & Recreation Improvements No
Social Care Facility Improvements No
Code Enforcement Needs Yes
Code Enforcement Yes
Demolition and Clearance Yes
Blight Abatement Yes
Infrastructure Needs No
Water and Sewer Improvements No
Drainage Improvements No
Street Improvements No
Sidewalk Improvements No
Commercial/ Industrial Infrastructure Development No
Accessibility Needs No
Removal of Architectural Barriers No
Historic Preservation Needs: Yes
Historic Preservation Improvements Yes
Other:
-10-
Construction Program Application
Exhibit 4: Priority Needs ( continued)
HUD Demographics: ( Please indicate Yes/ No)
Does this project help prevent homelessness?
No
Does this project help the homeless?
Yes
Does this project help those with HIV or AIDS?
No
Does this project primarily help persons with disabilities? No
Why this project is considered a priority?
Fiscal Year 2024 - 2025
he project protects and improves the physical health and economic vitality of its residents nd businesses by ensuring health & safety and property maintenance Code violations are orrected. The City halts the deterioration of housing stock in lower income neighborhoods. tnls project Is neeaea, Z) Re Me ev1ue1we w ZIUVJIQI IL C1lG ICY 1 MccU The project is needed to improve property conditions in the City, encourage affordable housing and improve living conditions. The Target Area suffers from blighted conditions such as a lack of property maintenance, substandard living conditions, illegal and unsafe structures.

Why must this proposed project be funded now versus receiving funding in future years?
e decline of residential and non- residential infrastructure is incremental. The longer the City sits to address issues, the more numerous and compounded they become.

What are the ramifications if this project is not recommended for funding in this fiscal The City' s Code Enforcement efforts would be reduced. Violations may go unanswered and further the decline of properties in the CDBG Target Area. Housing neighborhood stabilization efforts would suffer and recover in the City' s economically disadvantaged neighborhoods would be impaired.
-11-
Construction Program Application Fiscal Year 2024 - 2025 What is the project' s population to be served?
The project will be conducted within the City' s CDBG Target Area and will assist the economically disadvantaged. It will serve families of low, very -low and extremely -low income.

It will serve areas that contain the oldest housing stock in the City with the least amount of infrastructure and opportunities.
what is the nroiects accomplishment level?
The project will reduce the number of substandard property violations including the accumulation of trash and debris, overgrown vegetation, illegal construction, inoperative vehicles, etc. Efforts will make a visible and quantifiable improvement. While addressing violations, staff will direct resources related to housing and economic development programs that assist disadvantaged families.

Summarize the Scope of Work; include in your summary the number of units or activities the oroiect will complete with CDBG funds.

The Officer will conduct daily inspections and issue warnings and violations as necessary.

They will provide residents with referrals to housing advocates, legal aide and other social services. The Officer will coordinate with San Bernardino County Animal Control, Weed Abatement, Vector Control and Sheriffs Office. Approximately 100 inspections can be expected each month at 70 properties resulting in 20 violations. The Administrative Assistant will manage the related document filing to maximize the Officer' s time in the field.

Describe how the project preserves a low and moderate -income nelgnpornooa, or rovides other community Denerlis.

The project will halt and improve property conditions. Considerable decline is visible in the lack of maintenance, illegal additions, abandoned vehicles, overgrown vegetation, etc. The identification and rectification of these items will improve individual properties, their surrounding neighborhood, and City as a whole. Business attraction and retention within the Target Area is key to revitalization of vacant and substandard commercial and industrial properties.
-12-
Construction Program Application
Exhibit 5: Project Budget & Sources
Fiscal Year 2024 - 2025
Provide the estimated financial data for the project as requested below for the appropriate project group. Costs should be based on the best information available. When preparing this data, consider the following factors: ( a) project should be completed in one phase if possible, or if phased, operational capability of the phases should be independent of each other: ( b) a phased project should be prioritized and broken into distinct parts, with estimated cost and priority for each part; ( c) apply federal prevailing wage rates to construction projects over 2, 000.

Project Budget
SB County Share ($): Other Source ($):

Architectural and
engineering services
Site acquisition
Local Review application
Construction
Other: 120, 000. 00 251, 750. 00
Total 120, 000. 00 251, 750. 00
Overall Total Project Cost: ( CDBG Share + Other Source) 371, 750. 00 -13-
Construction Program Application Fiscal Year 2024 — 2025 Exhibit 5A: CDBG Funds Requested and Leveraging Information Indicate the amount being requested by the city.

City Amount Requested ($)
This amount should match the grand
total requested from CDBG Share)
Highland 120, 000. 00
Leveraging items may include any written commitments that will be used towards your cash match requirements in the project, as well as any written commitments for building, equipment, materials, services and volunteer time.

Source of Type of Funding: ( Grant Name, Amount ($): Date Funding: EFSP Money) Available:
1112212016
Federal
Funding
State
Funding
County
Funding
Private
Funding
Other: City General Fund
251, 750. 00 07/ 01 / 2024
Total Leveraging Funds 251, 750. 00
01 -14-
Construction Program Application Fiscal Year 2024 - 2025 Exhibit 6: Proposed Goals and Milestones
Explain how the project will meet contract goals and milestones. For example, project expenditures and performance/accomplishment goals of 40% by September 30tn, 50% by December 31st, 80% by March 31st, and 100% by June 30t"
Staff will notate time spent on the project by location and number of minutes. These will be tabulated each month and processed by the City' s Finance Division. The City expects to invoice for approximately 1/ 12th of the project funding each month.

Fill- in the table below with dates for submission of reimbursement claims and the estimated amount of each.

Date of
Reimbursement:

Amount ($):
07/ 01 /2024 10, 000. 00
08/ 01 / 2024 10, 000. 00
09/ 01 /2024 10, 000. 00
10/ 01 / 2024 10, 000. 00
11 / 01 / 2024 10, 000. 00
12/ 01 /2024 10, 000. 00
01 / 01 / 2025 10, 000. 00
02/ 01 /2025 10, 000. 00
03/ 01 / 2025 10, 000. 00
04/ 01/ 2025 10, 000. 00
05/ 01/ 2025 10, 000. 00
06/ 01 / 2025 10, 000. 00
Total Reimbursement: 120, 000. 00
ifl
-15-
Construction Program Application
EXHIBIT 7: Agency Capacity Narrative
Non -Profit Organizations Only)
Fiscal Year 2024 - 2025
Describe the roles of key administrators, staff members, and volunteers within your agency that will implement the proposed project. In your description include experience, education, and licensing aualifications.

Describe your agency' s experience in administering government and/ or public funds.

Describe your method to sustain project viability over the multi -year process if funding decreases.

N/ A
INSTRUCTIONS: Complete the table below by marking " YES" or " NO to the questions listed below.

Question: Yes/ No
Example: Have you received federal funds in the past five years? Yes In the past ten years, has your organization ever had its nonprofit status revoked or withheld by the IRS, the Secretary of State, the State Attorney No General, or the Franchise Tax Board?
Has your organization been sued in the last five years? Are any of your managers or staff with fiscal responsibilities involved in litigation presently that has any bearing on fiduciary trust or employee relations?
Have any unfavorable rulings been handed down by any court against your organization or Executive Director the last five years? Does your organization currently have any unresolved fiscal, reporting, or program issues with any of its funding sources?
WA
-16-
Construction Program Application Fiscal Year 2024 — 2025 Exhibit 8: Civil Rights Laws Compliance And HUD Good Standing Answer the following questions:

Has your organization been a past recipient of assistance under a HUD McKinney Act program or the HUD Single Family Property Disposition Homeless Program? No
If you have been a recipient under either of these programs, has your agency experienced any project or construction delay, HUD finding or outstanding audit that HUD deems serious regarding the administration of HUD McKinney Act programs or the HUD Single Family Property Disposition Homeless Program?
No
If you answered "Yes", please explain the circumstances and outcome below.

Applicants must be in compliance with applicable civil rights laws and Executive Orders. Applications will be rejected if your agency has any of the following: ( 1) Any pending civil rights lawsuit instituted by the U. S. Department of Justice; ( 2) Any noncompliance with civil rights statutes, Executive Orders or regulations as a result of formal administrative proceedings, unless the applicant is operating under a HUD -approved compliance agreement designed to correct the area of noncompliance or is currently negotiating such an agreement; ( 3) Any unresolved Secretarial charge of discrimination issues under Section 810(g) of the Fair Housing Act, as implemented by 24 CFR 103:400; ( 4) Any adjudication of a civil rights violation in a civil action brought against the Organization by a private individual, unless the applicant is operating in compliance with a court order designed to correct the area of noncompliance or the applicant has discharged any responsibility arising from such litigation; ( 5) Any deferral of the processing of applications from the sponsor imposed by HUD under Title VI of the Civil Rights Act of 1964, the Attorney General' s Guidelines ( 28 CFR 50. 3) or the HUD Title VI regulations ( 24 CFR 1. 8) and procedures, or under Section 504 of the Rehabilitation Act of 1973 and HUD Section 504 regulations ( 24 CFR 8. 57). If one or more of these situations exists with your Organization, please attach a brief description.
13 -17-

CSAN BERNARDINO
COUNTY
E- Signature Authorization
San Bernardino County
Community Development and Housing Departmemt
Community Development Block Grant
2024 - 2025 Application
In order to comply with all applicable federal grant regulations, a hard -copy of this E- Signature Authorization containing an original wet signature must be filed with the San Bernardino County Community Development and Housing ( CDH) in order for the applicant to electronically sign the Community Development Block Grant ( CDBG) application documents online. This authorization may only be completed by a registered owner, partner, executive officer, or authorized employee ( with proof of authorization) of the applicant submitting this form and must contain an original signature to be submitted to the CDH.

Authorization Agreement
I am an owner, partner, executive officer, or duly authorized employee of the below -listed applicant and have authority to enter into agreements on behalf of the below -listed applicant. CDH may rely on the receipt of such agreements executed and delivered by facsimile or other electronic means as if the original had been received. The undersigned agrees that the electronic signatures appearing on documents submitted from the below -listed applicant are the same as handwritten signatures for the purposes of validity, enforceability and admissibility. By signing this Electronic Signature Authorization Agreement, I authorize the CDH to accept, via electronic submission, documents submitted from the below -listed applicant as required by the CDH' s CDBG 2024- 2025 Funding Application.

I understand that CDH may change the CDBG application system from time to time. I agree that the below -listed applicant will electronically sign all documents requiring a signature related to the CDBG funding application.

My signature on this form certifies that:

I agree that entering my name in the CDBG funding application system constitutes my electronic signature. I understand that any information and documents submitted using my name is electronically certifying my signature. I understand that I am legally bound, obligated, and responsible by use of my electronic signature as much as I would be by my handwritten signature. I agree that I will protect my signature from unauthorized use, and that I will contact CDH immediately, upon discovery that my electronic signature has been compromised. I certify that my electronic signature is for my own use, and that I will not delegate it or share it with any individual.

This request is effective immediately upon receipt by the CDH and will remain in effect until the end of the 2024 - 2025 CDBG funding cycle or I choose to cancel this request via written notification to the CDH. I understand that it is my responsibility to update and/ or cancel this request under all circumstances, including my departure or terminated association with the below -listed applicant.

By signing the E- Signature Authorization Form we certify that this agency will also comply with the following:

Non- discrimination
This organization will, through all possible means, ensure equal opportunity for all persons to receive services, to participate in the volunteer structure, and to be employed regardless of age, handicap, national background, race, religion, or sex. An existing sectarian nature of the agency shall not suffer impairment under this agreement, but participation in religious observances, rituals or services will not be required as a condition of receiving food, services, or shelter paid for by this grant.

Accountability
We commit this organization, if a grant is received, to provide all reports to the County as required; to expend monies only on eligible costs; to keep complete documentation ( copies of all canceled checks, invoices, receipts, etc.) on all expenditures for a minimum of three years; to spend all funds and close out the program on the required date; to return any unused funds to the County to cooperate with monitoring or site visits, and; to provide complete documentation of expenses to the County, if requested, by the required date.

We affirm that all information in this application is true and correct to the best of our knowledge and that the applicant under our authority will execute its responsibility under the proposed contract and adhere to all other applicable rules and regulations to the fullest extent possible.

Non - collusion
This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the proposer has not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; the proposer has not in any manner sought by collusion to secure for him/ herself an advantage over any other proposer.

Applicant Information
Agency Name: Federal Tax ID No.:

City of Hlghland 33- 0270638
Mailing Address: Phone No.:
27215 Base Line 909) 864- 8732
Email Address: Fax No:
kstater@cityofhighland. org
909) 862- 3180
Authorized Signature
Print Name: Print Title:

Lawrence A. Mainez Community Development Director
Signature: Date:
11/ 15/ 2023
Please send the signed copy of this one page agreement to:

San Bernardino County Community Development and Housing Department 215 North D Street, Suite 302, San Bernardino, CA 94215- 0043 Attn: CDBG Application
14 -18-
Construction Program Application
Maintenance and Operations Agreement
Fiscal Year 2024 - 2025
Please keep in mind the Maintenance and Operations cost is ineligible for CDBG funds.

All capital improvements or facilities will require a Maintenance and Operation ( M & O) contract. The MAINTENANCE AND OPERATION COMMITMENT must be signed by a representative of the M & O entity with authority to obligate the organization.
1) MAINTENANCE AND OPERATION COMMITMENT: The governing body of the below named public, quasi -public, or non- profit entity has the financial capacity and is willing to assume the Maintenance and Operation ( M & O) responsibility and costs associated with the indicated community development project. This body has reviewed the " Estimated Annual Maintenance and Operation Budget" part of this section. To the best of this body's ability, it has determined this budget to be a true and accurate estimate of the annual M & O costs for the proposed project.

It is understood that without a commitment for maintenance and operation, the indicated project may not be considered for funding under the Community Development Block Grant program. Should this project be funded, a formal M & O contract shall be written and signed before any funds can be released.

NOTE: The Maintenance and Operation cost for capital improvements and facilities are not eligible for CDBG funding.

Proposed Proiect:

Enhanced Code Enforcement I
Le al/ Incorporated Name of Prospective M& O Entity:

Citv of Hiqhland
Address:
27215 Base Line
Federal I. D. Number of M& O Entity:
33- 2027
Signature: Lawrence A. Mainez
Print Name: Lawrence A. Mainez
Title: Community Development Dire(
Date: 11 / 15/ 2023
15 -19-
Construction Program Application
Maintenance and Operations Expenses
Fiscal Year 2024 - 2025
Utilities Amount ($):

Electric
Water
Gas
Telephone
Disposal Service
Other:

Sub -Total

0. 00
Materials
Janitorial Supplies
Office Supplies
Recreational Supplies
Ground Supplies
Other:

Sub -Total 0. 00
Maintenance — Capital Improvements
Building Repair
Maintenance of Equipment
Improvements to Property
Other:

Sub -Total 0. 00
Insurance
Liability
Fire
Other:

Sub -Total 0. 00
16 -20-
Construction Program Application Fiscal Year 2024 - 2025 Personnel
Maintenance
Secretary
Administrator
Program Staff
Other:

Sub -Total

0. 00
M& O Annual Expense Total 0. 00
List out all sources and liabilities such as budget sources, membership, user fees, etc.

Revenue Sources: Amount ( ):

Budgeted Revenue Total

0. 00
Assets/ Liabilities Amount $
Budgeted Revenue minus M& O Expense

0. 00
17 -21-
Construction Program Application
CDBG Application Checklist
Non -Profit Agency Only)
Fiscal Year 2024 - 2025
Community -based organizations are required to include one copy of the items listed below. If you are not submitting these items at this time, please notify Community Development and Housing at ( 909) 501- 0600 to make other arrangements. The following Information is required before any contract or reimbursement can be completed.
o Summary of agency' s current year General Operating Budget o List of agency' s Board of Directors, including names and addresses o Proof of existing non- profit/tax-exempt status ( Letters from the Federal Internal Revenue Service and State Franchise Tax Board)
o Current certificate of insurance and amounts covered
o Organizational chart
o Minutes of last Board meeting
o Non- Profit agency' s must be Registered in the System of Award Management ( SAM) website. Agency cannot be funded if they have been debarred in the past. o Provide board minutes/ letter that authorizes the executive director or program manager to run the project.

If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file.
18 -22-
ATTACHMENT 2
Pavement Improvements Application
-23-
Construction Program Application
CSAN

BERNARAINO
OUNTY
San Bernardino County
Fiscal Year 2024 - 2025
Construction Improvement Application
Fiscal Year 2024 - 2025
The following documents must be submitted in the order listed, please be sure to submit all attachments to your application.

Log Number
Office Use Only)
Exhibit 1: Organization Information
Exhibit 2: Project Information
Exhibit 3: Project Characteristics
Exhibit 4: Priority Needs:

Exhibit 5: Project Budget & Sources
Exhibit 6: Proposed Goals and Milestones
Exhibit 7: Agency Capacity Narrative
Exhibit 8: Civil Rights Laws Compliance And HUD Good Standing Exhibit 9: Signatures And Assurances
Maintenance And Operations Agreement
Application Checklist
-24-
Construction Program Application
Exhibit 1
Organization Name:

City of Highland
Organization Information
Organization Address:
27215 Base Line
City/ State/ Zip: lHighland / CA / 92346
Phone: 9098646861
Fax: 9098643180
Email: czamano cit ofhi hland. or
Applicant Type: lCity
Authorized Person Name: lCarlos Zamano
Authorized Person' s Title: jPublic Works Director/ City Engineer Address: 127215 Base Line
City/ State/ Zip: lHighland / CA / 92346
Phone: 909 864- 6861
Fax: 9098643180
Email: czamano cit ofhi hland. or
Application Contact Person' s Name: lCarlos Zamano
Application Contact Person' s Title: Public Works Director/ City Engineer Fiscal Year 2024 - 2025
Explain the Agency' s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving population, 5) Supportive Services, their Funding Sources, and Start/End Dates. 1) Mission: Highland is dedicated to the betterment of the individual, the family, the neighborhood and the community. The City Council and staff of the City of Highland are dedicated to providing the quality of public facilities and services that its citizens are willing to fund and will do so as efficiently as possible. 2) Purpose: To develop a vibrant economy for the benefit of our citizens and businesses; 3) Population served: 56, 705; 4) Number of years serving population: 33; 5) Supporting Services: Transportation, Funding Sources: Local and State funds, Start Date: 7/ 1/ 24, End Date: 6/ 28/ 25. -25-
Construction Program Application Fiscal Year 2024 - 2025 Exhibit 2: Project Information
Project Title:
2024/ 2025 Cunningham St, Flemming St, 7th St and Colwyn Ave Address:
27215 Base Line
Citv / State/ Zip:

Hiqhland / CA / 92346
County Supervisorial District where project will be located:
1 st District 2nd District ® 3rd District: 4th District 5th District Is this a new construction project, or a request for additional funding to an existing CDBG Project? New Construction Project
If requesting additional funds for an existing CDBG project, provide prior CDBG project number? 1 7=
Project Type ( Description):

Construct pavement rehabilitation and ancillary work on two streets located in two neighborhoods within the CDBG Low -Mod Income eligible block area boundaries within the City of Highland including: 1) Cunningham Street between Cypress Street & 6th Street, 2) Flemming Street between Cunningham Street and Colwyn Avenue, 3) 7th Street between Cunningham Street and Colwyn Avenue, and 4) Colwyn Avenue between Hibiscus Street and 7th Street
Eligible Block Group
Indicate eligible Block Group to be benefited by CDBG Funds requested.

Provide a map identifying the eligible census block as indicated in the Eligible Census Blocks.

Block groups to be benefited are Block Group 007603 which includes; Cunningham Street between Cypress Street & 6th Street, Flemming Street between Cunningham Street and Colwyn Avenue, 7th Street between Cunningham Street and Colwyn Avenue, and Colwyn Avenue between Hibiscus Street and 7th Street
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Construction Program Application
EXHIBIT 2A: Countywide Vision
Fiscal Year 2024 - 2025
Indicate Yes/ No in the table below which countywide vision goals are pertinent to the proposed project.

Countywide Vision
Countywide Vision Yes/ No
Implement the Countywide Vision.

Yes
Create, Maintain and Grow Jobs and Economic
Value in the County. No
Improve County Government Operations.

No
Operate in a Fiscally -Responsible and Business -Like
Manner. No
Ensure Development of a Well -Planned, Balanced,
and Sustainable County. Yes
Maintain Public Safety.

Yes
Provide for the Health and Social Services Needs of
County Residents. No
Pursue County Goals and Objectives by Working
with Other Governmental Agencies. No
Provide a brief narrative of how your project meets the Countywide Vision:

The project includes improvements in six residential neighborhoods that are near and have convenient access to commercial and planned development areas. The project will improve public infrastructure from a deteriorated state to new condition, provide a safer and more convenient and attractive transportation environment, and will provide low- income residents with better access to job opportunities in the local area. -27-
Construction Program Application
Exhibit 3: Project Characteristics
Fiscal Year 2024 - 2025
Street address and nearest cross streets of the site where the program will be carried out:

Legal property owner:

City of Highland
What is the current zoning?
Public Right -of -Way
Is this use permitted in this zoning?
Yes
Is a conditional use permit required? Yes/ No
No
Complete applicable items for all construction projects:

Assessor' s parcel number:

N/ A
Square footage of proposed building or building addition:

N/ A
Square footage of construction site parcel:
93589
Length of improvements if street, water or sewer project:
2533
Service capacity of existing facility:

Improved service capacity of the facility:

N/ A
Age of structure:

Cunningham St between Cypress St and 6th St, located within existing CDBG area boundaries in some of the City' s lowest socioeconomic areas. See attached Project Location Map.
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Construction Program Application
Exhibit 4: Priority Needs:

Complete the table below by answering " Yes" or " NO".

Fiscal Year 2024 - 2025
Public Facility' s Needs: Yes/ No:

Senior Center Improvements No
Community Center Improvements No
Child Care Center Improvements No
Youth Center Improvements No
Park & Recreation Improvements No
Social Care Facility Improvements No
Code Enforcement Needs No
Code Enforcement No
Demolition and Clearance No
Blight Abatement No
Infrastructure Needs Yes
Water and Sewer Improvements No
Drainage Improvements No
Street Improvements Yes
Sidewalk Improvements No
Commercial/ Industrial Infrastructure Development No
Accessibility Needs Yes
Removal of Architectural Barriers No
Historic Preservation Needs: No
Historic Preservation Improvements No
Other: No
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Construction Program Application
Exhibit 4: Priority Needs (continued)
HUD Demographics: ( Please indicate Yes/ No)
Does this project help prevent homelessness?
No
Does this project help the homeless?
No
Does this project help those with HIV or AIDS?
No
Does this project primarily help persons with disabilities? No
Why this project is considered a priority?
Fiscal Year 2024 - 2025
ie project is priority for the City because it will rehabilitate public streets that are in poor and it pavement condition to new conditions extending their service life for another 20 years. tnis protect is neeaea, zz,, iie ine eviaence io suUsLanuaLU Lnc necU , urrent street conditions are poor and fair and, without the rehabilitation proposed herein, ould continue to deteriorate and would present hazards for the motoring public.

Why must this proposed project be funded now versus receiving funding in future years?
If not repaired now, these streets will deteriorate to the point that they become hazardous to the motoring public, and that these streets would need to be completely removed and replaced in the future at a much higher cost.

What are the ramifications if this project is not recommended for funding in this fiscal Street hazards and much higher repair cost in the future, as the streets continue deteriorating. 7 -30-
Construction Program Application Fiscal Year 2024 - 2025 What is the project' s population to be served?
56705
vvhat is the projects accompilsnmeni ievei
This project will rehabilitate neighborhood streets that have deteriorated to new conditions and will help to improve quality of life and property values in six of the City' s lowest socioeconomic neighborhoods.

Summarize the Scope of Work; include in your summary the number of units or activities the project will complete with CDBG funds.

The project will include design and construction of 93, 589 SF of pavement rehabilitation in six low- income neighborhoods in the City of Highland.

Describe how the project preserves a low and moderate - income neighborhood, or rovides Omer community Denetlts.
e proposed street pavement rehabilitation will extend the service life of four streets in one the City' s lowest socio- economic neighborhoods for another 20 years. -31-
Construction Program Application
Exhibit 5: Project Budget & Sources
Fiscal Year 2024 - 2025
Provide the estimated financial data for the project as requested below for the appropriate project group. Costs should be based on the best information available. When preparing this data, consider the following factors: ( a) project should be completed in one phase if possible, or if phased, operational capability of the phases should be independent of each other: ( b) a phased project should be prioritized and broken into distinct parts, with estimated cost and priority for each part; ( c) apply federal prevailing wage rates to construction projects over 2, 000.

Project Budget
SB County Share ($): Other Source ($):

Architectural and
engineering services
25, 000. 00
Site acquisition
Local Review application
Construction 230, 000. 00 30, 000. 00
Other:

Total 230, 000. 00 55, 000. 00
Overall Total Project Cost: ( CDBG Share + Other Source) 285, 000. 00 -32-
Construction Program Application Fiscal Year 2024 — 2025 Exhibit 5A: CDBG Funds Requested and Leveraging Information Indicate the amount being requested by the city.

City Amount Requested ($)
This amount should match the grand
total requested from CDBG Share
Highland 230, 000. 00
Leveraging items may include any written commitments that will be used towards your cash match requirements in the project, as well as any written commitments for building, equipment, materials, services and volunteer time.

Source of Type of Funding: ( Grant Name, Amount ($): Date Funding: EFSP Money) Available:
11122/ 2016
Federal
Funding
State
Funding
County
Funding
Private
Funding
Other: Local Funds
55, 000. 00 07/ 01/ 2024
Total Leveraging Funds 55, 000. 00
10 -33-
Construction Program Application Fiscal Year 2024 - 2025 Exhibit 6: Proposed Goals and Milestones
Explain how the project will meet contract goals and milestones. For example, project expenditures and performance/ accomplishment goals of 40% by September 30t", 50% by December 31st, 80% by March 31St, and 100% by June 3e.

Design: 7/ 1/ 24 through 11/ 30/24 Bid Package Approval by CHD: 12/ 31/ 24 Contractor Selection: 3/ 11/ 25 Construction: 4/ 7/ 25 through 6/ 27/ 25 Fill- in the table below with dates for submission of reimbursement claims and the estimated amount of each.

Date of Amount ($):

Reimbursement:
05/ 04/ 2025 $ 70, 000. 00
06/ 01 / 2025 $ 80, 000. 00
07/ 01 / 2025 $ 80, 000. 00
Total Reimbursement: $
230, 000. 00
ill
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Construction Program Application
EXHIBIT 7: Agency Capacity Narrative
Non -Profit Organizations Only)
Fiscal Year 2024 - 2025
Describe the roles of key administrators, staff members, and volunteers within your agency that will implement the proposed project. In your description include experience, education, and licensing aualifications.

Describe your agency's experience in administering government and/ or public funds.

Describe your method to sustain project viability over the multi -year process if funding decreases.

N/ A
INSTRUCTIONS: Complete the table below by marking " YES" or " NO to the questions listed below.

Question: Yes/ No
Example: Have you received federal funds in the past five years? Yes In the past ten years, has your organization ever had its nonprofit status revoked or withheld by the IRS, the Secretary of State, the State Attorney Yes General, or the Franchise Tax Board?
Has your organization been sued in the last five years? Yes
Are any of your managers or staff with fiscal responsibilities involved in litigation presently that has any bearing on fiduciary trust or employee No relations?
Have any unfavorable rulings been handed down by any court against your organization or Executive Director the last five years? No Does your organization currently have any unresolved fiscal, reporting, or program issues with any of its funding sources? No
IN
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Construction Program Application Fiscal Year 2024 - 2025 Exhibit 8: Civil Rights Laws Compliance And HUD Good Standing Answer the following questions:

Has your organization been a past recipient of assistance under a HUD McKinney Act program or the HUD Single Family Property Disposition Homeless Program? No
If you have been a recipient under either of these programs, has your agency experienced any project or construction delay, HUD finding or outstanding audit that HUD deems serious regarding the administration of HUD McKinney Act programs or the HUD Single Family Property Disposition Homeless Program?
No
If you answered " Yes", please explain the circumstances and outcome below.

Applicants must be in compliance with applicable civil rights laws and Executive Orders. Applications will be rejected if your agency has any of the following: ( 1) Any pending civil rights lawsuit instituted by the U. S. Department of Justice; ( 2) Any noncompliance with civil rights statutes, Executive Orders or regulations as a result of formal administrative proceedings, unless the applicant is operating under a HUD -approved compliance agreement designed to correct the area of noncompliance or is currently negotiating such an agreement; ( 3) Any unresolved Secretarial charge of discrimination issues under Section 810( g) of the Fair Housing Act, as implemented by 24 CFR 103: 400; ( 4) Any adjudication of a civil rights violation in a civil action brought against the Organization by a private individual, unless the applicant is operating in compliance with a court order designed to correct the area of noncompliance or the applicant has discharged any responsibility arising from such litigation; ( 5) Any deferral of the processing of applications from the sponsor imposed by HUD under Title VI of the Civil Rights Act of 1964, the Attorney General' s Guidelines ( 28 CFR 50. 3) or the HUD Title VI regulations ( 24 CFR 1. 8) and procedures, or under Section 504 of the Rehabilitation Act of 1973 and HUD Section 504 regulations ( 24 CFR 8. 57). If one or more of these situations exists with your Organization, please attach a brief description.
13 -36-

CSAN BERNARDINO
COUNTY
E- Signature Authorization
San Bernardino County
Community Development and Housing Departmemt
Community Development Block Grant
2024 - 2026 Application
In order to comply with all applicable federal grant regulations, a hard -copy of this E- Signature Authorization containing an original wet signature must be filed with the San Bernardino County Community Development and Housing ( CDH) in order for the applicant to electronically sign the Community Development Block Grant ( CDBG) application documents online. This authorization may only be completed by a registered owner, partner, executive officer, or authorized employee ( with proof of authorization) of the applicant submitting this form and must contain an original signature to be submitted to the CDH.

My signature on this form certifies that:

By signing the E- Signature Authorization Form we certify that this agency will also comply with the following:

Non -collusion
This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the proposer has not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; the proposer has not in any manner sought by collusion to secure for him/herself an advantage over any other proposer.

Applicant Information
Agency Name:

Clty of Highland
Federal Tax ID No.:
33- 0270638
Mailing Address:
27215 Base Line
Phone No.:
909) 864- 6861
Email Address:
czamano@cityofhighland. org
Fax No:
909) 864- 3180
Authorized Signature
Print Name:

Carlos Zamano
Print Title:

Public Works/ City Engineer
Signature: Date:

Please send the signed copy of this one page agreement to:

San Bernardino County Community Development and Housing Department 215 North D Street, Suite 302, San Bernardino, CA 94215- 0043 Attn: CDBG Application
14 -37-
Construction Program Application
Maintenance and Operations Agreement
Fiscal Year 2024 - 2025
Please keep in mind the Maintenance and Operations cost is ineligible for CDBG funds.

All capital improvements or facilities will require a Maintenance and Operation ( M & O) contract. The MAINTENANCE AND OPERATION COMMITMENT must be signed by a representative of the M & O entity with authority to obligate the organization.
1) MAINTENANCE AND OPERATION COMMITMENT: The governing body of the below named public, quasi -public, or non- profit entity has the financial capacity and is willing to assume the Maintenance and Operation ( M & O) responsibility and costs associated with the indicated community development project. This body has reviewed the " Estimated Annual Maintenance and Operation Budget" part of this section. To the best of this body' s ability, it has determined this budget to be a true and accurate estimate of the annual M & O costs for the proposed project.

NOTE: The Maintenance and Operation cost for capital improvements and facilities are not eligible for CDBG funding.

Proposed Project:
2024/ 2025
Le al/ Incorporated Name of Prospective M& O Entity:

City of Highland
Address:
27215 Base Line
Federal I. D. Number of M& O Entity:
33- 0270638
Signature: Title: Public Works Director/ City Enq
Print Name: Carlos Zamano Date:
15 -38-
Construction Program Application
Maintenance and Operations Expenses
Fiscal Year 2024 - 2025
Utilities Amount ($):

Electric
Water
Gas
Telephone
Disposal Service
Other: Street pavement maintenance over 20- year service life 210, 000. 00 Sub -Total
210, 000. 00
Materials
Janitorial Supplies
Office Supplies
Recreational Supplies
Ground Supplies
Other:

Sub -Total 0. 00
Maintenance — Capital Improvements
Building Repair
Maintenance of Equipment
Improvements to Property
Other:

Sub -Total 0. 00
Insurance
Liability
Fire
Other:

Sub -Total 0. 00
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Construction Program Application Fiscal Year 2024 - 2025 Personnel
Maintenance
Secretary
Administrator
Program Staff
Other:

Sub -Total

0. 00
M& O Annual Expense Total 210, 000. 00
List out all sources and liabilities such as budget sources, membership, user fees, etc.

Revenue Sources: Amount ( ):

Local Funds 210, 000
Budgeted Revenue Total 210, 000
Assets/ Liabilities Amount $
Budgeted Revenue minus M& O Expense 0. 00
17 -40-
Construction Program Application
CDBG Application Checklist
Non -Profit Agency Only)
Fiscal Year 2024 - 2025
Community - based organizations are required to include one copy of the items listed below. If you are not submitting these items at this time, please notify Community Development and Housing at ( 909) 501- 0600 to make other arrangements. The following information is required before any contract or reimbursement can be completed.
o Summary of agency' s current year General Operating Budget o List of agency' s Board of Directors, including names and addresses o Proof of existing non- profit/ tax- exempt status ( Letters from the Federal Internal Revenue Service and State Franchise Tax Board)
o Current certificate of insurance and amounts covered
o Organizational chart
o Minutes of last Board meeting
o Non- Profit agency' s must be Registered in the System of Award Management ( SAM) website. Agency cannot be funded if they have been debarred in the past. o Provide board minutes/ letter that authorizes the executive director or program manager to run the project.

If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file.
18 -41-
-42-

STAFF REPORT

TO THE CITY COUNCIL
DATE: November 14, 2023
FROM: Joseph Hughes, City Manager
REVIEWED BY: Lawrence A. Mainez, Community Development Director Betty Hughes, MMC, City Clerk
PREPARED BY: Camille Goritz, Administrative Assistant III SUBJECT: Declare One ( 1) Seat Vacant on the Planning Commission RECOMMENDATION: Staff recommends the City Council:

1. Declare one ( 1) seat vacant on the Planning
Commission; and

2. Direct the City Clerk to advertise the vacancy on the Planning Commission.

PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website.

BACKGROUND: Pursuant to Chapter 2. 16. 020 of the Highland Municipal Code, the Planning Commission shall consist of five members who shall be appointed by the City Council. Each member of the Planning Commission shall serve a four-year term of office.

Commissioner Sutorus resigned, therefore it would be appropriate for the City Council to declare one ( 1) seat vacant on the Planning Commission and direct the City Clerk to advertise and post those vacancies, as required by the Maddy Act.

Attachment: 1. Chapter 2. 16. 020 of Title 2 of the Highland Municipal Code pproved Motion
enied Ayes
ontinued Noes
abled Abstain
Absent
Second Agenda Item No.

File No.

City Clerk City Manager
-1-
ATTACHMENT 1
Chapter 2. 16. 020 of Title 2 of the Highland Municipal Code -2-

2. 16.020 Membership and term of office.

A. The planning commission shall consist of five members who shall be appointed by the city council. Each member of the planning commission shall serve a four-year term of office, except for the initial appointment in which two members shall hold a term of office expiring on May 1, 2017 ( a two- year term), and three members shall hold a term of office expiring on May 1, 2019 ( a four- year term). Initial terms of office shall be determined by lot by the city council upon determination of the planning commission appointment.

B. Except as otherwise set forth herein, the terms and conditions of membership, appointment and removal from the planning commission are set forth in Chapter 2. 15 HMC.

Ord. 400 § 2, 2015; Ord. 341 § 2, 2009; Ord. 290 § 2, 2004; Ord. 63 § 2, 1989) -3-

STAFF REPORT

TO THE CITY COUNCIL
DATE: November 14, 2023
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Lawrence A. Mainez, Community Development Director Kim Stater, Assistant Community Development Director'
PREPARED BY: Angela Tafolla, Associate Planner
SUBJECT: An Application by Sean and Alicia Cobb for the Mills Act Tax Adjustment Program
LOCATION: Highland Historical District
27225 Nona Ave. Highland CA 92346
Assessor' s Parcel Number: 1191- 341- 51- 0000
RECOMMENDATION: The Historic and Cultural Preservation Board recommends the City Council approve the Mills Act Agreement between the City of Highland and Sean and Alicia Cobb for the
property located at 27225 Nona Ave. Highland CA 92346 for a term of ten ( 10) years.

FISCAL IMPACT: The Mills Act Program is a tax -based incentive program offered to qualified owners of historic properties. The Program reduces annual property taxes and allows the savings to be used for maintenance, preservation and restoration of the property. The reduction in taxes is calculated by the San Bernardino County Assessor' s Office (Attachment 1 — Sample Mills Act calculation).

The City Treasurer has conducted an analysis to estimate the potential impact on City property tax revenue should this Mills Act Agreement be approved. According to the calculation, the City stands to experience a reduction in property tax revenue amounting to $ 542 per year.
221, 988 x 1 % = $ 2, 220.

Highland' s portion of the 1 % levy above is 24.4%.
2, 220 x 24. 4% = $ 542.

Approved Motion
Denied Ayes
Noes
Continue Abstain
Absent
A
City Clerk
Second Agenda
Item No.

Zra e
i
-1-
City Manager
City Council Meeting of
November 14, 2023
FISCAL IMPACT: Staff time spent working on the Mills Act historic properties undergo a year -long, three -step appraisal process to determine tax savings for the fiscal year.

On July 1st of each year, the Assessor's Office begins its assessment. Since Sean and Alicia Cobb Mills Act application will be approved on November 14, 2023, the three -step appraisal process for his property will be complete on June 30, 2024, the end of the current fiscal year. Only then can the County Assessor provide an estimate for the tax savings Sean and Alicia Cobb would receive.

Thus, only then will the exact tax reduction and its effect on Highland be known. The city currently has five ( 5) active Mills Act contracts. The reduction in annual property tax received by the city is between $ 500 and $ 1, 000 per property.

PREVIOUS ACTION: On October 19, 2023, the Historic and Cultural Preservation Board held a public meeting to review the Mills Act Application and following discussion, the Historic and Cultural Preservation Board recommended the City Council approve the agreement ( Attachment 2 — Draft HCPB Minutes).

DESCRIPTION OF THE SITE: The Site is a contributing property within the Highland Historic District. It is located on the south side of Nona Avenue, 140 feet east of Cole Avenue ( Attachment 3 — Area Map). Located on a 6, 480 square foot lot, the single -story home offers 996 square feet of living space in addition to a detached garage/ storage facility in the rear of the property. Constructed in 1925, the house features wood shingle siding, asphalt shingle roofing, and a sizable porch with overhanging eaves supported by diagonal braces ( Attachment 4 — Photos).

PROJECT REVIEW: The Mills Act Program, under State law, enables the City Council to enter into an Agreement with the owner of an historical property to reduce their annual property taxes and use the savings to preserve and rehabilitate their home.

Maintenance can include, but is not limited to, exterior renovation, interior renovation, reconditioning of architectural features, painting, re -roofing, restoration of accessory structures, walls and fencing. Improvements must be made in compliance with the Secretary of the Interior' s Standards.

The Agreement runs for a length of ten ( 10) years and is automatically renewed annually unless canceled. When the owner requests an Agreement, the terms of the renovation must be approved by the Historic and Cultural Preservation Board and City Council. Once approved, the San Bernardino County Assessor will enact the property tax relief.

A Mills Act Agreement — Historic Property Preservation Agreement must be approved by the City Council and recorded to formalize the process. Based on their projected savings, the Applicant has provided a list of improvements to be made over the next ten 10) years. Proposed improvements are exterior, interior, landscape and hardscape.

The cost of improvements exceeds the tax savings. The Historic and Cultural -2-
City Council Meeting of
November 14, 2023
Preservation Board recommends approval of the Agreement with the attached list of improvements (Attachment 5 — Mills Act Agreement).

Attachments:

1. Sample Mills Act Calculation

2. Draft HCPB Minutes

3. Area Map

4. Photos

5. Mills Act Agreement
-3-
Attachment 1
Sample Mills Act Calculation
-4-
Current assessed = $ 250, 000
valuation
Current takes 3, 125

0. 1366)
New taxes = S 1, 135
S 90, 776 x 0. 0125)
TOTAL SAYINGS OF S 1, 990

IN ANNUAL PROPERTY TAXES
-5-
Attachment 2
Draft HCPB Minutes
-6-

MINUTES

HISTORIC AND CULTURAL PRESERVATION BOARD SPECIAL MEETING November 2, 2023

CALL TO ORDER
The regular meeting of the Historic and Cultural Preservation Board of the City of Highland was called to order at 5: 00 p. m. by Chair Sandford at the Donahue Council Chambers, 27215 Base Line, Highland, California.

Present: Vice Chair Patrick Sandford
Member Tony Mauricio
Member Gail Shelton

Absent: Chair Pamela Bible ,
Staff Present: Kim Stater, Assistant Community Development Director Angela Tafolla, Associate Planner
Camille Goritz, Administrative Assistant III
Member Shelton led the Pledge of Allegiance.

COMMUNITY INPUT
None

CONSENT CALENDAR
Minutes from August 3 2023 Special Meejng.

A mot-1 ) N was made by Member Shelton, seconded by Member Mauricio, to approve as submitted. Motion carried, 3- 0, with Chair Bible being absent.

BUSINESS ITEM

2. An application by Sean, and Alicia Cobb for the Mills Act Tax Adjustment Program.

Associate Planner Tafolla presented the staff report.

Member Shelton asked are the homeowners restoring their property? Associate Planner Tafolla stated they are proposing to restore the restroom.

Assistant Community Development Director Stater stated for many years we have advertised the Mills Act to residents in the Historic District. The purpose is to give the homeowners partial relief on their property taxes and to use those funds to restore and maintain the property. These current homeowners have not lived there for an extended period of time, so all of these renovations are before they bought the property. The list of renovations that the owner is asking for are appropriate for use under the Mills Act. -7-
Member Maurico stated I am glad to hear that the homeowners are taking the proper steps to complete the Mills Act. I think it is a great property.

A MOTION was made by Member Shelton, seconded by Member Mauricio to recommend the City Council approve the Mills Act Agreement. Motion carried, 3- 0, with Chair Bible being absent.

ANNOUNCEMENTS
None.

ADJOURN
There being no further business, Vice Chair Sandford declared the meeting adjourned at 5: 08 p. m.

Submitted by: Approved by:

Camille Goritz, Administrative Assistant;;111 Patrib'k Sandford, Vice Chair -8-
Attachment 3
Area Map
-9-
4 Noes Aire
F
JW `'
-10-
Attachment 4
Photos
-11-
-12-
PIMITMam
-13-
-14-
Attachment 5
Mills Act Agreement
-15-
RECORDING REQUESTED BY:

City of Highland
WHEN RECORDED, RETURN TO:

City Clerk
City ofHighland
27215 Base Line
Highland, CA 92346
Space Above This Line for Recorder' s Use

MILLS ACT AGREEMENT

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement, is made and entered into this 14th day of November, 2023, by and between the City of Highland, a municipal corporation ( hereinafter referred to as the " City") and Sean Cobb and Alicia Cobb hereinafter referred to as the " owner").

WITNESSETH:

A. Recitals
i) California Government Code Section 50280, et. seq. authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance and restoration of such historical property so as to retain its characteristics as property of historical significance; ii) Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, common known as and generally located at the street address 27225 Nona Avenue, Highland, CA 92346, Highland, California, hereinafter such property shall be referred to as the " Historic Property"). A legal description of the Historic Property is attached hereto, marked as Exhibit " A" and is incorporated herein by this reference;
iii) The subject property is a contributing property of the Highland Historic District as defined by the City' s General Plan and City of Highland Historic District; iv) City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation -16-
pursuant to the Provisions of Chapter 3, of Part 2, of Division I of the California Revenue and Taxation Code.

B. Agreement
NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows:

Effective Date and Term of Agreement. This Agreement shall be effective and commence on _, and shall remain in effect for a term of ten ( 10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in Paragraph 2, below.

2. Renewal. Each year on the anniversary of the effective date of this Agreement hereinafter referred to as the " Renewal Date") a year shall automatically be added to the initial term of this Agreement unless notice of non -renewal is mailed as provided herein. If either Owner or City desires in any year not to renew the Agreement, Owner or City shall serve written notice of non -renewal of the Agreement on the other party in advance of the annual Renewal Date of the Agreement. Unless such notice is served by Owner to City at least ninety ( 90) days prior to the annual Renewal Date, or served by City to Owner at least sixty (60) days prior to the annual Renewal Date, one ( 1) year shall automatically be added to the term of the Agreement. If either City or Owner serves notice to the other of non -renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.

3. Assessment of Valuation. As stated in Subsection ( iv) of Section A ( Recitals) the benefit to the Owner entails the provision of property tax relief according to the capitalization of income" method set out in Revenue and Tax Code Section 439. 2.

4. Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:
a. Owner shall preserve and maintain the characteristics of historical significance of the Historic Property. Attached hereto, marked as Exhibit B", and incorporated herein by this reference, is a list of those minimum standards and conditions for maintenance, use and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement.
b. Owner shall, where necessary, restore and rehabilitate the Property according to the rules and regulations of the Secretary of the Interior' s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and in 2 -17-
accordance with the attached schedule of home improvements, drafted by the applicant and approved by the City Council, attached hereto as Exhibit "C".

Provision of Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement.

6. Cancellation. If the City determines that a property owner has breached any of the conditions of the contract or the property no longer meets the standards for a qualified historical property, the City may ( 1) bring an action in court to enforce the contract by specific performance or injunction or, ( 2) cancel the contract after providing notice and a public hearing in accordance with California Government Code Sections 50285 and 50286, as the same may be amended from time to time. In the event ofcancellation, the property owner is subject to a fee equal to 12. 5% of the fair market value of the property at the time of cancellation.

7. Enforcement ofAgreement. In lieu ofand/or addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement by Owner by giving written notice to Owner by registered or certified mail addressed to the address stated in this Agreement. Ifthe violation is not corrected to the reasonable satisfaction ofthe City within thirty (30) days thereafter, or if it is not corrected within such a reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thirty (30) days provided that acts to cure the breach or default may be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner, then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations ofOwner growing out ofthe terms ofthis Agreement, apply to any court, State or Federal for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate.

City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City' s regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under.

8. Binding Effect of Agreement. The Owner hereby subjects the Historic Property described in Exhibit " A" hereto the covenants, reservations and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner' s successors 3 -18-
and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that Owner' s legal interest in the Historic Property is rendered less valuable thereby.

City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the public and Owner.

9. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto.

To City: City of Highland
Community Development Department
27215 Base Line
Highland, CA 92346
To Owner: Sean Cobb and Alicia Cobb
27225 Nona Avenue
Highland, CA 92346

10. General Provisions.
a. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of the heirs, successors or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
b. Owner agrees to and shall hold City and its elected officials, officers, agents and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relate to the use, operation and maintenance of the Historic Property. Owner hereby agrees to and shall defend the City and its elected officials, offers, agents and employees with respect to any and all actions for n
-19-
damages cause by, or alleged to have been caused by, reason of Owner' s activities in connections with the Historic Property. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications of other documents for the Historic Property.

C. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion ofthe Historic Property, whether by operation of law or in any manner whatsoever. d. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations or restrictions contained herein, or to determine the rights and duties ofany party hereunder, the prevailing party in such proceeding may recover all reasonable attorney' s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
e. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. f. This Agreement shall be construed and governed in accordance with the laws ofthe State of California.
g. The property must undergo a full interior and exterior inspection prior to a new agreement going into effect, and every five years thereafter. h. The effective agreement shall be made binding upon and inure to the benefit ofthe property owner' s successors -in -interest.

11. Recordation. No later than twenty (20) days after parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the Office of the County Recorder of the County of San Bernardino.

12. Amendments. This Agreement may be amended, in whole or in part, only be a written recorded instrument executed by the parties hereto.

IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year written above.
5 -20-

CITY OF HIGHLAND
Larry McCallon, Mayor
ATTEST:

Betty Hughes, MMC
City Clerk

OWNER( S)
Sean Cobb
Alicia Cobb
-21-

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 San Bernardino )
On before me,
Notary Public, 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)
-22-
Exhibit " A"
Legal Description
-23-
Legal Description
27225 NONA AVENUE, HIGHLAND, CA 92346
ASSESSOR' S PARCEL NUMBER: 1191- 341- 51

LEGAL DESCRIPTION OF HISTORIC PROPERTY
TRACT 2006 LOT 20
-24-
EXHIBIT ` B"

THE SECRETARY OF THE INTERIOR' S STANDARDS FOR REHABILITATION -25-

THE SECRETARY OF THE INTERIOR' S STANDARDS FOR REHABILITATION

1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics ofthe building and its site and environment.

2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

3. Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development such as adding conjectural features or architectural elements from other buildings shall not be undertaken.

4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

5. Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.

6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials.

Replacement ofmissing features shall be substantiated by documentary, physical or pictorial evidence.

7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

10. New additions and adjacent or related new construction shall be undertaken in such a manner that ifremoved in the future, the essential form and integrity of the historic property and its environment would be impaired.
-26-
EXHIBIT " C"

POTENTIAL HOME IMPROVEMENTS
-27-

POTENTIAL HOME IMPROVEMENTS

MILLS ACT AGREEMENT
The following is a list ofimprovement projects planned to be completed over the ten ( 10) year term of the contract. These will prevent deterioration of the house, make it more comfortable to use, while, maintaining its historical appearance and character.

Year 1 - 3:
a. Upgrade electrical
b. Update landscaping
c. Plant fruit trees in backyard
d. Repair and replace roof shingles

2. Year 4- 6:
a. Replace beams and bolts of foundation
b. Refinish and improve deck
c. Main restroom restoration ( i.e. claw foot tub, tiled walls, replacing existing tile flooring, sink and existing fixtures with time period appropriate)

3. Year 7 - 10:
a. Restore front yard driveway and walking path
b. Kitchen restoration
c. Repaint the exterior of the hous
-28-

STAFF REPORT
q

TO THE CITY COUNCIL
HIGH
DATE: November 14, 2023
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Lawrence A. Mainez, Community Development Director Kim Stater, Assistant Community Development DirectorK PREPARED BY: Angela Tafolla, Associate Planner L,.

SUBJECT: An appeal ( APP 23- 001) of the Planning Commission' s approval of a Conditional Use Permit ( CUP- 23- 003);
Variance ( VAR- 23- 001); and, Design Review ( DRA- 23- 004) application to allow the construction of a 53, 665 square foot warehouse and associated improvements ( Patriot 5th &
Central, LLC).

LOCATION: A 2. 86 acre site on the south side of 5th Street, approximately 250 feet west of Central Avenue; Assessor's Parcel Number 1192- 561- 04, - 05, - 06 and - 07.

APPELLANT: Anshu Pathak
RECOMMENDATION: Staff recommends the City Council uphold the Planning Commissions approval by taking the following action:

Approved Motion
Denied Ayes
Noes
Continue Abstain
Absent
I &,,, 4,
City Clerk
Adopt Resolution No. 2023 - , denying Appeal
APP 23- 001) and upholding the Planning
Commission' s approval of Conditional Use Permit
CUP-23-003) for the development of a 53, 665 square
foot speculative industrial warehouse building;
Variance ( VAR- 23- 001) to allow the building to
exceed the maximum building height permitted in the
Business Park Zone by 14'; Design Review ( DRA-23-
004) for the project's Site Plan, Building Elevations,
Conceptual Grading Plan, Public Art Piece,
Second
CiV4anager
Agenda
n
Item No.

File No.
-1-
City Council Meeting of APP No. 23- 001
November 14, 2023
Conceptual Landscape Plan, and Adoption of a
Mitigated Negative Declaration.

FISCAL IMPACT: The Appellant provided the applicable filing fee in the amount of 248 for an Appeal as established by City Council Resolution.

ENVIRONMENTAL REVIEW: On September 19, 2023 the Planning Commission adopted Resolution No. 2023-039, Approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project. The Applicant filed a Notice of Determination with the San Bernardino County Clerk of the Board on September 25, 2023.

PUBLIC NOTICE: As required by City Council Resolution, notice of the public meeting was posted at the City' s three designated posting locations within the City. A legal notice was posted on the City' s website and mailed to property owners within 300 feet of the project site and published with the San Bernardino County Sun Newspaper on November 3, 2023. No further notice is required.

PUBLIC COMMENT: At the time of preparing this Staff Report, no comments were received by the Planning Division in response to the Project Notice for the Appeal.

DESCRIPTION OF SITE: A detailed description of the Site is included in the attached September 19, 2023, Planning Commission Staff Report. ( Attachment 1 - Staff Report from the September 19, 2023 Planning Commission Meeting) PREVIOUS ACTION: On September 19, 2023, the Planning Commission adopted Resolution No. 2023- 036, approving Conditional Use Permit ( CUP- 23- 003) for the development of a 53,665 square foot speculative industrial warehouse building; Resolution No. 2023-037, approving Variance ( VAR- 23- 001) to allow the building to exceed the maximum building height permitted in the Business Park Zone by 14'; Resolution No. 2023- 038, approving Design Review ( DRA- 23- 004) for the project' s Site Plan, Building Elevations, Conceptual Grading Plan, Public Art Piece, Conceptual Landscape Plan, and Resolution No. 2023- 039 approving Mitigated Negative Declaration. A copy of the Staff Report from the September 19, 2023, Planning Commission Meeting is attached. ( Attachments 1 — Staff Report from the September 19, 2023 Planning Commission Meeting)
BACKGROUND: In accordance with City' s Land Use and Development Code, Title 16, Section 16. 08. 210. 13, Appeals shall be addressed to the appellate body in a letter submitted to the Community Development Director. The Appellant shall state the specific reasons for the basis of the appeal. The Appellant, Anshu Pathak filed an Appeal Application on October 2, 2032. The Appeal Application and supporting letter is attached. ( Attachment 5 — Appeal Application and Supporting Letter) I-
-2-
City Council Meeting of
November 14, 2023
APP No. 23- 001
APPEAL: The Appellant is requesting that the City Council rescind the Planning Commission' s determination to approve Conditional Use Permit ( CUP- 23-003); Variance ( VAR- 23- 001); and Design Review ( DRA- 23- 004) to allow the construction of a 53, 665 square foot warehouse and associated improvements, due to various environmental assessment challenges and proposed building height as outlined in the Analysis section below.

ANALYSIS: The Appellant, Anshu Pathak, notes in his letter of justification two ( 2) main points as the basis of his appeal which he labeled " Fraud 1 and Fraud 2" ( Attachment 5 Appeal Application and Supporting Letter).

1. Notice of Public Hearing — "Fraud 1"
The Appellant points out that the Notice of Public Hearing, sent to properties within a 300- foot radius of the project site, indicated a proposed variance height of 42. 5 feet. However, the final approved height was 49' feet. The Appellant disputes that this change in height from the advertised 42. 5' to the approved 49' feet constitute a denial.

The objective of a public hearing is to engage in a comprehensive discussion concerning the specifics of a proposed project, ensuring its consistency with the City' s General Plan and compliance with the Municipal Code development standards and provisions. Project details are subject to modification during the hearing but attain finality subsequent to the adjudicative actions of the reviewing board. It is a recognized occurrence for projects to be initially advertised in a specific manner and subsequently receive approval with minor variations inclusive of site design and modification of the conditions of approval.

The initial height of 42. 5' was based on preliminary data. However, the project underwent a rigorous review process, during which it was determined that the building required additional height to accommodate essential internal warehousing elements such as racking heights, joists, lights, and fire sprinkler systems. Also, an extra 4'- 5' was needed above the roofline to screen roof - mounted equipment effectively. Within the past two years, the Planning Commission has granted similar variances to allow warehousing buildings additional height in the Business Park Zone for the same reasons. Industrial Zoned property in the City permits warehousing, at a maximum building height of 50' .

While the Appellant' s concern about the difference in the advertised building height in the Notice of Public Hearing is noted, the Planning Commission' s approval of the 49-foot height was within the authority of the Highland Municipal Code related to a Variance ( Attachment 4 — HMC Section 16. 08. 070 Variances).

It' s important to note that the change from 42. 5' to 49' was not arbitrary, but was 3 -3-
City Council Meeting of
November 14, 2023
APP No. 23- 001
necessitated by a more accurate measurement taken from the lowest grade rather than the buildings finished floor.

The change in height was openly discussed and brought to the attention of the Planning Commission during staff's presentation. The Appellant, who was present at the meeting, had the opportunity to voice his objections related to the height, which were considered prior to the Planning Commission making their final decision ( Attachment 2 - Minutes from the September 19, 2023 Planning Commission Meeting).

2. California Environmental Quality Act (CEQA) Challenges — "Fraud 2" The project' s environmental consultant provided an analysis in response to the points raised in the Appeal (Attachment 3 — Letter dated November 1, 2023, from Dudek).

The main topics covered in the report are:

Building Height Variance:

Issue: The advertised building height was 42.5 feet, but the Planning Commission approved 49 feet.

Mitigation/ Compliance: The variance is analyzed in the IS/ MND, requesting a 10- foot increase to accommodate modern warehouse needs and equipment screening. The approved height is consistent with the city's industrial zone standards, which allow up to 50 feet.

Proximity to Sensitive Receptors:

Issue: CARB guidelines recommend siting warehouses at least 1, 000 feet from sensitive receptors.

Mitigation/ Compliance: The City's General Plan includes policies to protect health by improving air quality and establishing buffer standards for new warehouses. The project area is zoned for industrial use, aligning with the General Plan' s designation for the 5th Street Corridor as a business and industrial hub.

Environmental Impact Assessments:

Issue: Potential impacts on air quality, greenhouse gas emissions, energy, and health risks.

Mitigation/ Compliance: The IS/ MND includes comprehensive studies with mitigation measures like using Tier 4 Interim Engines during construction and electric or natural gas -powered forklifts during operation, ensuring health impacts remain below significant levels. 4 -4-
City Council Meeting of
November 14, 2023
APP No. 23- 001
Traffic and Transportation:

Issue: Concerns about the number of diesel truck trips and the operation of TRUs.

Mitigation/ Compliance: Trip generation estimates were conducted, and since the warehouse does not include cold storage, TRUs are not applicable. The project adheres to designated truck routes, minimizing impact on residential areas.

Noise Impact:

Issue: Concerns about noise levels exceeding residential area standards.

Mitigation/ Compliance: Noise analysis ensures operational activities do not exceed City noise standards. Construction activities are restricted to daylight hours, and operational noise sources like HVAC and loading docks are evaluated to ensure compliance with the City's Municipal Code.

General Plan and Zoning Compliance:

Issue: Ensuring the project aligns with the City' s land use regulations and policies.

Mitigation/ Compliance: The project is consistent with the General Plan' s goals and policies, promoting industrial growth in the 5th Street Corridor and including measures to protect residential areas from industrial impacts through careful site planning and design standards.

Based on the responses noted above and Dudek's analysis letter, it is Staffs recommendation that the City Council uphold the Planning Commission' s Approval of Conditional Use Permit ( CUP- 23- 003); Variance ( VAR- 23- 001); and Design Review DRA- 23-004) to allow the construction of a 53, 665 square foot warehouse and associated improvements.

Exhibits: A. Project Location Aerial Map
B. PC Approved Project Plans
Attachments:

1. PC Staff Report from September 19, 2023

2. PC Minutes from September 19, 2023

3. Dudek response letter dated November 1, 2023

4. HMC Section 16. 08. 070 - Variances

5. Appeal Application and Support Letter

6. City Council Resolution No. 2023 — to uphold PC' s Approval k,
-5-
Exhibit A
Project Location Aerial Map
-6-
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-7-
Exhibit B
PC Approved Project Plans
-8-
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Attachment 1
PC Staff Report from September 19, 2023
-23-

STAFF REPORT

TO THE PLANNING COMMISSION
DATE: September 19, 2023
FROM: Lawrence A. Mainez, Community Development Director REVIEWED BY: Kim Stater, Assistant Community Development Director PREPARED BY: Angela Tafolla, Assistant Planner
SUBJECT: Conditional Use Permit CUP- 23- 003 for the development of a 53, 665 square foot speculative industrial warehouse building, Variance VAR- 23- 001 to allow the building to exceed the maximum building height permitted In the Business Park Zone by 10% Design Review DRA- 23- 004 for the project' s Site Plan, Building Elevations, Conceptual Grading Plan, Public Art Piece, Conceptual Landscape Plan, and Mitigated Negative
Declaration.

LOCATION: A 2. 86 acre site on the south side of 51' Street, approximately 250 feet west of Central Avenue; Assessor' s Parcel Number 1192- 561- 04, - 05, - 06 and - 07, ( Attachment 1 - Vicinity Map) OWNER: Patriot USICV Victoria, LLC
REPRESENTATIVE Herdman Architecture & Design
RECOMMENDATION: Staff recommends the Planning Commission.

Adopt Resolution No. 2023 - , approving Conditional
Use Permit CUP- 23- 003 for the development of a 53, 665 square foot warehouse/ distribution facility and related improvements;

2. Adopt Resolution No. 2023 - approving Variance VAR23- 001, allowing an increase in the maximum building height for the subject warehouse from 35 feet to 45 feet tall, 10 feet greater than permitted in the Business Park Zone;
Approved Motion __.._ :.

Denied Ayes
Noes
Continue _ Abstain
A
Recording ecretary
Second Agenda
Item No.
mmunity De
File No - - -- .
-24-
Planning Commission Meeting of
September 19, 2023
Patriot Partners
51h Street & CentraI

3. Adopt Resolution No. 2023- _ approving Design Review Application DRA- 23- 004 for the Site Plan, Building
Elevations, Conceptual Grading Plan, Public Art Piece and Conceptual Landscape Flan, subject to the Conditions of Approval, and the Findings of Fact; and

4. Adopt Resolution No. 2023-_, approving a Mitigated
Negative Declaration and direct Staff to File and Notice of Determination with San Bernardino County Clerk of the
Board of Supervisors;
FISCAL IMPACT: The Applicant submitted the required deposit for processing the entitlements. Staff time spent working on the applications is charged to this balance. In addition, the developer will be required to pay Development Impact Fees ( D[ Fs) to offset the costs of public facilities and infrastructure and construct on- and off -site improvements related to the development.

PUBLIC NOTICE: As required by City Council Resolution, a Notice of Public Hearing was posted at the City' s three designated posting locations. The notice was published in the San Bernardino Sun newspaper, posted on the City' s website, and mailed to property owners within 300 feet of the project site.

PUBLIC COMMENT: Staff received one ( 1) public comment email ( Attachment 2 - Public Comment). The comment received was from the property owner of the adjacent lots to the south. The opposition email objects to the development of a warehouse, trucks and pollution near their property.

The project proposal had been thoroughly reviewed through the Initial Study analysis and any potential impacts regarding noise and air quality were addressed with mitigation measures in the Initial Study/ Mitigated Negative Declaration as they relate to the neighboring sensitive receptors.

DESCRIPTION OF THE SITE: The site is comprised of four ( 4) parcels totaling 2. 86 acres located on the south side of 5tn Street, approximately 250 feet west of Central Avenue.

Attachment I - Vicinity Map). A vacant lot and a County operated Head Start are adjacent to the east, Multi -family Residential ( Pinehurst condominiums) and City Creek to the north across 511, Street, and vacant lots to west and the south. The rectangular shaped site consists of partially developed and vacant parcels, a residence and ancillary storage uses. The existing site contains a single-family home, paved parking lot, trees, a garage type covered structure and a garage type closed structure. The remainder of the site is vacant with landscaping, trees, and loose shrubbery. Vegetation and land covers on the project site consist of developed [ and with asphalt and disturbed soil. It is relatively fiat and slopes gently to the west.
-25-
Planning Commission Meeting of Patriot Partners
September 19, 2023 5 h Street & Central
Fencing around the project site is currently a combination of corrugated metal along the rear, chain link along the west and easterly boundary, and additional chain Iink along the frontage.

Curb, gutter and sidewalk run partially across the property along 5,h Street.

The site is zoned Business Park. The general area contains a mix of proposed warehouse uses, educational facilities, vacant lots, single family, and multi -family residential uses.

Attachment 3 — zoning Overview)
Surrounding Land Uses
Existing Use
North Multi -Family Residential
Pinehurst
condominiums) / City
Creek
South Vacant
East Head Start Preschool
West Vacant Parcel / City
Creek Bypass Channel
General Plan Desnation Zoninr Desl natlonPlanned Development PIanned Development PD) l Industrial ( 1) ( PD) I Industrial ( 1)
Business Park ( BP)
Business Park ( BP
Business Park ( BP)
Business Park (BP)
Business Park ( BP)
Business Park ( BP)
PROJECT REVIEW: The project proposes the construction of a concrete tilt -up industrial building. The necessary entitlements include a Conditional Use Permit, Variance, and Design Review.

A. Conditional Use Permit
Site Plan: The proposed building comprises 53, 665 square feet of warehouse space and 4, 000 square feet of mezzanine/ office space. The building will stand at an estimated height of 45 feet as measured from grade, exceeding the Business Park Zone' s height limit by 10 feet. The building would have a clear height of 6 feet and would not contain cold storage.

Attachment 4 — Project Plan Set)
As cited in the IS/ MND, " The project would support a variety of activities including the ingressing and egressing of passenger vehicles and trucks; the loading and unloading of trucks within designated truck courts/ loading areas; and the internal and external movement of materials around the project site via forklifts, pallet jacks, yard hostlers, and similar equipment. In addition, the office space would support general internal office activities related to the industrial/ warehouse uses." The project would construct on -site and off -site improvements including utilities, storm drain facilities, landscape, irrigation, hadscape, trash enclosures, perimeter walls and gates.

The building is centrally positioned on the property with the front building setback at 20 feet from 51h Street, side setbacks at 127 and 81 feet, and the rear setback at 20 feet. There are two driveways, the easterly drive at 30 feet wide to accommodate passenger vehicles and the westerly drive at 40 feet wide for commercial trucks and passenger vehicles. The westerly -26-
Planning Commission Meeting of Patriot Partners
September 19, 2023 51° Street & Central
driveway will permit full access, with right in/ out and left in/out while the easterly driveway will permit left in and right in/right out only. Truck traffic is expected to travel from the [- 10 west on 51h Street or 31d Street by way of Victoria Avenue. Alternatively, they may travel tolfrom the State Route 210 via Victoria Avenue to 51h Street.

The building has 5 dock high doors along the easterly side of the building, interior to the site.

The office area is 4, 000 square feet with 2, 000 on the first floor and 2, 000 on the mezzanine level.

The trash enclosure is located towards the back on the east side of the property within the secured truck court. It measures 26' Lx12' 6"Wx9' 10"T. It is designed with tilt -up screen walls, steel gates and steel roof covering. It will be painted shades of black and grey to match the building.

Parking: The Municipal Code requires industrial warehouses to provide one (1) parking stall for every 1, 000 square feet of warehouse and one ( 1) space per every 250 square feet of office space. Therefore, the site would need a total of 65. 7 spaces.

Passenger car parking delineated on the Site Plan shows 66 parking spaces; 50 standard, 1 vanpool, 2 Accessible, 1 van Accessible, 10 Clean Air, and 2 Electric Vehicle. Bicycle parking and storage spaces will be provided in accordance with the Highland Municipal Code as required by the Conditions of Approval.

Compliance with Site Development Standards
The project complies with the City' s Municipal Code standards related to setbacks and on - site development improvements including:

Minimum front, street side and rear building setback areas of 20' each Maximum lot coverage of 60%
A minimum building separation of 40 feet from adjacent residential.

A three-foot high wait or berm will be conditioned to be constructed in back of the landscaped area along street setbacks.

Where off- street parking Is located within building setback areas, a minimum landscaped area of 10 feet in depth shall be provided between the property line and parking area, with an additional minimum landscaped area of 10 feet in depth required between the parking area and the building.

Attachment 5 -- CUP Resolution)
Noise: Noise impacts for warehousing projects are critically reviewed during entitlement processing. Due to the neighboring sensitive noise receptors, the IS/ MND analyzed the short- and long- term impacts to the residential and educational facilities adjacent to the project. Special consideration was taken to ensure these sensitive noise receptors will not have significant impacts as a result of the project's construction and continued operation.

The project will introduce new sources of noise both on and around the project site, including from HVAC equipment, parking lot activities, and truck loading dock operations. The noise -27-
Planning Commission Meeting of Patriot Partners
September 19, 2023 5sh Street & Central
generated from these sources will vary based on their proximity to different boundaries of the property.

HVAC Equipment: The noise from the HVAC equipment will be mitigated partly by a

2.8-foot-high parapet around the roof perimeter. The noise levels from this equipment will range between 15 and 33 dBA Leq, which is below the city's noise standards for commercial and residential areas.

Parking Lot: The parking lot will function as an area source of noise, with levels attenuating by 3 dBA with each doubling of distance. The noise levels at various distances from the property boundaries will range from 36 to 38 dBA Leq, details of which are tabulated in Table 3. 13- 6.

Truck Loading/ Unloading Areas: The average noise level at a 1- meter distance from the truck activity area boundary is 96 dBA. The warehouse building and a proposed 8- foot-high perimeter screen wall will obstruct noise and view of the loading docks at different property lines, reducing noise levels to a range of approximately 30 to 60 dBA Leq, considering the shielding effects.

The projects ISIMND concludes that the on -site operational noise impacts will be less than significant, adhering to the city's noise standards.

Traffic Noise: The upcoming project is expected to increase the daily traffic on the local roadway system, adding 92 trips, or 131 when considering the passenger car equivalent PCE) -- a measure that accounts for both cars and trucks. During the busiest hours in the morning and evening, there will be an increase of 9 to 10 trips respectively, involving a mix of passenger vehicles and trucks.

The main access point for this traffic will be 5th Street, which currently sees approximately 9,939. 18 vehicles daily. The additional traffic from the project will be a small portion of the total traffic on 5th Street and won't double the traffic on any segment of the road. Therefore, impacts associated with off -site traffic noise will be less than significant.

Li ghtin Q/ Photometrics: Parking lot lights include building and pole mounted LED "Bazar" brand products which are constructed of a heavy cast low copper aluminum with integrated cooling fins. The Photometric Study is included in the plan set, labeled FC- 10. The site is well lit at its entries, along the building, parking lot and dock doors. The Plan meets the Code requirement for an average of one-half foot-candle of illumination for visibility and security and does not spill over or emit glare onto adjacent residential properties.

B. Variance
The maximum building height permitted in the BP zone is 35'. The Applicant proposes an overall building height of 45, exceeding the maximum by 10' ( 30% increase or less). A minor variance is required if the project is to be approved as detailed in the Building Elevations. The building necessitates the additional height to accommodate the interior warehousing elements including internal clear heights, joists, lights, and sprinkler systems and an -28-
Planning Commission Meeting of Patriot Partners
September 19, 2023 51" Street & Central
additional 4- 5 feet above the roof line to screen roof -mounted equipment. Staff supports the request for a Variance. The Findings of Fact are enumerated in the Resolution. ( Attachment 6 - VAR Resolution)
C. Design Review:

Building Elevations. The building type is a tilt up concrete warehouse, 202' x 227', and 45 feet tall.. The exterior has a contemporary style with alternating white, black and grey diagonal bands in keeping with the Applicant' s other Highland projects. The modern style is the desired theme for projects within the Airport Gateway. It is relatively flush with blue reflected glazed panels at the building' s entry on the northwest fronting 5m Street and a second statement at the northeast corner. An aluminum wrapped brow is Iocated above the main entrance. There are several diagonal window spans along the north, south and west elevations. The color legend calls for the exterior to be a Sherwin Williams ' Superwhite', ' Peppercorn', and ` Iron Ore". A color and materials board has been submitted and will be presented at the meeting.

The site grade will require a 4 foot tall rise from the sidewalk to the building entry. Concrete steps and a sizeable handicap ramp will be constructed. Several emergency exit doors will be provided around the perimeter of the building on each side. The dock doors will be located on the east elevation, behind the rolling steel gate.

The building design reflects policies in the General Plan' s Land Use and Community Design Elements and the administrative Draft run;: ubtishedl Airport Gateway Specific PIan.

Conggptual Grading Plan: The existing topography is very fiat with approximate elevations of 1, 168 feet at the northeast corner that gradually descends to 1, 161 feet at the southwest corner. The finished grades will be very similar. The building will have a finished floor at 1, 166 feet and will slope to the south at 0.5%. The earthwork noted on the Grading Plan calls for 2, 661 cubic yards ( cy) of raw cut and 6, 125 cy of raw fill with 8,418 cy of overexcavation cut and 7, 704 cy of overexcavation fill. Roof drains and catch basins are located throughout the property bringing surface water to a 72" CMP infiltration system located underground below the parking lot at the southwest corner of the property.

Per the Engineering conditions, the project must undertake several improvements along the 5th Street project frontage. The improvements include constructing sidewalks, driveway approaches, access ramps and a 10' wide Landscape Maintenance District ( LMD). The project also calls for the addition of two new street Iights on the 5th Street frontage. The project site will require the processing of a Parcel Map to consolidate the four ( 4) existing parcels into one ( 1). Finally, an in -lieu fee will be required for the design and construction of a future raised landscape median along the Th Street project frontage.

Passenger vehicles will have full access by way of the westerly driveway, with right inlout and left in/ out. Commercial trucks and vehicle traffic will gain access through the easterly driveway with left in and right in/ right out only. With 51h Street being a truck route truck traffic is expected from east and west. Alternatively, they may travel south to/from the State Route 210 via Victoria Avenue to 5th Street.
-29-
Planning Commission Meeting of Patriot Partners
September 19, 2023 5'" Street & Central
Landscape Plan: The project' s Conceptual Landscape Plan was designed in coordination with the City' s Landscape Architect. It has a varied palette of trees, shrubs and groundcover well suited to the local climate. The trees have varied heights, canopy shapes and colors.

Street trees along 5th will include Desert Willow and Olive. Afghan Pine, a tall evergreen, will be planted along the rear property line to soften the transition to south. A mix of ChitaIpas and African Sumac will be planted within the parking areas and provide a soft, colorful backdrop. Trees sizes will vary from 24" to 48" box. Groundcover and shrubs will be planted in 1 gallon and 5 gallon sizes.

Walls and Fences: The project proposes to install a decorative concrete screen wall along the easterly property line to screen the project from the nearby Head Start School. The screen wall will also be installed along a small portion of southeast rear property line to enclose the truck bay with a rolling steel gate on the north side to control access. The remaining rear property Iine and all of the easterly property line propose a tube steel fencing. The front of the building will be unobstructed.

The screen wall design will be a concrete tilt -up 8' waIl with pilasters every 26'. 1t will be painted with meandering two tone black and white bands complementary to the building. The pilasters and steel gates will be black. The screen wall plan meets the Municipal Code standards for boundary walls including location, height, and materials.

Public Art: In accordance with the General PIan Community Policy Area guidelines for the 51h Street Corridor and the Draft i,'unpWbI shedl Airport Gateway Specific Plan, the Applicant proposes a public art installation along the 5th Street frontage within the landscape planter back from the sidewalk. The installation will consist of fourteen vertical steel channels, configured into seven freestanding pairs. These channels will undergo a white powder coating process and will feature perforations designed to allow uplighting. The channels will have variable heights, ranging from eight feet to twelve feet, thereby creating a tiered effect adding dimensional depth to the installation. Each set of steel channels will be affixed to an above - grade concrete pad with an acid sand finish, and an LED light will be embedded within the pad to facilitate the uplighting effect.

Surrounding materials include a 3" layer of decomposed granite, and accent shrubs and groundcover.

The project's design meets the criteria of the Highland Municipal Code and General Plan.

Attachment 7 — DRA Resolution)
ENVIRONMENTAL. REVIEW: An initial Study was prepared for the project, and it was determined that a Mitigated Negative Declaration was the appropriate CEQA process. A Notice of Intent to Adopt a Mitigated Negative Declaration ( MND) was circulated through the State Clearinghouse and made available for comment between July 14 and August 14, 2023.

The Notice was mailed to surrounding property owners within 300 feet, interested agencies and parties requesting notice. It was also posted on the City' s website, at City Hall, the Sam J. Racadio Library and Environmental Leaming Center and Fire Station # 1. -30-
Planning Commission Meeting of Patriot Partners
September 19, 2023 5 h Street & Central
The City received one letter from Yuhaaviatam of San Manuel Nation related to Cultural and Tribal Resources. Their comments were incorporated into the Mitigation Monitoring and Reporting Program.

Mitigation Measures were necessary to reduce impacts below a level of significance in the areas of Air Quality, Biological Resources, Cultural Resources, Geology and Soils, and Tribal Cultural Resources. All other CEQA topics were found to be less than significant or no impact.

Attachment 8 — IS/ MND & MMR Resolution)
ANALYSIS: The project area falls within the 5th Street Corridor Community Policy Area as outlined in the Highland General Plan. This area is strategically situated between the San Bernardino International Airport ( SBIA) and the SR- 210 corridor, primarily featuring Business Park and Industrial land uses. In alignment with Goal 2. 13 of the Land Use Element, the proposed development aims to elevate the 5th Street Corridor into a significant employment hub and a welcoming gateway to the airport. The project is designed to enhance the area' s business appeal, streamline traffic flow, and adhere to the Community Design Element' s policies and guidelines. Architecturally, the project boasts a sleek, and unique design with easily identifiable entrances. It also thoughtfully places delivery and loading zones out of public sight and away from residential areas, ensuring a harmonious coexistence with the community.

Adjacent to the project eastern boundary is the Head Start Preschool, a County of San Bernardino education facility providing comprehensive early education services for children aged 3 to 5, operational from 7: 30 am to 4. 30 pm, Monday through Friday. This facility offers a comprehensive program addressing the educational, social, health, nutritional, and emotional needs of the children and their families. The 1S/ MND review process and staff site conditioning considered the sensitive nature of the educational facility, evaluating potential impacts including noise, air quality, and aesthetics. The applicant proposes a series of mitigative measures including an 8-foot concrete screen wall along the eastern boundary to attenuate noise to permissible levels, and a combination of an approximate 80-foot building setback, a 10-foot landscape buffer, and thirteen 36-inch box Chitalpa trees for additional noise and aesthetic mitigation.

The proposal ensures a harmonious integration of the educational facility and nearby residential uses with the new development through strategic planning involving appropriate setbacks, wall constructions, and landscaping.

Attachments:

1. Vicinity Map

2. Public Comments

3. zoning Overview

4. Project Plan Set

5. ResoIution No. 2023-_ Approving CUP- 23- 003

6. Resolution No. 2023 - Approving VAR- 023- 001

7. Resolution No. 2023 - Approving DRA- 23- 004

8. Resolution No. 2023-_ Approving the IS/ MND & MMRP
-31-
Attachment 1
Vicinity Map
-32-
5th St
41 Pi
Ilk
-33-
Attachment 2
Public Comment
11 -34-
Kim Stater
From: Anshu. Pathak < [email protected]>
Sent: Monday, May 1, 2023 10: 31 AM
To: Gary Chambers; Angela Tafolla; Alondra Munoz; John Baker, Justin Ramirez; Larry Mainez; Matt wirz; carlos Zamano; Cecilia Hernandez; Kim Stater; Angelica Martinez; Betty Hughes; Barrie Owens; Carlos Florez; deverman@cityofhighland. org; Melissa Morgan; Shannon Wisniewski; Tom Thornsley; tthormsiey@cityofhighland. org; mwriz@cityofhighland. org; Building Counter
Subject: Opposition to Conditional Use Permit CUP 22- 003 EXTERNAL EMAIL: Do not click on links or open attachments unless you know the content is safe.

Good Morning City of Highland,
I am a senior citizen.

I have refused the offer of $ 1. 6 million t0 sell my home ( 26855 4th Place) and attached lot ( 8046 4th Place) as I want to live peacefully at my residence.

I do not want Warehouses, Trucks, and Pollution near me. I want Parks In my Neighborhood.

City has received millions of dollars of grants from the Federal Govt. The city should build a beautiful park at this location. Green City. I will d0—D tgpart of My fond to the City of Hi cihtand If City tides to bu' rk• If
the city will approve the permit, I will file a petition inthe State and Federal Court against the City and the Builder tostop the project. Thank
You, Anshu
Pathak. Anshu
Pathak WhatsApp -
Cell - Text - 7026863369 12
-35-
Attachment 3
Zoning Overview
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-52-
Attachment 5
Resolution No. 2023 --
Approving CUP- 23-003
30 -53-
PC RESOLUTION NO. 2023 -

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HIGHLAND, CALIFORNIA, ADOPTING CONDITIONAL USE PERMIT ( CUP23- 003) FOR THE DEVELOPMENT OF A 53, 666 SQUARE FOOT

SPECULATIVE INDUSTRIAL WAREHOUSE AND ASSOCIATED
IMPROVEMENTS GENERALLY LOCATED ON THE SOUTH SIDE OF 5TH STREET, 250 FEET WEST OF CENTRAL AVENUE. APN: 1192- 561- 04, - 05, 06 and -07

RELATED ENTITLEMENTS INCLUDE DESIGN REVIEW APPLICATION
DRA- 23- 004) AND VARIANCE ( VAR43- 001)
APPLICANT: PATRIOT 5TH & CENTRAL, LLC ( PATRIOT PARTNERS) A. RECITALS
On March 23, 2023, the Applicant filed an application for Conditional Use Permit CUP- 23- 003) to develop a 53, 665 square foot industrial warehouse and associated improvements including loading docks, passenger vehicle parking spaces, a stormwater detention/ infiltration basin, and landscape area. Related applications were also filed for Design Review ( DRA- 23- 004) including a Site Plan, Building EIevations, Conceptual Grading Plan, Conceptual Landscape Flan; Variance ( VAR- 23- 001) to increase the maximum building height permitted to 45'.

2. The site is located on an approximately 2. 86 acres at the south side of 5=11 Street, west of Central Avenue in the City' s Business Park Zoning and General Plan Designations,
3 Pursuant to the provision of the California Environmental Quality Act ( CEQA) and State and Local CEQA Guidelines, the City of Highland is the Lead Agency, and is charged with the responsibility of deciding whether or not to approve the proposed Project. An Initial Study and Mitigated Negative Declaration were prepared and circulated in accordance with state and local law and will be considered by the Planning Commission at the September 19, 2023, public hearing.

4. On September 19, 2023, the Planning Commission of the City of Highland conducted a Public Hearing at the City Ha[I Council Chambers in Highland, California, at 6: 00 p. m.

5. All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION
NOW THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Highland as follows.

Section 1 The Planning Commission finds that all of the facts set forth in the Recitals, Part "A" of this Resolution, are true and correct.
31 -54-
Section 2. Pursuant the California Code of Regulations, the City of Highland Planning Commission hereby finds that a Mitigated Negative Declaration prepared for the project has been completed in compliance with the California Environmental Quality Act ( CEQA) and that the Planning Commission has reviewed and considered the information contained in the staff report, and the comments received during the public review process, prior to approving the project.

Section 3 Based upon substantial evidence presented to the Planning Commission during the September 19, 2023, Public Hearing, including public testimony and written and oral Staff Reports, the Planning Commission finds as follows:
a. All necessary public meetings and opportunities for public testimony and comment have been conducted in compliance with State Law and the Municipal Code of the City of Highland
Section 4. Conditional Use Permit Findings of Fact:

The proposed use is permitted within the subject district pursuant to the provisions of this section, and complies with all of the applicable provisions of this title; and is consistent with the goals, policies, and objectives of the Highland General Plan, and the applicable development policies and standards of the city.

ResV onse: The proposed warehouse is permitted in the Business Park Zone and General Plan designation upon approval of a Conditional Use Permit. Applicable provisions in Title 16, Land Use, include but are not limited to, Chapter 16. 24 Employment Zones, 16. 40 General Development Standards, and 16. 54 Parking. The project meets the standards established in these chapters subject to approval of a variance to increase the maximum building height to from W to 45'.

The General Plan goals relevant to the project are those established for the 5th Street Corridor Policy Area, and general standards applicable to the Land Use Element, Circulation Element, and Community Design Element. The project meets all relevant goals and policies.
b. The proposed use would not impair the integrity and character of the district in which it is to be established or located.

Res°onse: The proposed speculative industrial warehouse is in keeping with the integrity and character of Business Park District. It would be developed in compliance with the Highland General Plan and Municipal Code standards related to warehousing in the Business Park District within the V1 Street Corridor Policy Area. It meets development code standards such as land use, setbacks, density, lighting, parking, circulation, etc. It has a high quality, modern design in keeping with the Policy Area standards. It has quality finishes, landscaping, and hardscape and will construct surrounding infrastructure.
32 -55-
c. The site is suitable for the type and intensity of use or development which is proposed.

Response; The 2. 86 acre site is adequate for proposed industrial development with a 43% lot coverage area. The Code permits 60%. The topography of the site is predominantly flat, featuring a partially developed parcel, a residential structure, and storage facilities. Utilities are readily accessible within the adjacent right- of-way, and the site offers favorable drainage conditions for both on -site water retention and water quality treatment. The proposed development aligns well with the industrial objectives outlined in the forthcoming Airport Gateway Specific Plan and the 5th Street Corridor. Accessibility to the site is facilitated through two separate driveways, thus segregating commercial truck and passenger vehicle traffic. Moreover, the site boasts excellent connectivity to regional transportation networks, being situated approximately half of a mile from the San Bernardino International Airport and a mile from State Route 210 and Interstate 10.

Per Municipal Code Section 16, 24. 040 Employment District Development Standards. It meets the minimum lot size, lot width and dept as well as required building setbacks, lot coverage, and landscape coverage. d. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety.

Response: Existing water, public utilities and services for the project are available adjacent to the site within the public right- of-way. East Valley Water District provided a " Will Serve" letter to the applicant, confirming the provision of water and sanitary sewer services. All other utility providers were given notice of the project and none expressed concern. Public health and safety was addressed with the design and conditioning of the project. e. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity.

Response: The proposed warehouse development will be compliant with Municipal, Fire & Building codes. Each public safety division of the City has reviewed the project and provided relevant Conditions of Approval that will be adopted by resolution. The necessary ingress and egress are provided and all public utilities and services will be in place. There is no indication that the project would be detrimental to the public health, safety or welfare, or materially injurious to properties and improvement in the vicinity.
f The proposed use would not result in a significant effect on the environment.

Response: Pursuant to the California Environmental Quality Act CEQA) and State and Local CEQA Guidelines, the City of Highland is the Lead Agency. As such, the City oversaw preparation of an Initial Study which was made available for public review from July 14 through August 14, 2023.

Mitigation Measures were necessary to reduce impacts below a level of significance in the areas of Air Quality, Biological Resources, Cultural 33 -56-
Resources, Geology and Soils, and Tribal Cultural Resources. All other CEQA topics were found to be less than significant or no impact. A Mitigated Negative Declaration is the appropriate document for this project and will be adopted concurrently with the Conditional Use Permit.

Section S. That all necessary public meetings and opportunities for public testimony and comment have been conducted in compliance with State Law and the Municipal Code of the City of Highland. As described in the Recitals above, the Planning Commission considered the project, and all testimony, comment and evidence regarding the same, at noticed public hearings conducted in accordance with State Law and the City Municipal Code, Section 9 Based on the Findings and Conclusions set forth above, the Planning Commission approves Conditional Use Permit (CUP- 23-003) facilitating the construction of a 53, 565 square foot warehouse and related improvements.

All improvements will be completed subject to the Conditions of Approval attached hereto and the development plans incorporated by reference.

Section 10. The Planning Commission hereby directs Staff to file a Notice of Determination with the San Bernardino County Clerk of the Board of Supervisors, pursuant to the Public Resources Code and State CEQA Guidelines.

C. ADOPTION OF RESOLUTION.

The City Clerk shall certify to the adoption of this Resolution and shall cause the same to be published or posted in the manner prescribed by Iaw.

PASSED, APPROVED AND ADOPTED this 191" day of September, 2023 ATTEST
Randall Hamerly, Chairman Lawrence A. Mainez
PIanning Commission Community Development Director
34 -57-

CITY OF HIGHLAND
PLANNING 1VISION_CONDIT[ONS OF APPROVAL
Date: September 19, 2023
Applicant: Patriot 51' & Central, LLC
Filelindex. Conditional Use Permit CUP 23- 003
Proposal: Development and operation of a 53,665 square foot speculative industrial warehouse building and associated improvements.

Location: A 2. 86 acre site on the south side of 51 Street, approximately 250 feet west of Central Ave.; Assessor' s Parcel Number 1192- 561- 04, - 05, - 06, and - 07 Related Entitlements: DRA-23-004, VAR- 23-401

PLANNING CONDITIONS OF APPROVAL
Note: These conditions represent Planning Division conditions only and are meant to be only one part of the Project' s overall conditions that may include Building and Safety, Engineering, and the Fire Department conditions of approval. All required on -site and off - site improvements shall be completed and approved prior to final inspection for occupancy, except where noted.

Conditional Use Permit CUP- 23- 003 is conditionally approved, subject to compliance with the requirements as specified below. The Conditions fisted below are continuing Conditions; failure of the Applicant and/ or operator to comply with any or all Conditions at any time, shall result in initiating revocation of the subject permit.

Conditional Use Permit CUP- 23- 003 shall become null and void a. Unless all conditions have been complied with and the occupancy or use of the land or structures authorized by this design review application, and have occurred within thirty- six ( 36) months from the approval date this design review application shall expire and be null and void without further action by the City of Highland.
b. Where circumstances beyond the control of the Applicant cause delays which do not permit compliance within the time [imitation established in this Section, the Planning Commission may grant an extension of time for a period of time not to exceed an additional thirty- six ( 36) months. An application for an extension of time must be set forth in writing, stating the reasons for the extension, and must be filed with the community development department no less than 30 calendar days nor more than 90 calendar days prior to the expiration date of the permit or approval. Such application shall be filed together with the City's processing fee, as established by the City Council.
35 -58-
NOTE: All required on -site and off -site improvements shall be completed and approved prior to final inspection for occupancy.

2. The proposed Entitlement permits the construction and operation of an approximately 53,665 square foot warehouse and associated improvements including loading docks, passenger vehicle parking, a stormwater detention/ infiltration basin, landscaping and off -site improvements along the project frontages of 51h Street.
a. Three complete sets of revised plans reflecting changes required by these conditions of approval and Planning Commission directives shall be submitted to the planning Department within two weeks of this project' s approval.

3. The project site has been reviewed and approved for warehouse/ logistics use with no outdoor storage of materials. Any change of use of this project site, the occupancy, or tenant change in the building, or portion thereof, may require a revised plot plan be submitted to the City for review and approval, which identifies location of use, letter of intent and parking requirements.

4. No outdoor storage facilities may be constructed or placed onsite for either permanent or temporary use. This includes, but is not limited to storage sheds, cargo containers, tents, canopies, or similar structures. 5 There shall be no long- term on -site parking of semi -trailer trucks unrelated to the warehouse business in operation. Off -site parking on public streets in the vicinity is prohibited.
6 The operator and recorded owner of the property shall submit to the Planning Division written evidence of agreement with all conditions of this approval before the approval becomes effective. Plan check cannot begin prior to receipt of this signed documentation.

7. In compliance with the Highland Municipal Code, the Applicant/Owner shall agree, at his/ her sole cost and expense, to defend, indemnify, and hold harmless, the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third -party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, PIanning Commission, or other decision -making body, including staff, concerning this project. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve the Applicant/Owner of his/her obligations under this condition.

8. The Owner/Applicant is responsible for implementing all conditions of approval to the satisfaction of the Community Development Director, City Engineer, Fire RR
-59-
Department, and Police Department. No final inspection or clearances shall be given until all conditions are met. Each condition of approval is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. 9 Revisions, modification, or deletions of associated plans must be submitted to the Planning Division for review and approval. Revisions may require additional review by the PIanning Commission.

10. Pursuant to provisions of California Public Resources Code Section 21089 (b), this Application shall not be operative, vested or final, nor will building permits be issued, until: ( 1) the Notice of Determination ( NOD) regarding the associated environmental action is filed and posted with the Clerk of the Board of Supervisors of the County of San Bernardino, and; ( 2) any and all required filing fees assessed pursuant to California Fish and Game Code Section 711. 4, together with any required handling charges, are paid to the Clerk of the Board of Supervisors of the County of San Bernardino.
a. The Applicant shall provide the Planning Division with a check for the appropriate fee, made payable to the Clerk of the Board of Supervisors, no later than 24 hours after receiving approval of the project. The City will file the NOD and fee payment with the County/State and will provide the Applicant with a copy of the receipt and filed NOD.
b. Construction and operation of the proposed project shall be in compliance with the attached Mitigation Monitoring and Reporting Program.

11. Development Impact Fees shall be paid in accordance with City Ordinance ( see attached DIF flyer). Fees are subject to change by action of the City Council. Fees are locked in upon submission of application to the Building & Safety Division for plan check ( footnote # 3).

12. Construction activities shall be restricted to weekdays and Saturdays between 7: 00 a.m. and 7: 00 p. m. only. No construction, other than interior finish work shall be conducted any time on Sundays. Construction equipment shall be muffled in accordance with manufacturer' s specifications.

13. Prior to the issuance of a business license for future tenants, the Planning Commission shall review and approve the hours of operation, if anything other than 7: 00 am to 7: 00 pm.
14 The Developer shall comply with all applicable Conditions of Approval and the Mitigation Monitoring and Reporting Plan related to the associated entitlements; DRA- 23- 004, VAR- 23- 001.
37 -60-
Development Impact Fees ( DIF)
38 -61-

PLANNING DIVISION
Development Impact Fees
Worksheet
New Commercial / Industrial i Office
1 Are D1F fees locked per City Council Ordinance 461: DYES / ONO'"

2. if yes per building permit No.

COMMERCIAL

3. Development Impact Fee ( A) x new commercial structure sq. ft. ( B) A xB = I
INDUSTRIAi

4. Development Impact Fee (A) x new industrial structure sq. ft. (B) A xB = 2
OFFICE

5. Development Impact Fee (A) x new office sq. ft. ( B) = DIF due A xB = 3

6. Total DI Amount due( 1+ 2+ 3):

Planner: _ Date:

Attention Applicant if question number one is marked " No" all calculations are Just approximates, actual cost may vary depending on fee at time of building and safety application submittal. 39 -62-
Law Enforcement
Facilities
Fire Suppression
Facilities, Vehicles &
Equipment
Local Circulation
System
Regional Circulation
System
Regional Flood
Control Facilities
General Facilities,
Vehicles & Equipment
Library Facilities &
Collection
Public Use ( Community
Center Facilities)

CITY OF HIGHLAND

DEVELOPMENT IMPACT FEES
Effective 4/ 28/ 21
Detached Attached Mobile
Dwelling DwelJi Home
284. 05 449. 19 243.46
1, 008. 86 $ 327. 43 $ 1, 057. 84
4, 957. 93 $ 3, 309. 38 $ 2, 595. 60
14, 377. 74 $ 9, 598. 99 $ 7, 525. 84
1, 155. 73 $ 494. 57 $ 406. 86
Commercial Commercial/
Kyln
trial Lodging Office u
188. 92 0. 160 10
1, 60-3.54 0. 250 Iv-$0. 072
1* 444*1
h
2, 607. 84`$ 4. 65 3. 478
7, 5 . 13. 51 10. 39
42 0. 26 0. 32
1, 259. 33 $ 1. 259. 33 $ 1, 259 $ 214. 11
1, 158. 57 $ 1, 259. 33 $ N/ A
1, 444. 06 $ 1, 389.46 . 88 N/ A
Park Land Acquisition & $ 4, 702. 87 $ 4f" $3, 242. 07 NIA Park Facilities Development
0, 298 0. 298

N/ A N/ A

NIA N/ A
TOTAL: $ 30, 349. 14 IL244t8. 72 $ 18, 123. 45 $ 12, 367. 21 $ 19. 120 $ 14. 572 Notes:

1. Fees applicable City- wide except fo 3lands Ranch which is subject to a different fee schedule. Certain properties fronting Greenspot Road, between kie Road and Santa Paula Street, must also pay a Greenspot Impact Fee ( Resolution No. 1994-037).

2. Fees are per dwelling unit for res ial, per lodging unit for commercial lodging, and per gross square footage for commercial or industrial. t

3. Fee locked in at time of "" plication. ( Reso. 2007- 060)

4. Fee collected at ti pancy. ( Reno. 2018- 002 & 2018- 003)

5. Additional inci; ., sousing fees of $3,750 required per Resolution 2006- 020 & Ordinance 306. 6_ Certain pro' cts naY be charged an impact fee based on the Alternative Cost Methodology for Regional Circulation ($ 383. 95 per trip -mile) nI`. Local Circulation ($ 156. 00 per trip - mile.)

IMPACT FEE FOR BUILDING EXPANSION
no charge for first 499 square feet of residential building expansion) DETACHED DWELLING .............................................. $ 20. 232 per square foot ATTACHED DWELLING .............................................. $ 14. 979 per square foot MOBILE HOME........... ..................... $ 12. 082 per square foot COMMERICAL LODGING ..................................... $ 8. 245 per square foot COMMERCIAL/ OFFICE............................................... $ 19. 120 per square foot INDUSTRIAL................................................................ $ 14. 572 per square foot C:lUserslatarollalAppdatalLocalkf icrosoftlWindowsUNeiCache\ Cantent. OuUooklW5KVKEMIF Fees Handout 5-3-21. doc Last Updated 5f3121
40 -63-
Mitigation Monitoring and
Reporting Program
41 -64-
Mitigation Monitoring and Reporting Program
Initial Study/ Mitigated Negative Declaration
Southwest Corner of Sth
Street and Central Avenue
Warehouse Project
AUGUST 2023
Prepared for:

CITY 4F
HII
CI liM

CITY OF HIGHLAND
27215 Base Line
Highland, California 92346
Contact: Kim Stater
Prepared by:

DEK
605 Third Street
Encinitas, California 92024
Contact: Hayley Ward
42 -65-
Printed on 30% post -consumer recycled material.
43 -66-
Table of Contents
SECTION PAGE NO.

IIntroduction ................................................. .................................................. ................... 1 2 Mitigation Monitoring and Reporting Program Table ......... . ....................... ...................................................... 3 TABLE
1 Mitigation Monitoring and Reporting Program.... ......................................... I ................... — .................... .......... 3 D, U, 0 E K,
15255
AUGUST 2023
44 -67-
Southwest Corner of 51' Street and Central Avenue Warehouse Project/ Mitigation Monitoring and Reporting Program Initial Study/ Mitigated Negative Declaration

INTENTIONALLY LEFT BLANK
15255
AUGUST 2023
45 -68-
1 Introduction
The California Environmental Quality Act ( CEQA) requires that a public agency adopting a Mitigated Negative Declaration ( MND) take affirmative steps to determine that approved mitigation measures are implemented after project approval. The lead or responsible agency must adopt a reporting and monitoring program for the mitigation measures incorporated into a project or included as conditions of approval. The program must be designed to ensure compliance with the MND during project implementation ( California Public Resources Code, Section 21O81. 6( a)( 1)).

This Mitigation Monitoring and Reporting Program ( MMRP) will be used by the City of Highland ( City) to ensure compliance with adopted mitigation measures identified in the MND for the proposed Southwest Corner of 51" Street and Central Avenue Warehouse Project ( project) located at the southwest corner of 5th Street and Central Avenue in Highland, California ( project) when construction begins. The City, as the lead agency, will be responsible for ensuring that all mitigation measures are carried out. Implementation of the mitigation measures would reduce impacts to below a level of significance for air quality, bioiogical resources, cultural resources, geology and soils paleontological resources), and tribal cultural resources.

The remainder of this MMRP consists of a tabie that identifies the mitigation measures by resource for each project component. Table 1 identifies the mitigation monitoring and reporting requirements, list of mitigation measures, party responsible for implementing mitigation measures, timingfor implementation of mitigation measures, agency responsible for monitoring of implementation, and date of completion. With the MND and related documents, this MMRP will be kept on file at the following location:

DUDEK
City of Highland
Planning Department
27215 Base tine
Highland, California 92346
15255
AUGUST 2023
46 -69-
Southwest Corner of 5" Street and Central Avenue Warehouse Project/ Mitigation Monitoring and Reporting Program initial Study/ Mitigated Negative Declaration
s . I

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City of Highland
Engineering Department
Conditions of Approval
CUP 23- 003, DRA 23-004, VAR 23- 001
Patriot Partners Warehouse - 51h Street and Central Avenue A - Required Prior to Map Approval
B - Required Prior to Building Permit/ Construction
C - Required Prior to Building Occupancy
D - Ongoing
E - Required Prior to Grading Permit
Non Standard Conditions

SOILS/ GRADING/ DRAINAGE
E 1. Design grading and landscaping plans to comply with the City' s clear sight triangle criteria at public street intersections and at private driveways. Walls, fencing, monument signs, slope, and landscaping, within the c#ear sight triangle, must not exceed thirty inches in height measured from the flowline of the street, unless a sight distance analysis that demonstrates sight distance is adequately maintained is submitted to and approved by the City Engineer, E 2. Submit a preliminary soils report, prepared by a licensed Geotechnical Engineer, for review and approval by the City Engineer. Comply with the recommendations contained in the report and any amendments thereof as approved by the City Engineer.

E 3. Submit the structural design and location for any required retaining walls for review and approval by the City Engineer. Construct concrete v- ditches and drainage system at the back of retaining walls in accordance with the Grading Plan Checklist and as required by the City Engineer.

E 4. Submit rough and/or precise grading plans to the City Engineer for review and approval.

Comply with the City of Highland grading standards as shown on the grading plan checklist.

E 5. Submit an erosion control plan to minimize potential increases in erosion and sediment transport during construction activity for City Engineer approval. Place erosion control measures during or after grading work as required by the City Engineer.

E 6. Design short-term erosion control in accordance with Best Management Practices such as, hydroseeding, mulching, jute matting or plastic sheeting to protect slopes; silt fencing to control site perimeter; and straw bale barriers, gravel bag barriers, rock filters or sediment basins to control internal erosion, or other methods to stabilize disturbed areas, as approved by the City Engineer.

D 7 Implement dust control measures during construction activities including, but not limited to, daily watering of construction area as frequently as necessary during active and inactive periods, utilizing soil emulsions, limiting construction vehicle speed to 10 miles per hour, stabilizing construction entrances to prevent trackout of sediments, and street sweeping.

E 8. Design grading to intercept and conduct off -site tributary drainage flow around or through the project site in a manner that does not adversely affect adjacent properties. Conveyance L: 1En9inee6ng_ 8ackup1030173089 - CUP 23- 003 - 5th at Central Intl VVH • PatriotlConditionMCUP 23- 003 Patriot 5th and Central - Engineering C ofA. docx
Page'! of 6
56 -79-
of on -site and off -site tributary flows shall be maintained by the underlying property owner and shall not exceed the pre -development flow rate and volume.

E 9 Design grading to drain the entire area of the project to the proposed Water Quality Management Plan ( WQMP) infiltration system and to accommodate overflows as necessary.

E* 10, Plot all existing and proposed easements on grading plan and note disposition of any existing utilities, appurtenances, fences, and access roads.

D* 11. Construct temporary sedimentation basins for use during the grading and construction period of the project. Do not start using the proposed infiltration system until the site is stabilized for erosion and sedimentation.

B 12. Submit original wet signed and stamped rough grading certifications from the soils engineer and the grading engineer, along with compaction reports, to the City Engineer, C 13. Submit original wet signed and stamped final grading certification from the soils engineer and grading engineer, to the City Engineer,

STREET IMPROVEMENT
E* 14. Submit engineering plans for 511 Street improvements and signing, striping and pavement markings to the City Engineer for review and approval Indicate the Iocation of any existing utility/ facility which would affect construction on plans and profiles. Comply with the City design standards as shown on the street and storm drain improvement checklist. Provide ADA access to site from public right of way.

C* 15. Construct new street improvements along 511 Street project frontage including, but not limited to:
a) Construct public landscape improvements.
b) Two interim commercial drive approaches ( easterly drive approach per City Std. 213, westerly drive approach per City Std 212 or 213) at existing southerly curb face per the Conceptual Grading. Minimum driveway width for trucking ingress/ egress is 40 feet. Minimum driveway width for vehicle parking ingress/ egress is 30 feet. Note

4. 5' sidewalk easement will be required back of commercial drive approaches. c) Remove existing improvements along southside of 5" Street including southside drive approaches and conflicting sidewalk, join existing where to be maintained, and

1. Reconstruct full -height 8" curb and gutter located 40' south of street centerline per City Std. 203.

2. Construct 6' wide curb -adjacent sidewalk per City Std 208 Type B. d) : Design the limits and extent of removal of existing improvements, and construction of transitional improvements to complete items a- c above and as approved by the City Engineer.[ BB11
C 16, Construct private ingress/ egress improvements at 5th Street driveways to permit right in and right out only truck movement. Passenger vehicles to have full access movements.

C 17, Design and construct public improvements including sidewalk, driveway approaches and access ramps, as needed, in accordance with all requirements of the State of California Accessibility Standards, Title 24 California Administrative Code. Redesign and reconstruct existing frontage improvements if found not in compliance with City Standards.

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57 -80-
C" 18. Install new LS3 metered street light system along the project frontage of 5th Street. ( 2) new street lights west of the existing street light at Address 26887 511 Street, electrical conduits, wiring and meter etc. will be owned and maintained by the City. The street lights shall be equipped with a Light Emitting Diode ( LED) luminaire on a marbelite pole with types and at the location specified by the City Engineer. Pay the City street Iighting energy and maintenance charges for the initial 12 months.

C* 19. Install signing, striping and pavement markings along the project frontage with specific locations and types approved by the City Engineer.

C 20. Submit " Record Revisions" to all plans to reflect the improvements as constructed, and any changes made during construction,

WATER GUALTIYI DRAINAGE
E 21. Obtain approval by the City Engineer of a Final Water Quality Management Plan ( F- WQMP), prepared in accordance with the City' s National Pollutant Discharge Elimination System NPDES) permit requirements in effect at the time the Conceptual Water Quality Management Plan was approved unless subsequent City NPDES permits require otherwise. The F- WQMP shall ( 1) be prepared, signed, and sealed by a licensed Civil Engineer, ( 2) include Site Design Low Impact Development and Source Control Best Management Practices ( BMPs) appropriate for commercial development, ( 3) include a BMP implementation, operation, and funding mechanism, and ( 4) be certified by the property owner. The property owner shall also enter into a Stormwater BMP Transfer, Access, and Maintenance Agreement with the City on standard City form. include a copy of the recorded agreement in the F- WQMP.

Construct BMPs in accordance with the approved F- WQMP.

C* 22. Construct and implement site design BMPs specified in the project approved F-WQMP including, but not limited to, underground infiltration system, pretreatment devices, and raised curb landscaped areas and parking lot islands. Alternate site design BMPs which are equally effective may be submitted for review and approval by the City Engineer.

E 23. Include the project grading plan, landscape plan and utility plan with the first submittal of the F- WQMP.

C 24. Submit two sets of WQMP BMP Exhibits with a " WQMP BMP As -Built Certificate" wet signed and sealed by the Engineer of Record. The Certificate shall state:

I hereby certify that the Water Quality Management Plan Best Management Practices have been constructed under my supervision in accordance with the approved plans and are functional to the best of my knowledge."
C* 25. Construct on -site private drainage system, HDPE or other pipe material as approved by City Engineer, to drain the entire project site to the proposed WQMP BMPs in accordance with the approved Final Water Quality Management Plan, and construct necessary drainage overflow facilities. Construct an overflow pipe to convey any overflow from the proposed underground infiltration system in a manner such that drainage does not adversely impact neighboring properties and redirect or concentrate flows.

B 26. At the underground infiltration system location proposed by the Final WQMP, conduct at least two new infiltration tests using a double -ring infiltrometer. The tests shall be conducted at the proposed underground infiltration system subgrade elevation, prior to the submittal of LlEngineering_ Backup= 0173089 - CUP 23- 003 - 5th at Central Ind VVH - Patriof%Conditions CUP 23- 003 Patriot 5th and Central - Engineering C of A.docx

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58 -81-
the F- WQMP. After obtaining the results from the two tests, the engineer and geotechnicaI engineer shall determine if additional testing is required.

C 27. register the underground chambers with EPA as a Class V Injection Well.

E 28. Submit a hydrology study to determine storm runoff quantities tributary to and generated by the Project for review and approval by the City Engineer. Include hydraulic calculations to determine the size and type of all drainage facilities.

C 29. Intercept and convey off -site drainage tributary to the project boundary around or through the project in a manner that will not adversely affect adjacent or downstream properties.

E 30. Submit engineering plans for public and private drainage systems to the City Engineer for review and approval. Comply with the City design standards as shown on the street and storm drain improvement checklist.

MAP/ DEDICATIONI ANNEXATION
C* 31. Apply to the City to annex the project into the City's Consolidated Landscape District (LMD) for potential City maintenance of parkway and frontage landscaping along r Street. The City will maintain parkway and frontage landscaping utilizing LMD revenue only if the City determines that adequate maintenance is not being provided by the property owner. The potential future amount of assessment wilt include the estimated on -going maintenance cost and one- time construction cost to convert the privately - maintained system to the City - maintained system.

C* 32. Apply to the City to annex the project into the City' s Landscape Maintenance District ( LMD) for maintenance of future median landscaping along 511' Street median. Sign the ballots prepared by the City agreeing to the annexation, and the potential future amount of assessment. Assessment for 511' Street median landscaping will commence the year the medians are constructed by the City or other future developments. Landscaping within the median shall be maintained by the City.

B* 33. Dedicate an irrevocable offer of dedication via a Final Parcel Map:
a) ( 1) 10- foot wide minimum landscape easement across the Project frontage. b) ( 2) sidewalk easements at the Project' s commercial drive approaches as approved by the City Engineer.
c) ( 1) temporary construction easement granting permission for the City to enter the property to construct and restore landscaping. The exact dimensions of the landscape easement will be determined at the time on -site improvement plans have been prepared.

B 34. Record a Final Parcel Map with the San Bernardino County Recorder pursuant to the provisions of the State Subdivision Map Act. Submit a duplicate photo mylar of the map recorded with the San Bernardino County Recorder.

A 35. At the time of Final Parcel Map submittal, include traverse calculation sheets which show error of closure, copies of recorded maps and deeds used as reference and/ or showing original land division, tie notes and bench marks referenced, and a current title report.

Inverse calculations will not be accepted for plan check.

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A 36. Include an Improvement Certificate/ Statement on the Parcel Map in accordance with Section 66411. 1 of the Subdivision Map Act.

FEES/ PERMITS/ BONDING
C' 37. Pay an in lieu fee for the design and construction of the future raised landscape median along the project frontage 51" Street, as determined by the City Engineer.

E 38. Pay appropriate Development Impact fees, Engineering fees for district annexation, plan check, WQMP review, hydrology study review, structural calculation review, on -site and off - site inspection, utility excavation permits, GIS map plan update, microfilming and storage of plans and maps, and other required fees.

D 39. Obtain a permit from Engineering prior to any on -site construction or construction within the public right- of-way
E 40. Post a deposit for erosion control which shall not be released prior to completion of all on - site construction.

A 41. Bond for all required grading, street, and storm drain improvements in accordance with City Development Code.

C 42. Post a deposit for monumentation based on an estimate of the cost to perform the work by the project surveyor or engineer. The deposit shall not be released prior to written verification from the surveyor or engineer that the monuments have been set and payment for the work has been received.

UTILITIES/ CONSTRUCTION
E 43. Obtain written permission from adjoining property owners prior to start of any grading, removal or construction work Iocated within the affected private properties.

B 44. Coordinate temporary fencing and construction with the adjacent property owners. Install construction fencing and screening in accordance with Building and Safety Division Policy 335.

E* 45. Obtain written permission and permit from San Bernardino County Flood Control District for encroachment within their right- of-way, offsite grading, and perimeter wall construction if any.

C 46. Reconstruct existing public improvements removed or damaged during construction.

Pavement repair, which may include A.C. overlay, T-cut trench repair and/ or slurry seal after removal of existing striping shall be across all or a portion of damaged pavement caused by this project as determined by the City Engineer.

C" 47. Coordinate, and where necessary, pay for the relocation of any existing public utilities as necessary.

C 48. Provide all utility services to each building, including sanitary sewers, water, electric power, gas, cable TV, internet, and telephone. All utilities listed under Highland Municipal Code Section 16. 40. 380 ( A) are to be underground per Ordinance 315. t:kEn9lneering_ 6ackupWI) I73089 - CUP 23.003 - 5th at Central Ind VVH - Palriol\ConditionslrUP 23- 003 Patriot 5th and Cenlrat - Engineering C of A. doex

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MA
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E 49, Comply with applicable requirements of the National Pollutant Discharge Elimination System ( NPDES) permit program. Provide written verification from the Regional Water Quality Control Board specifying the projects WDID number.

B 50. Destroy any abandoned wells on the property or similar structures that might result in contamination of underground waters in a manner approved by the City Engineer.

B 51. All underground structures, except those desired to be retained, must be broken in, backfilled, and inspected before covering.

D 52. Comply with the prevailing City design and construction standards and requirements at the time of permit issuance.
8 53. Design and construct a trash enclosure per City Standard 700.

C 54. Install telephone, cable television, and internet enclosures underground whenever the underground installation is an available option offered by the utility companies. If the underground installation is not an available option and utility enclosures must be installed above ground, install the above -ground utility enclosures and any flush mount utility enclosures at locations where construction of retaining walls will not be necessary for compliance with the setback requirements of the utility companies.

B" 55- Submit a Composite Utility Plan for the purposes of coordinating, maintaining and improving landscaping in City right-of-way. Indicate the location of all above ground and flush mount water, electric, cable TV, internet, street Iights, traffic signal, and telephone utility structures prior to City issuance of utility permits.

Lr\ Engineedng_ Backup1030173089 - CUP 23- 003 - 51h at Central Ind WH - PatrioOCondllions\ CUP 23. 003 Patriot 5th and Central - Engineering C of A.docx
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61 -84-
Date:

Project:

Applicant:

Site Location:

Building and Safety Division Conditions of Approval
April 26, 2023
Warehouse building
Kevin Rice — Patriot Partners
South side of 5th St. West of Central
Project Numbers: CUP: 22- 003, DRA: 23-004; VAR: 23- 001 APN( s): 1192- 561- 04-0000 through 07-0000
Please provide the following number of construction plans and documents listed below for the first review of the proposed project. The initial plan review time will take two weeks on most projects. The applicant will receive an application number at the time plans are submitted for Building & Safety's plan review. This number is needed to obtain information regarding your project.
3) Architectural Plans
3) Condition of Approval from all departments:

To be included in Architectural plan set at plan submittal 3) Structural Plans
2) Structural Calculations
3) Plot/ Site Plans
3) Electrical Plans
3) EIectrical load Calculations
3) Exiting Plans
3) Plumbing plans/ Isometrics
3) Mechanical Plans
3) HVAC Duct layout Plans
2) Roof and Floor Truss Plans
2) Title 24 Energy Calculations
2) Soils Report
3) Precise Grading Plans
Grading, Photometric, or landscape PIans:

Please marls " FOR REFERENCE ONLY"
3) Site Disabled Access PIan
3) Temporary Fence Plan
1) Approved Health Department Plans ( as applicable)
1) Fire Flow Test - with hydrant location dimensioned on the site plan 2) Energy Commissioning Plan
Page I of
62 -85-

2. All structures shall be designed in accordance with the current version of the California Building Codes at the time of submittal (Currently the 2022 codes), including the California Green Building Standards Code. Design all structures to Risk Category 11 at exposure " C" ( ASCE7- 16), and Energy Climate zone 10.

3. All onsite utilities are to be underground. As approved by the Planning Division, utility cabinets and transformers are exempt.

4. Construction projects requiring fire permits must apply and submit fire plans prior to the issuance of the building permit, including fire sprinkler submittals.

5. Building and Safety does not release all meters until final approvals are obtained from all agencies and departments. Commercial and industrial projects, see Policy 295.
6 The Developer/ Owner is responsible for the coordination of releasing any Deferral of Development impact Fees or Bonds after such fees have been paid. The Developer/ Owner should be aware, once the deferral notice is sent to the San Bernardino County Recorder' s Office; the release process takes two to three weeks. This process will delay final Certificates of Occupancy.
7, The Developer/ Owner is responsible for the coordination of the final occupancy. The Developer/Owner shall request clearances from each department and/ or applicable agency at least two weeks prior to requesting a final building inspection from Building and Safety. Each agency shall sign the back of the Building .and Safety Job Card, or provide agency approved signed documentation, and provide a copy of the signatures to Building and Safety at the time the final inspection is requested.

8. Building and Safety inspection requests must be made by 4: 00 pm. on the previous City working day to receive a next business day inspection. Please contact ( 909) 864- 2136, Ext 228.

9. Construction activities shall not commence prior to 7: 00 a. m. and shall terminate no later than 7: 00 p. m. Monday through Saturday with no construction activities preformed during city or Federal Holidays. ( Ordinance 420 HMC) unless restricted further by environmental review mitigation.

10. A security fence with screening shall protect all construction sites. The fencing and screening shall be maintained at all times to protect pedestrians.

All development projects shall submit a construction fencing plan with the construction design plans. Construction projects that have phased occupancy shall be completely separated by a construction fence that is screened and show the adjusted fence locations at each phase.

Page Z of 4
63 -86-

11. On site toilet facilities shall be provided for construction workers and such facilities shall be maintained in a sanitary condition. Construction toilet facilities of the non -sewer type shall conform to ANSI ZA. 3 and on site per NPDES stormwater requirements.

12. All construction materials, which are not used, shall be recycled pursuant to the requirements set forth by Ordinance No. 269. Receipts from the recycle company responsible for picking up the materials shall be kept in the construction office. After the construction is complete and before final occupancy, the trash receipts shall be forwarded to the City Public Services division.

13. Construction projects, requiring temporary electrical power, shall obtain an electrical permit from Building and Safety. No temporary electrical power will be granted to a project unless the following item is in place and approved by Building and Safety and the Planning Division.
a} Installation of a construction trailer through the " Temporary Occupancy Permit", alternatively, a security fenced area where the electrical power will be located. Installation of construction/ sales trailers must be located on private property. No trailers can be located in the street unless a permit from the Engineering Department is obtained.

14. Prior to the issuance of Building Permits, on site water service shall be installed and approved by the responsible agency. On site fire hydrants shall be approved by the Fire Department. No flammable materials will be allowed on the site until the fire hydrants are established and approved. No flammable construction materials shall be placed on the site without approvals by the Fire Department. All street and access roadways around the project shall be paved for emergency response vehicles before flammable materials are placed on the project. Fire flow tests shall be obtained by East Valley Water District.

15. The building is to be connected to the public sewer system, when provided. When the public system is not available, an onsite septic system is to be installed. Please provide Building Staff with a will- not/ sewer not available letter from EVWD and an approved septic system design from the Santa ana Regional Water Quality Control Board ( please contact Susan Beeson at 951) 782- 4902). An approved design with percolation test will be required to be submitted to Building & Safety for separate review and permitting prior to issuance of a building Permit.

16. Prior to issuance of building permits, site -grading certifications, compaction reports, and survey report shall be submitted to Building and Safety or to Public Works, as applicable.

Page 3 of 4 ends

64 -87-

17. Prior to issuance of building permits, provide a- receipt from the appropriate Unified School District stating that all school fees have been paid.

San Bernardino Unified School Districts)

18. Prior to final inspection, provide Building & Safety with a flash disk of the approved plans and documents.

19. AI1 construction projects shall comply with the NPDES Stormwater Best Management Program. Prior to building permit issuance submit copy of the Water Quality Management Program Report. (WQMP)

20. All deferred plan items & required deputy inspections are to be identified on the plans cover sheet.

21. Site development and grading shall be designed to provide access to all entrances and exterior ground floor exits and access to normal paths of travel. The accessible route( s) of travel shall be the most practical direct route from each site arrival point.

22. All dead and removed trees and foliage is to be properly removed from the site.

23. The City enforces the State of California provisions of the California Building Code disabled access requirements. The Federal Americans with Disabilities Act ( ADA) standards may differ in some cases from the California State requirements; therefore, it is the building owner' s responsibility to be aware of those differences and comply accordingly.

24. At the time of submittal for plan review, projects meeting the requirements under Section 5. 410. 2 and Section 5. 410. 2. 3 of the California Green Building Standards Code shall submit a Commissioning Plan.

25. Demolition permits shall be obtained for all structures to be demolished.

Page 4 of 4 ends

65 -88-
Main Office - 825 East Third Street, San Bernardino, CA 92415- 0835 1 Phone: 909, 387. 7910 Fax: 909. 387. 7911 Department of Public Works
BrendonBtggs, M. S.. P. E.

Director
SAN 13ERNARDINU . Flood Control Special DislricI!
O'j
TNT 1 % I
f) ernrinna
W•
Sut e
a
CaSti[ it
P.

E. I •
solid J t asic managennnt • Trsporlalion Assistant DirEGtor l, David Doublet, M.S., P. E. Assistant Director April
27, 2023 Transmitted
Via Email File:
1 o(ENV)- 4.01 City
of Highland, Planning Division Attn:

Angela Tafalla, Assistant Planner 27215
Base Line Highland,
CA. 92346 atafolla
fcit+;ofhJh and.or RE:

PROJECT NOTICE-- CONDITIONAL USE PERMIT NO. 23- 003 FOR PATRIOT WAREHOUSE, ON THE SOUTH SIDE OF 5TH STREET JUST WEST OF CENTRAL AVENUE; AREA
86- ACRES. Dear
ACROSS FOUR (4) PARCELS TOTALING APPROXIMATELY 2,
Ms. Tafolla: Thank
you for allowing the San Bernardino County Department of Public Works the opportunity to comment on the above - referenced project. We received this request on April 13, 2023, and pursuant toour review, we have the following comments for your consideration and inclusion into public record: Flood
Control Planning AWater Resources Division Michael Fam, Chi f 909- 387. 8120 1.

The proposed Project is located adjacent toa San Bernardino County Flood Control District ( SBCFCD) right -of way and/ or facilities ( 2-603- 1A) City Creek Channel. Any encroachments including, but not limited to access for grading, fence removal and installation, side drain connections, and utilities on the District' sright- of-way or facilities will require apermit from the SBCFCD prior to start of construction. Please contact the San Bernardino County Flood Control Permit Section at (909) 387- 7995 for further information regarding this process. Permits/
0petians Supotlt Division l;Johnny Gavman Chief, 909»387- 7995: We are aware there may be storm drains in and around the site that may be affected by the proposed project. When planning for or altering existing orfuture storm drains, be advised that the Project issubject tothe County' s Comprehensive Storm Drain Plan No. 6 dated, August 2001. It is to be used as a guideline for drainage in the area and is available inthe S.B. County Department of Public Works offices. Any revision to the drainage should be reviewed and approved by the jurisdictional agency (City, County). Page I of 2
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Flood Control planninealWater_ Resources C3ivisinrt ( Michael Farn. Chief. 909- 387- 8120

1. The District' s recommendations are most often made for site specific conditions.

Therefore, the recommendations made here are general in nature until such time as more detailed plans become available.

2. According to the most recent FEMA Flood Insurance Rate Map ( FIRM), Panels 06071C8701J, dated September 2, 2016, and 06071C8702H, dated August 28, 2008, the Project lies relatively equally -divided within FEMA zones X- shaded ( 500- yr. floodpiain., protected by a levee) and zone X,

3. If any encroachment on District flight -of -Way is anticipated, a permit shall be obtained from the District. Other on -site or off -site improvements may be required, which cannot be determined at this time.

4. One of the benefits of the CSDP is to identify the alignment of future drainage and flood control facilities. It is hoped that the City of Highland will continue to use this document to protect the alignment of these future facilities.

5. We recommend that the Project include, and the City enforce, the most recent FEMA regulations for development in a floodplain.

We respectfully request to be included on the circulation list for all project notices, public reviews, or public hearings. In closing, 1 would like to thank you again for allowing the San Bernardino County Department of Public Works the opportunity to comment on the above -referenced project.

Should you have any questions or need additional clarification, please contact the individuals who provided the specific comment, as listed above.

Sincerely,
N,Vcy Sa;1S0J1,W1'
Nancy Sansonetti, AICP
Supervising Planner
Environmental Management Division

Page 2 of 2 ends

67 -90-
City of Highland, FIRE PREVENTION DIVISION, Conditions of Approval.

DATE : April 17, 2023 Page 1 of 7
APPLICANT : Kevin Rice
ADDRESS : 1192- 561- 04, 1192- 561- 05, 1192-561- 06, 1192- 561- 07.

SITE LOCATION: South side of 5th Street West of Central Ave, Highland, CA FILE / INDEX No.: CUP 22-003 DRA 23- 004 VAR 23- 001
A tiered level of mitigation options has been developed and listed below are the systems and/ or modifications required for your project. Compliance of the following items are a condition of FINAL OCCUPANCY APPROVAL. These conditions are required as acceptable solutions to the adverse fire conditions impacting firefighting and emergency operations accompanying the site/ area. They will either assist in detection and extinguishment of the fire and/ or facilitate the anticipated emergency operations.

This project is protected by the City of Highland Fire Department / Cal -Fire / California Department of Forestry and Fire Protection. Prior to any construction occurring on any parcel, the applicant shall contact the city of highland fire marshal office for verification of current fire protection development requirements. All new construction shall comply with the currently adopted California Fire Code and all applicable statutes, appendices, codes, ordinances, standards and policies of the City of Highland Fire Department/ Fire Prevention Division / Cal -Fire I California Department of Forestry and Fire Protection.

Fire Department Review of all projects is required.

ALL CONSTRUCTION ( New and renovations to existing) SHALL COMPLY WITH THE ADOPTED CALIFORNIA FIRE CODE Along with amendments as adopted within the Highland Municipal Code (Ord. # 411).

Note: All weather access roads ( CFC) and fire hydrant/ water system installations shall be in place, inspected and approved, PRIOR to combustible material being brought on site.

Note: The City of Highland has 2 areas within the ' FIRE SAFETY OVERLAY DISTRICT' designated as FR- 1 and FR- 2. Both areas may border or overlap areas identified by the State/CalFire as 'High Fire Severity Zone' or 'Very High Fire Severity Zone'. See HMC for construction requirements.
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GENERAL.

HF3: A fuel break of one hundred ( 100) feet ( brush and weed clearance) is required prior to construction. The clearance shall be maintained on a year-round basis. CFC & HMC

2. HF31: Approved fire hydrant pavement markers (blue dots) shall be installed at every hydrant.

3. HF51: The main electrical panel and all sub- panel( s) shall be labeled on inside cover for all circuits. CEC

4. HF52: Water heater ( fuel fired), shall be properly vented to exterior of structure.

Water heater shall be seismic strapped to wall and be located 18" above a garage floor. CBC

5. HF55: Commercial exit requirements:

A. Required exit doors shall be maintained in an operable condition at all times
B. Required exit doors shall swing outward and away in the direction of exit travel.

C. Obstructions shall not be placed in the required width of an exit. Exits shall not be blocked or locked shut or obstructed in any manner during business hours.

D. Exit paths shall be illuminated when structure is occupied.

E. Exit path illumination shall be supplied from two ( 2) sources of power when occupant load is one hundred ( 100) persons or more.

F. When exit' way/exit pathway and/or exit doorway is not easily identified, additional exit signs shall be installed.

6. Exit signs shall be internally or externally illuminated by two lamps or shall be of the self -luminous type. CFC; CSC

7. HF60: Additional plans for access, fire safety systems, fire lanes and signage, gates, storage, or other special conditions may be requested for review, conditioning and approval by the fire marshal.

8. HF56: All flammable and combustible liquid storage and dispensing shall be in accordance with applicable sections of the CFC, T- 19 and city codes and ordinances.

9. HF48: A class " A" roof covering structure with " bird stops" shall be installed. 2 -92-
tr
ACCESS:

10. HF7: Fire department access roads shall meet the fire dept. minimum unobstructed width of twenty (20) feet. (twenty-six (26) feet within FR- 1 & 2 zones).

This standard shall not lessen other agency requirements. Access roads shall be paved ( asphalt/concrete) and in place prior to delivery of combustible building materials on site. Roads shall be designed and constructed to meet adopted. city standards. CFC
11 HF8: All access roads, public, private streets and residential driveways shall maintain a minimum vertical clearance of thirteen ( 13) feet -six ( 6). inches. CFC

12. HF10: Driveways exceeding 160 feet shall have a fire department approved turnaround at the terminus. CFC / APPENDIX D

13. HF11. Fire department access roadway( s) and/or public/ private street( s) exceeding one hundred fifty ( 150) feet in Iength shall provide an approved turnaround at the terminus (cul-de-sac). Minimum radius shall be not less than forty 40) feet. Or as approved by the fire marshal. Cul- de- sacs providing access to perimeter emergency access roads shall have a minimum radius of forty four (44) feet. CFC / APPENDIX D, SBCO TRANSPORTATION STD

14. HF12: Fire department access roadway( s); public/ private street( s) and driveways shall not exceed 12% grade. CBC / APPENDIX D, HMC

15. HF13: Fire department access roadway(s); shall extend to within one hundred fifty 150) feet of and shall give reasonable access to all portions of the exterior walls of the first story of any building.

An access road, approved by the fire dept., shall be provided to within fifty ( 50) feet of all structures when the natural grade between access road and structure is in excess of 30%.

Where an approved access road cannot be provided, a fire protection system shall be required and approved by the fire department. CFC

16. HF15: " Phased" projects may be required to provide a minimum of two ( 2) remote points of approved access during construction. A secondary access, for fire and other emergency equipment and for routes of escape, which will safety handle evacuations. CFC - APPENDIX D
17 HF19: Manually operated gates across fire department access roadways, public and/or private streets and driveways, shall be equipped with approved emergency key -operated " KNOX" padlock or box containing key to open the private lock. For automatic gates, a " KNOX" emergency access switch, shall be installed, at location determined by fire department, and shall over -ride all command functions and open gate automatically upon activation. All automatic gates shall have a manual over -ride for use during loss of electric power. " KNOX BOX" request form 9 70
-93-
is available from the fire marshal or may be ordered directly from www.knoxbox. com ( specify City of Highland, CA) CFC -- Appendix D Note: The city of Highland also requires an electronic " H" key system ( Ord. # 320) for multi -family, gated communities or secured storage facilities. HMC

18. HF24: " NO PARKING -- FIRE LANE" signs shall be posted at locations designated by fire marshal. Fire lane curbs shall be painted red, with white letters stating, " NO PARKING — FIRE LANE" on top, not face. CFC - APPENDIX D 4 HF54: Commercial and industrial structures - occupancies and gated complexes shall have a " KNOX BOX" system installed on the exterior of the building( s) or complex. location of device to be determined by the fire department. The box shall contain keys necessary to gain access and may contain pre -plans and MSDS information as required by the fire department. New and existing multi -tenant commercial buildings shall provide a ' KNOX' box large enough to contain keys to access each individual tenant space. Installation location( s) to be determined by the fire marshal. The box shall contain clearly marked keys to each tenant space or other areas as determined by the fire marshal. CFC

20. HF61: Aerial fire apparatus access roads. Where required: buildings or facilities exceeding 30-feet in height above the lowest level of fire dept. Vehicle access shall be provided access. roads capable of accommodating aerial apparatus.

Width: aerial apparatus access roads shall provide a minimum unobstructed width of 26-feet in the immediate vicinity of any building exceeding 30-feet in height.

Proximity to buildings: aerial apparatus access roads shall be located a minimum of 15-feet to a maximum of 30-feet from the building, and shall be positioned parallel to one entire side of the structure, as approved by the fire code official. CFC APPENDIX D
WATER:

21. HF25: Minimum required fire flow, as determined by California Fire Code Appendix ' B'.

System shall be looped with minimum eight ( 8) inch mains; six ( 6) inch laterals, six ( 6) inch risers; six ( 6) inch dia. Hydrants with two 2 %2" outlet( s) and one 4" outlet..

CFC APPENDIX B AND C
Note: Hydrants shall meet EVWD standards.

22. HF29: Fire hydrant spacing shall be:

Commercial retail: 300 FEET
CFC f APPENDIX B AND C.

Note: Existing fire hydrants ( off -site) can be included if they meet spacing requirements. Hydrants shall not be located at the `bulb' end of cul- de- sacs. 4 71
-94-
I

23. HF26: Three sets of water delivery system plans, designed to meet the required fire flow for this project and/or development, shall be submitted to the fire department for review and approval. CFC
24 HF27: Applicant -developer shall provide a letter from the water company serving the project -development, verifying financial arrangements have been made and bonded for the required water improvements. CFC

26. HF28: Fire hydrants shall be installed, inspected and operational as per approved water system delivery plans prior to any framing, construction or delivery of combustible materials to project site. CFC / CFC

26. HF30: Private, on site fire hydrant( s) — yard hydrant(sy capable of supplying required fire flow shall be installed at location( s) identified by the fire department.

System shall be looped with minimum -eight (8) inch mains; six (6) inch laterals, six 6) inch risers; six ( 6) inch dia. hydrants with one 2 Y2" outlet and one 4" outlet.

CFC / APPENDIX B AND C

27. HF38: Approved fire hydrant( s) capable of supplying required fire flow, shall be provided to all premises upon which facilities, buildings or portions of buildings are constructed or moved within the jurisdiction. When any portion of the facility or building protected is in excess of 150 feet from a fire hydrant on a public street, as measured by an approved route around the exterior of the facility or building, additional fire hydrants or on -site fire hydrants, meeting the required fire flow, shall be provided. CFC APPENDIX B AND C
ADDRESSING — IDENTIFICATION:

28. HF21: Commercial and multi -family residential address numbers shall be displayed on all new and existing structures in such a manner as to be plainly visible and legible from the access roadway or street. Numerals shall be of a contrasting color to the building and electrically illuminated.

Minimum size of the numerals shall be 8" height, 3/4" stroke, or as approved by the fire marshal.

Industrial occupancies shall have address numbers of 12" height, 1" stroke and shall be electrically illuminated so as to be visible and legible from access roadway or street.

Note: Depending on height and setback of a building, larger numerals may be required and at additional locations on the building, as determined by a case -by - case review.

HIVI C
5 72
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FIRE PROTECTION & ALARM SYSTEMS:

29. HF36: Automatic fire sprinklers shall be installed according to NFPA 93 and fire dept. requirements. Submit three ( 3) sets of shop plans with material cut sheets and hydraulic calculations, indicating the type of occupancy, type of materials to be stored ( if any), for fire dept. review and approval prior to any installation. Submit copy of California C- 16 license. CFC; CBC; HMC

30. HF37: Automatic fire sprinkler control devices ( P. I. V & O. S.& Y.) Shall be visible from fire dept. access roadway, and identify system being controlled and address of structure.

Fire Dept. Connection ( FDC) shall be located no closer than forty (40) feet and not to exceed one hundred fifty (150) from structure. Required fire hydrant shall have a maximum distance from FDC of thirty ( 30) feet. FDC shall identify address and system of structure being protected. CFC

31. HF43: A minimum of one 2A- 1013C fire extinguisher shaft be installed for each 3,000 sq.ft. of floor area. Travel distance to any one fire extinguisher shall not exceed 75 feet. Additional fire extinguishers, size and class to be determined by fire department, may be required. Fire extinguishers shall be serviced biz -annually and shaft have a current State Fire Marshall service tag attached. Fire extinguishers are to be serviced every two years and inspected & tagged every year. CFC; NFPA

32. HF43: An automatic fire detection and alarm system meeting the requirements of CFC 907, CBC and NFPA 72 shall be installed. Three ( 3) sets of shop plans with material cut sheets and calculations shall be submitted to the fire department for review and approval prior to installation. CFC; CBC; NFPA

33. HF44: An automatic smoke removal system shall be installed. The system shall comply with CFC and CBC requirements. Three ( 3) sets of shop plans with material cut sheets and calculations shall be submitted to the fire department for review and approval prior to installation. This system maybe mitigated as allowed by the California Fire and Building codes. Please indicate type and code section of the applicable mitigation employed in this application on your plans. CFC; CBC

34. HF45: An automatic smoke ventilation system — fusible link type, shall be installed.

Roof vent, venting ratios and draft curtains shall be provided. Three ( 3) sets of shop plans with material cut sheets and calculations shall be submitted to the fire department for review and approval prior to installation. This system may be mitigated as allowed by the California Fire and Building codes. Please indicate type and code section of the applicable mitigation employed in this application on your plans CFC; CBC

35. HF59: Commercial and industrial buildings, in excess of 20,000 square feet, and with an interior area more than 150 feet from exterior exit, shall be equipped with H.
73 -96-
a class i standpipe system. Standpipe connections shall be configured to reach any portion of interior space within 150 feet in any direction of travel. This system shall be calculated to provide 500 GPM from an adjacent automatic fire sprinkler riser at 100- psi nozzle pressure for two hand lines flowing.

36. HF60: California Fire Code, FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION, shall apply to this project. it is the responsibility of the project manager to meet with the fire marshal to discuss requirements specific to this project.

37. HF61: TENANT IMPROVEMENT. Review the ' tenant improvement information' handout. If any of the items listed apply to this project, they must be included in the 'fire department notes' section on the plan.

38. HF62: Additional plans for access, fire safety systems, storage or other special condition may be requested for review, conditioning and approval by the fire marshal.

39. HF63: Submit to fire marshal' s office: one copy of building and/or structure plans for fire department review.

40. HF64: Spray booths, spray finishing operations shall comply with requirements of California Fire Code

41. Note: Fire sprinkler design requirements for Spec warehouse buildings will change depending on type of occupancy, storage heights and/ or commodities that are being used or handled. -
Craig Sanchez, Fire Marshal
City of Highland Fire Prevention
909) 864- 8732 x 248
7 74
-97-

LANDSCAPE ARCHITECTURE
4649 Brockton Avenue
Riverside, CA 92506
April 13, 2023
Kim Stater, Assistant Community Development Director
City of }highland
Community Development Department — Planning Division
27215 Base Line
Highland, CA 92346
RE: PRELIMINARY LANDSCAPE PLAN REVIEW:

CUP 23- 004
Patriot Partners Warehouse _
5' Street west of Central
Dear Kim:

We have reviewed the preliminary landscape plans for the facility listed above in comparison to the CiWs standards and guidelines, the City' s Water Efficient Landscape Ordinance, and recently processed applications of similar occupancy. 951) 369. 0700 Accordingly, we recommend the following landscape -specific conditions. 1) Due to building orientation and lack of buffer or planter area for westerly frontage section/ main entrance off 5th Street, additional features including accentuating low walls, mounding, public art, or other features should be Fax ( 951) 369.4039 considered in the proposed planter areas to balance the absence of features at the entrance.
2) Building main vehicular access is directly adjacent to a narrow walk and glazing which may cause issues or confusion with some drivers. Applicant should consider creating a buffer between vehicular and pedestrian areas. h ltp11www. comworksdg. com
3) To verify that the landscape complements the appearance and scale of the warehouse architecture, applicant shall include the actual proposed planting species in architectural renderings and elevations for communication with review committees. Current renderings do not reflect the plant species, forms, nor density of the materials specified on the conceptual landscape plan.

CA License # 2110
4) Current conceptual planting plan does not offer enough tallerjcolumnarpIant species that would create a foundation and transition for the tail structure or offer screening to adjacent properties. Applicant should consider additional species that will meet the need for more vertical planting. Thisshould include more columnar or vertical plant material to create a hierarchy and vertical NV License # 389 transition from ground plane to Building. 75 -98-
5) Applicant shall Include full color planting imagery boards of plants included in the conceptual design palette with plants grouped by size (Trees, Vines, foreground, Mid -ground, Background, and Groundcover) for better communication of palette for design review.
6) Applicant shall include a mix of larger tree sizes with the minimum size being 24" box- 50% of total, 36" box 30% of total, and 48" box 20% of total. 7) Applicant shaII coordinate with city Landscape Architect forstreet tree selection on 5`" street in addition to currently shown Pines.
8) Applicant should clarify perimeter fencing treatments. The only perimeter control currently noted on the building plans appears to be an 8' concrete tilt -up wall with no other perimeter fencing types called out. Adjacent property to the east is a head start childcare center that will require additional fencing and or buffer treatments to include more trees, screening plant material, mounding, and or other specialized treatments.
9) Applicant shall verify and add shading exhibit for parking lots. According to the keynotes on the site plan, they should be on the Landscape plan. 10) Provide concrete headers where frontage landscape meets adjacent neighboring parcels to protect the integrityof the proposed planting, and to define the limits of maintenance responsibility including area adjacent to flood control channel. At a minimum a 6" concrete mow curb is required to separate new planter areas from adjacent existing properties landscape.

We look forward to discussing these items in further detail. if you have any questions or concerns, please feel free to contact us at ( 951) 369- 0700.

Sincerely,

COMMUNITY WORKS DESIGN GROUP
Dan Burkhart ASLA. Certified Arborist wE-- 11637Afor
Scott' iC AsL IEEA AP, CASp
City Lang scape Architect
Consultant to the City of Highland via Community Works Design Group Landscape Architect CA ##5111
76 -99-
Attachment 0
Resolution No. 2023 —
Approving VAR-23- 001
77 -100-
PC RESOLUTION NO. 2023 —

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HIGHLAND, CALIFORNIA, ADOPTING VARIANCE ( VAR- 23- 001) TO ALLOW AN INCREASE IN THE MAXIMUM BUILDING HEIGHT IN THE BUSINESS PARK ZONE FROM 35' TO 45' IN ASSOCIATION WITH CONDITIONAL USE PERMIT ( CUP- 23- 003) AND DESIGN REVIEW APPLICATION ( DRA-23-004) TO CONSTRUCT A 53,665 SQUARE FOOT WAREHOUSE, LOCATED ON THE SOUTH SIDE OF 5TH STREET, 250' FEET WEST OF CENTRAL AVENUE. APN: 1192-561- 04, - 05, - 06 and • 07 APPLICANT: PATRIOT 5TH & CENTRAL, LLC ( PATRIOT PARTNERS) A. RECITALS
On March 23, 2023, the Applicant filed an application for Conditional Use Permit CUP- 23- 003) to develop a 53,665 square foot industrial warehouse and associated improvements including loading docks, passenger vehicle parking spaces, a stormwater detention/ infiltration basin, and landscape area. Related applications were also filed for Design Review ( DRA-23- 004) including a Site Plan, Building Elevations, Conceptual Grading Plan, Conceptual Landscape Plan; Variance ( VAR- 23- 001) to increase the maximum building height permitted to 45'.

2. The site is located on an approximately 2. 86 acres at the south side of 5'^ Street, west of Central Avenue in the City' s Business Park Zoning and General Plan Designations.

Pursuant to the provision of the California Environmental Quality Act ( CEQA) and State and Local CEQA Guidelines, the City of Highland is the Lead Agency, and is charged with the responsibility of deciding whether or not to approve the proposed Project. An Initial Study and Mitigated Negative Declaration were prepared and circulated in accordance with state and Iocal law and will be considered by the Planning Commission at the September 19, 2023, public hearing.

4. On September 19, 2023, the Planning Commission of the City of Highland conducted a Public Hearing at the City Hall Council Chambers in Highland, California, at 6: 00 p. m.

5. All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION
NOW THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Highland as follows:

The PIanning Commission finds that all of the facts set forth in the Recitals, Part " A" of this Resolution, are true and correct.
78 -101-

2. The City of Highland Planning Commission after due consideration, inspection, investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing, including the staff report to the Planning Commission dated September 19, 2023, and which is incorporated herein by this reference, does find and determine the following facts:
a. All necessary public meetings and opportunities for public testimony and comment have been conducted in compliance with State Law and the Municipal Code of the City of Highland.

4. A duly noticed public hearing was held by the Planning Commission on September 19, 2023 in the City Hall Council Chambers and notice of the time, date, place and purpose of the aforesaid hearing was given as required by applicable law. At the public hearing, the Planning Commission took testimony, both written and oral, from various parties, including the Applicant.

5. Pursuant to the California Environmental Quality Act ( CEQA) Guidelines, an Initial Study was prepared for the project. It was determined that Mitigation Measures were necessary to address potential impacts. A Notice of Intent to adopt a Mitigated Negative Declaration ( MND) was circulated and Mitigation Monitoring and Reporting Program prepared for consideration by the Commission.

6. Findings of Fact for Variance VAR- 23- 001
a. That a strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary hardship not otherwise shared by others within the surrounding area or vicinity.

Response: The regulation for which a variance is being requested is, Highland Municipal Code, Title 16, band Use and Development, Table 16. 24. 040.A Industrial Site Development Minimum Standards, No.

8. Maximum building height ( in feet) -- 35'. The Business Park Zone permits general warehousing. Warehousing built to industry standard requires 36' clear height to accommodate joists, lights and sprinkler systems with 4- 5 feet to reach the roof of the structure followed by an additional 4- 5 feet above the roofline to screen roof -mounted equipment such as HVAC. Limiting the building height to 35' makes the use infeasible.
b That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties in the vicinity and under the same zoning classification.
79 -102-
ResLonse: The property in question is zoned Business Park which is the limiting condition in this application. While permitting warehousing as a use, the zoning standards did not properly account for the necessary building height to accommodate the operational characteristics. Within the past two years, the Planning Commission has granted five ( 5) similar variances to allow warehousing buildings additional height in the Business Park Zone for the same reason.

Industrially Zoned property elsewhere in the City that permits warehousing, allows a maximum building height of 50'.
c. That the struct interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and under the same zoning classification.

Response The Applicant would be deprived of constructing a fullyfunctionaI warehouse on the site which is zoned Business Park and allows warehousing and distribution. Five ( 5) similar Variances have been granted for other properties in the vicinity and under the same zoning classification of Business Park.
d. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and under the same zoning classification.

Response: The granting of the variance is permitted by the Municipal Code, Section 16. 08. 070 Variances. The Variance was considered by the Commission with respect to the totality of the project and the appropriate findings made. There is no granting of a special privilege as height variances are explicitly listed and have been recently granted to others.
e. That a granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and
Respgnse: The granting of a variance for an additional 10' of building height will increase the massing of the building. The site design brings the building all the way to the front of the site on 51h Street with substantial building setbacks to existing adjacent educational uses.

Noise, sound, vibration, lighting and traffic issues were all analyzed in the project' s Initial Study. Mitigation Measures were established as appropriate to respond to any negative impact to properties and improvements in the area. The Mitigation Measures will be adopted with the project' s Conditions of Approval
I
-103-
f. That the granting of the variance is consistent with the objectives and policies of the general plan and the intent of this title.

Response; The granting of the variance will allow the project to be developed in compliance with City and industry standards for warehousing and distribution. This use complies with the General Plan and Zoning designations of Business Park. The project's design also complies with other development standards in Title 16 as well as Genera[ Plan Policies included in the Land Use Element and Community Design Element especially for the 51h Street Corridor and is an attribute to the San Bernardino International Airport Gateway.
7 Based on the Findings and Conclusions set forth above, the Planning Commission approves Variance VAR- 23- 001 to allow a maximum building height for this project of 45' in the Business Park Zone. The variance is related to the development of a 53, 665 square foot warehouse subject to Conditional Use Permit CUP- 23- 003, and Design Review DRA- 23- 004 and their Conditions of Approval.

PASSED, APPROVED AND ADOPTED this IVh day of September, 2023.

Randall Hamerly, Chairman
ATTEST
Lawrence A. Mainez
Community Development Director
81 -104-
Attachment 7
Resolution No. 2023 —
Approving DRA-23--004
82 -105-
PC RESOLUTION NO. 2023 —

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

HIGHLAND, CALIFORNIA, ADOPTING DESIGN REVIEW APPLICATION DRA-23-004) FOR THE DEVELOPMENT OF A 53,665 SQUARE FOOT

CONCRETE TILT -UP WAREHOUSE INCLUDING THE PROJECT' S SITE

PLAN, BUILDING ELEVATIONS, CONCEPTUAL GRADING PLAN,

PUBLIC ART PIECE, AND CONCEPTUAL LANDSCAPE PLAN
GENERALLY LOCATED ON THE SOUTH SIDE OF 5TH STREET, 250
FEET WEST OF CENTRAL AVENUE. APN: 1192- 561- 04, - 05, - 06 and - 07 RELATED ENTITLEMENTS INCLUDE DESIGN REVIEW
APPLICATION ( CUP- 23- 003) AND VARIANCE ( VAR- 23- 001) APPLICANT: PATRIOT 5TH & Central, LLC ( PATRIOT PARTNERS) A. RECITALS

1. On March 23, 2023, the Applicant filed an applications for Design Review ( DRA23- 004), a Conditional Use Permit ( CUP-23- 003) and Variance ( VAR- 23- 001) to develop a 53, 665 square foot industrial warehouse and associated improvements including loading docks, passenger vehicle parking spaces, a stormwater detention/ infiltration basin, and landscape area.

2. The site is located on an approximately 2. 86 acres at the south side of 5tn Street, west of Central Avenue in the City' s Business Park Zoning and General Plan Designations.
3, Pursuant to the provision of the California Environmental Quality Act ( CEQA) and State and Local CEQA Guidelines, the City of Highland is the Lead Agency, and is charged with the responsibility of deciding whether or not to approve the proposed Project. An Initial Study and Mitigated Negative Declaration were prepared and circulated in accordance with state and local Iaw and will be considered by the Planning Commission at the September 19, 2023, public hearing.

4. On September 19, 2023, the Planning Commission of the City of Highland conducted a Public Hearing at the City Hail Council Chambers in Highland, California, at 6: 00 p. m.

5. All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION
NOW THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Highland as follows:

1.31 -106-
Section I The Planning Commission finds that all of the facts set forth in the Recitals, Part "A" of this Resolution, are true and correct.

Section 2. Pursuant the California Code of Regulations, the City of Highland Planning Commission hereby finds that a Mitigated Negative Declaration prepared for the project has been completed in compliance with the California Environmental Quality Act ( CEQA) and that the Planning Commission has reviewed and considered the information contained in the staff report, and the comments received during the public review process, prior to approving the project.

Section 3. Based upon substantial evidence presented to the Planning Commission during the September 19, 2023, Public Hearing, including public testimony and written and oral Staff Reports, the Planning Commission finds as follows:
a. All necessary public meetings and opportunities for public testimony and comment have been conducted in compliance with State Law and the Municipal Code of the City of Highland.

Section 4. Desing Review Findings of Fact
a. That the proposed project is consistent with the general plan or specific plan.

Response. The site' s designation under the General Plan is categorized as a Business Park, a classification that permits an array of light industrial activities, research and development endeavors, and office operations that contribute to aesthetically pleasing and conducive working environments. Specifically, the Business Park designation allows for light manufacturing, wholesaling, and warehousing activities, provided they are conducted within an enclosed structure, as stipulated in Chapter 2 of the Land Use Element. The proposed development of a 53, 665- square- foot warehouse aligns well with these permissible uses.

Furthermore, the project is consistent with the objectives outlined in the 5th Street Corridor Policy Area, Circulation Element, and Community Design Element, thereby fulfilling all pertinent goals and policies. b That the proposed use is in accordance with the objectives of Title 16, Land Use and Development of the City of Highland Municipal Code, and the purposes of the land use district in which the site is located.

Res kn.gip: In alignment with the Highland Municipal Code' s standards for warehousing within the Business Park District, the project is designed to comply with Section 16. 24. 040, which delineates the Employment District Development Standards. The project proposes a lot coverage of 43%, well within the maximum allowable limit of 60%.

Additionally, the project meets the mandated building setbacks and landscape coverage specifications. It is also in compliance with general development standards concerning circulation, parking, and lighting. 84 -107-
c. That the proposed use is in compliance with city design and landscape standards and criteria.

Response: In accordance with the Highland General Plan, specific criteria are outlined for this location under the Land Use and Community Design Elements. Goa[ 10.8 is designed to ensure that developments are both professionally executed and aesthetically pleasing through a coordinated approach to site planning, signage, and architectural design.

To comply with these guidelines, the project will feature specialized landscaping at its entrances, which serves to enhance the contemporary architectural elements of the building. This approach is congruent with the established thematic development in the Highland area.

The design meets the intent of Policy 10.8. 1 which encourages contemporary, clean and distinctive buildings with clearly visible entrances" and Policy 10. 8. 3 to " avoid long, blank building walls by incorporating diagonal fagade articulation and modulation and varying use of color, materials and landscaping." Parking and service areas are screened from public view with walls and landscaping and berms and utilities will be underground. The building is set back as far as possible from adjacent educational facilities.
d. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or will not be materially injurious to properties or improvements in the vicinity of the site.

Response: The warehouse development will be in compliance with Municipal, Fire & Building codes. Each public safety division of the City has reviewed the project and provided relevant Conditions of Approval that will be adopted by resolution. The necessary ingress and egress are provided and all public utilities and services will be in place. There is no indication that the project would be detrimental to the public health, safety or welfare, or materially injurious to properties and improvement in the vicinity.

Section 5 Based on the Findings and Conclusions set forth above, the Planning Commission approves Design Review Application DRA- 23- 004. All improvements will be completed subject to the Conditions of Approval attached hereto and incorporated by reference.
85 -108-
C. ADOPTION OF RESOLUTION.

The City Clerk shall certify to the adoption of this Resolution and shall cause the same to be published or posted in the manner prescribed by law.

PASSED, APPROVED AND ADOPTED this 190 day of September, 2023, Randall Namerly, Chairman
Planning Commission
ATTEST:

Lawrence A. Mainez
Community Development Director
0 -109-

CITY OF HIGHLAND

PLANNING DIVISION CONDITIONS OF APPROVAL
Date: September 16, 2023
Applicant: Patriot 5'" & Central, LLC
File/ Index: Design Review Application DRA-23-004
Proposal: Design Review of
warehouse/ distribution
Elevations, Conceptual
Landscape Plan.
a 53, 665 square foot concrete tilt -up
facility. DRA includes the Site Plan, Building
Grading Plan, Public Art Piece and Conceptual
Location: A 2. 86 acre site on the south side of 61' Street, approximately 250 feet west of Central Ave.; Assessor' s Parcel Number 1192-561- 04, -05, - 06, and -07 Related Entitlements: CUP- 23- 003, VAR- 23- 001

This Design Review Application is conditionally approved, subject to compliance with the requirements as specified below. The Conditions listed below are continuing Conditions; failure of the Applicant and/or operator to comply with any or all Conditions at any time, shall result in initiating revocation of the subject permit. 1 . Design Review Application (DRA-23-004) shall become null and void:
a. Unless all conditions have been complied with and the occupancy or use of the land or structures authorized by this design review application, and have occurred within thirty- six ( 36) months from the approval date this design review application shall expire and be null and void without further action by the City of Highland.
b. Where circumstances beyond the control of the Applicant cause delays which do not permit compliance within the time limitation established in this Section, the Planning Commission may grant an extension of time for a period of time not to exceed an additional thirty- six ( 36) months. An application for an extension of time must be set forth in writing, stating the reasons for the extension, and must be filed with the community development department no less than 30 calendar days nor more than 90 calendar days prior to the expiration date of the permit or approval. Such application shall be filed together with the City' s processing fee, as established by the City Council.
87 -110-
NOTE: All required on -site and off -site improvements shall be completed and approved prior to final inspection for occupancy.

2. The proposed Design Review entitlement includes approval of a Site Plan, Building Elevations, Conceptual Grading Plan and Conceptual Landscape Plan for the construction and operation of an approximate 53,665 square foot speculative industrial warehouse and associated improvements including loading docks, passenger vehicle parking, a stormwater detention/ infiltration basin, landscaping and off -site improvements as illustrated in project plans. a. The approved site plan, building elevations, conceptual grading plan, conceptual landscape plan, public art piece, color and material samples are on file with the Planning Division and included herein by reference.
b. Three complete sets of plans reflecting these conditions of approval and any Planning Commission directives shall be submitted to the planning Division within two weeks of this project' s approval.

3. The operator and recorded owner of the property shall submit to the Planning Division written evidence of agreement with all conditions of this approval before the approval becomes effective. Plan check cannot begin prior to receipt of this signed documentation.

4. In compliance with the Highland Municipal Code, the Applicant/ Owner shall agree, at his/ her sole cost and expense, to defend, indemnify, and hold harmless, the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third -party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, Planning Commission, or other decision -making body, including staff, concerning this project. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve the Applicant/ Owner of his/ her obligations under this condition.

5. The Owner/Applicant is responsible for implementing all conditions of approval to the satisfaction of the Community Development Director, City Engineer, Fire Marshal, and Police Department ( if applicable). No final inspection or clearances shall be given until all conditions are met. Each condition of approval is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable.

6. Revisions, modification, or deletions of associated plans must be submitted to the Planning Division for review and approval. Revisions may require additional review by the Planning Commission.
-111-

7. Pursuant to provisions of California Public Resources Code Section 21089 ( b), this Application shall not be operative, vested or final, nor will building permits be issued or a map recorded, until: ( 1) the Notice of Determination ( NOD) regarding the associated environmental action is filed and posted with the Clerk of the Board of Supervisors of the County of San Bernardino, and; ( 2) any and all required filing fees assessed pursuant to California Fish and Game Code Section 711. 4, together with any required handling charges, are paid to the Clerk of the Board of Supervisors of the County of San Bernardino.
a. The Applicant shall provide the Planning Division with a check for the appropriate fee, made payable to the Clerk of the Board of Supervisors, no later than 24 hours after receiving approval of the project. The City will file the NOD and fee payment with the County/ State and will provide the Applicant with a copy of the receipt and filed NOD.

8. Development Impact Fees shall be paid in accordance with City Ordinance ( see attached DIF flyer). Fees are subject to change by action of the City Council. Fees are locked in upon submission of application to the Building & Safety Division for plan check (footnote # 3).

9. A copy of the utility plan shall be submitted with or prior to the submittal of a grading plan to the Community Development Director and City Engineer for review and approval. The utility plan shall show the location of all proposed above ground electrical transformers, utility cabinets, back flow devices, detector check valves, etc. both on site and in the public right- of-way.

10. Prior to issuance of a Certificate of Occupancy by the City, all on and off -site landscaping, irrigation or other improvements shown on the approved landscaping and irrigation plans, including any walls and fences, shall be installed.

11. The project site has been reviewed and approved for warehouse use. Any change of use of this project site, the occupancy, or change of use in the building, or portion thereof, may require a revised plot plan be submitted to the City for review and approval, which identifies location of use, letter of intent and parking requirements.

Outdoor storage of materials is prohibited.

12. All permanent parking areas shall be paved and permanently maintained with asphalt or concrete and designated with clearly painted lines. The number of parking spaces, including disabled parking, shall comply with the approved Site PIan.

The Applicant / Developer shall install
building. The bike racks shall be Iocated
flow of pedestrian traffic.
two ( 2) bicycle racks on -site near the
in areas where they will not impede the
-112-

13. All ground mounted, as well as wall mounted mechanical, electrical, or gas equipment shall be screened from public view by the use of landscaping and/ or architectural treatments compatible with the adjoining building' s architectural design.

14. All rooftop mounted mechanical equipment, with the exception of solar panels, shall be screened from public view. This can be accomplished by architectural treatments of parapets equal in height to the tallest piece of roof -mounted equipment, but not to exceed an overall height of 45 feet. 15 The photometric plan shall be provided to the Planning Division for review and approval prior to issuance of a grading plan in compliance with Municipal Code Sections 16.40. 160 Lighting and 16.48.080 Light and glare. a) The amount of illumination projected onto a residentially zoned property or use should not exceed 0. 1 foot- candle at the property line. Illumination should not exceed 0. 5 foot-candles measured at the property line adjacent to non- residential properties.
b) Lights shall be shielded and directed away from surrounding properties and right-of-way.
c) Parking lot light standards shall not exceed twenty-five feet ( 25') in height measured from grade.
d) Parking lot light standards shall be located at a distance from parking lot trees, so the trees do not interfere with the lighting pattern or the Ight fixture.

Lighting standards shall be shown on the landscape plans and appropriately positions so as not to displace the intended location of trees in parking lot planters.

16. The design and installation of the Signs shall be in accordance with Chapter 16. 56, Sign Regulations, of the Highland Municipal Code.

17. A 3' wall or berm shall be constructed in back of the landscaped area along 5 h Street to provide screening from parking areas.

18. Construction activities shall be restricted to weekdays and Saturdays between 7: 00 a. m. and 7: 00 p. m. only. No construction, other than interior finish work shall be conducted any time on Sundays. Construction equipment shall be muffied in accordance with manufacturer' s specifications.

19. The Developer shall comply with all applicable Conditions of Approval and the Mitigation Monitoring and Reporting Plan related to the associated entitlements; CUP- 23- 003, VAR-23-001.
all
-113-
Development Impact Fees ( DIF)
91 -114-

PLANNING DIVISION
Development Impact Fees
Worksheet
New Commercial / Industrial / Office
1 Are DIF fees Iocked per City Council Ordinance 461: YES 1 EINO**

2. if yes per building permit No

COMMERCIAL

3. Development Impact Fee (A) x new commercial structure sq. ft. ( B) A xB = 1

INDUSTRIAL

4. Development Impact Fee ( A) x new industrial structure sq. ft. ( B) A x B = 2 _ .,._. _

5. Development Impact Fee.(A) x new office sq, ft. (B) = DIF due A xB = 3

6. Total DIF Amount due( 1+ 2+ 3)::.:::..,
Planner:-- _ Date:

Attention Applicant if question number one is marked " No" all calculations are just approximates, actual cost may vary depending on fee at time of building and safety application submittal. 92 -115-

CITY OF HIGHLAND

DEVELOPMENT IMPACT FEES
Effective 4/ 28/ 21
s
Detached Attached Mobile Commercial Commercial/
0 Dwelling liin Home Lodging Office in Ru trial
Law Enforcement $ 284. 05 $ 449. 19 $ 243. 46 $ 188. 92 $ 0. 160 10 Facilities C
Fire Suppression $ 1, 008. 86 $ 327. 43 $ 1, 057. 84 $ 1, 603. 54 $ 0. 250 1;$0. 072 Facilities, Vehicles & 4%
Equipment N4
Local Circulation $ 4,957. 93 $ 3, 309. 38 $ 2, 595. 60 $ 2, 607, 84 14 4, 65 $ 3. 478
System
Regional Circulation $ 14, 377. 74 $ 9, 598. 99 $ 7, 525. 84 $ 7, $ 13. 51 $ 10. 39 System
Regional Flood $ 1, 155. 73 $ 494. 57 $ 406. 86 $ . 42 $ 0. 26 $ 0. 32 Control Facilities
General Facilities, $ 1, 259. 33 $ 1, 259. 33 $ 1, 259. ;! zt'2114. 1 1 $ 0. 298 $ 0. 298 Vehicles & Equipment
Library Facilities & $ 1, 158. 57 $ 1, 259. 33 $ N/ A NIA N/ A Collection Py
Public Use ( Community $ 1, 444. 06 $ 1, 389. 46 188 N/ A NIA N/ A Center Facilities)
Park Land Acquisition & $ 4, 702. 87 54, 52, - $ 3, 242. 07 N/A N/A N/ A Park Facilities Development
TOTAL: $ 30, 349. 14 2 8. 72 $ 18, 123. 45 $ 12, 367. 21 $ 19. 120 $ 14. 572 Motes:

1. Fees applicable City- wide except fo* i lands Ranch which is subject to a different fee schedule. Certain properties fronting Greenspot Road, between kle Road and Santa Paula Street, must also pay a Greenspot Impact Fee ( Resolution No. 1994- 037).

2. Fees are per dwelting unit for resa! ial, per lodging unit for commerclai lodging, and per gross square footage for commercial or industrial.

3. Fee locked in at time of ` m plication. ( Reso. 2007-060)

4. Fee collected at tt pancy. ( Reso. 2018- 002 & 2018- 003) 0,:

5. Additional inc, no using fees of $3, 750 required per Resolution 200& 020 & Ordinance 306.

6. Certain pro ects m' be charged an impact fee based on the Alternative Cost Methodology for Regional Circulation ($ 383. 95 per trip- mile), n fr Local Circulation ($ 156. 00 per trip -mile.) L

IMPACT FEE FOR BUILDING EXPANSION
no charge for first 499 square feet of residential building expansion) DETACHED DWELLING .............................................. $ q

20.232 per square foot
ATTACHED DWELLING ........ .................................. $ 14. 979 per square foot MOBILE HOME..... . $ 12. 082 per square foot
104 COMMERICIAL LODGING ..................................... $ 8. 245 per square foot COMMERCIAL/ OFFICE............................................... $ 19. 120 per square fool INDUSTRIAL................................................................ $ 14. 572 per square foot C:tUserslatafollalAppDatalLocaNMicrosottl%A indowsUNetCache%Content.Wlook%W5KVK£ 6.l1DIF Fees Handout 5- 3- 21. doc Last Updated 5021
93 -116-
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Attachment 8
Resolution No. 2023 --
Approving ISIMND & MMRP
108
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PC RESOLUTION NO. 2023 —

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HIGHLAND,

CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND

MITIGATION MONITORING AND REPORTING PROGRAM FOR THE
DEVELOPMENT OF A 53, 665 SQUARE FOOT WAREHOUSE AND ASSOCAITED IMPROVEMENTS LOCATED ON THE SOUTH SIDE OF 5TH STREET, 250' WEST OF CENTRAL AVENUE. RELATED ENTITLEMENTS INCLUDE CONDITIONAL USE PERMIT ( CUP- 23- 003), DESIGN REVIEW APPLICATION ( DRA- 23- 004), AND VARIANCE ( VAR- 23-001). APN: 1192- 561. 04, -05, - 06 and -07 APPLICANT: PATRIOT 5T" & CENTRAL, LLC ( PATRIOT PARTNERS) A. RECITALS
On March 23, 2023, the Applicant filed an application for Conditional Use Permit CUP- 23- 003) to develop a 53, 665 square foot industrial warehouse and associated improvements including loading docks, passenger vehicle parking spaces, a stormwater detentionf infiltration basin, and landscape area. Related applications were also filed for Design Review ( DRA- 23- 004) including a Site Plan, Building Elevations, Conceptual Grading plan, Conceptual Landscape Plan; Variance ( VAR- 23- 001) to increase the maximum building height permitted to 45'. 2 The site is located on an approximately 2. 86 acres at the south side of 51" Street, west of Central Avenue in the City' s Business Park Zoning and General Plan Designations.

3. Pursuant to the provision of the California Environmental Quality Act ( CEQA) and State and Local CEQA Guidelines, the City of Highland Is the Lead Agency, and is charged with the responsibility of deciding whether or not to approve the proposed Project.

4. The Initial Study prepared for the Project was made available for public review from July 14, 2023 to August 14, 2023,

5. The Initial Study also finds that the issues of Air Quality, Biological Resources, Cultural Resources, Geology and Soils, and Tribal Cultural Resources require the implementation of mitigation measures to reduce impacts to a less than significant level, and a Mitigated Negative Declaration is the appropriate document for this project.

6. On September 19, 2023, the Planning Commission of the City of Highland, conducted a Public Hearing on the subject Project and concluded the Hearing on that date.

7. All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION
NOW THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Highland as follows:
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Section 1. The Planning Commission finds that all of the facts set forth in the Recitals, Part "A" of this Resolution, are true and correct.

Section 2. Based upon substantial evidence presented to the Planning Commission during the September 19, 2023, Public Hearing, including public testimony and written and oral Staff Reports, the Planning Commission finds as follows:
a. All necessary Public Meetings and opportunities for public testimony and comment have been conducted in compliance with State Law and the Municipal Code of the City of Highland.

Section 3 The Planning Commission hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, both of which are attached hereto and incorporated herein by reference.

Section 4. The Planning Commission hereby instructs City staff to file a Notice of Determination with the Clerk of the Board of the Supervisors of the County of San Bernardino, pursuant to the Public Resources Code and State CEQA Guidelines.

C. ADOPTION OF RESOLUTION.

The City Clerk shall certify to the adoption of this Resolution and shall cause the same to be published or posted in the manner prescribed by law.

PASSED, APPROVED AND ADOPTED this 19t' day of September, 2023.

Randall Hamerly, Chairman
Planning Commission
ATTEST:

Lawrence A. Mainez,
Community Development Director
110
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Final
Initial Study/ Mitigated Negative Declaration
th Southwest Corner of 5
Street and Central Avenue
Warehouse Project Prepared for:

City of Highland
27215 Base Line
August 2{ 123
Highland, California
92346
CONTACT:

Kim Stater
AftmM00 a... w..`...

Prepared by:

DUDEK
605 Third Street.

Encinitas, California 92024
CONTACT:

Hayley Ward
-134-
112
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FINAL
Initial Study/ Mitigated Negative Declaration
Southwest Corner of
Sth St: eet and Central
Avenge Warehouse Project
AUGUST 2023
Prepared for:

CITY OF
H
CLOG4t'( ANDW.

CITY OF HIGHLAND
2 721S Base Line Highland,
California 92346 Contact:

Kim Stater Prepared
by: 605
Third Street Encinitas,
California 92024 Contact:

Hayley Ward 113
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Printed on 30% post -consumer recycled material.
114
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Table of Contents

SECTION PAGE
Acronymsand Abbreviations............................................................................................................................................. v Preface.... .................. ........................................................................................................... ........................................... ix 1 introduction ............................. ................................ ............................... I

1. 1 Project Overview..................................................................................................................................... 1

1. 2 California Environmental Quality Act Compliance................................................................................ 1

1. 3 Public Review Process........................................................................................................................... 1

1. 4 Initial Study Checklist............................................................................................................................. 2 2 Project Description............................................................................................................................................... 3

2. 1 Project Location...................................................................................................................................... 3

2. 2 Environmental Setting............................................................................................................................ 3

2. 3 Project Characteristics........................................................................................................................... 4

2. 4 Project Construction and Phasing......................................................................................................... 6

2. 5 Project Approvals.................................................................................................................................... 7 3 Initial Study Checklist ........................................................................................................................................... 9

3. 1 Aesthetics............................................................................................................................................ 14

3. 2 Agriculture and Forestry Resources................................................................................................... 17

3. 3 Air Qua Iity............................................................................................................................................. 18

3. 4 Biological Resources........................................................................................................................... 39

3. 5 Cultural Resources.............................................................................................................................. 43

3. 6 Energy............................................................................................................................................ 48

3. 7 Geology and Soils................................................................................................................................ 53

3. 8 Greenhouse Gas Emissions................................................................................................................ 57

3. 9 Hazards and Hazardous Materials..................................................................................................... 69

3. 10 Hydrology and Water Quality............................................................................................................... 74

3. 11 land Use and Planning....................................................................................................................... 79

3. 12 Mineral Resources.............................................................................................................................. 81

3. 13 Noise.................................................................................................................................................. 82

3.14 Population and Housing...................................................................................................................... 95

3. 15 Public Services.................................................................................................................................... 96

3. 16 Recreation............................................................................................................................................ 98

3. 17 Transportation . ............................................. .... .............. ............................................... I ........ I ........ .... 99

3. 18 Tribal Cultural Resources.................................................................................................................. 1Q7 3, 19 Utilities and Service Systems............................................................................................................ 114

3.20 Wildfire...............................................................................................................................................119

3. 21 Mandatory Findings of Significance................................................................................................. 121 15255
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4 References and Preparers.............................................................................................................................. 123

4. 1 References......................................................................................................................................... 123

4. 2 List of Preparers ...... .......... .............. ..... .......... ................ _... .................... .......................................... 130

APPENDICES
A- 1 Air Quality, Greenhouse Gas Emission, and Energy Emissions Modeling Inputs and Outputs A- 2 Construction and Operational Health Risk Assessments 8 Biological Resources Attachments
C Arhorist Report
D Built Environment Inventory and Evaluation Report
E Archaeological Resources Assessment
F Geotechnical Report
G Phase I Environmental Site Assessment
H- 1 Preliminary Water Quality Management Plan
H-2 Preliminary Drainage Report
I Noise Attachments
1- 1 Field Noise Data Sheets
1- 2 Construction Noise Modeling Input and Output
1- 3 Equipment Specifications and Noise Calculations
J Transportation Technical Memorandum
K Mitigation Monitoring and Reporting Program

FIGURES
1 Project Location.............................................................................................................................................. 131 2 Aerial Overview................................................................................................................................................ 133 3 General Plan Land Use.................................................................................................................................. 135 4 Zoning.............................................................................................................................................................. 137
5 Airport Gateway Specific Plan........................................................................................................................ 139 6 Site Plan.......................................................................................................................................................... 141 7 Conceptual Elevations.................................................................................................................................... 143 8 Conceptual Rendering.................................................................................................................................... 145 9 Conceptual Landscape Plan........................................................................................................................... 147 10 Biological Resources....................................................................................................................................... 149 11 Noise Measurement Locations..................................................................................................................... 151 12 Project Trip Assignment................................................................................................................... I.............. 153 15255
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TABUS
2- 1 Surrounding Land Uses....................................................................................................................................... 4 2-2 Summary of Passenger Parking Stalls................................................................................................................ 5 2-3 Anticipated Project Construction Schedule........................................................................................................ 7

3.3-1 South Coast Air Quality Management District Air Quality Significance Thresholds ...................................... 21

3.3. 2 Construction Scenario Assumptions................................................................................................................ 23

3. 3- 3 Estimated Maximum Daily Construction Criteria Air Pollutant Emissions..................................................... 24

3.3-4 Estimated Maximum Daily Operation Criteria Air Pollutant Emissions.......................................................... 26

3. 3- 5 Construction Localized Significance Thresholds Analysis.... .......................................................................... 28

3. 3-6 American Meteorological Society/ Environmental Protection Agency Regulatory Model PrincipalParameters........................................................................................................................................31

3. 3- 7 Construction Health Risk Assessment Results - Unmitigated. ...................................................................... 33

3. 3-8 Construction Health Risk Assessment Results - Mitigated........................................................................... 34

3. 3-9 American Meteorological Society/ Environmental Protection Agency Regulatory Model PrincipalParameters........................................................................................................................................35

3.3- 10 Operational Health Risk Assessment Results - Unmitigated.......................................................................... 36

3. 3- 11 Operational Health Risk Assessment Results - Mitigated ... ............ ........ ........................................ I............. 37

3. 6- 1 Total Proposed Project Construction Petroleum Demand.............................................................................. 49

3. 6- 2 Operational Annual Mobile Source Petroleum Demand................................................................................. 51

3.8- 1 Estimated Annual Construction Greenhouse Gas Emissions........................................................................ 60

3. 8- 2 Estimated Annual Operational Greenhouse Gas Emissions.......................................................................... 62

3. 8- 3 Project Potential to Conflict with the 2017 Scoping Plan GHG Reduction Measures.................................. 64

3.8-4 Project Potential to Conflict with 2022 Scoping Plan GHG Reduction Measures ......................................... 65

3.13-1 Typical Sound Levels in the Environment and Industry .................................................................................. 82

3. 13- 2 Measured Noise Levels.................................................................................................................................... 84

3. 13-3 Measures of Substantial Increase for Community Noise Sources................................................................ 86

3. 13-4 Construction Noise Summary of Results ( dBA Leq 1-hour/ dBA Leo& riow).......................................................... 90

3. 13-5 Mechanical Equipment Operation Noise Summary of Results...................................................................... 91

3.13-6 Combined On -Site Noise Summary of Results - Noise Levels ( dBA Leq) at Property Boundaries ............... 92

3.17- 1 Project Trip Generation Summary ..................................................................................................................100

3. 18- 1 Assembly Bill 52 Native American Heritage Commission - Listed Native American Contacts.................... 112

3.19-1 Projected Multiple Dry Year Supply and Demand Comparison ( Acre- Feet)...................................................... 116 15255
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Acronyms and Abbreviations
A. Definition
AS Assembly Bill
ACM asbestos • containing materials
ADA Americans with Disabilities Act
AERMOD American Meteorological Society/ Environmental Protection Agency Regulatory Model
APN Assessor' s Parcel ! Number
AQMP Air Quality Management Plan
bgs below ground surface
BMP best management practice
BP business park
CAAQS California Ambient Air Quality Standards _
CAL FIRE California Department of Forestry and Fire Protection CalEEMod California Emissions Estimator Model
CalRecycle California Department of Resources Recycling and Recovery CARB California Air Resources Board
CEQA California Environmental Quality Act
CHa methane
CHRIS California Historical resources Information System i city City of Highland_--
CMP T Congestion Management Program
CN£ L
CO-O2
CO2e
CRHR
dBA _
DBH _
DPM
EPA
EV
EVW D
FICON
FTA
GHG
GWP -
HARP2
H RA
HVAC
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Community Noise Equivalent Level
carbon monoxide
carbon dioxide
carbon dioxide equivalent
California Register of Historic Resources
decibels
A weighted decibel
diameter at breast height
diesel particulate matter
U. S. Environmental Protection Agency
electric vehicle
East Valley Water District
Federal Interagency Committee on Noise
Federal Transit Administration
greenhouse gas

0. Iobal
s.. warming potential
Hotsoots Analysis and Reporting Progi
health risk assessment
ventilation, and air conditioning
Interstate
Version 2
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IS initial study .

LRCM Los Angeles County Museum
Ldn _ day - night average noise level
LDV light• duty vehicle
Leq equivalent noise level over a given period. r M —
LOS level of service
LST Iocalized significance threshold
MDV medium - duty vehicle
MM Mitigation Measure
MND i mitigated negative declaration N
M$ 4 Municipal Separate Storm Sewer System
MT metric tons
N20 nitrous oxide
NAAQS National Ambient Air Quality Standards
NAHC Native American Heritage Commission
NO2 nitrogen dioxide
N0, oxides of nitrogen
NPDES National Pollution Discharge Elimination System
NRHP National Register of Historic Places
03 ozone
OEHHA Office of Environmental Health Hazard Assessment
OSHA occupationalSafety and Health Administration
PCE I passenger car equivalent
PMxo ' particulate matter with an aerodynamic diameter equal to or less than 10 microns PM2.5 particulate matter with an aerodynamic diameter equal to or less than 2.5 microns PPV peak particle velocity
PRC California Public Resources Code
PRIMP Paleontological Resources Impact Mitigation Program project 5th Street and Central Avenue Warehouse Project R#=L reference exposure level
ROW right- of-way
RTP Regional Transportation Plan
SB I Senate Bill
SBIA San Bernardino International Airport and Trade Center SBSD San Bernardino County Sheriff' s Department
SCAB South Coast Air Basin
SCAG Southern California Association of Governments
SCAQMD I South Coast Air Quality Management District
SCE Southern California Edison _
SCS Sustainable Communities Strategy _
SLF
sax
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Sacred Lands File
sulfur oxides
State Route
vi
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Acronym/ AbbreviationDefinition
SVP Society of Vertebrate Paleontology
SWPPP stormwater pollution prevention plan
SWRCB State Water Resources Control Board
TAC toxic air contaminant
TCR tribal cultural resource
VMT
voc
WRP

YSMNZEV
vehicle miles traveled
volatile organic
Water Quality Management Plan
Water Reclamation Plant _
Yuhaaviatam of San Manuel Nation
zero emission vehicle
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Preface
This Initial Study/ Mitigated Negative Declaration ( IS/ MND) was prepared for the proposed Southwest Corner of 51h Street and Central Avenue Warehouse Project ( project) and made available for public comment for a public review period from July 14, 2023, through August 14, 2023. In accordance with the California Environmental Quality Act CEQA) Guidelines, Section 15074(b) ( 14 CCR 15074(b)), before approving the proposed project, the City of Highland ( City), as the lead agency under CEQA, will consider the IS/ MND with any comments received during this public review period. Specifically, Section 15074( b) of the CEQA Guidelines ( 14 CCR 15074( b)) states the following:

Prior to approving a project, the decision -making body of the lead agency shall consider the proposed negative declaration or mitigated negative declaration together with any comments received during the public review process.

The decision -making body shall adopt the proposed negative declaration or mitigated negative declaration only if it finds on the basis of the whole record before it ( including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflectsthe lead agency's independent judgment and analysis.

No comment fetters were received for this project.

Lastly, a Mitigation Monitoring and Reporting Program has been appended to this Final IS/ MND as Appendix K. 15255
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1 Introduction

1. 1 Project Overview
The City of Highland ( City) received an application from Patriot Development Partners ( project applicant) requesting the following approvals for development of the Southwest Corner of 5th Street and Central Avenue Warehouse Project ( project) located at the southwest corner of 5th Street and Central Avenue in Highland, California:

Conditional Use Permit
Design Review
Variance
The project includes design review for the construction of an approximately 53,665-square-foot, one story industrial/ warehouse building on an approximately 2. 43-acre ( gross) property located in the southern part of the City. The project site consists of Assessor' s Parcel Numbers ( APNs) 1192- 561-04, 1192- 561-05, 1192- 561-06, 1192- 561- 07, in addition to small portions of parcels 1192- 561- 01, 1192- 561- 03, and 1192- 561- 10, under separate ownership. In addition to the industrial/ warehouse building, the project would include a landscaping area, passenger vehicle parking spaces, and tractor -trailer loading docks.

1. 2 California Environmental Quality Act Compliance
The City is the lead California Environmental Quality Act ( CEQA) agency responsible for the review and approval of the proposed project. Based on the findings of the Initial Study ( IS), the City has made the determination that a Mitigated Negative Declaration ( MND) is the appropriate environmental document to be prepared in compliance with CEQA California Public Resources Code, Section 21000 et seq.). As stated in CEQA Section 21064, an MND may be prepared for a project subject to CEQA when an IS has identified no potentiallysignificant effects on the environment.

This draft Initial Study/ Mitigated Negative Declaration ( IS/ MIND) has been prepared bythe City as lead agency and is in conformance with Section 15070(a) of the CEQA Guidelines ( 14 CCR 15000 et seq.). The purpose of the MND and the IS Checklist is to determine any potentially significant impacts associated with the proposed project and to incorporate mitigation measures into the project design, as necessary, to reduce or eliminate the significant or potentially significant effects of the project.

1. 3 PubIic Review Process
In accordance with CEQA, a good faith effort has been made during the preparation of this IS/ MND to contact affected agencies, organizations, and persons who may have an interest in this project.

In reviewing the IS/ MND, affected public agencies and the interested public should focus on the sufficiency of the document in identifying and analyzing the project' s possible impacts on the environment. The Draft IS/ MND and related documents are available for review on City' s website ( https.// https'// www. cilyofhighland. org/ 209/ Public- Notices). 15255
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SOUTHWEST CORNER OF STH STREET AND CENTRAL AVENUE PROJECT INITIAL STUDY/ MITIGATED

NEGATIVE DECLARATION
Comments on the IS/ MND may be made in writing before the end of the public review period. Following the close of the public comment period, the City will consider this IS/ MND and comments thereto in determining whether to approve the proposed project.

Written comments on the IS/ MND should be sent to the following address by August 14, 2023.

City of Highland
Planning Department
27215 Base Line
Highland, California 92346
Contact' Kim Stater
Email: kstater& ityofhighland. org

1. 4 Initial Study Checklist
Dudek, under the City' s guidance, prepared the project' s Environmental Checklist ( i. e., IS) per CEQA Guidelines Sections 15063- 15065, The CEQA Guidelines include a suggested checklist to indicate whether a project would have an adverse impact on the environment. The checklist is found in Section 3 of this document. Following the Environmental Checklist, Sections 3. 1 through 3.21 include an explanation and discussion of each significance determination make in the checklist for the project.

For this IS/ MND, the following four possible responses to each individual environmental issue area are included in the check€ist:

Potentially Significant Impact
Less -than -Significant Impact with Mitigation Incorporated Less -than -Significant Impact
No Impact
The checklist and accompanying explanation of checklist responses provide the information and analysis necessary to assess relative environmental impacts of the project. In doing so, the City will determine the extent of additional environmental review, if any, for the project.
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2 Project Description

2. 1 Project Location
The project site is located in the southwestern area of the City in western San Bernardino County. The City is bounded by the San Bernardino National Forest to the north and to the east, the City of Redlands to the south, and the City of San Bernardino to the west. The project site is located at the southwest corner of 5th Street and Central Avenue, north of 3rd Street, east of Victoria Avenue, south of 5th Street, and west of Central Avenue ( Figure 1, Project Location).

The project site consists of Assessor' s Parcel Numbers 1192-561-04, 1192.561-05, 1192- 561-06, 1192- 561.07, in addition to small portions of parcels 1192- 561-01, 1192- 561- 03 and 1192- 561- 10, under separate ownership Figure 2, Aerial Overview). Regional access to the project area is provided by Interstate ( 1) 10 to the south, 1- 215 to the west. and State Route (SR) 210 to the east. The site is bounded to the north by scattered low -density residential and commercial land uses, to the west by vacant land, to the east by business park uses, and to the south by the City boundary, with the City of San Bernardino and the San Bernardino Airport located beyond the City limits.

2. 2 Environmental Setting
City of Highland
The City of Highland is a mid -sized California city with approximately 55,000 residents and 18 square miles of territory. Within the City, the pattern of land use transitions from predominantly single and multi -family residential and industrial near the San Bernardino International Airport to predominately single- family residential, commercial, service and civic center uses to the north. The eastern areas of the City are mostly made up of planned development areas with various residential types, parks and open space.

Project Site
The approximately 2. 43-acre rectangular - shaped project site is located on the southwestern corner of 5th Street and Central Avenue. The project site consists of a partially developed and vacant parcel, a residence, and storage uses. The existing site contains a residential home, paved parking lot, trees, garage type covered structure and a garage type closed structure. The remainder of the site is vacant with landscaping, trees, and loose grass/ shrubbery. Vegetation and land covers on the project site consist of developed land with asphalt and disturbed habitat.

The project site is relatively flat with an elevation of approximately 1, 165 feet above mean sea level with a regional slope to the west. Soils on site consist of both fill soils and natural soils. Fill soils are present approximately 1 to 2 feet deep and classify as silty sand with occasional gravel to a slightly silty and grained sand with gravel and occasional small cobble. Natural soils on site classify as fine to medium grained silty sand with gravel and occasional cobble. The native soils as encountered were classified to be medium dense and dry to damp.

The City' s General Plan Land Use Map designates the project site as Business Park, and the project site is zoned as Business Park within the Airport Influence Zone ( Figure 3, General Plan Land Use, and Figure 4, Zoning). 15255
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Surrounding Land Uses
The project site is within a developed part of the City and is surrounded by a mix of urbanized land uses. Specific land uses in the immediate project area are depicted in Table 2- 1, Surrounding Land Uses.

Table 2- 1. Surrounding Land Uses
North 1 5th Street, undeveloped land,
and single- family residentials
I
East_ a Industrial uses
South 3rd Street, undeveloped land,
and the San Bernardino
International Airport
West Vacant parcel & City Creek
Bypass Channel
Low Density, PIanned Single Family Residential,
Development, and Business Planned Development, and
Park Business Park
Business Park Business Park _
Business Park Business Park
Business Park
Note: See Figure 3, General Plan Land Use, and Figure 4, Zoning.

Business Park
The project site is within the boundary of the proposed Airport Gateway Specific Plan. The Airport Gateway Specific Plan is a public -private partnership project proposed by the Inland Valley Development Agency, a Joint Powers Authority composed of members from the County of San Bernardino, the City of Loma Linda, the City of San Bernardino, and the City of Colton. The Airport Gateway Specific Plan area encompasses 670 acres, inclusive of parcels in the City of Highland and the City of San Bernardino, that would be designated for a mix of industrial uses. The Airport Gateway Specific plan would be bound by 6th Street to the north, 3rd Street and the San Bernardino International Airport to the south, SR-210 to the east, and Tippecanoe Avenue on the west. The proposed Airport Gateway Specific Plan would border the project site to the south, with industrial uses replacing the existing residential uses in the area ( Figure 5, Airport Gateway Specific Plan). This project is currently undergoing environmental review.

2. 3 Project Characteristics
The project would include the demolition of one existing structure and construction of an approximately 53,665 square -foot ( gross area, inclusive of mezzanine/ office spaces), one- story warehouse building on an approximately 2. 43- acre site ( gross area). The warehouse building would be composed of approximately 49, 665 square feet of warehouse space and 4,000 square feet of mezzanine/ office space ( Figure 6, Site Plan; Figure 7, Conceptual Elevations; and Figure 8, Conceptual Rendering). The warehouse building would have a maximum height of 42.5 feet when measured from grade. Given that the City' s Municipal Code allows for a maximum height of 35 feet in the Business Park zone, a minor variance ( Variance No. VAR 23- 001) is being requested to accommodate the project' s height. Internally, the project would have a clear height of 45 feet and would not contain any cold storage space.
perationaI Characteristics
The project would support a variety of activities associated with the industrial/ warehouse building, including the ingressing and egressing of passenger vehicles and trucks, the loading and unloading of trucks with designated 15255
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truci<courts/ loading areas, and the internal and external movement of materials around the project site via forklifts, pallet jacks, yard hostlers, and similar equipment. In addition, the office space would support general internal office activities related to the industrial/ warehouse uses.

On- and Off -Site Improvements
The project would also include improvements along the project' s street frontage, including landscaping, fencing, and street and sidewalk improvements. A variety of trees, shrubs, and groundcovers would be planted within the project frontage' s landscape setback area, within the landscape areas found around the warehouse building, and throughout the project site ( Figure 9, Landscaping Plan).

Site Access and Parking
Access to the project site would be provided by two driveways on the northern portion of the site on 5th Street.

The project would include a total of 66 passenger parking stalls and 5 high dock door parking stalls. A summary of passenger vehicle parking is provided in Table 2-2.

Table 2. 2. Summary of Passenger Parking Stalls
Passenger Parking Stall Type Number of Stalls
Standard 50
Van ADA
ADA
EV Van ADA
EV ADA
EV
Total Passenger Parking Stalls
Trailer Provided ( High Dock Doors)
Passenger Parking Stalls Required
Note: ADA - Americans Disability Act, EV = Electric Vehicle.

Utility Improvements
2 1

2. 10
66 65. 7
The project site is currently served by domestic water, sanitary sewer, electrical, natural gas, and telecommunication service. The project would connect to the existing facilities located on and in the immediate vicinity of the project site.

Domestic Water
Domestic water would be provided to the project site by the East Valley Water District (EVWD). The EVWD provides domestic water for the City and for portions of both the City and County of San Bernardino. Water service is provided for residential, commercial, industrial, governmental, and landscaping purposes ( City of Highland 2006). The project would connect to the existing 30-inch water line and to the proposed domestic water line, both within 5th Street. 15255
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Sanitary Sewer
The project site is currently served by the City' s sanitary sewer system, EVWD, which has joint powers with the City of San Bernardino to accept all sewage generated within the EVWD' s boundaries. The sewage from Highland is treated at the San Bernardino Water Reclamation Plant ( WRP), operated by the San Bernardino City Municipal Water District ( City of Highland 2006). An existing 24-inch sewer line would connect to the existing sewer line within 5th Street. Future Treatment will take place at the EVWD Sterling Natural Resources Plant, located at the intersection of Del Rosa Drive, between 5th and 6th Streets.

Natural Gas, Electrical Service, and Telecommunications Southern California Edison would provide electric service. The project would connect to existing electrical lines within 5th Street. Telecommunication services are provided by AT& T. The project would connect to these existing facilities within 5th Street
Storm Drainage
The project site is currently served by curbs and gutters that direct storm drainage to the two existing storm drain lines within 5th Street ( 18-inch and 48-inch diameter lines). Under the existing conditions, the western portion of the site is for a residential home and the eastern portion is vacant with scattered grass. The site slopes down by approximately 1. 4% from the northeast corner to the southwest corner tows rd 51h Street. Existing runoff Sheet flows onto 5th Street and discharges to the 5th Street storm drain system, and ultimately discharges to the City Creek Bypass Channel, Santa Ana River, and finally to the Prado Basin.

The project would involve the construction of a new engineered storm drain system to collect and treat on -site and off -site stormwater runoff. On -site stormwater will be collected via a series of roof drains, curbs, and gutters, and catch basins before being conveyed to an on -site underground infiltration basin located in the western portion of the site. Prior to entering the infiltration basins, stormwater would be pretreated via a continuous deflection separation system, which separates and traps debris, sediment, oil, and grease from stormwater runoff. The infiltration basins would be designed to allow for stormwater flows to infiltrate into the soils. The infiltration basin would be sized to capture and infiltrate flows for a 100-year design storm, consistent with the San Bernardino County Hydraulics Manual. During an extreme storm event greater than a 100-year storm, flows would be discharged through a proposed 4-inch drain pipe that connects to the existing curb outlet in 5th Street that would lead to the existing 5th Street storm drain system that would serve as an emergency spillway.'

2. 4 Project Construction and Phasing
The project applicant intends to commence construction on or around January 2024. It is anticipated that construction would take approximately 13 months, concluding in January 2025.2 Table 2-3 provides a tentative project construction schedule, as used in air quality and greenhouse gas (GHG) emissions impact analysis {refer to 1 As discussed in further detail in Section 3. 10, Hydrology and water Quality, flows that would be discharged under emergency conditions would be less than what would normally be discharged under the existing conditions. 2 The analysis assumes a construction start date of January 2024, which represents the earliest date construction would initiate.

Assuming the earliest start date for construction represents the worst -case scenario for criteria air pollutant and GHG emissions, because equipment and vehicle emission factors for later years would be slightly less due to more stringent standards for in -use off -road equipment and heavy- duty trucks, as well as fleet turnover replacing older equipment and vehicles in later years. 15255 b
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Section 3. 3 Air Quality, and Section 3. 8, Greenhouse Gas Emissions, of this IS/ MND; also see Appendix A- 2, Air Quality, Greenhouse Gas Emission, and Energy Modeling Inputs and Outputs).

Table 2- 3. Anticipated project Construction Schedule
4 weeks
Site Preparation 1 week February 2024 _ Febru
Grading ! 2 weeks February 2024 Febru
Bavigding Construction_
C 10 months } February 2024 Decem 2
weeks
l December 2024 Janua Architectural Coating ,
I2
weeks January 2025 Janua 2. 5
Project Approvals ryry
January
2024
j3anuary. 2024 ary 2024
ary 2024
ber 2024LL
2025 2025
The
actions
and/or approvals that the City needs to consider for the proposed project include, but are not limited to, the following. This list is preliminary, and may not be comprehensive: Lead Agency Approvals Conditional Use
Permit Design Review
variance Subsequent
non -
discretionary approvals ( which would require separate processing through the City) would include, but may not be limited to, ademolition permit, grading permit, tentative parcel' map, building permits, and occupancy permits. 15255 AUGUST
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3 Initial Study Checklist

1. Project title:

Southwest Corner of 5th Street and Central Avenue Warehouse Project

2. Lead agency name and address:

City of Highland, Planning Department
27215 Base Line
Highland, California 92346

3. Contact person and phone number:

Kim Stater, Assistant Community Development Director
27215 Base Line
Highland, California 92346
909. 864. 6861, ext. 258
909. 862. 3180 ( fax)
atafolla@cityofhighland. org

4. Project location:

The project site is a 2. 43-acre property at the southwest corner of 5th Street and Central Avenue in the City of Highland, California. The project site consists of Assessor' s Parcel Numbers 1192- 561-04, 1192-561-05, 1192-561-06, 1192-561-07, in addition to small portions of parcels 1192- 561-01, 1192- 561-03 and 1192- 561- 10, under separate ownership. The project site is located at the northwestern corner of 5th Street and Central Avenue, north of 3rd Street, east of Victoria Avenue, south of 5th Street, and west of Central Avenue.

5. Project sponsor' s name and address:

Patriot Development Partners
12126 West Sunset Boulevard
Los Angeles, California 90049

6. General plan designation:

Business Park

7. Zoning:

Business Park
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8. Description of project. ( Describe the whole action involved, including but not limited to later phases of the project, and anysecondary, support, or offsite features necessary for its implementation. Attach additional sheets if necessary):

The project would include the construction of an approximately 53,665-square-foot (gross area, inclusive of mezzanine/ office spaces), one-story warehouse building on an approximately 2.43-acre site (gross area).

The warehouse building would be composed of approximately 49,665-square-feet of warehouse space and 4, 000 square feet of mezzanine/ office space.

9. Surrounding Iand uses and setting: Briefly describe the project' s surroundings:

The project site is located within a developed part of the City and is surrounded by a mix of urbanized land uses. Specific land uses in the immediate project area include the following:

North: Commercial uses and single- family homes
East: Industrial uses
South: 3rd Street, undeveloped land, the San Bernardino International Airport, and the City of San Bernardino
R West: Vacant parcel and City Creek Bypass Flood Control Channel 10, Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement):

No outside public agency approvals are required.

11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3. 1.? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
Please refer to Section 3. 5, Cultural Resources, and 3. 18, Tribal Cultural Resources, of this IS/ MND. 15255
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Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involvingat feast one impact that is a " Potentially Significant Impact," as indicated by the checklist on the following pages.

Aesthetics Agriculture and Air Quality
Forestry Resources
Biological Resources Cultural Resources Energy
Geology and Soils Greenhouse Gas Hazards and Hazardous
Emissions Materials
Hydrology and Water Quality Land Use and Mineral Resources Planning
Noise Population and Public Services
Housing
Recreation Transportation Tribal Cultural Resources
UtiIities and Service Systems Wildfire Mandatory Findings of Significance
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Detetmtnatjon ( To be completed by the Lead Agency)
On the basis of this initial evaluation.
j I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there wiii not be a significant effect in this case because revisions In the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. f [ find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a " potentially significant Impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect (a) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and ( 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects ( a) have been analyzed adequately in an earlier ENVIRONMENTAL. IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards, and ( b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are Imposed upon the proposed project, nothing further is required. signature
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Evaluation of Environmental Impacts

1. A brief explanation is required for all answers except " No Impact" answers that are adequately supported by the information sources a lead agencycites in the parentheses following each question. A " No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved ( e.g., the project falls outside a fault rupture zone). A " No Impact" answer should be explained where it is based on project -specific factors as well as general standards ( e.g., the project would not expose sensitive receptors to pollutants, based on a project -specific screening analysis).

2. All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts.

3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, Iess than significant with mitigation, or less than significant. " Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. if there are one or more " Potentially Significant Impact" entries when the determination is made, an Environmental Impact Report ( EIR) is required.

4. " Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from " Potentially Significant Impact" to a " Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level.

5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063( c)( 3)( D). In this case, a brief discussion should identify the following:
a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation Measures. For effects that are " Less Than Significant With Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project.

6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts ( e. g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.

7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.

8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project' s environmental effects in whatever format is selected.

9. The explanation of each issue should identify:
a. the significance criteria or threshold, if any, used to evaluate each question; and b. the mitigation measure identified, if any, to reduce the impact to less than significance 15255
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3. 1 Aesthetics

1. AESTHETICS - Except as provided in Public Resources Code Section 21099, would the project:
a) Have a substantial adverse effect on a
scenic vista?
b) Substantially damage scenic resources,
including, but not limited to, trees, rods
outcroppings, and historic buildings within a
state scenic highway?
c) In non -urbanized areas, substantially i degrade the existing visual character or quality of public views of the site and its I
surroundings? ( Public views are those that
are experienced from publicly accessible
vantage point). If the project is in an
urbanized area, would the project conflict
with applicable zoning and other regulations
governing scenicquality>
d) Create a new source of substantial light or
glare which would adversely affect day or ®
nighttime views in the area?
a) would the project have a substantial adverse effect on a scenic vista? No Impact. Scenic vistas and other important visual resources are typically associated with natural landforms such as mountains, foothills, ridgelines, and coastlines. The project site is located within in an area with generally flat terrain near the San Bernardino International Airport. Major scenic vistas that are visible from the project site are the San Bernardino and San Gabriel Mountain ranges. They are located approximately 4 miles northeast and 17 miles northwest of the project site, respectively. The City of Highland' s General Plan aims to preserve the views of the San Bernardino Mountains and stretches of open space along City Creek and the Santa Ana River (City of Highland 2006). The project site is 1. 5 miles away from the nearest stretches of open space along City Creek and the Santa Ana River. Based on these distances, as well asthe presence of existing intervening natural topographical variations and human - made urban features, the project site is not Iocated within the direct viewshed of these scenic vistas. Overall, the project site is located well outside the viewshed of any scenic vistas or other important visual resources.

Therefore, no impacts associated with scenic vistas would occur. 15255
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b) Would the project substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. Scenic highways and routes are a unique component of the circulation system, astheytraverse areas of unusual scenic or aesthetic value. The closest officially designated State Scenic Highway is California SR 38, located approximately 3.2 miles east of the project site ( Caltrans 2018). Based on this distance and intervening natural topography and human -made development, the project site is not located within the viewshed of this officially designated state scenic highway. Therefore, no impacts associated with state scenic highways would occur.
c) in non -urbanized areas, would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? ( Public views are those that are experienced from publicly accessible vantage point), ifthe project is in an urbanized area, would the project contlict with applicable zoning and other regulations governing scenic quality?
Less -than -Significant Impact. Visual character describes the aesthetic setting of a project area. The project is located within an urbanized area of the City and is surrounded bysimilar light industrial/ business park land uses. Section 20171 of the California Public Resources Code defines an " urbanized area" as " an incorporated city that meets either of the following criteria: ( 1) Has a population of at least 100,000 persons, or ( 2) Has a population of less than 100, 000 persons if the population of that city and not more than two contiguous incorporated cities combined equals at least 100, 000 persons." As of January 1, 2022, the California Department of Finance estimated the population of Highland to be 56,546 persons ( DOF 2022a). However, because the City of Highland is bordered by the City of San Bernardino, which has a population that exceeds 100,000 persons, regarding the determination of significance under this threshold, the project would be considered to result in a significant adverse impact if the project design would conflict with applicable zoning and other regulations governing scenic quality. The proposed project would be consistent with the designated business park zoning per the City's zoning Map.

To ensure that both current and future development within the City is designed and constructed to conform to existing visual character and quality of the surrounding built environment, the City' s Municipal Code includes design standards related to building size, height, and setbacks, as well as landscaping, signage, and other visua I considerations. The project is consistent with all applicable regulations outlined in the City' s Municipal Code related to scenic quality with the exception of Section 16.24.040, which states that building heights are not to exceed 35 feet within the Business Park zone. The proposed warehouse building would have a maximum height of 45 feet. Given that the City' s Municipal Code allows for a maximum height of 35 feet in the Business Park Zone, a minor variance ( Variance No. VAR 23-001) is being requested to accommodate the project' s height. This request for additional height is consistent with other industrial uses in the vicinity. With approval of the minor variance, the project would not conflict with the City' s Municipal Code.

The project is required to apply for a Major Design Review by the City's planning commission. This Design Review is intended to ensure that the proposed project would not interfere with existing or future development within the City, and to ensure the project is consistent with the applicable elements of the general plan. Views of utilitarian project components, such as loading areas and mechanical equipment, would be screened from public view to the maximum extent practicable through the project' s site plan 15255
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design. Parkway and setback landscape areas along the public right-of-way ( ROW) would soften views of the project site and enhance the visual quality of the project.

These project components, as well as the City' s review of the project' s design, would ensure that the project would not degrade the existing visual character and quality of the area. Therefore, impacts would be less than significant.
d) Would the project create a new source of substantial fight or glare which would adversely affect day or nighttime views in the area?
Short -Term Construction impacts
No I mpact. In accordance with the City' s Municipal Code, and the project' s proximity to sensitive receptors would limit construction from 7: 00 a. m, to 10:00 p. m. ( see Section 3. 13, Noise, for more details). As such, project construction would be limited to daytime hours and nighttime lighting would not be required until the project is operational. Therefore, no short-term construction impacts associated with light and glare would occur.

Long -Term Operational Impacts
Less -than -Significant impact. Consistent with Section 16.40.160 of the City' s Development Code, all lighting used on the project site is required to be directed and/ or shielded to prevent the light from adversely affecting adjacent parcels, and no structures or features that create adverse glare effects are permitted. Thus, all exterior lighting would be shielded/ hooded to prevent light trespass onto nearby properties. A Photometrics Plan, prepared by a certified engineer, must be approved by the Planning Commission in conjunction with the Conditional Use Permit. Additionally, the project would use a variety of non -reflective materials, and although some new reflective improvements ( i. e., windows and building front treatments) would be introduced onto the project site, the project as a whole would not be considered a source of glare in the project area. Therefore, long-term impacts associated with light and glare would be less than significant.
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3. 2 Agriculture and Forestry Resources

11. AGRICULTURE AND FORESTRY aVSOURCES - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model ( 1997) prepared by the California Dept. Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state' s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, i
or Farmland of Statewide Importance
Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non- agricultural use?
b) Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land ( as defined in Public
Resources Code Section 12220(g)),
timberland ( as defined by Public Resources [] ©
Code Section 4526), or timberland zoned
Timberland Production ( as defined by
Government Code Section 51104(g))?
d) Result in the loss of forest land or {
conversion of forest land to non -forest use? J
e) involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of {
Farmland, to non-agricultural use or
conversion of forest land to non -forest use?
a} Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. The project site is located in a developed portion of the City. According to the California Department of Conservation' s California Important Farmland Finder, the project site and surrounding area are identified as Other Land ( DOC 2018). " Other Land" is the designation of vacant and nonagricultural land surrounded on all sides by urban development and greater than 40 acres ( DOC 2018). The project site is not located on or adjacent to any parcels identified as Prime Farmland, Unique Farmland, or 15255
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Farmland of State Importance ( collectively called Important Farmland). Because no important Farmland is located on the project site and the surrounding area, development of the project would not convert or otherwise impact any Important Farmland. Therefore, no impacts associated with conversion of Important Farmland would occur.
b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. Refer to Section 3. 2( a).
c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland ( as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production ( as defined by Government Lode Section 51104( g))? No Impact. Refer to Section 3.2(a). The project site is zoned as Business Park and is within a developed area. There are no areas zoned for forest land within the vicinity of the project site. Therefore, no impacts associated with forest Iand would occur.
d) Would the project result in the loss offorest land or conversion of forest land to non -forest use? No Impact. Refer to Section 3.2( c). The proposed project would not involve the conversion of forest Iand to non -forest use. Therefore, no impact with forest land would occur. e) Would the project involve other changes in the existing environment which, due to their location or mature, could result in conversion ofFarmland, to nonagricultural use or conversion offorest land to non -forest use? No Impact. Refer to Section 3. 2( a). The project site is zoned as Business Park and is located within a developed area. Further, no off -site improvement associated with the project would result in changes to other properties designated as Farmland or forest land. There are no areas zoned for agricultural use or identified as forest land within the vicinity of the project site. Therefore, no impacts associated with forest land would occur.

3. 3 Air Quality
ii. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project,
a) Conflict with or obstruct implementation of El
the applicable air quality plan? I
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b) Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non -attainment under 1
an applicable federal or state ambient air
quality standard?
c) Expose sensitive receptors to substantial ® _
pollutant concentrations?
d) Result in other emissions ( such as those
leading to odors) adversely affecting a ®
substantial number of people? _.
a) Would the project conflict with or obstruct implementation of the applicable air quality plan? Less -than -Significant Impact. The project site is located within the South Coast Air Basin ( SCAB), which includes the non -desert portions of Los Angeles, Riverside, San Bernardino Counties, and all of Orange County, and is within the jurisdictional boundaries of the South Coast Air Quality Management District ( SCAQMD).

SCAQMD administers SCAB' s Air Quality Management Plan ( AQMP), which is a comprehensive document outlining an air pollution control program for attainingthe California Ambient Air Quality Standards ( CAAQS) and National Ambient Air Quality Standards ( NAAQS). The 2022 AQMP (SCAQMD 2022) was adopted by the SCAQMD Governing Board in December 2022. The SCAQMD 2022 AQMP was developed to address the attainment of the 2015 national 8-hour ozone ambient air quality standard ( 70 parts per billion) for the SCAB and Coachella VaIIey. The 2022 AQMP provides actions, strategies, and steps needed to reduce air pollutant emissions and meet the ozone standard by 2037 ( SCAQMD 2022).

The purpose of a consistency finding with regard to the AQMP is to determine if a project is consistent with the assumptions and objectives of the 2022 AQMP and if it would interfere with the region' s ability to comply with federal and state air quality standards. SCAQMD has established criteria for determining consistency with the currently applicable AQMP in Chapter 12, Sections 12.2 and 12.3, of the SCAQMD CEQA Air Quality Handbook. These criteria areas follows ( SCAQMD 1993):

Consistency Criterion No. 1: Whether the project would result in an increase in the frequency or severity of existing air quality violations, cause or contribute to new violations, or delay timely attainment of the ambient air quality standards or interim emission reductions in the AQMP.

Consistency Criterion No. 2: Whether the project would exceed the assumptions in the AQMP or increments based on the year of project buildout and phase.

To address the first criterion, project -generated criteria air pollutant emissions have been estimated and analyzed for significance and are addressed under Section 3. 3( b). Detailed results of this analysis are included in Appendix A- 1. As presented in Section 3.3(b), the project would not generate construction or 15255
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operational criteria air pollutant emissions that exceed the SCAQMD' s thresholds, and the project would therefore be consistent with Criterion No. 1.

The second criterion regarding the potential of the project to exceed the assumptions in the AQMP or increments based on the year of project buildout and phase is primarily assessed by determining consistency between the project' s land use designations and its potential to generate population growth.

In general, projects are considered consistent with, and not in conflict with or obstructing implementation of, the AQMP if the growth in socioeconomic factors is consistent with the underlying regional plans used to develop the AQMP (SCAQMD 1993). SCAQMD primarily uses demographic growth forecasts for various socioeconomic categories ( e.g., population, housing, and employment by industry) developed by Southern California Association of Governments ( SCAG) for its 2020- 2045 Regional Transportation Plan/ Sustainable Communities Strategy ( RTP/ SCS) ( SCAG 2020). SCAQMD uses this document, which is based on general plans for cities and counties in the SCAB, to develop the AQMP emissions inventory SCAQMD 2022). The SCAG RTP/ SCS and associated Regional Growth Forecast are generally consistent with the local plans. therefore, the 2022 AQMP is generally consistent with local government plans.

The City' s zoning Map designates the project site as Business Park ( BP). According to Section 16.24. 020 A), the primary purpose of the BP District is to provide appropriate regulations and suitable locations for light industrial, research and development, and office -based firms seeking pleasant and attractive working environments, and for business support services and commercial uses requiring large parcels. The Municipal Code identifies Warehousing and Wholesaling as permitted, subject to a conditional use permit application. Therefore, the project would be consistent with the existing zoning of the project site and does not propose a change in land use designation. As such, since the proposed project is not anticipated to result in residential population growth or generate an increase in employment that would conflict with existing employment - population projections, it would not conflict with or exceed the assumptions in the 2022 AQMP. Accordingly, the project is consistent with the SCAG RTP/ SCS forecasts used in development of the SCAQMD AQMP.

In summary, based on the considerations presented for the two criteria, impacts relating to the project' s potential to conflict with or obstruct implementation ofthe applicable AQMP would be less than significant. bj Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard? Less -than -Significant Impact. Air pollution is largely a cumulative impact. The nonattainment status of regional pollutants is a result of past and present development, and the SCAQMD develops and implements plans for future attainment of ambient air quality standards. Based on these considerations, project -level thresholds of significance for criteria pollutants are used to determine whether a project' s individual emissions would have a cumulatively considerable contribution to air quality. if a project' s emissions would exceed the SCAQMD significance thresholds, it would be considered to have a cumulatively considerable contribution. Conversely, projects that do not exceed the project -specific thresholds are generally not considered to be cumulatively significant ( SCAQMD 2003a).

A quantitative analysis was conducted to determine whether the project might result in emissions of criteria air pollutants that may cause exceedances of the NAAQS or CAAQS or cumulatively contribute to existing nonattainment of ambient air quality standards. Criteria air pollutants include ozone (03), nitrogen dioxide 15255
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NO2), carbon monoxide (CO), sulfur dioxide, particulate matter with an aerodynamic diameter less than or equal to 10 microns ( PMio), particulate matter with an aerodynamic diameter less than or equal to

2. 5 microns ( PM2- s), and lead. Pollutants that are evaluated herein include volatile organic compounds VOCs) and oxides of nitrogen ( NOx), which are important because they are precursors to 03, as well as CO, sulfur oxides ( SOx), PM1o, and PM25.

Regarding NAAQ5 and CAAQS attainment status, 3 the SCAB is designated as a nonattainment area for federal and state 03 and PM2.5standards (CARE 2022; EPA 2023a). The SCAB is also designated as a nonattainment area for state PM, o standards; however, it is designated as an attainment area for federal PM, ostandards. The SCAB is designated as an attainment area for federal and state CO and NO2standards, as well as for state sulfur dioxide standards. Although the SCAB has been designated as nonattainment for the federal roiling 3- month average lead standard, it is designated attainment for the state lead standard. 4 The project would result in emissions of criteria air pollutants for which the California Air Resources Board CARE) and U. S- Environmental Protection Agency ( EPA) have adopted ambient air quality standards i. e., the NAAQS and CAAQS). Projects that emit these pollutants have the potential to cause, or contribute to, violations of these standards. The SCAQMD CEQA Air Quality Significance Thresholds, as revised in March 2023, set forth quantitative emission significance thresholds for criteria air pollutants, which, if exceeded, would indicate the potential for a project to contribute to violations of the NAAQS or CAAQS.

Table 3.3-1 lists the revised SCAQMD Air Quality Significance Thresholds (SCAQMD 2023a).

Table 3.3- 1. South Coast Air Quality Management District Air Quality Significance Thresholds
Criteria Pollutants Mass Daily Thresholds
Pollutmit Construction ( Pounas per
VOCs _
NO,
CO
PM2, 5
Lead,,
TACs and Odor Thresholds
TACS°
Odor
Source: SCAQMD 2023a75
100
550
150
150
55 3
55 55
550
150
5 _ W,...
3 Maximum incremental cancer risk >_10 in 1 million
Cancer Burden > 0.5 excess cancer cases ( in areas >_1 in 1 million) Chronic and acute hazard index 21.0 (project increment) Project creates an odor nuisance pursuant to SCAQMD Rule 402 3 An area is designated as in attainment when it is in compliance with the NAAQS and/ or the CAAQS. These standards for the maximum level of a given air pollutant that can exist in the outdoor air without unacceptable effects on human health or the public welfare are set by the EPA and CARE, respectively. Attainment = meets the standards; attainment/ maintenance = achieves the standards after a nonattainment designation; nonattainment = does not meet the standards.

Re -designation of the lead NAAQS designation to attainment for the Los Angeles County portion of the SCAB is expected based on current monitoring data. The phase -out of leaded gasoline started in 1976. Since gasoline no longer contains lead, the project is not anticipated to result in impacts related to lead; therefore, it is not discussed in tWs analysis. 15255
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Notes: VOC = volatile organic compounds; 1u0x = oxides of nitrogen; CO - carbon monoxide; SO, = sulfur oxides; PM10 = coarse particulate matter; PM2. 5 = fine particulate matter; TAC = toxic air contaminant; SCAQMD = South Coast Air Quality Management District.

GHG emissions thresholds for industrial projects, as added in the March 2015 revision to the SCAQMDAir Quali[ ySignificanoe Thresholds, were not include included in this table as they are addressed within the GHG emissions analysis and not the air quality analysis. a The phase out of leaded gasoline started in 1976. Since gasoline no longer contains lead, the project is not anticipated to result in impacts related to lead; therefore, it is not discussed in this analysis. b TACs include carcinogens and noncarcinogens.

The project would result in a cumulatively considerable net increase for Os, which is a nonattainment pollutant, if the project' s construction or operational emissions would exceed the SCAQMD VOC or NO, thresholds shown in Table 3.3-1. These emission -based thresholds for Os precursors are intended to serve as a surrogate for an 03 significance threshold ( i. e., the potential for adverse 03 impacts to occur) because 03 itself is not emitted directly, and the effects of an individual project's emissions of 03 precursors i. e., VOCs and NO,) on 03 levels in ambient air cannot be determined through air quality models or other quantitative methods.

The California Emissions Estimator Model ( CalEEMod) Version 2022. 1. 1. 13 was used to estimate emissions from construction and operation of the project. 5 The following discussion quantitatively evaluates project -generated construction and operational emissions and Impacts that would result from implementation of the project.

Construction Emissions
Construction of the project would result in the temporary addition of pollutants to the local airshed caused by on -site sources ( e.g., oft -road construction equipment, soil disturbance, and VOC off -gassing from architectural coatings and asphalt pavement application) and off -site sources ( e. g., vendor trucks, haul trucks, and worker vehicle trips). Specifically, entrained dust results from the exposure of earth surfaces to wind from the direct disturbance and movement of soil, resulting in PM, o and PM2.5 emissions. Internal combustion engines used by construction equipment, haul trucks, vendor trucks ( i. e., delivery trucks), and worker vehicles would result in emissions of VOC, NO,, CO, PMzo, and PM2. 5. Construction emissions can vary substantially from day to day depending on the level of activity, the specific type of operation, and, for dust, the prevailing weather conditions.

Emissions from the construction phase of the project were estimated using CaIIEMOd default values. For the purpose of conservatively estimating project emissions, construction was modeled beginning in January 2024 and concluding in January 20256 and lasting approximately 13 months. The analysis contained herein is based on the following schedule assumptions (duration of phases is approximate):

Demolition; 4 weeks ( January 2024)
Site preparation: 1 week ( February 2024)
Grading: 2 weeks (February 2024)
Building construction: 10 months (February 2024- December 2024) 5 CaIEEMod is a statewide computer model developed in cooperation with air districts throughout the state to quantify criteria air pollutant emissions associated with construction and operational activities from a variety of land use projects, including warehouses. 6 The analysis assumes a construction start date of January 2024, which represents the earliest date construction would initiate.

SOUTHWEST CORNER OF STH STREET AND CENTRAL AVENUE PROJECT INITIAL STUDY/ MITIGATED

NEGATIVE DECLARATION
Paving. 2 weeks ( December 2024- January 2025)
Application of architectural castings: 2 weeks ( January 2025) Construction modeling assumptions for equipment and vehicles are provided in Table 3. 3- 2. Equipment mix and horsepower were based on CaIEEMod default values, including equipment load factor. For the analysis, it was generally assumed that heavy-duty construction equipment would be operating at the site 5 days per week.

Table 3. 3- 2. Construction Scenario Assumptions
Demolition 14
Site 6
Preparation
Grading 10
4 2 Concrete/ IndustrialSaws 1
Excavators 3
Rubber Tired Dozers 2
0 Rubber Tired Dozers 3
TraCtors/ LoaCie rs/Backhoes 4 12
Graders 1 Rubber
Tired _Dozers 1 aF
actors/ Loaders/ Backhoes 2 8
8 8
4 8
8 4
8 8
8 Building
Construction
Paving
24 14
10 0
0 Cranes 1 7 6
1 Generator Forklifts
Sets Tractors/
Loaders/ Backhoes 1
8 1
6 Welders
3 8 0
Cement and Mortar Mixers_ 1 8 Pavers
1 8 Paving
Equipment1
8 Rollers
1 7 Tractors/
Loaders/ Backhoes 1 8 Air
Coating Compressors1 6 Architectural
6 0 0 Emissions
generated during construction ( and operation) of the project are subject tothe rules and regulations of the SCAQMD. Rule 403, Fugitive Dust, requires the implementation of measures to control the emission of visible fugitive/ nuisance dust, such as wetting soils that would be disturbed. It was assumed that the active sites would be watered at least two times daily in compliance with requirements of SCAQMD standard dust control measures in Rule 403. The application of architectural coatings, such as exterior/ interior paint and other finishes, and the application of asphalt pavement would also produce VOC IS255 AUGUST
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emissions; however, the contractor is required to procure architectural coatings that comply with the requirements of SCAQMD' s Rule 1113, Architectural Coatings.? Table 3.3-3 shows the estimated maximum daily construction emissions associated with the construction phase of the project.

Table 3. 3- 3. Estimated Maximum Daily Construction Criteria Air Pollutant Emissions 2024 2. 16 17. 1 _ 18. 7 0. 03 3.89 I 2. 13
2025 0. 05 4.69 — 7. 23 0. 01 0. 37 ( 0.22
SCAQMD Threshold 4
75 100 550 150 1_ 150 55
Threshold Exceeded? l
No No No No No No
Source: Appendix A• 1.

Notes: VOC = volatile organic compound; N% = oxides of nitrogen; CO = carbon monoxide; 80. = sulfur oxides; PMio = coarse particulate matter; PM;,,,, = fine particulate matter, SCAQMD = South Coast Air Quality Management District.

The values shown are the maximum summer or winter daily emissions results from CaIEEMod.

These estimates reflect control of fugitive dust required by SCAQMD Rule 403.

As shown in Table 3.3-3, daily construction emissions would not exceed the SCAQMD significance thresholds for VOC, NO,, CO, SO., PM, O, or PM2. 5 during project construction, and short- term construction impacts would be less than significant.

Operationa[ Emissions
Emissions from the operational phase of the project were estimated using CaIEEMod 2022. 1. 1. 13.

Operational year 2025 was assumed following completion of construction.

Area Sources
CaIEEMod was used to estimate operational emissions from area sources, including emissions from consumer product use, architectural coatings, and landscape maintenance equipment. Emissions associated with natural gas usage in space heating and water heating are calculated in the building energy use module of CaIEEMod, as described in the followingtext.

Consumer products are chemically formulated products used by household and institutional consumers, including detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialty products. Other paint products, furniture coatings, or architectural coatings are not considered consumer products (CAPCOA 2021). Consumer product VOC emissions were estimated in CaIEEMod based on the floor area of buildings and default factor of pounds of VOC per building square foot per day. The CaIEEMod default values for consumer products were assumed.

SCAQMD Ruie 1113, Architectural Coatings, requires manufacturers, distributors, and end users of architectural and industrial maintenance coatings to reduce VOC emissions from the use of these coatings, primarily by placing limits on the VOC content of various coating categories.
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NEGATIVE DECLARATION
VOC off -gassing emissions result from evaporation of solvents contained in surface coatings, such as in paints and primers used during building maintenance. CaIEEMod calculates the VOC evaporative emissions from the application of surface coatings based on the VOC emission factor, the building square footage, the assumed fraction of surface area, and the reapplication rate. The VOC emissions factor is based on the VOC content of the surface coatings, and SCAQMD' s Rule 1113, Architectural Coatings, governs the VOC content for interior and exterior coatings. This rule requires manufacturers, distributors, and end users of architectural and industrial maintenance coatings to reduce VOC emissions from the use of these coatings, primarily by placing limits on the VOC content of various coating categories ( SCAQMD 2022), CaIEEMod default values were assumed, including the surface area to be painted, the VOC content of architectural coatings, and the reapplication rate of 10% of area per year.

Landscape maintenance includes fuel combustion emissions from equipment such as lawn mowers, rototiIlers, shredders/ grinders, blowers, trimmers, chainsaws, and hedge trimmers. The emissions associated with landscape equipment use were estimated based on CalEEMod default values for emission factors ( grams per square foot of building space per day) and number of summer days ( when landscape maintenance would generally be performed) and winter days.

Mobile Sources
Following the completion of construction activities, the project would generate criteria pollutant emissions from mobile sources ( vehicular traffic) as a result of employees and visitors of the project. Based on the trip generation for the project (as shown in Section 3.17), there would be 92 total vehicle trips per day, 25 of which are trucks and 67 are passenger cars. The truck breakdown by axle was also taken from the SCAQMD Warehouse Truck Trip Study Data Results and Usage, July 2014. CaIEEMod was used to estimate emissions from proposed vehicular sources ( refer to Appendix A- 1). CaIEEMod default data, trip characteristics, variable start information, and emissions factors, were used for the model inputs. Project - related traffic was assumed to include a mixture of vehicles in accordance with the associated use ( as discussed below), as modeled within CaIEEMod, which is based on the California Air Resources Board CARB) EMFAC2021 model. Emission factors representing the vehicle mix and emissions for 2025 were used to estimate emissions associated with vehicular sources. Two land uses in CaIEEMod were used to model emissions from mobile sources. The " unrefrigerated warehouse -no rail" land use was used to model passenger vehicles and the " unrefrigerated warehouse- rail" was used to model larger trucks. The trip rates as stated above) were apportioned to each land use accordingly. The fleet mix for trucks was determined based off the SCAQMD Warehouse study and included the following vehicle categories'. 2-axle trucks (50% LHD1 and 50% LHD2), 3-axle trucks (MHD), and 4-axle trucks (HHD). The fleet mix for passenger vehicles was assumed consistent with the EMFAC fleet mix for the air basin for the following vehicle categories: LDA, LDT1, and LDT2. Vehicle trip lengths were assumed to be 40 miles for truck trips ( in accordance with SCAQMD guidance) and the CaIEEMod defaults for passenger car trips.

Off -Road Equipment ( Forklifts)
The exact operational off -road equipment is unknown at this time; however, in a good faith effort to include anticipated forklifts, forklifts were estimated based on the warehouse square footage and the SCAQMD study, as described below.

The SCAQMD published a summary of operational survey results from 34 operating high -cube warehouses SCAQMD 2014). The SCAQMD survey reported an average of 0. 12 forklifts/ pallet jacks per 1, 000 square 15255
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feet of building area, which was applied to the project. Note that this estimate is for total forklifts and pallet jacks. Pallet jacks are small as they are primarily used to lift sma#i loads in tight quarters ( and are electric or manual); therefore, assuming all pieces of equipment are forklifts is conservative. for the project, total of 7 forklifts the forklifts were modeled as diesel All 7 forklifts were assumed to operate 24 hours per day and 7 days per week at the project site- CalEEMod was used to estimate emissions from diesel powered forklifts, see Appendix A- 1.

Table 3.3-4 presents the maximum daily emissions associated with operation of the project in 2025 at buildout. The values shown are the maximum summer and winter daily emissions results from CalEEMod.

Complete details of the emissions calculations are provided in Appendix A- 1.

Table 3. 3-4. Estimated Maximum daily Operation Criteria Air Pollutant Emissions Proposed Project
Mobile 0. 51 3. 35 4.77 0.03 ! 0. 81 0. 21
Area 1. 29 0.00 0. 00 0.00 I 0. 00 0.00
Energy 0.09 _ . 0. 82 0.69 0 01 0. 06 0.06
Off -road ( Forklifts) 1. 95 1 15. 5 21. 9 0.03 0. 82 0. 75 Total 2.54 19. 7 26. 30 0..07 1. 69 1,.€} 2
SCAQMD Threshold 55 55 550 , 150 150 55
Threshold i No No No No No E_xceeded,'
Notes: vOC = volatile organic compound: NOx - oxides of nitrogen; CO - carbon monoxide; Sox - sulfur oxides; PM, o coarse particulate matter; PM2.5 = fine particulate matter; SCAQMD -- South Coast Air Quality management District; < 0.01 = reported value less than 0.01.

See Appendix A- 1 for complete results.

As shown in Table 3.3-4, maximum daily operational emissions of VOC, NOx, CO, SO., PMlo, and PM2.s generated by the project would not exceed the SCAQMD' s significance thresholds, and long-term operational impacts would be less than significant.

As previously discussed, the SCAB has been designated as a federal nonattainment area for 03 and PM25 and a state nonattainment area for Oa, PMlo, and PM2.5. However, as indicated in Tables 3. 3-3 and 3. 3-4, project -generated construction and operational emissions would not exceed the SCAQMD emission -based significance thresholds for VOCs, NOx, PMio, or PM2.5.

Cumulative localized impacts would potentially occur if a project were to occur concurrently with another off -site project. Schedules for potential future projects near the project area are currently unknown; therefore, potential impacts associated with two or more simultaneous projects would be considered speculative.$ However, future projects would be subject to CEQA and would require air quality analysis and, where necessary, mitigation. Criteria air pollutant emissions associated with construction activity of future projects would be reduced through implementation of control measures required by the SCAQMD.

Cumulative PMio and PM2, 5 emissions would be reduced because all future projects would be subject to a The CEQA Guidelines state that if a particular impact is too speculative for evaluation, the agency should note its conclusion and terminate discussion of the impact t14 CCR 15145).
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SCAQMD Rule 403 (Fugitive Dust), which sets forth general and specific requirements for all sites in the SCAQMD. Additionally, cumulative VOC emissions would be reduced because aII future projects would be subject VOC content of the surface coatings, SCAQMD' s Rule 1113, Architectural Coatings, governs the VOC content for interior and exterior coatings.

Therefore, the project would not result in a cumulatively considerable increase in emissions of nonattainment pollutants, and impacts would be less than significant during construction and operation.

Health lffeats of Criteria Air Pollutants
Construction and operation of the project would generate criteria air pollutant emissions; however, estimated construction and operational emissions would not exceed the SCAQMD mass -emission daily thresholds as shown in Tables 3.3- 3 and 3.3-4, respectively. As previously discussed, the SCAB has been designated as a federal nonattainment area for 03 and PM2, 5and a state nonattainment area for 03, PM1o, and PM2. 5.

Health effects associated with 03 include respiratory symptoms, worsening of lung disease leading to premature death, and damage to Iung tissue ( GARB 2021). VOCs and NOx are precursors to 03, for which the SCAB is designated as nonattainment with respect to the NAAQS and CAAQS. The contribution of VOCs and NO. to regional ambient 03 concentrations is the result of complex photochemistry. The increases in 03 concentrations in the SCAB due to O3 precursor emissions tend to be found downwind from the source location to allow time for the photochemical reactions to occur. However, the potential for exacerbating excessive 03 concentrations would also depend on the time of year that the VOC emissions would occur because exceedances of the Os ambient air quality standards tend to occur between April and October when solar radiation is highest. The holistic effect of a single project' s emissions of Os precursors is speculative because of the lack of quantitative methods to assess this impact. Because construction and operation of the project would not result in 03 precursor emissions ( i. e., VOCs or NOx) that would exceed the SCAQMD thresholds, as shown in Tables 3. 3-3 and 3. 3-4, the project is not anticipated to substantially contribute to regional 03 concentrations and their associated health impacts.

Health effects associated with NO. include lung irritation and enhanced allergic responses ( CARB 2021).

Construction and operation of the project would not generate NOx emissions that would exceed the SCAQMD mass daily thresholds; therefore, construction and operation of the project is not anticipated to contribute to exceedances of the NAAQS and CAAQS for NO2 or contribute to associated health effects. In addition, the SCAB is designated as in attainment of the NAAQS and CAAQS for NO2, and the existing NO2 concentrations in the area are well below the NAAQS and CAAQS standards.

Health effects associated with CO include chest pain in patients with heart disease, headache, lightheadedness, and reduced mental alertness ( CARB 2021). CO tends to be a localized impact associated with congested intersections. CO hotspots were discussed previously as a less -than -significant impact.

Thus, the project' s CO emissions would not contribute to the health effects associated with this pollutant.

Health effects associated with PM2o and PM2.5 include premature death and hospitalization, primarily for worsening of respiratory disease ( CARB 2021). As with 03 and NOx, and as shown in Tables 3. 3-3 and 3. 3-4. the project would not generate emissions of PMxo or PM2. 5 that would exceed the SCAQMD' s thresholds.

Accordingly, the project' s PMio and PM2.5 emissions are not expected to cause an increase in related health effects for this pollutant.
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NEGATIVE DECLARATION
c) Would the project expose sensitive receptors to substantial pollutant concentrations? Less -than -Significant Impact with Mitigation Incorporated. The project would not expose sensitive receptors to substantial pollutant concentrations, as evaluated below.

Sensitive Receptors
Sensitive receptors are those individuals more susceptible to the effects of air pollution than the population at large. People most likely to be affected by air pollution include children, the elderly, and people with cardiovascular and chronic respiratory diseases. According to the SCAQMD, sensitive receptors include sites such as residences, schools, playgrounds, childcare centers, long-term healthcare facilities, rehabilitation centers, convalescent centers, and retirement homes ( SCAQMD 1993). The nearest sensitive receptors are a childcare center immediately east of the project site and a residence immediately south east of the project site.

Localized Significance Thresholds
The SCAQMD recommends a localized significance threshold ( LST) analysis to evaluate localized air quality impacts to sensitive receptors in the immediate vicinity of the project as a result of project activities. The impacts were analyzed using methods consistent with those in the SCAQMD' s Final Localized Significance Threshold Methodology ( SCAQMD 2009). The project is located within Source -Receptor Area 34 (Central San Bernardino Valley). This analysis applies the SCAQMD LST values for a 2-acre site within Source - Receptor Area 34 with a receptor distance of 25 meters (82 feet), which is the shortest available distance provided in the SCAQMD' s methodology.

Project construction activities would result in temporary sources of on -site criteria air pollutant emissions associated with off -road equipment exhaust and fugitive dust generation. According to the Final Localized Significance Threshold Methodology, ' off -site mobile emissions from the project should not be included in the emissions compared to the LSTs" ( SCAQMD 2009). Trucks and worker trips associated with the project are not expected to cause substantial air quality impacts to sensitive receptors along off -site roadways since emissions would be relatively brief in nature and would cease once the vehicles pass through the main streets. Off -site emissions from truck trips were limited to 1, 000 feet of estimated on -site activity within the LST analysis. The maximum daily on -site emissions generated by construction of the project in each construction year are presented in Table 3.3-5 and compared to the SCAQMD localized significance criteria for Source -Receptor Area 34 to determine whether project -generated on -site emissions would result in potential LST impacts.

Table 3. 3-5. Construction Localized Significance Thresholds Analysis Pounds per lay ltin'Sft)
Maximum i 17. 1 18. 7 3.89 2, 13
SCAQMD LST Criteria,) 170 972 7 4
Threshold Exceeded? Na -- No No No
Source: SCAQMD 2009; Apt) endix A- 1.

Notes: NO2 = nitrogen dioxide; CO = carbon monoxide; PMio = particulate matter with a diameter less than or equal to 10 microns coarse particulate matter), PM2. 5 = particulate matter with a diameter less than or equal to 2. 5 microns ( fine particulate matter); SCAQMD = South Coast Air Quality Management District; LST = localized significance threshold. 15255
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Maximum on -site emissions occurred during the overlap of the following phases: grading and site preparation.

B LST are shown for a 2-acre disturbed area corresponding to a distance to a sensitive receptor of 25 meters in Source -Receptor Area 34 ( Central San Bernardino Valley).

As shown in Table 3. 3- 5, proposed construction activities would not generate emissions more than site - specific LSTs for NO,,, CO PM, o and PM2. 5. Thus, impacts would be less than significant.

Carbon Monoxide Hotspots
Traffic -congested roadways and intersections have the potential to generate localized high levels of CO.

Localized areas where ambient concentrations exceed federal and/ or state standards for CO are termed CO hotspots." The transport of CO is extremely limited, as it disperses rapidly with distance from the source. However, under certain extreme meteorological conditions, CO concentrations near a congested roadway or intersection may reach unhealthy levels, affecting sensitive receptors. Typically, high CO concentrations are associated with severely congested intersections operating at an unacceptable level of service ( LOS) ( LOS E or worse is unacceptable). Projects contributing to adverse traffic impacts may result in the formation of a CO hotspot. Additional analysis of CO hotspot impacts would be conducted if a project would result in a significant impact or contribute to an adverse traffic impact at a signalized intersection that would potentially subject sensitive receptors to CO hotspots. As discussed in Section 3. 17, As the proposed project is forecast to generate 13 AM peak hour trips and 16 PM peak hour trips (PCE-adjusted).

At the time that the SCAQMD Handbook ( SCAQMD 1993) was published, the SCAB was designated nonattainment under the CAAQS and NAAQS for CO. In 2007, the SCAQMD was designated in attainment for CO under both the CAAQS and NAAQS as a result of the steady decline in CO concentrations in the SCAB due to turnover of older vehicles, introduction of cleaner fuels, and implementation of control technology on industrial facilities. The SCAQMD conducted CO modeling for the 2003 AQMPB (SCAQMD 2003b) for the four worst -case intersections in the SCAB:

1. Wilshire Boulevard and Veteran Avenue

2. Sunset Boulevard and Highland Avenue
3, La Cienega Boulevard and Century Boulevard

4. Long Beach Boulevard and Imperial Highway
At the time the 2003 AQMP was prepared, the intersection of Wilshire Boulevard and Veteran Avenue was the most congested intersection in Los Angeles County, with an average daily traffic volume of about 100,000 vehicles per day. The 2003 AQM€7 projected 8-hour CO concentrations at these four intersections for 1997 and from 2002 through 2005. From years 2002 through 2005, the maximum 8-hour CO concentration was 3.8 parts per million at the Sunset Boulevard and Highland Avenue intersection in 2002 and the maximum 8-hour CO concentration was 3.4 parts per million at the Wilshire Boulevard and Veteran Avenue in 2002.

Accordingly, CO concentrations at congested intersections would not exceed the 1- hour or 8-hour CO CAAQS unless projected daily traffic would be at least over 100,000 vehicles per day. Because the project is not anticipated to increase daily traffic volumes at any study intersection to more than 100, 000 vehicles per day, a CO hotspot is not anticipated to occur.
9 SCAQMD' s CO hotspot modeling guidance has not changed since 2003. 15255
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Based on these considerations, the project would not generate traffic that would contribute to potential adverse traffic impacts that may result in the formation of CO hotspots. This conclusion is supported by the analysis in Section 3.17, which demonstrates that traffic impacts would be less than significant. In addition, due to continued improvement in vehicular emissions at a rate faster than the rate of vehicle growth and/ or congestion, the potential for CO hotspots in the SCAB is steadily decreasing. Based on these considerations, the project would result in a less -than -significant impact to air quality with regard to potential CO hotspots.

Toxic Air Contaminants
In addition to impacts from criteria pollutants, certain projects may include emissions of pollutants identified by the state and federal government as toxic air contaminants (TACs) or hazardous air pollutants.

State law has established the framework for California' s TAC identification and control project, which is generally more stringent than the federal project, and is aimed at TACs that are a problem in California. The state has formally identified more than 200 substances as TACs, including the federal hazardous air pollutants, and is adopting appropriate control measures for sources of these TACs.

In an abundance of caution, a voluntary Health Risk Assessment (HRA) was performed for construction and operation of the project, as discussed below is presented in Appendix A-2.

The most recent guidance from the Office of Environmental Health Hazard Assessment ( OEHHA) is the 2015 Risk Assessment Guidelines Manual ( OEHHA 2015), which was adopted in 2015 to replace the 2003 HRA Guidance Manual. The Children' s Environmental Health Protection Act of 1999 ( Senate Bill 25), which requires explicit consideration of infants and children in assessing risks from air toxics, required revisions of the methods for both non -cancer and cancer risk assessment and of the exposure assumptions in the 2003 HRA Guidance Manual. Cancer risk parameters, such as age -sensitivity factors, daily breathing rates, exposure period, fraction of time at home, and cancer potency factors were based on the values and data recommended by OEHHA as implemented in HARP2. SCAQMD' s Modeling Guidance for American Meteorological Society/ Environmental Protection Agency Regulatory Model ( AERMOD) ( SCAQMD 2M) and Health Risk Assessment Guidance for Analyzing Cancer Risks from Mobile Source Diesel Idling Emissions for CEQA Air Quality Analysis (SCAQMD 2003c) provide guidance to perform dispersion modeling for use in HRAs within the SCAB.

Health effects from carcinogenic air toxics are usually described in terms of cancer risk. The SCAQMD recommends a carcinogenic ( cancer) risk threshold of 10 in one million. Some TACs increase noncancer health risk due to long-term (chronic) exposures. The Chronic Hazard Index ( HIC) is the sum of the individual substance chronic hazard indices for all TACs affecting the same target organ system. The HIC estimates for all receptor types used the OEHHA- derived calculation method, which uses high end exposure parameters for the inhalation and next top two exposure pathways and mean exposure parameters for the remaining pathways for non -cancer risk estimates. The HIC is the sum of the individual substance chronic hazard indices for all TACs affecting the same target organ system. 10 A hazard index less than 1. 0 means that adverse health effects are not expected. Within this analysis, noncarcinogenie exposures of less than

1.0 are considered less than significant. The SCAQMD recommends a HIC significance threshold of 1.0 project increment) and an acute hazard index of 1. 0.
io The HIC estimates for all receptor types used the OEHHA-derived calculation method (OEHHA 2015). 15255
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The greatest potential for TAC exposure from project construction and operation is from diesel particulate matter ( DPM), as the exhaust from diesel engines is a complex mixture of gases, vapors, and particles, many of which are known human carcinogens. DPM has established cancer risk factors and relative exposure values for long-term chronic health hazard impacts. No short-term, acute relative exposure values are established and regulated and therefore these are not addressed in this assessment.

The dispersion modeling was performed using AERMOD, which is the model SCAQMD requires for atmospheric dispersion of emissions. AERMOD ( Version 21132) is a steady-state Gaussian plume model that incorporates air dispersion based on planetary boundary layer turbulence structure and scaling concepts, including treatment of surface and elevated sources, building downwash, and simple and complex terrain ( EPA 2018).

Construction Health Risk
Construction Health Risk Assessment
An HRA was performed to evaluate potential health risk associated with construction of the project. The following discussion summarizes the dispersion modeling and HRA methodology; supporting construction HRA documentation, including detailed assumptions, is presented in Appendix A- 2.

For risk assessment purposes, PM o in diesel exhaust is considered DPM, originating mainly from off -road equipment operating at a defined location for a given length of time at a given distance from sensitive receptors.

Less -intensive, more -dispersed emissions result from on road vehicle exhaust ( e.g., heavy-duty diesel trucks). For the construction HRA, the CaIEEMod scenario for the project was adjusted to reduce diesel truck one-way trip distances to 1,000 feet (0.19 miles) to estimate emissions from truck pass -by at proximate receptors.

The air dispersion modeling methodology was based on generally accepted modeling practices of SCAQMD SCAQMD 2021a). Air dispersion modeling was performed using the EPA' s American Meteorological Society/ Environmental Protection Agency Regulatory Model ( AERMOD) Version 21112 modeling system computer software) with the Lakes Environmental Software implementation/ user interface, AERMOD View Version 11. 2 The HRAfollowed the Office of Environmental Health Hazard Assessment ( OEHHA) 2015 guidelines OEHHA 2015) and SCAQMD guidance to calculate the health risk impacts at all proximate receptors as further discussed below. The dispersion modeling included the use of standard regulatory default options. AERMOD parameters were selected consistent with the SCAQMD and EPA guidance and identified as representative of the project site and project activities. Principal parameters of this modeling are presented in Table 3.3-6.

Table 3. 3-6. American Meteorological Society/ Environmental Protection Agency Regulatory Model Principal Parameters
Parameter
Meteorological Data I AERMOD-specific meteorological data for the Redlands air monitoring station ( RDLD) I was used for the dispersion modeling ( SCAQMD 2023b). A 5-year meteorological data set from 2012 through 2016 was obtained from the SCAQMD in a preprocessed format suitable for use in AERMOD.

Urban versus Rural Urban dispersion option was selected due to the developed nature of the project area Option
J_
and per SCAQMD guidelines.

Terrain The elevation of the site is 526 feet (481 meters) above sea level.

Characteristics _--_-
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Table 3. 3. 6. American Meteorological Society/ Environmental Protection Agency Regulatory Model Principal Parameters
Parameter Details
Elevation Data Digital elevation data were imported into AERMOD and elevations were assigned to receptors and emission sources, as necessary. Digital elevation data were obtained through the AERMOD View in the United States Geological Survey' s National Elevation Dataset format with a resolution of 1 arc -second resolution, consistent with the SCAQMD guidance ( SCAQMD 2021a)__„
Source Release Air dispersion modeling of DPM emissions was conducted assuming the off -road Characterizations equipment would operate in accordance with the modeling scenario estimated in CalEEMod ( Appendix A- 1). The construction equipment and on -site truck travel DPM emissions were modeled as a line of adjacent volume sources across the project site to represent project construction with a release height of 3. 4 meters, plume height of i 6.8 meters, and plume width of 8. 6 meters ( EPA 2018).

Note: AERMOD = American Meteorological Society/ Environmental Protection Agency Regulatory Model; SCAQMD = South Coast Air Quality Management District; DPM = diesel particular matter; CalEEMod = California Emissions Estimator Model.

See Appendix A-1.

Regarding receptors, the construction scenario used a 1-kilometer by 1- kilometer Cartesian receptor grid with 50- meter spacingto establish the impact area and evaluate locations of maximum health risk impact SCAQMD 2021a), Discrete receptors were placed over residential and daycare facilities in closest proximity to the site.

The health risk calculations were performed using the Hotspots Analysis and Reporting Program Version 2 HARP2) Air Dispersion and Risk Tool ( ADMRT, dated 22118). AERMOD was run with all sources emitting unit emissions ( 1 gram per second) to obtain the necessary input values for HARP2. The line of volume sources was partitioned evenly based on the 1 gram per second emission rate. The ground - level concentration plot files were then used to estimate the long-term cancer health risk to an individual, and the non -cancer chronic health indices. There is no reference exposure level ( REL) for acute health impacts from DPM, and, thus, acute risk was not evaluated.

Cancer risk is defined as the increase in probability ( chance) of an individual developing cancer due to exposure to a carcinogenic compound, typically expressed as the increased chances in one million.

Maximum Individual Cancer Risk is the estimated probability of a maximally exposed individual potentially contracting cancer as a result of exposure to TACs over a period of 30 years for residential receptor locations- For the purposes of this construction HRA, given the less -than -lifetime exposure period, and the higher breathing rates and sensitivity of children to TACs, the cancer risk calculation assumes that the exposure would affect children early in their lives. The 13- month exposure duration was assumed to start during the third trimester of pregnancy through 13 months of age based on the duration of construction.

The exposure pathway for DPM is inhalation only.

The SCAQMD has also established non -carcinogenic risk parameters for use in HRAs since some TACs increase non -cancer health risk due to long-term ( chronic) exposures and some TACs increase non -cancer health risk due to short- term ( acute) exposures. No short-term, acute relative exposure level has been established for DPM; therefore, acute impacts of DPM are not addressed in the HRA. Chronic exposure is evaluated in the construction HRA. Non -carcinogenic risks are quantified by calculating a hazard index, expressed as the ratio between the ambient pollutant concentration and its toxicity or REL., which is 15255
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a concentration at or below which health effects are not likely to occur. The chronic hazard index is the sum of the individual substance chronic hazard indices for all TACs affecting the same target organ system, A hazard index less of than one ( 1.0) means that adverse health effects are not expected.

The Maximum Individual Cancer Risk and the Chronic Hazard Index for residential receptors as a result of project construction are presented in Table 3. 3- 7.

Table 3.3- 7. Construction Health Risk Assessment Results - Unmitigated Maximum Individual Cancer Risk- Per Million
Residential
Chronic Hazard Index - Residential Index Value
Source: SCAQMD 2019.

Notes: CEQA = California Environmental Quality Act.

See Appendix A-2.

29. 63 10 Potentially
Significant

0.01 1. 0 Less than Significant
As shown in Table 3.3-7, project construction activities would result in a residential Maximum Individual Cancer Risk of 29.83 in 1 million, which exceeds the significance threshold of 10 in 1 million. Project construction would result in a Residential Chronic Hazard Index of 0.01 which is below the 1. 0 significance threshold. Implementation of MM- AQ- 1 would reduce project construction - generated DPM missions to the extent feasible.

MM- AQ- 1: Tier 4 Interim Engines. To reduce the potential for criteria air pollutants, specifically particulate matter with an aerodynamic diameter less than or equal to 10 microns ( PM1o), as a result of construction of the project, the applicant shall:

Prior to the start of construction activities, ensure that all 75 horsepower or greater diesel - powered equipment are powered with California Air Resources Board ( CARB)- certified Tier 4 interim engines, except where the project applicant establishes to the satisfaction of the City of Highland ( City) that Tier 4 interim equipment is not available.

An exemption from these requirements may be granted by the City in the event that the City documents that equipment with the required tier is not reasonably available and corresponding reductions in criteria air pollutant emissions are achieved from other construction equipment. Before an exemption may be considered by the City, the applicant shall be required to demonstrate that two construction fleet owners/ operators in San Bernardino County were contacted and that those owners/ operators confirmed Tier 4 interim equipment could not be located within San Bernardino County.

The HRA results after incorporation of MM-AQ- 1 are presented in Table 3. 3-8. 15255
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Table 3. 3- 8. Construction Health Risk Assessment Results -- Mitigated CEQA
Impact Parameter ThreshoId______
J,_
LeveI of Significance
Maximum Individual Cancer Risk- Per Million 5.38 10 Less than Significant Residential
Chronic Hazard Index - Residential Index Value 0.005 1.0 Less than Slgnlficani Source: SCAQMD 2019.

Notes: CEQA = California Environmental Quality Act.

See Appendix A-2.

As shown in Table 3.3-8, Implementation of MM-AQ- 1 would reduce Construction -generated health risks to levels below SCAQMD thresholds. Thus, impacts would be less than significant with mitigation.

Operational Health Risk
An HRA was performed to evaluate potential health risk associated with operation of the project. The following discussion summarizes the dispersion modeling and HRA methodology; supporting operational HRA documentation, including detailed assumptions, is presented in Appendix A- 2.

CARB' s Air Quality and Land Use Handbook: A Community Health Perspective encourages consideration of the health impacts of distribution centers that accommodate more than 100 trucks per day on sensitive receptors sited within 1, 000 feet from the source in the land use decision - making process ( CARS 2005).

For the operational health risk assessment ( included as Appendix A-2), operational year 2025 was assumed, consistent with completion of project construction. Emissions from the operation of the project include truck trips and truck idling emissions. For risk assessment purposes, PM10 in diesel exhaust is considered DPM, originating mainlyfrom trucks traveling on site and off site and trucks idlingat the loading docks. Truck travel and idling emission rates were obtained from CARB' s EMFAC2021. Emission factors representing the vehicle mix and emissions for 2025 were used to estimate emissions associated with operation of the project. Truck idling would be limited to 5 minutes in accordance with CARB' s adopted Airborne Toxic Control Measure; however, truck idling was conservatively assumed to idle for 15 minutes-" Therefore, the analysis conservatively overestimates DPM emissions from idling. Deliveries would occur every day of the week. A total of seven forklifts were assumed to operate with the project loading dock areas. The forklifts were modeled as diesel powered under the unmitigated HRA analysis.

Conservatively, a 2025 EMFAC2021 run was conducted and a constant 2025 emission factor data set was used for the entire duration of the analysis ( i. e., 30 years). Use of the 2025 emission factors would overstate potential impacts since this approach does not include reductions in emissions due to fleet turnover or cleaner technology with lower emissions. The truck travel DPM emissions were calculated by applying the exhaust PMlo emission factor from EMFAC2021 and the total truck trip number over the length of the distance traveled. In addition, the on -site truck idling exhaust emissions were calculated by applying the idle exhaust PMio emission factor from EMFAC2021 and total truck trip over the total idling time ( i. e., 15 minutes). The truck traffic was modeled as a line of adjacent volume sources with 100`Yo of the truck traffic enteringand exitingthe project site north via west 5th Street a nd head west on 5th Street 11 Although the project is required to comply with CARS' s idling limit of 5 minutes, on -site idling emissions was estimated for 15 minutes of truck idling, which would take into account on•site idling while the trucks are waiting to pun up to the loadingdock, idling at the loading dock, and idling during check -in and check- out. 15255
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to SP-210. The forklifts and truck idling were modeled as a line of adjacent volume sources operating within the truck loading bay area.

As previously described, health effects from carcinogenic air toxies are usually described in terms of cancer risk. The SCAQMD recommends a carcinogenic ( cancer) risk threshold of 10 in 1 million. Some TAGS increase noncaneer health risk due to long-term (chronic) exposures. A hazard index less than one ( 1. 0) means that adverse health effects are not expected. Within this analysis, noncarcinogenic exposures of less than 1. 0 are considered less than significant. The exhaust from diesel engines is a complex mixture of gases, vapors, and particles, many of which are known human carcinogens. DPM has established cancer risk factors and relative exposure values for long-term chronic health hazard impacts. No short- term, acute relative exposure values are established and regulated and are therefore not addressed In this assessment.

The air dispersion modeling methodology was based on generally accepted modeling practices of SCAQMD SCAQMD 2O21a). Air dispersion modeling was performed using the EPA' s AERMOD (Version 21112) modeling system with the Lakes Environmental Software implementation/ user interface, AERMOD View Version 10.2. 1.

The HRA followed the Office of Environmental Health Hazard Assessment (OEHHA) 2015 guidelines ( OEHHA 2015) and SCAQMD guidance to calculate the health risk impacts atali proximate receptors as further discussed below. The dispersion modeling included the use of standard regulatory default options. AERMOD parameters were selected consistent with the SCAQMD and EPA guidance and identified as representative of the project site and project activities. Principal parameters of this modelingare presented in Table 3.3-9.

Table 3.3.9. American Meteorological Society/ Environmental Protection Agency Regulatory Model Principal Parameters
Meteorological Data AERMOD- specific meteorological data for the Redlands air monitoring station ( RDLD) was used for the dispersion modeling ( SCAQMD 2021b). A 5- year meteorological data set from 2012 through 2016 was obtained from the SCAQMD in a preprocessed format suitable for use in AERMOD.

Urban versus Rural
Option
Terrain
Characteristics
Urban dispersion option was selected due to the developed nature of the project area and per SCAQMD guidelines.

The elevation of the site is 526 feet (481 meters) above sea level.

Elevation Data Digital elevation data were imported into AERMOD and elevations were assigned to receptors and emission sources, as necessary. Digital elevation data were obtained through the AERMOD View in the United States Geological Survey' s National Elevation Dataset format with a resolution of 1 arc -second resolution, consistent with the SCAQMD guidance (SCAQMD 2021a).

Source Release { Air dispersion modeling of operational activities was conducted using emissions Characterizations generated using EMFAC2021 and CaiEEMod.

Off -site and on -site truck travel were modeled as a line of adjacent volume sources, and based on EPA methodology, the modeled sources would result in a release height of 5 meters, a plume height of 10 meters, and a plume width of 9 meters ( SCAQMD 2O08a). Forklifts were modeled as a line of adjacent volume sources, and based on EPA methodology, the modeled sources would result in a release height of 3. 4 meters, a plume height of 6.8 meters, and a plume width of 8.6 meters (EPA 2018) Note: AERMOD - American Meteorological Society/ Environmental Protection Agency Regulatory Model; SCAQMD = South Coast Air Quality Management District; EPA = U. S. Environmental Protection Agency.

See Appendix A-2.
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Regarding receptors, the operational HRA scenario built from the construction HRA' s 1- kilometer by 1-kilometer Cartesian receptor grid with 50-meter spacing to establish the impact area and evaluate locations of maximum health risk impact ( SCAQMD 2021a). The operational scenario added receptors at 50-meter spacing at sensitive receptor areas adjacent to the truck routes discussed above.

The health risk calculations were performed using the HARP2 Air Dispersion and Risk Tool (ADMRT, dated 19121). AERMOD was run with all sources or source groups emitting unit emissions ( 1 gram per second) to obtain the necessary input values for HARP2. The line of volume sources was partitioned evenly based on the 1 gram per second emission rate. The ground -level concentration plot files were then used to estimate the long-term cancer health risk to an individual, and the non -cancer chronic health indices.

There is no reference exposure level ( REL) for acute health impacts from DPM, and, thus, acute risk was not evaluated.

Maximum Individual Cancer Risk is the estimated probability of a maximally exposed individual potentially contracting cancer as a result of exposure to TACs over a period of 30 years for residential receptor locations. The HRA assumes exposure would start in the third trimester of pregnancy through 30 years for all residential sensitive receptor locations. The exposure pathway for DPM is inhalation only.

The SCAQMD has also established non -carcinogenic risk parameters for use in HRAs since some TACs increase non -cancer health risk due to long-term ( chronic) exposures and some TACs increase non -cancer health risk due to short-term ( acute) exposures. No short-term, acute relative exposure level has been established for DPM; therefore, acute impacts of DPM are not addressed in the HRA. Chronic exposure is evaluated in the operational HRA. Non -carcinogenic risks are quantified by calculating a hazard index, expressed as the ratio between the ambient pollutant concentration and its toxicity or REL, which is a concentration at or below which health effects are not likely to occur. The chronic hazard index is the sum of the individual substance chronic hazard indices for all TACs affecting the same target organ system. A hazard index less of than one ( 1, 0) means that adverse health effects are not expected.

The results of the health risk assessment during operation are provided in Table 3. 3- 10.

Table 3. 3- 10. Operational Health Risk Assessment Results - Unmitigated Maximum Individual Cancer Risk -
Residential
Chronic Hazard Index - Residential
Source: SCAQMD 2019.

Notes: CEQA = California Environmental Quality Act,
See Appendix A-2.

Index value 0.01 1. 0
Potentially
Significant
Less than Significant
As shown in Table 3.3-10, project operation would result in a Residential Maximum Individual Cancer Risk of 65.3 in 1 million, which is above the significance threshold of 10 in 1 million. Project operation would result in a Residential Chronic Hazard Index of 0. 01, which is below the 1.0 significance threshold. The project operational TAC health risk impacts would be potentially significant. 15255
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MM-AQ-2: Operational Forklifts. The City shall require that all forklifts used during operation of the project be electric powered or fueled with natural gas.

The results of the health risk assessment during operation including mitigation measure MM-AQ-2 are provided in Table 3.3- 11.

Table 3. 3- 11. Operational Health Risk Assessrnent Results - Mitigated Project CEQA
Impact Parameter Impact Threshold Level of Significance Maximum Individual Cancer Risk- Per Million 1.0 10 Less than Significant Residential
Chronic Hazard Index - Residential Index Value 0.0003 1. 0 Less than Significant Source: SCAQMD 2019.

Notes: CEQA = California Environmental Quality Act.

See Appendix A-2.

As shown in Table 3.3-11, project operation would result in a Residential Maximum Individual Cancer Risk of 1 in 1 million, which is below the significance threshold of 10 in 1 milIion. Project operation would result in a Residential Chronic Hazard Index of 0.0003, which is below the 1.0 significance threshold. The project operational TAC health risk impacts would be less than significant with mitigation. d) would the project result in other emissions ( such as those leading to odors) adversely affecting a substantial number of people?
Less -than -Significant Impact. The project would result in emissions, including criteria air pollutant and TACs; however, those are addressed under Sections 3. 3( b) and 3. 3( c). Accordingly, the evaluation of other emissions is focused on the potential for the project to generate odors. The occurrence and severity of potential odor impacts depend on numerous factors. The nature, frequency, and intensity of the source; the wind speed and direction; and the sensitivity of receiving location each contribute to the intensity of the impact. Although offensive odors seldom cause physical harm, they can be annoying and cause distress amongthe public and generate citizen complaints.

Odors would be potentially generated from vehicles and equipment exhaust emissions during construction of the project. Potential odors produced during construction would be attributable to concentrations of unburned hydrocarbons from tailpipes of construction equipment, architectural coatings, and asphalt pavement application. Such odors would disperse rapidly from the project site and generally occur at magnitudes that would not affect substantial numbers of people. Therefore, impacts associated with odors during construction would be less than significant.

Land uses and industrial operations associated with odor complaints include agricultural uses, wastewater treatment plants, food -processing plants, chemical plants, composting, refineries, IandfiIls, dairies, and fiberglass molding (SCAQMD 1993). The project entails operation of a warehouse and would not create any new sources of odors during operation. Therefore, project operations would result in an odor impact that is less than significant.
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Land uses and industrial operations associated with odor complaints include agricultural uses, wastewater treatment plants, food -processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding (SCAQMD 1993). The project entails operation of a warehouse and would not create any new sources of odors during operation. Therefore, project operations would result in an odor impact that is less than significant.

3. 4 BioIogical Resources
W. BIOLOGICAL RESOURCES - Would the project:
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local ®
or regional plans, policies, or regulations, or
by the California Department of Fish and
Wildlife or U. S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations, or by the
California Department of Fish and Wildlife or
U. S. Fish and Wildlife Service?
c) Have a substantial adverse effect on state
or federalry protected wetlands ( including,
but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling,
hydrological interruption or other means?
d) Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, t
or impede the use of native wildlife f
nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a
tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
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The following analysis is based on a biological resources assessment conducted by Dudek biologist Jacob Rogers on April 4, 2023. This section summarizes the existing biological resources identified within the project site and a surrounding 100-foot buffer ( study area). Existing conditions are discussed in terms of existing soils, vegetation communities, special -status species, jurisdictional waters and wetlands, and potential wildlife corridors. The construction requirements of the project were overlaid onto mapped vegetation communities to determine potential direct impacts on the 2. 45-acre project site, as well as indirect impacts in the surrounding study area.

The study area is located in southwestern San Bernardino County. The existing land use within the study area consists of a single-family residence, surrounded by residential development to the north, vehicle storage and the San Bernardino International Airport to the south, vehicle storage to the east, and undeveloped land to the west. Surface elevation ranges between 1, 160 and 1, 170 feet above mean sea level and the site lacks significant topographic features, such as hills, valleys, or canyons. One drainage feature, City Creek Bypass Flood Control Channel (" City Creek Bypass"), occurs in the northwestern portion of the study area but outside the project site boundaries. City Creek Bypass is a blue -line feature that drains into the Santa Ana River to the southwest, which is considered a Relatively Permanent Water that drains to the Pacific Ocean, a Traditionally Navigable Water. The portion of City Creek Bypass within the study area is lined with rip -rap and contains an earthen bottom. City Creek Bypass is separated from the project site by a fence and concrete levee ( Figure 10). Two soil types are mapped within the study area: Psamments, fluvents/ frequently flooded soils and Tujunga gravelly loamy sand, 0% to 9% slopes ( USDA 2023). Psamments soils are considered hydric soils in California and are mapped for the majority of the project site. However, these soils were mapped within the historic floodplain of City Creek Bypass and were present prior to the channeiization of the Creek. Since the floodplain of City Creek Bypass has been contained to the channelized limits and the project site has been previously graded and soils compacted for the construction of the residence, the observed surface soils within the project site have been significantly altered from their natural state.

The biological reconnaissance survey recorded all plant and wildlife species and photographed representative vegetation communities. We used CDFW' s Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities ( CDFW 2018), as well as the California Natural Community List CDFW 2022a), and the Manual of California Vegetation (Sawyer et al. 2009), to map the vegetation communities and Iand uses in the study area. The classification systems focus on a quantified, hierarchical approach that accounts for both floristic factors ( plant species) and physiognomic factors ( community structure and form) as currently observed, rather than predicting climax or successional stages. During the biological reconnaissance observed vegetation communities and land covers were delineated to the alliance level. Prior to the survey, Dudek biologists conducted a comprehensive desktop review of literature, existing documentation, and geographic information system ( GIS) data to assess the potential for special -status plant and wildlife species to occur within the study area. Each special -status species was assigned a rating of " not expected," " low," " moderate," or " high" potential to occur based on relative location to known occurrences, vegetation community, soil, and elevation.

Where appropriate, modifications were made to the classification system, including the integration of the Preliminary Descriptions of the Terrestrial Natural Communities of California (Holland 1986; Oberbauer et al. 2008), to account for the observed communities that did not conform to those listed in the references.

Dudek compiled a general inventory of plant and wildlife species detected by sight, calls, tracks, scat, or other field indicators, and determined the potential for special -status species to occur within the study area. During the survey 14 species of plants, 4 native (29%) and 10 non-native ( 71%), were recorded within the study area. No native or naturalized vegetation communities were observed as the entire study area is characterized as disturbed habitat and developed Iand, except for City Creek Bypass. A full Iist of plant species observed is provided in Appendix B. 15255
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Wildlife species diversity during the survey was low and is likely impacted by the amount of surrounding development, existing disturbances, and lack of native habitats within the study area.

A total of 7 wildlife species, consisting of six native species ( 86%) and one non- native species ( 14%), were recorded during the survey ( Appendix B). Wildlife detected in the immediate vicinity of the study area included: Anna' s Hummingbird ( Calypte anna), black phoebe ( Sayornis nigricans), Cassin' s kingbird ( Tyrannus vociferans), common raven ( Corvus corax), lesser goldfinch ( Spinus psaltria), mourning dove ( Zenaida macroura), and several feral cats Fells catus), the only documented mammal.
a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Less -than -Significant with Mitigation Incorporated. The project site is highly disturbed and contains no natural or native habitat capable of supporting special -status plant or wildlife species known to occur in the region. The majority of the project site contains weedy or non- native vegetation and a single family residence, and surrounded by residential development, and commercial uses. Of the 51 special -status plant species listed in the California Natural Diversity Database (CDFW 2022b) and California Native Plant Society ( CNPS 2022) databases as occurring in the vicinity of the study area, none are expected to occur within the study area due to a lack of suitable habitat ( i. e., vegetation and soils). Additionally, all 66 special - status wildlife species that are documented in the region were determined to have no or low potential to occur within the study area based on an evaluation of elevation and vegetation communities present. The only protected wildlife species that may occur within the project site include common and migratory bird species protected by the Migratory Bird Treaty Act and California Fish and Game Code Section 3500. Bird species have the potential to nest within the ornamental landscaped trees on the project site, as well as on existing buildings and structures. Additionally, the project site is surrounded by development and the nearest naturalized area with native plant communities is approximately one mile from the project site, further reducing the potential for any special -status species from moving onto the project site. Therefore, the project will result in no impacts to special -status plants and wildlife.

The project site does provide suitable nesting habitat for a number of common and migratory bird species know to occur in the region. Specifically, bird species adapted to nesting in urban settings have the potential to nest within the native and non- native trees on site. Therefore, if project activities commence during the general avian nesting season of February through August, potential direct and indirect impacts may occur during vegetation removal and grading, which would be considered significant. Mitigation Measure ( MM) BIO- 1 would be implemented during the site preparation phase of the project to identify the presence of any nesting birds and set forth avoidance/ minimization measures to reduce impacts to a less than significant level.

MM- BIO- 1 Construction activities shall avoid the migratory bird nesting season ( typically February 1 through August 31), to reduce any potential significant impact to birds that may be nesting on the study area. If cons€ruction activities must occur during the migratory bird nesting season, an avian nesting survey of the project site and contiguous habitat within 500 feet of all impact areas must be conducted for protected migratory birds and active nests. The avian nesting survey shall be performed by a qualified wildlife biologist within 72 hours prior to the start of construction in accordance with the Migratory Bird Treaty Act 15255
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16 USC 703- 712) and California Fish and Game Code, Sections 3503, 3503. 5, and 3513. If an active bird nest is found, the nest shall be flagged and mapped on the construction plans along with an appropriate no -disturbance buffer, which will be determined bythe biologistbased on the species' sensitivity to disturbance (typically upto 300 feet for passerines and up to 500 feet for raptors and special -status species). The nest area shall be avoided until the nest is vacated and the juveniles have fledged. The nest area shall be demarcated in the field with flagging and stakes or construction fencing. b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U. S. Fish and Wildlife Service?
No Impact. The study area is in a highly disturbed residential lot that contains no natural or artificial drainages that could support riparian habitat. There are no riparian or other hydrophytic vegetation communities on the project site. However, City Creek Bypass occurs to the northwest of the project site, within the study area buffer. This portion of City Creek Bypass within the study area is earthen bottom with rip -rap lined slopes that does not contain any riparian or wetland vegetation. Therefore, there are no sensitive natural communities that occur within the project site that would be directly impacted by project construction. Additionally, due to the lack of riparian habitat within City Creek Bypass there will be no potential indirect impacts to riparian habitat or other sensitive natural communities. c) Would the project have a substantial adverse effect on state or federally protected wetlands ( including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
Less -than -Significant Impact. The project site is in an entirely developed upland area that contains no natural or artificial drainages that could support state and federally protected water ways, or topographical depressions that could support state and federally protected wetlands. Additionally, no NWI- mapped ' blue line' wetlands are mapped on the project site. Although the historical floodplain of City Creek Bypass included portions of the project site, there is currently no direct on -site connectivity due to the previous channelization of City Creek Bypass. The proposed impact area for the project site is restricted to the existing developed areas and no direct impacts will occur to off -site drainages. Therefore, the project would have no direct impacts to any state or federally protected waters or wetlands.

However, due to proximity of the City Creek Bypass to the project site there is potential for indirect impacts to occur during construction related to erosion, runoff, and dust. However, incorporation of best management practices (BMPs) during construction as required the Stormwater Pollution Prevention Plan SWPPP) to comply with the General Permit during all construction -related activities would reduce dust, toxins, and pollutants from entering into any adjacent waterways. Therefore, the project would have less than significant impacts to state and federally -protected waters and wetlands. 15255
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d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
No Impact. The project site is surrounded by development and is isolated from Iarger undeveloped areas of open space. The project site has also been developed as a residential property and does not facilitate the movement of wildlife between two habitat blocks. Additionally, there are undeveloped parcels to the west that could allow for wintering stopover sites for migrating birds. Due to the existing development on site and history of disturbance, the project site does not function as a wildlife corridor or linkage.

However, City Creek Bypass occurs to the northwest of the project site that could function as a corridor for wildlife movement. The creek was dry at the time of the survey. However, the majority of the City Creek Bypass is diverted and concrete lined until it reaches the Santa Ana River which would likely reduce the potential for movement of any' native fishes found in the watershed. Additionally, City Creek Bypass is separated from the project site by chain link fences that act as impediments for terrestrial wildlife entering the project site and utilizing the site as a wildlife corridor. Lastly, the project site does not function as a corridor between two larger patches of native habitat. Although there are natural habitat blocks within the greater project region ( San Bernardino National Forest and the Santa Ana River), the project site is separated from these features by approximately 3 miles of urban development, preventing the possibility for wildlife occupying these natural areas to access the project site. Therefore, the proposed project would have no impacts to wildlife movement or migratory corridors. e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
Less -than -Significant Impact, Applicable local ordinances protecting biological resources within the project site include the City of Highland Heritage Tree Protection Ordinance.

The City of Highland Heritage Tree Protection Ordinance The City of Highland Heritage Trees Ordinance, Highland Municipal Code Chapter 8.36, provides means of regulating impacts and conservation of Heritage trees which is defined as " any live tree, shrub, or plant which meets at least on of the following criteria: all woody plants in excess of 15 feet in height and having a single trunk circumference of 24 inches DBH ( diameter at breast height) or more; or multitrunked tree(s) having a total circumference of 30 inches DBH or more; or a stand of tree, the nature of which makes each dependent upon the others for survival; or any other tree as may be deemed historically or culturally significant by the community development director or designee because of size, condition, location, or aesthetic qualities." An Arborist Report was prepared for the project and included an inventory and assessment of on -site trees, as well as replacement recommendations of off -site the loss of protected trees (Appendix C). The proposed site plan would require removal of up to S protected trees. Consistent with the City' s requirements, a tree removal permit would be required for the removal of these trees. Per the City' s Heritage tree preservation requirements, 16 drought tolerant trees must be planted to mitigate for the anticipated removal of 8 heritage trees. However, based on a review of the site plans, the site can accommodate up to 33 trees. Species composition and size of the planted trees is at the discretion of the community development director. With implementation of the proper permitting, direct and indirect impacts on protected trees under the City' s Heritage Trees Ordinance would be less than significant due to compliance with regulations. 15255
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f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The project is not located within the limits of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan; therefore, there would be no impact.

3. 5 Cultural Resources
V. CULTUR) RESOURCES - Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource
pursuant to Section 15064. 5?
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to Section 15064. 5?
c) Disturb any human remains, including those
interred outside of formal cemeteries?
The following analysis is based, in part, on the Built Environment Inventory and Evaluation Report prepared by Dudek in May 2023, included as Appendix D and the Archaeological Resources Assessment prepared by Dudek in May 2023, included as Appendix E.
a) Would the project cause a substantial adverse change in the significance of historical resource pursuant to Section 15064. 5?
Less -than -Significant Impact. As defined by the CEQA Guidelines ( 14 CCR 15000 et seq.), a " historical resource" is considered to be a resource that is listed in or eligible for listing in the National Register of Historic Places ( NRHP) or California Register of Historical Resources ( CRHR), has been identified as significant in a historical resource survey, or is listed on a local register of historical resources. Under CEQA, a project may have a significant effect on the environment if it may cause " a substantial adverse change in the significance of an historical resource" ( Public Resources Code Section 21084. 1; 14 CCR 15064. 5( b)).

If a site is listed or eligible for listing In the CRHR, or included in a local register of historic resources, or identified as significant in a historical resources survey ( meeting the requirements of Public Resources Code Section 5024. 1[q)), it is a historical resource and is presumed to be historicallyor culturally significant for the purposes of CEQA ( Public Resources Code Section 21084. 1; 14 CCR 15064. 5(a)).

A review of historical aerial photographs indicates that the proposed project site was undeveloped until at least 1959, The single- family residence was constructed by 1966. By 2002, project site is shown to be consistent with the present site conditions.
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NEGATIVE DECLARATION
A review of the California Historical Resources Information System ( CHRIS) database records search for a

0. 5- mile records search area around proposed project site identified 14 resources that are historic built environment resources; none of these resources overlap or are adjacent to the project site. No historic - period archaeological resources have been previously recorded within the project site or 0.5-mile records search area. It is important to note that the entirety of the project site has not been subject to any previous archaeological investigations. An archaeological pedestrian survey of the project site did not identify any archaeological resources within the project footprint that are historic in age.

A Built Environment Inventory and Evaluation Report was prepared for the subject property for potential built environment resources in May 2023 ( Appendix D). The report includes the results of an intensive survey of the property by a cultural resources specialist; building development and archival research; development of an appropriate historic context forthe project site; and recordation and evaluation of singlefamily residential property over 45 years old for historical significance and integrity in consideration of NRHP, CRHR, and City of Highland designation criteria and integrity requirements.

The Built Environment Inventory and Evaluation Report concluded the property at 26811 5th Street does not appear eligible for listing in the NRHP, CRHR, or as a City of Highland Cultural Resource due to a lack of important historical associations, lack of architectural merit, and lack of integrity, nor does it appear eligible as a contributor to an historic district. As such, the property is not considered a historical resource for the purposes of CEQA. The recommended California Historical Resource Status Code for this property is 6Z ( found ineligible for the NRHP, CRHR, or local designation through survey evaluation).

Therefore, the project would not cause a substantial adverse change in the significance of a known historical resource pursuant to Section 15064. 5. However, the potential for intact cultural deposits archaeological in nature, as opposed to historic in nature) to exist within native soils (below between 1 and 2 feet below ground surface) to the depths of proposed ground disturbance is unknown. In the event that unanticipated cultural resources are encountered during project implementation, an assessment and evaluation of the resource would be conducted potentially resulting in the determination that the resource is historical in accordance with the definition outlined in Section 15064. 5. As a result, the project has a potential to impact and thus cause a substantial adverse change in the significance of a yet unknown historical resource.

Thus, mitigation is required to address impacts related to the inadvertent discovery of yet unknown historical resources, as outlined in MM-CUL- 1, MM-CUL-2, and MM-CUL-3. MM-CUL- 1 requires that all project construction personnel participate in a Workers Environmental Awareness Program training for the proper identification and treatment of inadvertent discoveries. MM- CUL- 2 requires the retention of an on -call qualified archaeologist to address inadvertent discoveries. MM- CUL- 3 requires construction work occurring within 100 feet of a cultural resource discovery be immediately halted until the qualified archaeologist, meeting the Secretary of Interior' s Professional Qualification Standards for Archaeology, can assess and evaluate the discovery pursuant to CEQA. Additionally, MM- CUL- 3 requires the inadvertent discovery clause be included on all construction plans. With implementation of MM- CUL- 1, MM-CUL- 2, and MM-CUL-3, significant impacts to historical resources would be reduced to less than significant with mitigation incorporated.
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b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
Less -than -Significant Impact with Mitigation Incorporated_ A CHRIS database records search, Native American Heritage Commission ( NAHC) Sacred Lands File ( SLF) search, background research, including a review of a geotechnical report, and an archaeological pedestrian survey were conducted as part of an Archaeological Resources Assessment that was prepared for the project (Appendix Q.

The SLF record is maintained at a Public Land Survey System Section level meaning the negative or positive result is respective of a general area covering approximately one -square mile ( 640 acres) rather than the exact proposed project site. Therefore, as part of the process of identifying cultural resources within or near the proposed project, Dudek referenced the results of an SLF search that was previously completed for another project within 0. 5 miles northwest of the present project site ( completed April 14, 2021). The NAHC' s SLF search result was positive, however, as previously stated, the SLF record is maintained at a Public Land Survey System Section level. which indicates a recorded sacred site could be anywhere within this 1-square- mile ( 640- acre) area and therefore, does not necessarily equate to the existence of resources within the specific area occupied by the proposed project site. A search of the CHRIS database the records search did not identify any previously recorded historic -period or prehistoric archeological resources within or immediately adjacent to the proposed project site. No record of previously recorded historic -period or prehistoric archaeological resources are on file with the SCCIC as being present within proposed project site.

A review of a geotechnical report prepared for the proposed project site determined that fills soils were encountered from surface to between 1 and 2 feet below existing ground surface ( bgs) within all ten exploratory backhoe trenching locations. The presence of the fill soil is an indication that any potential cultural material from surface to between 1 to 2 feet bgs, has been previously displaced from the primary depositional location, buried, or destroyed. Additionally, the presence of fill soils demonstrates that the native soils upon and within which cultural deposits would exist in situ was not observed duringthe survey.

No cultural materials were observed within the proposed project site; however, due to the presence of fill soils, observation of intact native soils was not possible.

A review of aerial photographs for all available years indicates that in general, the project site is depicted as vacant and undeveloped ( i. e., no buildings or structures observed) as early as 1901 with City Creek Bypass and associated wash/ creek bed intersecting the western portion of the proposed project site. In 1966, the western portion of the proposed project site is developed with two structures, consistent with the present- day layout of the residential building/ structure.

An intensive -level archaeological survey of the proposed project site was conducted May 18, 2023. The survey was conducted employing parallel transects, spaced no greater than 10 meters apart approximately 32 feet), where feasible and safe to do so. In areas of limited ground surface visibility due to the presence of road base, gravel, dense vegetation, or extant buildings and structures, formal transects were not utilized. Instead, a mixed approach ( opportunistic survey) and reconnaissance survey visual inspection) were utilized, selectively examiningareas of exposed ground surfaces, where possible.

Ground disturbances such as rodent burrows and cut banks, were also visually inspected for exposed subsurface materials. A review of a geotechnical report prepared for the proposed project site Appendix D) stated that fill soils were encountered from surface to between 1 and 2 feet below existing 15255
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ground surface at all ten trenching locations placed at accessible locations throughout the proposed project site. Native soils were encountered underlying the fill soils and extend to the maximum depths reached duringthe geotechnical testing. The presence of fill soils demonstrates that the native soils upon and within which cultural deposits would exist in situ was not observed during the survey. No cultural materials were observed within the proposed project site; however, due to the presence of fill soils, observation of intact native soils was not possible.

In consideration of all these factors, the potential to encounter intact deposits containing archaeological resources within soils from the current grade and between 1 and 2 feet below ground surface is unlikely.

However, the potential for intact cultural deposits to exist within native soils ( below between 1 and 2 feet below ground surface) to the depths of assumed ground disturbance is unknown. For these reasons, the proposed project site should be treated as potentially sensitive for archaeological resources. In the event that unanticipated archaeological resources are encountered during project implementation, impacts to these resources would be potentially significant.

Thus, mitigation is required to address impacts related to the inadvertent discovery of archaeological resources during construction, as outlined in MM-CUL-1, MM-CUL-2, and MM-CUL-3. MM-CUL-1 requires that all project construction personnel participate in a Workers Environmental Awareness Program training for the proper identification and treatment of inadvertent discoveries. MM-CUL-2 requires the retention of an on -call qualified archaeologist to address inadvertent discoveries. MM- CUL- 3 requires construction work occurring within 100 feet of a cultural resource discovery be immediately hafted until the qualified archaeologist, meeting the Secretary of Interior' s Professional Qualification Standards for Archaeology, can assess and evaluate the discovery pursuant to CEQA. Additionally, MM- CUL-3 requires the inadvertent discovery clause be included on all construction plans. With implementation of MM- CUL- 1, MM- CUL- 2, and MM-CUL-3, potentially significant impacts to unknown archaeological resources would be reduced to less than significant with mitigation incorporated.

MM- CUL- 1 Workers Environmental Awareness Program. Priorto the start of construction activities, all construction personnel and monitors shall be trained regarding identification and treatment protocol for inadvertent discoveries of cultural resources ( archaeological and tribal) and human remains. A basic presentation and handout or pamphlet shall be prepared in order to ensure proper identification and treatment of inadvertent discoveries of cultural resources and human remains. The purpose of the Workers Environmental Awareness Program ( WEAP) training is to provide specific details on the kinds of materials that may be identified during ground disturbing activities and explain the importance of and legal basis for the protection of human remains and significant cultural resources.

Each worker shall also be trained in the proper procedures to follow in the event that cultural resources or human remains are uncovered during ground disturbing activities.

These procedures include but are not Iimited to work curtailment or redirection, and the immediate contact of the site supervisor and archaeological monitoring staff.

MM- CUL- 2 Retention of an On -Call Qualified Archaeologist. A qualified archaeologist shall be retained and on -call to respond and address any inadvertent discoveries identified project implementation. Additionally, in consideration of the potential to encounter intact cultural deposits beneath fill soils, the qualified archaeologist shall survey the proposed project site once fill soils have been removed to ensure no cultural deposits underly the fill layer. 15255
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If is determined, based on the aforementioned survey, that cultural resources are present or may be present and may be impacted during project construction, monitoring may be warranted. Additionally, any identified cultural resources shall be assessed and evaluated pursuant to CEQA. If it is determined that monitoring is warranted, a qualified archaeological principal investigator, meeting the Secretary of the Interior' s Professional Qualification Standards, shall oversee and adjust monitoring efforts as needed ( increase, decrease, or discontinue monitoring frequency) based on the observed potential for construction activities to encounter cultural deposits or material. The archaeological monitor will be responsible for maintaining daily monitoring logs.

MM- CUL- 3 Inadvertent Discovery Clause. In the event that potential archaeological resources ( sites, features, or artifacts) are exposed duringground disturbance, all construction work occurring within 60 feet of the find shall immediately stop, and the qualified archaeologist that has been retained on call must be notified immediately to assess the significance of the find and determine whether additional study is warranted. Additionally, the Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN) shall be contacted, as detailed within TCR- 1, regarding any pre -contact and/ or historic -era finds of or potentially of Native American origin. The Tribe shall be provided relevant information regarding the findings of the archaeological assessment as well recommendations regarding further study and treatment, if necessary. Depending upon the significance of the find under the California Environmental Quality Act ( CEQA), the archaeologist may simply record the find and allow work to continue. If the discovery proves significant under CEQA, additional work e. g., preparation of an archaeological treatment plan, testing, data recovery, or monitoring) may be warranted if the resource cannot be feasibly avoided. If significant pre -contact and/ or historic -era cultural resources, as defined by CEQA ( as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan ( Plan) to include a research design, if data recovery is determined necessary. A draft of the Plan shall be provided to YSMN for review and comment, prior to finalization of the Plan as detailed within TCR- 1. If monitoring is warranted, it shall be conducted for the remainder of the project, and implement the Plan accordingly. Additionally, an archaeological monitoring report shall be prepared within 60 days following completion of ground disturbance and submitted to the City of Highland for review. This report shall document compliance with approved mitigation, document the monitoring efforts and any discoveries, and include an appendix with daily monitoring logs. Thefinal report shall be submitted to the City of Highland, Applicant, YSMN, and the South Central Coastal Information Center. 15255
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If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity ( within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code § 7050. 5 and that code enforced for the duration of the project. Nofurther excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County coroner has determined the appropriate treatment and disposition of the human remains. If the county coroner determines that the remains are, or are believed to be, Native American, he or she shall follow all required protocols according to California Public Resources Code, Section 5097. 98. 47 171
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W Would the project disturb any human remains, including those interred outside of formal cemeteries? Less -than -Significant Impact. No prehistoric or historic period burials were identified within the proposed project site as a result of the CHRIS records search or pedestrian survey. Although the NAHC' s SLF search result was positive, it is important to note that the results of the SLF provided by the NAHC relate to the general regional area within and surrounding the proposed project site and don' t necessarily equate to the existence of resourcesor human remains within the specific proposed project site. In the event that human remains are inadvertently encountered during ground disturbing activities, they shall be treated consistent with state and local regulations including California Health and Safety Code Section 7050.5, California Public Resources Code Section 5097.98, and the California Code of Regulations Section 15064.5(e). In accordance with these regulations, if human remains are found, the County Coroner must be immediately notified of the discovery. No further excavation or disturbance of the project site or any nearby ( no less than 100 feet) area reasonably suspected to overlie adjacent remains can occur until the County Coroner has determined if the remains are potentially human in origin. If the County Coroner determines that the remains are, or are believed to be, Native American, he or she is required to notify the NAHC that shall notify those persons believed to be the most likely descendant. The most likely descendant shall determine, in consultation with the property owner, the disposition of the human remains. Compliance with these regulations would ensure that impacts to human remains resuitingfrom the proposed project would be less than significant.

3. 6 Energy
tit CAnren, _ 1A/ n„! A tha, nrn*lAt•
a) Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of (]
energy resources, during project
construction or operation?
b) Conflict with or obstruct a state or local plan
for renewable energy or energy efficiency/?
a) Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less -than -Significant Impact. The electricity and natural gas used for construction of the proposed project would be temporary, would be substantially Iess than that required for project operation, and would have a negligible contribution to the project' s overall energy consumption. Although the project would see an increase in petroleum use during construction and operation, vehicles would use less petroleum due to advances in fuel economy and potential reduction in vehicle miles traveled (VMT) overtime. 15255
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Construction
Electricity
Temporary electric power for as -necessary lighting and electronic equipment ( such as computers inside temporary construction trailers) would be provided by Southern California Edison. The electricity used for such activities would be temporary, would be substantially less than that required for project operation, and would have a negligible contribution to the project' s overall energy consumption.

Natural Gas
Natural gas is not anticipated to be required during construction of the project. Fuels used for construction would primarily consist of diesel and gasoline, which are discussed below under the Petroleum subsection.

Any minor amounts of natural gas that may be consumed as a result of project construction would be substantially less than that required for project operation and would have a negligible contribution to the project' s overall energy consumption.

Petroleum
Heavy- duty construction equipment associated with construction activities would rely on diesel fuel.

Construction workers would travel to and from the project site throughout the duration of construction. It is assumed in this analysis that construction workers would travel to and from the site in gasoline - powered passenger vehicles.

Heavy-duty construction equipment of various types would be used during each phase of project construction. Appendix A-1 lists the assumed equipment usage for each phase of construction.

Fuel consumption from construction equipment was estimated by converting the total carbon dioxide (CO2) emissions from each construction phase to gallons using the conversion factors for CO2 to gallons of gasoline or diesel. Construction is estimated to occur in 2024 and 2025 based on the construction phasing schedule. The conversion factor for gasoline is 8.78 kilograms per metric ton CO2 per gallon, and the conversion factor for diesel is 10.21 kilograms per metric ton CO2 per gallon (The Climate Registry 2021).

The estimated diesel fuel usage from construction is shown in Table 3.6- 1.

Table 3. 6- 1. Total Proposed Project Construction Petroleum Demand Project Construction 21, 712 483 5, 897 7, 634
Total Petroleum Consumed for Project Construction 35, 726 Source: Appendix A• 1
In summary, construction of the project is anticipated to consume 7, 634 gallons of gasoline and 28, 092 gallons of diesel over the course of 13 months. The project will be subject to CARB' s In -Use Off - Road Diesel Vehicle Regulation that applies to certain off -road diesel engines, vehicles, or equipment 15255
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greater than 25 horsepower. The regulation ( 1) imposes limits on idling, requires a written idling policy, and requires a disclosure when selling vehicles; (2) requires all vehicles to be reported to CARB (using the Diesel Off -Road Online Reporting System) and labeled; ( 3) restricts the adding of older vehicles into fleets starting on January 1, 2014; and (4) requires fleets to reduce their emissions by retiring, replacing, or repowering older engines, or installing Verified Diesel Emission Control Strategies ( i. e., exhaust retrofits). The fleet must either show that its fleet average index was less than or equal to the calculated fleet average target rate, or that the fleet has met the Best Achievable Control Technology requirements. The project is also located in an urban area and worker, vendor, and haul truck trip lengths would be shorter compared to a suburban project Iocation, resulting in less energy use. Therefore, impacts to energy resources during construction would be less than significant.

Operation
Electricity
The operation of the project would require electricity for multiple purposes, including cooling, lighting, appliances, and poweringvarious equipment, such as electric forklifts. Additionally, the supply, conveyance, treatment, and distribution of water would indirectly result in electricity usage. Electricity consumption associated with project operation is based on the CaIEEMcd outputs for water, wastewater, and electric forklifts presented in Appendix A- 1.

CaIEEMod default values for energy consumption for each land use were applied for the project analysis.

The energy use from non- residential land uses is calculated in CalEEMod based on the California Commercial End -Use Survey database. Energy use in buildings ( both natural gas and electricity) is divided by the program into end use categories subject to Title 24 requirements ( end uses associated with the building envelope, such as the heating, ventilation, and air conditioning [ HVAC1 system; water heating system; and integrated lighting) and those not subject to Title 24 requirements ( such as appliances, electronics, and miscellaneous " plug- in" uses).

Title 24 of the California Code of Regulations serves to enhance and regulate California' s building standards. The most recent amendments to Title 24, Part 6, referred to as the 2022 standards, became effective on January 1, 2023. According to these estimations, the project would consume approximately 270,533 kilowatt-hours per year during operation (Appendix A- 1).

Natural Gas
The operation would require natural gas for various purposes, including water heating and natural gas appliances and natural gas forklifts. Natural gas consumption associated with operation is based on the CaIEEMod outputs in Appendix A- 1.

CalEEMod default values for energy consumption for each land use were applied for the project analysis.

The energy use from non-residential land uses is calculated in CaIEEMod based on the California Commercial End -Use Survey database. Energy use in buildings ( both natural gas and electricity) is divided by the program into end use categories subject to Title 24 requirements ( end uses associated with the building envelope, such as the HVAC system, water heating system, and integrated lighting) and those not subject to Title 24 requirements ( such as appliances, electronics, and miscellaneous " plug- in" uses). 15255
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Title 24 of the California Code of Regulations serves to enhance and regulate California' s building standards. The most recent amendments to Title 24, Part 6, referred to as the 2023 standards, became effective on January 1, 2023. According to these estimations, the project would consume approximately 1, 020, 228 thousand British thermal units per year.

Petroleum
During operations, the majority of fuel consumption resulting from the project would involve the use of forklifts and motor vehicles traveling to and from the project site.

Petroleum fuel consumption associated with motor vehicles traveling to and from the project site is a function of the VMT as a result of project operation. As shown in Appendix A- 1 and as discussed in Section 3.3 and Section 3. 8, the annual VMT attributable to the project is expected to be 409,141miles for passenger vehicles and 368,448 miles for trucks. Similar to the construction worker and vendor trips, fuel consumption from worker and truck trips are estimated by converting the total CO2 emissions from operation of the project to gallons using the conversion factors for CO2 to gallons of gasoline or diesel.

Mobile source emissions were estimated using EMFAC2021. Calculations for annual mobile source fuel consumption are provided in Table 3.6-2.

Table 3.6.2. OperationaI Annual Mobile Source Petroleum Demand Source Vehicle MT • •
Gasoline Vehicles 127 8. 78 57, 973
i . ._
Diesel Vehicles 509 _ t

10. 21 4853
Total 107, 826
Sources: Trips and vehicle CO2 (Appendix A- 1); kg/ CO2/ Gallon ( The Climate Registry 2020).

Notes: MT - metric ton; Coe = carbon dioxide; kg = kilogram As shown in Table 3. 6-2. total petroleum consumption for the project annually is estimated to be 107, 826 gaIons. 12 Summary
In
summary, although natural gas and electricity usage would increase due to the implementation ofthe project, the project would besubject tothe State Building Energy Efficiency Standards. Although theproject would see an increase in petroleum use during construction and operation, vehicles would use less petroleum due to advances infuel economy and potential reduction in VMT over time. Therefore, impacts to energy resources during operation would be less than significant. Over the lifetime ofthe project, the fuel efficiency ofthe vehicles being used by the visitors andemployees of the project is expected toincrease. As such, the amount of gasoline consumed as a result of vehicular trips to and from the project site during operation would decrease over time. There are numerous regulations inplace that require and encourage increased fuel efficiency. For example, GARB has adopted a new approach topassenger vehicles by combining thecontrol of smog - causing pollutants and GHG 72 For context, California asa whole is expected toconsume approximately18.0 billion gallons of petroleum per year by 2023 (GARB 2021).

Countywide total petroleum use by vehicles is expected to be 1.114 million gallons per year by 2024 ( CARE 2021). 15255 AUGUST
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emissions into a single coordinated package of standards. The new approach also includes efforts to support and accelerate the number of plug- in hybrids and zero -emission vehicles in California CARE 2017a). Additionally, in response to Senate Bill (SB) 375, GARB has adopted the goal of reducing per -capita GHG emissions from 2005 levels by 8% by the year 2020 and 13% by the year 2035 for light - duty passenger vehicles in the SCAG planning area. This reduction would occur by reducing VMT through the Integration of land use planningand transportation. As such, operation of the project is expected to use decreasing amounts of petroleum over time, due to advances in fuel economy.

The project would create additional electricity and natural gas demand by adding warehouse facilities. New facilities associated with the proposed project would be subject to the State Building Energy Efficiency Standards, embodied in Title 24 of the California Code of Regulations. The efficiency standards apply to new construction of non- residential buildings and regulate energy consumed for heating, cooling, ventilation, water heating, and lighting. The project will meet applicable Title 24 requirements, other renewable energy systems including wind turbine generation, geothermal generation, energy storage and other renewable energy generation features are not considered technically or economically feasible and or demonstrated for a similar project. Additionally, site constraints include limited land availability and incompatibility with land use for large scale power generation facilities as well as unknown interconnection feasibility and compatibility with utility provider systems. For these reasons other onsite renewable energy systems are not considered feasible for the proposed project.

In summary, implementation of the project would increase the demand for electricity and natural gas at the project site and petroleum consumption in the region during construction and operation. However, as the project would be consistent with current regulations and policies, the project would not be wasteful, inefficient, and would not result in unnecessary energy resource consumption. The project' s energy consumption demands during construction and operation would conform to the State' s Title 24 standards such that the project would not be expected to wastefully use gas and electricity. Since the proposed project would comply with Title 24 conservation standards, the proposed project would not directly require the construction of new energy generation or supply facilities or result in wasteful, inefficient, or unnecessary consumption of energy. Moreover, vehicle usage associated with the project would use less petroleum due to advances in fuel economy and potential reduction in VMT over time. Therefore, impacts would be less than significant.
b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy efflclency.? Less -than -Significant Impact The project would be subject to and would comply with, at a minimum, the California Building Energy Efficiency Standards ( 24 CCR, Part 6). Part 6 of Title 24 establishes energy efficiency standards for non-residential buildings constructed in California to reduce energy demand and consumption. As such, the project would comply with the California code requirements for energy efficiency.

Part 11 of Title 24 sets forth voluntary and mandatory energy measures that are applicable to the project under the California Green Building Standards, also known as CALGreen. CALGreen institutes mandatory minimum environmental performance standards for all ground - up, new construction of commercial, lowrise residential, high-rise residential, state-owned buildings, schools, and hospitals, as well as certain residential and non- residential additions and alterations. On this basis, the project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. Therefore, impacts would be less than significant.
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3. 7 Geology and Soils
WL fF01 OAYANn SOILS - Would the oroiect:
a) Directly or indirectly cause potential
substantial adverse effects, including the
risk of loss, injury, or death involving,
1) Rupture of a known earthquake fault,
as delineated on the most recent
Alquist- Prioio Earthquake Fault Zoning
Map issued by the State Geologist for
the area or based on other substantial
evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.

Strong seismic round shaking?
iii) Seismic -related ground failure, including z D
liquefaction?
iv) Landslides? 10
b) Result in substantial soil erosion or the loss
of topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as
a result of the project, and potentially result
in on- or off -site landslide, Iateral spreading,
subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
1994), creating substantial direct or
indirect risks to life or property?
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal systems
where sewers are not available for the
disposal of wastewater?
f) Directly or indirectly destroy a unique
paleontological resource or site or unique D
geologic feature?
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a) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving.

Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake FaultZoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

No Impact. The Alquist- Priolo Zones Special Studies Act defines active faults as those that have experienced surface displacement or movement during the last 11,000 years. As shown in Figure 6-2 of the General Plan, the City of Highland is traversed by the San Andreas Fault System (City of Highland 2006).

The Alquist-Priolo Earthquake Fault Zone, as identified in the General Plan, is located approximately 3. 7 miles east ofthe project site (City of Highland 2006). The proposed development lies outside of any Alquist Priolo Special Studies Zone and the potential for damage due to direct fault rupture is considered unlikely Appendix F, Geotechnical Investigation). Additionally, based on a review of the California Department of Conservation regulatory maps, the project site is not located in a designated Fault Hazard Zone ( DOC 2021).

Therefore, no impacts associated with fault rupture would occur. i!) Strong seismic ground shaking?
Less -than -Significant Impact. Similar to other areas located in the seismically active Southern California region, the City is susceptible to strong ground shaking during an earthquake. However, as previously addressed in Section 3. 7( a)( i), the project site is located approximately 3. 7 miles east of the San Andreas Fault Zone, which is capable of producing an 8.3 Magnitude earthquake {City of Highland 2006). Pursuant to Title 15, Buildings and Construction, of the Highland Municipal Code, the project would incorporate the design recommendations included in its geotechnical report, which will be subject to review and approval by City staff prior to issuance of a grading permit. The project' s geotechnical report provides specific design recommendations to ensure the structural integrity of the project in the event that seismic ground shaking is experienced at the project site. These recommendations include performing remedial grading, over - excavating existing soils, and recompacting these soils with compacted fill, among other technical design recommendations ( Appendix F). Additionally, the project' s structures would be designed consistent with the most recent version of the California Building Code, which includes universal standards relating to seismic load requirements. With implementation of the recommendations of the project' s geotechnical report, impacts associated with strong seismic ground shaking would be less than significant. iii) Seismic -related ground failure, including liquefaction? Less -than -Significant Impact. Liquefaction occurs when partially saturated soil Ioses its effective stress and enters a liquid state, which can result in the soil' s inability to support structures above. Liquefaction can be induced by ground -shaking events and is dependent on soil saturation conditions. As shown in Figure 6-3 of the General Plan, the project site is not within a High Liquefaction Susceptibility Area ( City of Highland 2006), and according to the project' s Geotechnical Report, liquefaction is not a concern for the project site ( Appendix F). Therefore, impacts associated with seismic -related ground failure, including liquefaction, would be less than significant.
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iv) Landslides?
No Impact. The project site is relatively flat and is not within an area susceptible to landslides as shown in General Plan Figure 6- 3 ( City of Highland 2006). Therefore, no impact associated with landslides would occur on the proposed project site.
b) Would the project result in substantial soil erosion or the loss of topsoil? ShortTerm Construction impacts
Less -than -Significant Impact. Ground surfaces that would be temporarily exposed during construction could result in erosion or loss of soil during storm events. Construction projects that involve the disturbance of 1 or more acres of soil, including clearing, grading, and disturbances to the ground such as stockpiling or excavation, are required to obtain coverage under the State Water Resources Control Hoard General Permit for Discharges of Stormwater Associated with Construction Activity ( Construction General Permit).

The Construction General Permit requires the development and implementation of a SWPPP SWRCB 2023a). Impiementation of a Construction General Permit, including preparation of a SWPPP and installation of BMPs, would reduce the potential for both stormwater runoff and soil erosion impacts.

Therefore, short-term construction impacts associated with soil erosion would be less than significant.

Long -Term Operational Impacts
Less -than -Significant Impact. Following construction of the project, ground surfaces would be covered by the proposed warehouse building or otherwise stabilized with landscaping and paving. The stormwater generated on site, along with any sediments contained within the stormwater, will be directed into an on - site corrugated metal pipe infiltration system to be treated on site. Therefore, the potential for substantial soil erosion or the loss of topsoil would be less than significant. c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse?
Less -than -Significant Impact. As previously discussed, the potential for the project to result in or be affected by landslides and liquefaction is low, and these issues are not anticipated at the project site. The project would be designed consistent with the specific design recommendations of the project' s geotechnicai report, which provides recommendations to perform remedial grading, over -excavate existing soils, and recompact these soils with compacted fill, among other technical design recommendations Appendix 1;). Implementation of these recommendations would address these potentially hazardous conditions and ensure structural integrity in the event that seismic -related issues are experienced at the project site. With implementation of the recommendations of the project' s geotechnical report, impacts would be less than significant.
d) Would the project be located on expansive soil, as defined in Table 18- 1-8 of the Uniform Building Code ( 1994), creating substantial direct or indirect risks to life or property!? Less -than -Significant Impact. Expansive soils are characterized by their potential shrink/ swell behavior.

Shrink/ swell is the change in volume ( expansion and contraction) that occurs in certain fine-grained clay 15255
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sediments from the cycle of wetting and drying. Much of the damage to building foundations, roads, and other structures can be caused by the swelling and shrinking of soils as a result of wetting and drying. The on -site soils at the project site are very low ( Expansion index = 0-20) in expansion potential ( Appendix F).

Further, compliance with California Building Code requirements wouid reduce the potential risk to people and structures due to unstable and expansive soils. Therefore, impacts associated with expansive soils would be less than significant.
e) Would the project have sorts incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal ofwaste water? No Impact. The proposed project would connect directly to the East Valley Water District sewer system and would not require septic tanks or any other alternative wastewater disposal system. Therefore, no impacts associated with the ability of soils to support septic tanks would occur. 0 Would the project directlyorindirecttydestroyauniquepaleontologicalresou ceorsiteoruniquegeologicfeature? Less -than -Significant with Mitigation Incorporated. The project site Iies within the northernmost Peninsular Ranges Geomorphic Province, which extends from the tip of the Baja California Peninsula to the Transverse Ranges ( the San Gabriel and San Bernardino Mountains) and includes the Los Angeles Basin, offshore islands ( Santa Catalina, Santa Barbara, San Nicholas, and San Clemente), and continental shelf.

The eastern boundary is the Colorado Desert Geomorphic Province ( California Geological Survey 2002; Morton and Miller 2006). The ancestral Peninsular Ranges were formed by uplift of plutonic igneous rock resulting from the subduction of the Farallon Plate underneath the North American Plate during the latter portion of the Mesozoic era approximately 90 to 125 million years ago ( Abbott 1999).

According to surficial geological mapping by Dibblee and Minch (2004) at a 1: 24,000 scale, the project site is underlain by Holocene (< 11,700 years ago; Cohen et al. ( 20231) alluvial deposits ( map unit Qa). In general, these deposits consist of unconsolidated sand and clay deposited in valley areas. Based on the geotechnical report ( Appendix F) the top 1 to 2 feet of sediments at the project area are composed of artificial fill, with sediments deeper than 2 feet to the greatest sampled depth of 18. 5 feet comprised of natural, undisturbed alluvial sediments.

Dudek requested a paleontological records search from the Natural History Museum of Los Angeles County NHMLA) on April 26, 2023, and the results were received on May 7, 2023, The NHMLA reported no fossil localities from within the project area, but there are several localities recorded from nearby in similar sedimentary units that can be found either at surface or at depth.

The Holocene young alluvial fan deposits have not been shown to produce any fossil resources due to their youngage and therefore have low paleontological sensitivity but transition to high paleontological sensitivity at depth. The NHMLA ( 2023) did not report any localities from within the project site but did report four localities ( LRCM VP [ Los Angeles County Museum Vertebrate Paleontology) 4619, 7811, 1207, and 4540) that produced the Pleistocene fauna outside the project site. The localities and fauna are as follows: LACM VP 4619 produced a mammoth (Mammuthus) from approximately 100 feet below the ground surface (bgs) in Eastvale; LACM VP 7811 produced a whip snake ( Masticophis) from 9 to 11 feet bgs in Chino Valley; LACM VP 1207 produced a member of the bovid family (Bovidee) from an unknown depth bgs in Corona; and LACM VP 4540 yielded a member of the horse family ( Equidae) also from an unknown depth bgs in the 15255
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San Jacinto Valley (NHMLA 2023). These same Pleistocene sediments may underlie the surficial sediments within the project area and have a high paleontological sensitivity.

With regards to paleontological resources, Holocene alluvial deposits have low sensitivity on the surface that increases to high with depth. As such, there is a possibility of encountering previously undiscovered paleontological resources at subsurface levels during ground -disturbing activities associated with the project. Implementation of mitigation measure MM- GEO- 1. would ensure that potential impacts to paleontological resources during construction activities are reduced to below a level of significance.

Impacts would therefore be less than significant with mitigation incorporated.

MM- GEO- 1 Prior to commencement of any grading activity on -site, the applicant shall retain a qualified paleontologist as defined by the Society of Vertebrate Paleontology ( SVP) ( 2010) guidelines, subject to the review and approval of the City's Building official, or designee.

The paleontologist shall prepare a Paleontological Resources Impact Mitigation Program PRIMP) for the project. The PRIMP shall be consistent with the SVP ( 2010) guidelines and should outline requirements for preconstruction meeting attendance and worker environmental awareness training; where monitoring is required within the project site below a depth of 10 feet below the ground surface based on construction plans and/ or geotechnical reports; procedures for adequate paleontological monitoring and discoveries treatment; and paleontological methods ( including sediment sampling for microvertebrate fossils), reporting, and collections management. The PRIMP shall also include a statement that any fossil lab or curation costs ( if necessary due to fossil recovery) are the responsibility of the project proponent. The qualified paleontologist shall attend the preconstruction meeting and be on -site during all rough grading and/ or trenching for utilities to determine the amount of paleontological monitoring necessary based on subsurface conditions. In the event that paleontological resources ( e. g., fossils) are unearthed during grading, the paleontological monitor will temporarily halt and/ or divert grading activity to allow recovery of paleontological resources. The area of discovery will be roped off with a 50-foot radius buffer. Once documentation and collection of the find is completed, the monitor will remove the rope and allow grading to recommence in the area of the find. Upon completion of the paleontological monitoring program, the qualified paleontologist shall prepare a final monitoring report documenting the results of the mitigation program. This report should include discussions of the methods used, stratigraphic section( s) exposed, fossils collected, and signlficance of recovered fossils.

3. 8 Greenhouse Gas Emissions
Vlll, GREENHOUSE GAS EMISSIONS - Would the project:
a) Generate greenhouse gas emissions, either r—
directly or indirectly, that may have a
significant impact on the environment? #
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b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of
reducing the emissions of greenhouse i
gases?
a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Less -than -Significant Impact. Climate change refers to any significant change in measures of climate e. g., temperature, precipitation, or wind patterns) Iasting for an extended period of time (i.e., decades or longer). The Earth' s temperature depends on the balance between energy entering and leavingthe planet' s system, and many factors ( natural and human) can cause changes in Earth' s energy balance. The greenhouse effect is the trapping and buildup of heat in the atmosphere near the Earth' s surface ( the troposphere). The greenhouse effect is a natural process that contributes to regulating the Earth' s temperature, and it creates a livable environment on Earth. Human activities that emit additional GHGs to the atmosphere increase the amount of infrared radiation that gets absorbed before escaping into space, thus enhancing the greenhouse effect and causing the Earth' s surface temperature to rise. Global climate change is a cumulative impact; a project contributes to this impact through its incremental contribution combined with the cumulative increase of all other sources of GHGs. Thus, GHG impacts are recognized exclusively as cumulative impacts ( CAPCOA 2008).

A GHG is any gas that absorbs infrared radiation in the atmosphere; in other words, GHGs trap heat in the atmosphere. As defined in California Health and Safety Code Section 385O5( g) for purposes of administering many of the state' s primary GHG emissions reduction programs, GHGs include CO2, methane CH4), nitrous oxide ( N20), hydrofluorocarbons, perfiuorocarbons, sulfur hexafluoride, and nitrogen trifluoride ( see also CEQA Guidelines Section 15364. 5).13 The three GHGs evaluated herein are CO2, CH4, and N2O because these gases would be emitted during project construction and operation.

The Intergovernmental Panel on Climate Change developed the global warming potential ( GWP) concept to compare the ability of each GHG to trap heat in the atmosphere relative to another gas. The reference gas used is CO2; therefore, GWP- weighted emissions are measured in metrictons ( MT) of CO2 equivalent ( CO2e).

Consistent with CalEEIViod Version 2020.4.0, this GHG emissions analysis assumed the GWP for CH4 is 25 i. e., emissions of 1 MT of CH4 are equivalent to emissions of 25 MT of CO2), and the GWP for N20 is 298, based on the Intergovernmental Panel on Climate Change' s Fourth Assessment Report ( IPCC 2007).

As discussed in Section 3.3, the project is located within SCAQMD jurisdictional boundaries. In October 2008, the SCAQMD proposed recommended numeric CEQA significance thresholds for GHG emissions for lead agencies to use in assessing GHG impacts of residential and commercial development projects as presented 13 Climate -forcing substances include greenhouse gases ( GHGs) and other substances such as black carbon and aerosols. This discussion focuses on the seven GHGs identified in the California Health and Safety Code Section 38505; impacts associated with other clirnate-forcing substances are not evaluated herein. 15255
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in its Draft Guidance Document - interim CEQA Greenhouse Gas ( GHG) Significance Threshold ( SCAQMD 2008b). This document, which builds on the previous guidance prepared by the California Air Pollution Control Officers Association, explored various approaches for establishing a significance threshold for GHG emissions.

The draft interim CEQA thresholds guidance document was not adopted or approved by the Governing Board.

However, in December 2008, the SCAQMD adopted an interim 10,000 MT CO2e per -year screening level threshold for stationary source/ industrial projects for which the SCAQMD is the lead agency ( SCAQMD 2008b). The 10,000 MT CO2e per -year threshold, which was derived from GHG reduction targets established in Executive Order S-3-05, was based on the conclusion that the threshold was consistent with achieving an emissions capture rate of 901/16of all new or modified stationary source projects.

The SCAQMD formed a GHG CEQA Significance Threshold Working Group to work with SCAQMD staff on developing GHG CEQA significance thresholds until statewide significance thresholds or guidelines are established. From December 2008 to September 2010, the SCAQMD hosted working group meetings and revised the draft threshold proposal several times, although it did not officially provide these proposals in a subsequent document. The SCAQMD has continued to consider adoption of significance thresholds for residential and general land -use development projects. The most recent proposal issued by SCAQMD, issued in September 2010, uses the following tiered approach to evaluate potential GHG impacts from various uses ( SCAQMD 2010):

Tier 1. Determine if CEQA categorical exemptions are applicable. If not, move to Tier 2 Tier 2. Consider whether or not the project is consistent with a locally adopted GHG reduction plan that has gone through public hearing and CEQA review, that has an approved inventory, includes monitoring, etc. If not, move to Tier 3.

Tier 3. Consider whether the project generates GHG emissions in excess of screening thresholds for individual land uses. The 10,000 MT CO2e per -year threshold for industrial uses would be recommended for use by all lead agencies. Under option 1, separate screening thresholds are proposed for residential projects ( 3,500 MT CO2e per year), commercial projects ( 1,400 MT CO2e per year), and mixed -use projects ( 3, 000 MT 002e per year). Under option 2, a single numerical screening threshold of 3, 000 MT CO2e per year would be used for all non -industrial projects. If the project generates emissions in excess of the applicable screening threshold, move to Tier 4.

Construction Greenhouse Gas Emissions
Construction of the project would result in GHG emissions, which are primarily associated with the use of off -road construction equipment, on -road haul and vendor trucks, and worker vehicles. The SCAQMD Draft Guidance Document - Interim CEQA Greenhouse Gas ( GHG) Significance Threshold ( SCAQMD 2008b) recommends that " construction emissions be amortized over a 30- year project lifetime, so that GHG reduction measures will address construction GHG emissions as part of the operational GHG reduction strategies." Thus, the total construction GHG emissions were calculated, amortized over 30 years, and added to the total operational emissions for comparison with the GHG significance threshold of 3, 000 MT CO2e per year. The determination of significance, therefore, is addressed in the operational emissions discussion following the estimated construction emissions.

CaIEEMod was used to calculate the annual GHG emissions based on the construction scenario described in Section 3. 3. Construction of the project is anticipated to commence in January 2024, lasting a total of 15255
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13 months and reaching completion in January 2025. On -site sources of GHG emissions include off -road equipment and off -site sources include haul trucks, vendor trucks, and worker vehicles. Table 3.8- 1 presents construction GHG emissions for the project from on -site and off -site emission sources.

Table 3. 8- 1. Estimated Annual Construction Greenhouse Gas Emissions

0. 01
Total
Amortized Emissions ( over 30 years)
Source: Appendix A-1.

Notes: CO2 = carbon dioxide; CHn = methane; N20 = nitrous oxide; CO2e = carbon dioxide equivalent.

As shown in Table 3.8-1, the estimated total GHG emissions during construction of the project would be approximately 354 MT CO2e. Estimated project -generated construction emissions amortized over 30 years would be approximately 30 MT CO2e per year. As with project -generated construction air quality pollutant emissions, GHG emissions generated during construction of the project would be short- term in nature, lasting only for the duration of the construction period, and would not represent a long-term source of GHG emissions. Because there is no separate GHG threshold for construction, the evaluation of significance is discussed in the operational emissions analysis in the following text.

Operational Greenhouse Gas Emissions
CaIEEMod Version 2022. 1 was used to estimate potential project -generated and exiting land use operational GHG emissionsfrom area sources ( landscape maintenance), natural gas combustion, electrical generation, water supply and wastewater treatment, solid waste, and off -road equipment (forklifts). As with the air quality analysis, mobile source GHG emissions were estimated using CaIEEMod based on EMFAC2021 emission factors. Emissions from each category —area sources, energy sources, mobile sources, solid waste, water supply and wastewater treatment, and off -road equipment —are discussed in the following text with respect to the project. For additional details, see Section 3. 3 for a discussion of operational emission calculation methodology and assumptions, specifically for area, energy (natural gas), and mobile sources. Operational year 2025 was assumed to be the first full year of operation following completion of construction.

Area Sources
CaIEEMod was used to estimate GHG emissions from the project' s area sources, including operation of gasoline -powered landscape maintenance equipment, which produce minimal GHG emissions. It was assumed that 100% of the landscaping equipment would be gasoline powered. Consumer product use and architectural coatings result in VOC emissions, which are analyzed in air quality analysis only, and low to no GHG emissions.
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Energy Sources
The estimation of operational energy emissions was based on CaIEEMod land use defaults and square footage of the project's land uses. For non-residential buildings, CaIEEMod energy intensity value (electricity or natural gas usage per square foot per year) assumptions were based on the California Commercial End - Use Survey database. Emissions are calculated by multiplying the energy use by the utility carbon intensity pounds of GHGs per kilowatt- hour for electricity or 1,000 British thermal units for natural gas) for CO2 and other GHGs.

The current Title 24, Part 6 standards, referred to as the 2022 Title 24 Building Energy Efficiency Standards, became effective on January 1, 2023. The current version of CaIEEMod assumes compliance with the 2019 Title 24 Building Energy Efficiency Standards ( CAPCOA 2021).

The CaIEEMod default energy intensity factor ( CO2, CHa, and N20 mass emissions per kilowatt-hour) were utilized for Southern California Edison. SB X12 established a target of 33%from renewable energysources for all electricity providers in California by December 31, 2020, and SB 100 calls for further development of renewable energy, with a target of 44% by December 31, 2024; 52% by December 31, 2027; and 60'Xv by December 31, 2030. As such, GHG emissions associated with project electricity demand would continue to decrease overtime,
Mobile Sources
All details for criteria air pollutants discussed in Section 3. 3 are also applicable for the estimation of operational mobile source GHG emissions. It was assumed that the warehouse would operate 7 days per week; therefore, 365 days of vehicle emissions were assumed. Regulatory measures related to mobile sources include Assembly Bill ( AB) 1493 ( Pavley) and related federal standards. AB 1493 required that CARB establish GHG emission standards for automobiles, light -duty trucks, and other vehicles determined by CARE to be vehicles that are primarily used for noncommercial personal transportation in the state. In addition, the National Highway Traffic Safety Administration and EPA have established corporate fuel economy standards and GHG emission standards, respectively, for automobiles and light-, medium-, and heavy-duty vehicles. Implementation of these standards and fleet turnover ( replacement of older vehicles with newer ones) will gradually reduce emissions from the project' s motor vehicles. The effectiveness of fuel economy improvements was evaluated to the extent it was captured in the EMFAC2021 emission factors for motor vehicles in 2025.

Solid Waste
The project would generate solid waste and therefore, would result in CO2e emissions associated with landfill off -gassing. CaIEEMod default values for solid waste generation were used to estimate GHG emissions associated with solid waste.

Water and Wastewater
Supply, conveyance, treatment, and distribution of water for the project require the use of electricity, which would result in associated indirect GHG emissions. Similarly, wastewater generated by the project requires the use of electricity for conveyance and treatment, along with GHG emissions generated during wastewater 15255
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treatment. Water consumption estimates for both indoor and outdoor water use and associated electricity consumption from water use and wastewater generation were estimated using CaIEEMod default values.

Off -Road Equipment
The SCAQMD published a summary of operational survey results from 34 operating high -cube warehouses SCAQMD 2014). The SCAQMD survey reported an average of 0.12 forklifts/ pallet jacks per 1,000 square feet of building area, which was applied to the project. Note that this estimate is for total forklifts and pallet jacks. Pallet jacks are small as they are primarily used to Iift small loads in tight quarters ( and are electric or manual),, therefore, assuming all pieces of equipment are forklifts is conservative. For the project, a total of seven forklifts were assumed. All seven forklifts are assumed to operate 8 hours per day and 7 days per week at the project site, see Appendix A- 1 for details.

The estimated operational ( year 2025) net GHG emissions ( project -generated GHG emissions minus existing land use GHG emissions) from area sources, energy usage, motor vehicles, solid waste generation, water usage and wastewater generation, and off -road equipment are shown in Table 3.8-2.

Table 3. 8- 2. Estimated Annual Operational Greenhouse Gas Emissions me6tft wo PK yew
Proposed Project
Mobile
Area _
Energy ----
Water _
Water supply and wastewater
Total Emissions
611 0.04 0, 08 636

1.09 0. 01 0. 01

0. 01

1. 09
I 301 300 0.02

26. 9 0.41 0.01 39. 9

15. 7 4. 50 0,45 0.00
Project Total 994
Amortized Construction Emissions 29.5
r000sed Project + Amortized Construction Total) 1, 023. 50 Source: Appendix A- 1.

Notes: CO2 = carbon dioxide; CHa = methane,- N20 = nitrous oxide; CO2e = carbon dioxide equivalent. 1 Includes MM-AQ-2, which requires the use of electric powered forklifts during opreation of the project. To provide a conservative estiamte of emissions, Electric forklifts energy demand is calculated in the energy source categorey_ As shown in Table 3. 8.2, estimated annual generated GHG emissions would be approxlrnately994 MT CO2e per year as a result of project operation. Estimated annual operational emissions in 2025 with amortized project construction emissions of approximately 30 MT CO2e per year would be approximately 1, 024 MT CO2e per year. Annual operational GHG emissions with amortized construction emissions would not exceed the SCAQMD recommended threshold of 3,000 MT CO2e per year. 15255
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b) Would the project generate conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Potential to Conflict with State Reduction `targets and CARS' s Scoping Plan Less -than -Significant Impact, The California State Legislature passed the Global Warming Solutions Act of 2006 (AB 32) to provide initial direction to Iimit California' s GHG emissions to 1990 levels by 2020 and initiate the state' s long-range climate objectives. Since the passage of AS 32, the State has adopted GHG emissions reduction targets for future years beyond the initial 2020 horizon year. For the project, the relevant GHG emissions reduction targets include those established by SB 32 and AS 1279, which require GHG emissions be reduced to 40% below 1990 levels by 2030, and 85% below 1990 levels by 2045, respectively. In addition, AS 1279 requires the state achieve net zero GHG emissions by no later than 2045 and achieve and maintain net negative GHG emissions thereafter.

As defined by AS 32, CARS is required to develop The Scoping Plan, which provides the framework for actions to achieve the State' s GHG emission targets. The Scoping Plan is required to be updated every five years and requires CARS and other state agencies to adopt regulations and initiatives that will reduce GHG emissions statewide. As discussed in Section 4. 2, the first Scoping Plan was adopted in 2008, and was updated in 2014, 2017, and most recently in 2022. Although the Scoping Plan is not directly applicable to specific projects, nor is it intended to be used as the sole basis for project -level evaluations, it is the official framework for the measures and regulations that will be implemented to reduce California' s GHG emissions in alignment with the adopted targets. Therefore, a project would be found to not conflict with the statutes if it would meet the Scoping Plan policies and would not impede attainment of the goals therein.

CARS' s 2017 Climate Change Scoping Plan update was the first to address the state' s strategy for achieving the 2030 GHG reduction target set forth in SB 32 ( CARS 2017b), and the most recent CARS 2022 Scoping Plan for Achieving Carbon Neutrality update outlines the state' s plan to reduce emissions and achieve carbon neutrality by 2045 in alignment with AB 1279 and assesses progress is makingtoward the 2030 SB 32 target (CARS 2022). As such, given that SB 32 and AS 1279 are the relevant GHG emission targets, the 2017 and 2022 Scoping Plan updates that outline the strategy to achieve those targets, are the most applicable to the project.

The 2017 Scoping Plan included measures to promote renewable energy and energy efficiency (including the mandates of SB 350), increase stringency of the LCFS, measures identified in the Mobile Source and Freight Strategies, measures identified in the proposed Short -Lived Climate Pollutant Plan, and increase stringency of $ B 375 targets. The 2022 Scoping Plan builds upon and accelerates programs currently in place, including movingto zeroemission transportation; phasingout use of fossil gas use for heating homes and buildings; reducing chemical and refrigerants with high GWP; providing communities with sustainable options for walking, biking, and public transit; and displacement of fossil -fuel fired electrical generation through use of renewable energy alternatives ( e. g., solar arrays and wind turbines) ( CARS 2022). Many of the measures and programs included in the Scoping Plan would result in the reduction of project -related GHG emissions with no action required at the project -level, including GHG emission reductions through increased energy efficiency and renewable energy production ( SB 350), reduction in carbon intensity of transportation fuels ( LCFS), and the accelerated efficiency and electrification of the statewide vehicle fleet Mobile Source Strategy).
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Regarding VMT reduction efforts, a Supplemental Vehicle Miles Traveled Analysis ( Attachment D of the Scoping Plan) was prepared based on the Total VMT per Service Population ( employees) for the Antelope Valley Region to evaluate potential VMT impacts at the regional level. As detailed in Attachment D of the Scoping Plan, there would be no net increase in VMT per Service Population with the project and there would be a slight decrease in the total regional VMT ( including truck trips) with the project, since the project would fulfill a need for industrial warehouse uses and employment opportunities where one does not currently exist, thus eliminating the need to travel farther distances for such services and employment opportunities. As such, the project would support the 2017 and 2022 Scoping Plan Update' s goals by resulting in a VMT reduction in the region.

Table 3.8-3 highlights measures that have been developed under the 2017 Scoping Plan and presents the project' s consistency with the applicable 2017 Scoping Plan measures.

Table 3. 8. 3. Project Potential to Conflict with the 2017 Scoping Plan GHG Reduction Measures Action
PotenUal to Conflict NOR --.

Advanced
Clean Cars Low
Carbon Fuel Standard Last -
Mile Delivery Reduction
in VMT Goods
Movement Efficiency Measures 1.

Port Drayage Trucks 2.

Transport Refrigeration Units Cold Storage
Prohibition 3.

Cargo Handling Equipment, Anti -Idling, Hybrid,
Electrification 4.

Goods Movement Systemwide Efficiency
Improvements5,
Commercial Harbor Craft Maintenance and
Design Efficiency 6.

Clean Ships 7.

Vessel Speed Reduction 15255
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conflict. The project's employees and customers would purchase vehicles incompliance with CARS vehicle standards that
are in effect at the time of vehicle purchase. No
conflict wMotor vehicles driven by the project' s employees and customers would use compliant fuels. No
conflict. The location ofthe project would support this measure with locating distribution closer to the end user. There would be a slight decrease in the total regional VMT with the project, since the project would fulfillaneed for industrial warehouse uses and employment opportunities where one does not
currently exist, thus eliminating the need to travel farther distances for such services and employment opportunities. No
Conflict. The project would not prevent CAR from implementing this measure. As discussed above, there would be a
slight decrease inthe total regional VMT with the project. No conflict. The project would require zero emission cargo handling equipment (MM-AQ-2) and would not include cold storage. 64 188
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Table 3. 8- 3. Project Potential to Conflict with the 2017 Scoping Plan GHG Reduction Measures
Potential to Conflict
Heavy -Duty Vehicle GHG Emission No conflict. Heavy duty trucks accessing the project site would be Reduction subject to this measure.

Tractor -Trailer GHG Regulation
Heavy -Duty Greenhouse Gas
Standards for New Vehicle and
Engines ( Phase 1)
Medium and Heavy -Duty GHG Phase 2
Electricity and Natural Gas Sector
Energy Efficiency Measures ( Electricity)
Energy Efficiency ( Natural Gas)
Renewables Portfolio Standard ( 33% by
2020)
No conflict. Heavy duty trucks accessing the project site would be subject to this measure.

No conflict. The project would be constructed in accordance with CALGreen and Title 24 building standards.

No conflict. The project would procure electricity from Southern California Edison ( SCE), which is in compliance with this Y__
measure.

Renewables Portfolio Standard 50% b No conflict. The project would procure electricity from SCE, which 2050) 1 is on trajectory to be compliance with this measure.

Water sector
Water Use Efficiency No conflict. The project would be constructed in accordance with CALGreen and Title 24 building standards_
Recycling and Waste Management Sector
Mandatory Commercial Recycling j No conflict. The project would include recycling and solid waste diversion.

Source, CARB 2014, 2017a.

Notes: GHG = greenhousegas; CARE = California Air Resources Board; VMT = vehicle miles traveled; SB = Senate Bill; N/ A= notapplicable.

Table 3.8-4 highlights the measures from the 2022 Scoping Plan that are relevant to the project.

Table 3. 8-4. Project Potential to Conflict with 2022 Scoping Plan GHG Reduction Measures
Potential . Conflict
GHG Emissions Reductions Relative to the SB 32 Target
40% below 1990 levels by 2030 No conflict. Although the SB 32 GHG emissions reduction target is not an Action that is analyzed independently, it is included in Table 2- 1 of the 2022 Scoping Plan for reference. The project would not obstruct or interfere with agency efforts to meet the SB 32 reduction goat. 15255
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Table 3. 8- 4. Project Potential to Conflict with 2022 Scoping Plan GHG Reduction Measures
Potential to Conflict
Smart Growth / VMT Sector
VMT per capita reduced 25% No conflict. The project would not obstruct or interfere with agency efforts below 2019 levels by 2030, and to meet this regional VMT reduction goal, including through implementation 30% below 2019 revels by 2045 of SB 375. As detailed below, the project would be consistent with the SCAG 2020- 2045 RTP/ SCS, which is the regional growth management strategy that targets per capita GHG reduction from passenger vehicles and light trucks in the Southern California Region pursuant to SB 375.

Light -duty Vehicle ( LDV) Zero Emission Vehicles ( ZEVs) Sector 100% of LDV sales are ZEV by No conflict. As this action pertains to LDV sales within California, the project 2035 1 would not obstruct or interfere with its implementation.

Truck ZEVs Sector
100% of medium -duty vehicle
MDV)/ heavy- duty vehicle ( HDV)
sales are ZEV by 2040
Electricity Generation Sector
Sector GHG target of 38 million
metric tons of carbon dioxide
equivalent ( MMTCO2e) in 2030
and 30 MMTCO2e in 2035
Retail sales load coverage'
20 gigawatts (GW) of offshore
wind by 2045
Meet increased demand for
electrification without new fossil
gas -fired resources
No conflict. As this action pertains to MDV and HDV sales within California, the project would not obstruct or interfere with its implementation.

No conflict. As this Action pertains to the statewide procurement of renewably generated electricity, the project would not obstruct or interfere with its implementation.

New Residential and Commercial Buildings Sector
All electric appliances beginning No conflict. The project would not obstruct or interfere with agency efforts 2026 ( residential) and 2029 to meet the ail -electric appliance and heat pump goals. commercial), contributing to 6
million heat pumps installed
statewide by 2030
Construction Equipment Sector
25% of energy demand No conflict. As this Action pertains to the electrification of off -road electrified by 2030 and 75% equipment across California, the project would not obstruct or interfere with electrified by 2045 its implementation. However, the project would support the Action through the requirement that all cargo handling be zero -emission ( MM- AQ- 2). 15255
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Table 3. 8- 4. Project Potential to Conflict with 2022 Scoping PIan GHG Reduction Measures
Potential -
Low Carbon Fuels for Transportation Sector
Biomass supply is used to No conflict. The project would not obstruct or interfere with agency efforts produce conventional and to increase the provision of low carbon fuels for transportation. advanced biofuels, as well as
hydrogen
Low Carbon Fuels for Buildings and Industry Sector
In 2030s biomethane blended in No conflict. The project would not obstruct or interfere with agency efforts pipeline to increase the provision of low carbon fuels for use in buildings and Renewable hydrogen blended in industry.
fossil gas pipeline at 7% energy
20% by volume), ramping up
between 2030 and 2040
In 2030s, dedicated hydrogen
pipelines constructed to serve
certain industrial clusters
High GWP Potential Emissions Sector
Low GWP refrigerants introduced No conflict. The project would not obstruct or interfere with agency efforts as building electrification to introduce low GWP refrigerants. increases, mitigating HFC
emissions
Source: CARS 2022.

Note*
1 As noted in Table 2- 1 of the 2022 Scoping Plan, S8 100 speaks only to retail sales and state agency procurement of electricity i. e., wholesale or non -retail sales and losses from storage and transmission and distribution lines are not subject to the law).

Based on the analysis in Table 3. 8- 3 and Table 3.8-4, the project would not conflict with the applicable strategies and measures in the 2017 Scoping Plan and 2022 Scoping Plan, respectively.

The 2045 carbon neutrality goal required CARS to expand proposed actions in the 2022 Scoping Plan to include those that capture and store carbon in addition to those that reduce only anthropogenic sources of GHG emissions. However, the 2022 Scoping Plan emphasizes that reliance on carbon sequestration in the state' s natural and working lands will not be sufficient to address residual GHG emissions, and achieving carbon neutrality will require research, development, and deployment of additional methods to capture atmospheric GHG emissions ( e. g., mechanical direct air capture). Given thatthe specific path to neutrality will require development of technologies and programs that are not currently known or available, the project' s role in supporting the statewide goal would be speculative and cannot be wholly identified at this time.

Overall, the project would comply will all regulations adopted in furtherance of the Scoping Plan to the extent applicable and required by law. As mentioned above, several Scoping Plan measures would result in reductions of project -related GHG emissions with no action required at the project -level, including those related to energy efficiency, reduced fossil fuel use, and renewable energy production by the utility. In addition, as identified previously, the project would result in a slight reduction in regional employee VMT, 15255
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as requiring electric cargo handling equipment, and EV charging stations. As demonstrated above, the project would not conflict with CARS' s 2017 or 2022 Scoping Plan updates and with the state' s ability to achieve the 2030 and 2045 GHG reduction and carbon neutrality goals.

Potential to Conflict with the Southern Califomia Association of Governments 2020-. 2045 Regional Transportation Plan/ Sustainable Communities Strategy Less -than -Significant Impact. The following strategies are intended to be supportive of implementing Connect SoCal 2020 and reducing GHGs: focus growth near destinations and mobility options; promote diverse housing choices; leverage technology innovations; support implementation of sustainability policies; and promote a green region ( SLAG 2020). The strategies that pertain to residential development and SCAG' s support of local jurisdiction sustainability efforts would not apply to the project. The project' s potential to conflict with the remaining applicable strategies is presented below. x Focus Growth Near Destinations and Mobility Options. One of the strategies within Connect SoCal 2020 is to, among other aspects, expand job opportunities near transit and along center -focused main streets, as well as the promote the redevelopment of underperforming retail development and other outmoded non- residential uses. The project would not conflict with this strategy of the Connect SoCal 2020 as the project would fulfill a need for industrial warehouse uses and employment opportunities where one does not currently exist, thus eliminating the need to travel farther distances for such services and employment opportunities.

Leverage Technology Innovations. One of the technology innovations identified in Connect SoCal 2020 that would apply to the project is the promotion and support of low emission technologies for transportation, such as alternative fueled vehicles to reduce per capita GHG emissions. The project would not conflict with SCAG' s ability to implement this strategy and would utilize ail -electric cargo handling equipment during operation and would include EV charging stations for vehicles.

Promote a Green Region. The third applicable strategy within Connect SoCai 2020, for individual developments, such as the project, involves promoting a green region through efforts such as supporting local policies for renewable energy production and promoting more resource efficient development ( e.g., reducing energy consumption) to reduce GHG emissions. As noted in Section 2, Project Description and mitigation measure AQ- 2, the project would incorporate mulUpfe design features that would reduce GHGs, electric cargo handling equipment, and EV charging stations.

Based on the analysis above, the project would be consistent with Connect SoCal 2020.

Summary
As shown above, the project would not conflict with CARB' s 2017 or 2022 Scoping Plan updates and with the state' s ability to achieve the 2030 and 2045 GHG reduction and carbon neutrality goals, and SCAG' s Connect SoCal 2020. Therefore, impacts related to the consistency with an appliable GHG reduction plan would be less than significant.
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3. 9 Hazards and Hazardous Materials
IX. HAZARDS AND HAZARDOUS MATERIALS - Would the project:
aj Create a significant hazard to the public or
the environment through the routine
transport, use, or disposal of hazardous
materials?
b) 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?
c) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one -quarter
mile of an existing or proposed school?
d) Be located on a site that is included on a list
of hazardous materials sites compiled
pursuant to Government Code Section
65962. 5 and, as a result, would it create a
significant hazard to the public or the
environment?
e) For a project located within an airport Iand
use plan or, where such a plan has not been
adopted, within two miles of a public airport
or public use airport, would the project
result in a safety hazard or excessive noise
for people residing or working in the project
area?
f) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
g) Expose people or structures, either directly
or indirectly, to a significant risk of loss,
injury or death involving wildland fires? 1
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a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
Snort Term Construction Impacts
Less -than -Significant Impact, In October 2022, a Phase I Environmental Site Assessment was prepared by Hazard Management Consulting Inc. to characterize the potential hazards associated with the historical and current uses of the project site and surrounding areas, which has been included as Appendix G to this document. Historical uses of the project site included residential land and vacant land from as early as 1966. Additional vehicle parking was developed in 1989 at the project site, later the open- air structures present today, developed in 1994. The site appeared to be occupied by various individuals and some of them may have operated businesses from their homes. The project site was first seen with vehicle storage in 1985. The site remains in residential and open- air structure uses until the residential portions of the site were first seen as vacant land again in 2012. Currently, the site has vacant land, residential use, and openair structures.

Based on the results of the research, available data, and a site survey, the Phase I Environmental Site Assessment ( Appendix G) identified grease and oil superficial staining and crushed asphalt/ Ravtng fabric that may contain asbestos. Demolition of the crushed asphalt/ paving fabric can cause encapsulated asbestos -containing materials (ACM) ( if present) to become friable and, once airborne, would beconsidered a carcinogen. A carcinogen is a substance that causes cancer or helps cancer grow. Such releases could pose significant risks to persons living and working in and around the project area, as well as to project construction workers. Due to this likelihood of ACMs being present on the site, a pre -demolition ACM survey should be conducted prior to any disturbance of suspected ACMs.

Abatement of all ACM encountered during any future building demolition activities would be required to be conducted in accordance with all applicable laws and regulations, including those of the EPA ( which regulates disposal), Occupational Safety and Health Administration ( OSHA), U. S. Department of Housing and Urban Development, Cal/ OSHA ( which regulates employee exposure), and SCAQMD.

For example, the EPA requires that all asbestos work performed within regulated areas be supervised by a person who is trained as an asbestos supervisor ( EPAAsbestos Hazard Emergency Response Act, 40 CFR 763). SCAQMD' s Rule 1403 requires that buildings undergoing demolition or renovation be surveyed for ACM prior to any demolition or renovation activities. Should ACM be identified, Rule 1403 requires that ACM be safely removed and disposed of at a regulated disposal site, if possible. If it is not possible to safely remove ACM, Rule 1403 requires that safe procedures be used to demolish the building with asbestos in place without resulting in a significant release of asbestos to the environment. Additionally, during demolition, grading, and excavation, all construction workers would be required to comply with the requirements of Title 8 of the California Code of Regulations, Section 1529 ( Asbestos), which provides the exposure limits, exposure monitoring, respiratory protection, and good working practices by workers exposed to asbestos.

Mandatory compliance with these regulatory requirements would ensure that construction workers and the public are not exposed to significant ACM health hazards during demolition and/ or transport of demolition waste to an appropriate disposal facility, and would ensure that impacts related to ACM less than significant. 15255
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Upon completion of soil remediation efforts in compliance with the guidelines outlined in Appendix G potentially hazardous materials would likely be handled on the project site as part of project construction.

These materials would include gasoline, diesel fuel, lubricants, and other petroleum - based products required to operate and maintain construction equipment. Handling of these potentially hazardous materials would be temporary and would coincide with the short-term construction phase of the project.

Although these materials would likely be stored on the project site, storage would be required to comply With the guidelines set forth by each product' s manufacturerand with all applicable federal, state, and local regulations pertaining to the storage of hazardous materials. Consistent with federal, state, and local requirements, the transport of hazardous materials to and from the project site would be conducted by a licensed contractor. Any handling, transport, use, or disposal of hazardous materials would comply with all relevant federal, state, and local agencies and regulations, including EPA, the California Department of Toxic Substances Control, OSHA, the California Department of Transportation ( Caltrans), the Resource Conservation and Recovery Act, and the SCAQMD. Therefore, with compliance with applicable regulations, short-term construction impacts related to the transport, use or disposal of hazardous materials would be less than significant.

Long -Term Operational Impacts
Less -than -Significant Impact. Potentially hazardous materials associated with project operations would include materials used during typical cleaning and maintenance activities. Although these potentially hazardous materials would vary, they would generally include household cleaning products, paints, fertilizers, and herbicides and pesticides. Many of these materials are considered household hazardous wastes, common wastes, and/ or universal wastes by the EPA, which considers these types of wastes to be common to businesses and households and to pose a lower risk to people and the environment than other hazardous wastes when properly handled, transported, used, and disposed of (EPA 2023b). Federal, state, and local regulations typically allow these types of wastes to be handled and disposed of with less stringent standards than other hazardous wastes, and many of these wastes do not have to be managed as hazardous waste. Additionally, any potentially hazardous material handled on the project site would be limited in both quantity and concentrations, consistent with other similar industrial uses located in the City, and any handling, transport, use, and disposal would comply with applicable federal, state, and focal agencies and regulations. Further, as mandated by OSHA ( OSHA n. d.), alI hazardous materials stored on the project site would be accompanied by a Material Safety Data Sheet, which would inform employees and first responders as to the necessary remediation procedures in the case of accidental release. Therefore, long-term operational impacts associated with hazardous materials would be less than significant. b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less -than -Significant Impact. Refer to response provided in Section 3.9( a). c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? Less -than -Significant Impact. The nearest school to the project site is Highland Head Start located adjacent to the project site.
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ShortTerm Construction Impacts
As described in Section 3.9(a), demolition and construction of the project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials or create a significant hazard to the public or the environment involving the release of hazardous materials into the environment. Additionally, as described in detail in Section 3. 3, Air Quality, a construction health risk assessment ( HRA) was prepared to evaluate the health impacts of diesel particulate matter ( DPM), a carcinogenic air toxic, that would be emitted from construction equipment associated with the project. The HRA evaluated the Project's potential cancer and noncancer health impacts using exposure periods appropriate to evaluate long-term emission increases ( third trimester to 30 years), and took into account the exposure duration for a student who would both live in proximity of the project and attend school at the Highland Head Start. As shown in Table 3. 3- 7 in Section 3. 3, the project construction activities would result in a Residential Maximum Individual Cancer Risk of 29.63 in 1 million, which is greater than the significance threshold of 10 in 1 million. Project construction would result in a Residential Chronic Hazard Index of 0.01, which is below the 1. 0 significance threshold. The Project construction TAC health risk impacts would be potentially sign ificant, and MM-AQ- 1 is required to reduce impactsto levels less than significant. No additional mitigation beyond MM- AQ-2 is required for construction - related impacts within 0.25- mile of a school. With these mitigation measures incorporated, impacts from construction would be less than significant.

Long -Term Operational Impacts
As described in Section 3. 9( a), the long-term operations ofthe proposed projectwould not create a significant hazard to the public orthe environment through the routine transport, use, or disposal of hazardous materials or create a significant hazard to the public or the environment involving the release of hazardous materials into the environment. Use of extremely hazardous materials and accumulation of acutely hazardous wastes are not anticipated.

Additionally, as discussed in Section 3.3, Air Quality, an operational HRA was prepared to evaluate the health impacts of diesel particulate matter ( DPM), a carcinogenic air toxic, that would be emitted from operational truck traffic associated with the project. As shown in Table 3.3-10 in Section 3.3, the DPM emissions from operation of the project would result in a Residential Maximum Individual Cancer Risk of

65. 3 in 1 million and a Residential Chronic Hazard Index of 0.01, These impact levels would be greater than the SCAQMD significance threshold resulting in a potentially significant impact and MM- AQ- 2 is required to reduce impacts to levels Iess than significant. No additional mitigation beyond MM- AQ- 2 is required for operational -related impacts within 0.25-mile of a school. With these mitigation measures incorporated, impacts from long-term operations would be less than significant. d) Would the project be located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
No Impact. The project site is not included on any hazardous waste site lists, including the California Department of Toxic Substances Control' s EnviroStor database, the State Water Resources Control Board' s GeoTracker site, the Cortese list, or other lists compiled pursuant to Section 65962. 5 of the Government Code ( EPA 2023c; DISC 2023; SWRCB 2023b). Therefore, no impacts associated with hazardous materials sites would occur
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NEGATIVE DECLARATION
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? Less -than -Significant Impact. The San Bernardino International Airport and Trade Center( SBIA) is located approximately 0.70 miles south of the project site. The SBIA includes two distinct components. ( 1) the airport portions ( and related facilities) of the former Norton Air Force Base, and ( 2) the Trade Center, which encompasses the non -airport related portions of the former base. The project site is located within the Airport Influence Area ( General Plan Figure 6-7) outlined in the City' s General Plan ( City of Highland 2006).

As required bystate lawfor real estate transactions within the Airport Influence Area, notification/ disclosure statements are required to alert potential buyers and tenants of the presence of and potential impacts from the San Bernardino International Airport. The San Bernardino Airport Land Use Plan is currently being drafted and was not available at the time of this report. Nonetheless, the Federal Aviation Administration Regulations Title 14 Part 77 determines restrictions to obstructions and height limitations for structures taller than 200 feet or within 20,000 feet of an airport. The proposed project would be consistent with the general land use of the area. Additionally, the project would be consistent with Section 19.20.015 Noise Standards. Therefore, impacts would be less than significant. f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less -than -Significant Impact. The City of Highland has an Emergency Operations Plan to ensure the most effective and economical allocation of resources for the maximum benefit and protection of the City in times of emergency. No revisions to this plan would occur as a result of the project. The project does not propose any changes to the geometry of evacuation route roadways to the extent that these roadways' ability to serve as emergency evacuation routes would be compromised. Asa result, the project would not significantly affect emergency response or evacuation activities. Therefore, impacts would be less than significant.
g) Would the project expose people or structures, either directly or indirectly, to a significant risk ofloss, injury or death involving wildland fires?
No Impact. The City' s General Plan does not designate the project site as an area that would be at risk from wildland fires. Although there are currently some isolated vacant lots in the vicinity of the project site, the area surrounding the project site is largely developed and would not likely aid the spread of wildfire.

Therefore, no direct or indirect impacts due to wildfire would occur. 15255
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3. 10 Hydrology and Water Quality
X. HYDROLOGY AND WATER QUAI.. fTY Would the I
project:
a) Violate any water quality standards or waste
discharge requirements or otherwise ®
substantially degrade surface or ground
water quality?.
b) Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the project ®
may impede sustainable groundwater
management of the basin?
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surtaces, in a manner which would:
i) result in substantial erosion or siltation
on- or off -site;
ii) substantially increase the rate or
amount of surface runoff in a manner 19
which would result in flooding on -
or offsite;
iii) create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems 0
or provide substantial additional
sources of polluted runoff; or
iv impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones,
risk release of pollutants due to project
inundation?
e) Conflict with or obstruct implementation of
a water quality control plan or sustainable
groundwater management plan?
a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Short -Term Construction Impacts
Less -than -Significant Impact. Construction of the project would include earthwork activities that could potentially result in erosion and sedimentation, which could subsequently degrade downstream receiving waters and violate water quality standards. Stormwater runoff during the construction phase may contain silt and debris, resulting in a short-term increase in the sediment load of the municipal storm drain system. 15255
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Substances such as oils, fuels, paints, and solvents may be inadvertently spilled on the project site and subsequently conveyed via stormwater to nearby drainages, watersheds, and groundwater.

For stormwater discharges associated with construction activity in the State of California, the State Water Resources Control Board ( SWRCB) has adopted the General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities ( Construction General Permit) to avoid and minimize water quality impacts attributable to such activities. The Construction General Permit applies to all projects in which construction activity disturbs more than one acre or more of soil. Construction activity subject to this permit includes clearing, grading, and disturbances to the ground, such as stockpiling and excavation.

The Construction General Permit requires the development and implementation of a SWPPP, which would include and specify water quality BMPs designed to prevent pollutants from contacting stormwater and keep all products of erosion from moving off site into receiving waters ( in this case, the City Creek Bypass Channel, the Twin Creek Channel, the Prado Flood Control Basin, the Santa Ana River, and its discharge into the Pacific Ocean). Routine inspection of all BMPs is required under the provisions of the Construction General Permit, and the SWPPP most be prepared and implemented by qualified individuals as defined by the SWRCB ( SWRCB 2023a),
The City of Highland is a co-permittee under San Bernardino County' s National Pollution Discharge Elimination System ( NPDES) Permit ( No. CAS618036), and as such is required to adhere to the Countywide NPDES permit requirements. Because land disturbance for project construction activities would exceed one acre, the project Applicant would be required to obtain coverage under the Construction General Permit issues by the SWRCB prior to the start of construction within the project site. Specifically, the Construction General Permit requires that the following be kept on site at all times: ( i) a copy of the Notice of Intent to Comply with Terms of the General Permit to Discharge Water Associated with Construction Activity; (ii) a waste discharge identification number issues by the SWRCB; ( iii) a SWPPP and Monitoring Program Plan for the construction activity requiring the construction permit; and (iv) records of all inspections, compliance and non- compliance reports, evidence of self -inspection, and good housekeeping practices.

The SWPPP requires the construction contractor to implement water quality BMPs to ensure that water quality standards are met, and that stormwater runoff from the construction work areas do not Cause degradation of water quality in receiving water bodies. The SWPPP must describe the type, location, and function of stormwater BMPs to be implemented, and must demonstrate that the combination of BMPs selected are adequate to meet the discharge prohibitions, effluent standards, and receiving water limitations are contained in the Construction General Permit. Therefore, short-term construction impacts associated with water quality, stormwater drainage, and stormwater runoff would be less than significant.

Long -Term Operational Impacts
Less -than -Significant impact. The project would be subject to the municipal stormwater permit, the Municipal Separate Storm Sewer System ( MS4) Permit, issued to San Bernardino County and incorporated cities within the County by the Santa Ana Regional Water Quality Control Board. The MS4 Permit requires implementation of Low Impact Development BMPs to prevent pollutants from being discharged off site by mimicking pre -development site hydrology and feasible source control. The Law Impact Development Ordinance is designed to reduce runoff from impervious surfaces, including new development, through landscape design that promotes water retention, permeable surface design, 15255
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natural drainage systems, and on -site retention where feasible ( RWQCB 2010). These project -specific designs would reduce impacts to water quality associated with redevelopment.

As required by the San Bernardino County Municipal Separate Stormwater Sewer System NPDES Permit, a preliminary Water Quality Management Plan ( WQMP) was prepared for the project in February 2023 Appendix H- 1). The WQMP is a post -construction management program that outlines implementation measures to ensure water quality standards are met, including implementation of source control and operational BMPs such as designing landscape to minimize irrigation and runoff; utilizing covered and leak proof trash dumpsters; and sweeping and litter control of loading areas in order to prevent pollutants from entering runoff. The WQMP would be implemented prior to the issuance of grading/ building permits as required by the San Bernardino County Municipal Separate Stormwater Sewer System NPDES Permit. The project would not violate any water quality standards or waste discharge requirements during long-term operation through compliance with the WQMP. Therefore, long-term operational impacts associated with water quality, stormwater drainage, and stormwater runoff would be less than significant. in summary, project gradingand construction would be completed in accordance with an NPDES- mandated SWPPP, which would include standard BMPs to reduce potential off -site water quality impacts related to erosion and incidental spills of petroleum products and hazardous substances from equipment. Surface water runoff during project operations would be managed through the use of a proposed underground infiltration/ detention system on the southwest corner of the project site. Therefore, the project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality and water quality impacts would be less than significant. by Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Groundwater Supplies
Less -than -Significant Impact. The project site is located within the service area of the EVWD. EVWD' s main water supply is from the Bunker Hill Basin which has the capacity to provide 70,000 acre-foot per year from groundwater and surface water resources. The proposed project would connect to an existing 30-inch water service line located along 5th Street.

Additionally, according to the geotechnical investigation ( Appendix F), groundwater was not encountered during test excavations, which extended to a maximum depth of 6 feet. As such, the project' s subsurface construction activities, which would only extend a few feet below grade, are highly unlikely to encounter groundwater, and dewatering activities are not anticipated to be necessary. Therefore, impacts associated with groundwater supplies would be less than significant.

Groundwater Recharge
Less -than -Significant Impact. Although not fully developed, the project site is highly disturbed and does not contain a groundwater recharge basin or other facilities that promote groundwater recharge. Thus, under the existing condition, the project site is not considered an important location for groundwater recharge. Following construction, the project site would contain landscape areas and other pervious 15255
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surfaces that would allow for water to percolate into the subsurface soils compared to the existing conditions. Therefore, impacts associated with groundwater recharge would be less than significant. c) Would the project substantially after the existing drainage pattern ofthe site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
0 Result in substantial erosion or siltation on- or off -site? Less -than -Significant Impact. Under the existing conditions, the project site consists of residential home, storage garages, and vacant land. The project would result in the demolition and removal of the existing structures on the project site and the construction of new paved surfaces, a warehouse building, and landscape areas. Existing on -site runoff sheet flows northeast to 5th Street. Off -site runoff is collected by an existing storm drain system in 5th Street. The existing drainage system would serve as an emergency overflow for the proposed 72-inch corrugated metal pipe infiltration system. The project would also include a new engineered storm drainage system thatwould feature structural BMPs, includingan infiltration/ detention system to treat and manage on -site stormwater flows. The proposed infiltration/ detention system would be designed to capture 100% of a 100-year storm event and would minimize the potential for siltation or erosion on or off site. The project' s proposed storm drain system would be designed to conform with all applicable federal, state and local requirements related to drainage, hydrology, and water quality, includingthe current MS4 Permit adopted by the Santa Ana Regional Water Quality Control Board. Additionally, the project' s structural BMPs would be designed such any potential sediments collected on site are captured in retention facilities sothat they would not be conveyed to downstream waters and result in siltation.

As such, altering the on -site drainage pattern would be conducted in a manner consistent with all applicable standards related to the collection and treatment of stormwater, such that they would not result in substantial erosion or siltation on or off site. Therefore, impacts associated with altering the existing drainage pattern of the project site would be less than significant. lij 5ubstantialry increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite?
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Less -than -Significant Impact. As discussed in Section 3. 10( c)( i), the project would increase the amount of impervious surfaces on the project site and inevitably alter the existing on -site drainage pattern. Runoff generated by the project site would be routed to the proposed underground infiltration/ detention system on the western side of the project site through a combination of roof drains, storm drains, curbs, and gutters. The development of the existing site into the proposed project would not create any adverse impacts downstream for storm events up to the 100-year storm. There would not be an increase in the existing discharge from the site in both the 10-year and 100-year events due to the proposed infiltration basin that would be sized to capture and infiltrate the 100-year rainfall event. Discharge from the site would greatly decrease from the existing condition.
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Under existing conditions, stormwater runoff sheet flows southwest to 5th Street. There are currently no existing storm drain facilities on the western side of the project site to capture surface runoff, and stormwater is collected in a storm drain system in 5th Street. As such, the proposed project would not increase the amountof surface runoff and impacts would be less than significant. ifi) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Less -than -Significant Impact. As discussed in Section 3. 10(c)( i), the project would increase the amount of impervious surfaces on the project site and inevitably alter the existing on -site drainage pattern. Runoff generated by the project site would be routed to the proposed underground infiltration/ detention system on the southwest side of the project site through a combination of roof drains, storm drains, curbs, and gutters.

The proposed on -site underground infiltration/ detention system was designed to infiltrate 100% of the 10O-year storm event. However, if the proposed underground infiltration/ retention chamber system reaches capacity, flows would then be discharged through a proposed 4-inch curb opening outlet in the southwest corner that would outlet to the westerly portion of the site. that would lead to the existing 5th Street storm drain system that would serve as an emergency spillway ( Preliminary Drainage Report, Appendix H- 2). According to the Preliminary Drainage Report ( Appendix H- 2) prepared for the project, the underground infiltration/ detention system has the capacity to retain 14, 803 cubic feet of stormwater before any stormwater is allowed to discharge from the project site, which is large enough to accommodate a 100-year storm event.

The analysis concluded that the drainage and storm drain facilities are adequately sized to handle a 100-year design storm event, consistent with the methodology outlined in the San Bernardino County Flood Control District Hydrology Manual. Therefore, impacts associated with the project creating or contributing runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff would be less than significant.
iv) Impede or redirect flood flows?
No Impact. According to the Federal Emergency Management Agency Flood Insurance Rate Maps No. 06071C870IJ and 06071C8702H ( FEMA 2016), the project site is located in zone X which is located outside of the 0.2% Annual Chance Flood Hazard Zone ( 500- year floodplain) and is within an area with reduced flood risk due to levee. implementation of the project would not substantially impede or redirect flood flows. Therefore, no impacts associated with flooding would occur. d) In flood hazard, tsunami, orseiche zones, would the project risk release of pollutants due to project inundation? Less -than -Significant Impact. The project site is located approximately 70 miles east of the Pacific Ocean.

Because of the project site' s inland location, the project would not be subject to tsunami. Additionally, due to the lack of a larger adjacent perennial waterbody such as a reservoir or lake, the project site would not be susceptible to seiche. Further, the project site' s relatively flat topography and lack of nearby hillside would eliminate any impact -related mudfiow. However, the project site, along with most of the City of Highland, is within the limit of flooded area with dam failure of the Seven oaks Dam and 500-Yearfloodplain 15255
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City of Highland 2006). The Seven Oaks Darn has been designed to resist an earthquake measuring 8.0 on the Richter scale and is designed to provide flood protection during 350-year storm events. Based on these design characteristics and ongoing maintenance of the dam' s structural integrity, it is highly unlikely that the project site would be subject to inundation due to failure of the Seven Oaks Dam. Therefore, due to the low likelihood that the Seven Oaks Dam would be subject to failure and because the project would not involve the uncontained storage of pollutants outside of the proposed building, the project would not risk release of pollutants due to inundation associated with these natural phenomena, and impacts would be less than significant.
e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Less -than -Significant Impact. Refer to responses provided in Section 3. 10(a) and 3. 10( b). The project would comply with regional and local regulations requiring preparation of a SWPPP and would not obstruct existing water quality control plans or groundwater sustainable management plans. In addition, the project applicant would comply with the project specific WQMP during operation activities. The proposed project would provide an on -site infiltration/ detention basin, which would help the City sustainably manage groundwater levels. Therefore, impacts associated with conflict with a water quality control plan or sustainable groundwater management plan would be less than significant.

3. 11 Land Use and Planning
XI. LAND USE AND PLANNING - Would the project: _
a) Physically divide an established
community?
b) Cause a significant environmental
impact due to a conflict with any land use
plan, policy, or regulation adopted for the ®
purpose of avoiding or mitigating an i
environmental effect?
a) Would the pr* ct physically divide an established community? No i mpact. The physical division of an established community is typically associated with the construction of a linear feature, such as a major highway or railroad tracks, or removal of a means of access, such as a local road or bridge, which would impair mobility within an existing community or between a community and an outlying area. Currently, the project site is located within an area of the City that is primarily zoned for business park and industrial uses, and thus, is not used as a connection between two established communities.

Instead, connectivity in the surrounding project area is facilitated via local roadways and pedestrian facilities.

Respite the nearby scattered residential uses, the project would not impede movement between these 15255
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residences within the project area, within an established community, or from one established community to another. Therefore, no impacts associated with division of an existing community would occur. b) Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose ofavoiding or mitigating an environmental effect? Less -than -Significant Impact. The City's Zoning Map designates the project site as 3P. According to Section 16. 24. 020 ( A), the primary purpose of the BP District is to provide appropriate regulations and suitable locations for light industrial, research and development, and office -based firms seeking pleasant and attractive working environments, and for business support services and commercial uses requiring large parcels. The Municipal Code identifies Warehousing and Wholesaling as permitted, subject to a conditional use permit application. As part of the City' s site -plan review process, the City would thoroughly review all plans for the proposed project to ensure compliance with all applicable development standards set forth in the Municipal Code and other relevant land use plans, policies, and regulations. As part of the City' s site -plan review process, the City has determined that the project would be consistent with all development standards required for the BP Zone, with the exception of Section 16. 24. 040 Employment district development standards, of the City' s Municipal Code, which states that building heights are not to exceed 35 feet within the BP District. The project proposes a building height of 45. However, with the processing of a variance consistent with the procedures outlined in Section 16. 08. 870, which states that the City may permit such modification of the height regulations as are necessary to secure an appropriate improvement on a lot. As such, upon approval of Variance No. 23-001, the project' s height could be allowed within in the BP District.

The City's General Plan Land Use Map designates the project site as BP within the 5th Street Corridor (City of Highland 2006). The BP land use permits a variety of light industrial, research and development, and office uses. The maximum floor area ratio permitted within the BP designation is 0.6 ( City of Highland 2006). The proposed project would include construction of an industrial warehouse with a maximum floor area ratio of 0.43. As such, the proposed project is consistent with the permitted land use and maximum density permitted by the City.

The 5th Street Corridor is located along 5th Street from Tippecanoe Avenue to 1- 210. The purpose of the 51h Street Corridor is to take advantage of the increasing demand for industrial uses west of I- 15 by providing opportunity to capture some of this potential employment growth by creating an area within the City dominated by Business Park and Industrial land uses ( City of Highland 2006). Development of a light industrial warehouse would introduce additional processing and distribution opportunities in close proximity to the San Bernardino International Airport.

As such, the project would be consistent with local plans, policies, and regulations governing land use decisions. Therefore, impacts associated with applicable land use plans, policies, and regulations would be less than significant.
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3. 12 Mineral Resources
XI) _ MINFRAL RFS0t1RCFS - Would the oroiect:
a) Result in the loss of availability of a known
mineral resource that would be of value to
the region and the residents of the state?
b) Result in the loss of availability of a locally
important mineral resource recovery site 0
delineated on a local general plan, specific
plan or other Iand use plan?
a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
Less -than -Significant Impact. According to the City' s General Plan, the project site is within an MRZ- 2, meaning significant mineral deposits or likelihood of significant mineral deposits exist; however, the significance of the deposit is undetermined ( City of Highland 2006).

The project site is located in an urbanized portion ofthe City and is bound by existing residential, commercial, and industrial development in all directions. Mineral resource mining is not a compatible use with these Iand uses. The project site is not large enough to effectively extract mineral resources. Considering the existing surrounding land uses and the incompatibility of mineral resource extraction activities in the project area, potential significant mineral resources within the project area are considered unavailable for extraction.

Therefore, impacts associated with mineral resources would be less than significant. b) Would the project result in the loss of availability of a focally Important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Less -than -Significant Impact. Refer to the response provided in Section 3. 12( a). 15255
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3. 13 Noise
Yltl W1)! 0_P - WOL,! rt the nrniert rPtult in:
a) Generation of a substantial temporary or
permanent increase in ambient noise levels
in the vicinity of the project in excess of
standards established in the local general
plan or noise ordinance, or applicable
standards of other agencies?
b) Generation of excessive groundborne
vibration or groundborne noise levels?
c) For a project located within the vicinity of a
private airstrip or an airport land use plan
or, where such a plan has not been
adopted, within two miles of a public airport
or public use airport, would the project
expose people residing or working in the
project area to excessive noise levels?
Noise and Vibration Characteristics
Noise is defined as unwanted sound. Sound may be described in terms of Ievel or amplitude (measured in decibels dBj), frequency or pitch ( measured in hertz or cycles per second), and duration ( measured in seconds or minutes).

The standard unit of measurement of the amplitude of sound is the decibel. Because the human ear is not equally sensitive to sound at all frequencies, a special frequency -dependent rating scale is used to relate noise to human sensitivity. The A -weighted decibel ( dBA) scale performs this compensation by discriminating against low and very high frequencies in a manner approximating the sensitivity of the human ear. Several descriptors of noise ( noise metrics) exist to help predict average community reactions to the adverse effects of environmental noise, including traffic -generated noise, on a community. These descriptors include the equivalent noise level over a given period LeQ), the statistical sound level, the day - night average noise level ( Lan), and the Community Noise Equivalent Level CNEL). Each of these descriptors uses units of dBA. Table 3.13- 1 provides examples of A -weighted noise levels from common sounds. In general, human sound perception is such that a change in sound level of 3 dBA is barely noticeable, a change of 5 dBA is clearly noticeable, and a change of 10 dBA is perceived as doubling or halving the sound level.

Table 3. 13- 1. Typical sound levels in the Environment and Industry Jet flyover at 300 meters
Gas lawn mower at 1 meter ( 3 feet).
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110 [ Rock band
100
90 82
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Table 3. 13- 1. Typical Sound Levels in the Environment and Industry Common Outdoor Activities Noise Level ( dBA) Common indoor Activities Diesel truck at 15 meters ( 50 feet), at 80 80 Food blender at 1 meter ( 3 feet) kilometers per hour ( 50 mph) Garbage disposal at 1 meter ( 3 feet) Noisy urban area, daytime 70 Vacuum cleaner at 3 meters ( 10 feet) gas lawn mower at 30 meters ( 100 feet)
Commercial area 60 Normal speech at 1 meter (3 feet)
Heavy traffic at 90 meters (300 feet)
Quiet urban daytime 50 Large business office
Dishwasher, next room
Quiet urban nighttime 40 f Theater, large conference room Quiet suburban nighttime
Quiet rural night time
Lowest threshold of human h_eari
Source: Caltrans 2013.

Note: d6A = A -weighted decibel.
30 20
Library _
Bedroom at night, concert hail
background)
Broadcast/ recording studio
Lowest threshold of human hearin
Leq is a sound energy level averaged over a specified period (typically no less than 15 minutes for environmental studies). Leq is a single numerical valve that represents the amount of variable sound energy received by a receptor during a time interval. For example, a 1- hour Leq measurement would represent the average amount of energy contained in all the noise that occurred in that hour. Leq is an effective noise descriptor because of its ability to assess the total time -varying effects of noise on sensitive receptors.

Unlike the Leq metrics, Lan and CNEL metrics always represent 24-hour periods, usually on an annualized basis. La and CNEL also differ from Leq because they apply a time -weighted factor designed to emphasize noise events that occur during the evening and nighttime hours ( when speech and sleep disturbance is of more concern). " Time weighted" refers to the fact that Ldn and CNEL penalize noise that occurs during certain sensitive periods. In the case of CNEL, noise occurring during the daytime ( 7: 00 a. m.- 7: 00 p. m.) receives no penalty. Noise during the evening ( 7: 00 p. m.- 10:00 p. m.) is penalized by adding 5 dB, while nighttime ( 10: 00 p. m.- 7: 00 a. m.) noise is penalized by adding 10 dB. Lde differs from CNEL in that the daytime period is defined as 7: 00 a. m.- 10:00 p. m., thus eliminating the evening period. Ld„ and CNEL are the predominant criteria used to measure roadway noise affecting residential receptors. These two metrics generally differ from one another by no more than 0.5 dB to 1 dB and, as such, are often treated as equivalent to one another.

Vibration
Vibration is an oscillatory motion through a solid medium in which the motion' s amplitude can be described in terms of displacement, velocity, or acceleration. Vibration can be a serious concern, causing buildings to shake and rumbling sounds to be heard. In contrast to noise, vibration is not a common environmental problem. It is unusual for vibration from sources such as buses and trucks to be perceptible, even in locations close to major roads. Some common sources of vibration are trains, buses on rough roads, and construction activities, such as blasting, pile driving, and heavy earthmoving equipment.
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Several different methods are used to quantify vibration. Peak particle velocity is defined as the maximum instantaneous peak of the vibration signal. Peak particle velocity is most frequently used to describe vibration impacts to buildings and is usually measured in inches per second. The root mean square amplitude is most frequently used to describe the effect of vibration on the human body and is defined as the average of the squared amplitude of the signal. Decibel notation is commonly used to measure root mean square. The decibel notation acts to compress the range of numbers required to describe vibration.

High levels of vibration may cause physical personal injury or damage to buildings. However, vibration levels rarely affect human health. Instead, most people consider vibration to be an annoyance that can affect concentration or disturb sleep. In addition, high levels of vibration can damage fragile buildings or interfere with equipment that is highly sensitive to vibration ( e.g., electron microscopes). Most perceptible indoor vibration is caused by sources within buildings, such as operation of mechanical equipment, movement of people, or slamming of doors. Typical outdoor sources of perceptible vibration are construction equipment, steel -wheeled trains, and traffic on rough roads. If the roadway is smooth, the vibration from traffic is rarely perceptible.

Sensitive Receptors
Noise- and vibration -sensitive land uses are locations where people reside or where the presence of unwanted sound could adversely affect the use of the land. Residences, schools, hospitals, guest lodging, libraries, and some passive recreation areas would be considered noise and vibration sensitive and may warrant unique measures for protection from intruding noise. Sensitive receptors in the vicinity of the project site consist of a Head Start school located to the east, residential uses located to the north, east and west of the project site, and zoned residential uses to the north. These sensitive receptors represent the nearest sensitive land uses with the potential to be impacted by construction and/ or operation of the project - Existing Noise Conditions
Noise measurements were conducted in the vicinity of the project site on January 11, 2022, to characterize the existing noise levels. Table 3. 13-2 provides the locations, dates, and times the noise measurements were taken.

The noise measurements were taken using a Soft dB Piccolo sound level meter equipped with a 0. 5- inch, pre - polarized condenser microphone with pre -amplifier. The sound level meter meets the current American National Standards Institute standard for a Type 2 ( General Use) sound level meter. The accuracy of the sound level meter was verified using a field calibrator before and after the measurements, and the measurements were conducted with the microphone positioned approximately 5 feet above the ground.

Table 3. 13- 2. Measured Noise levels
ST1 East of project site, adjacent to a
Head Start School at 26887 5th
Street _
ST2 North of project site, adjacent to
residence at 26837 Mossway
Street
ST3 Northeast of project site, adjacent
to residence at 27014 5th Street
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1/ 11/ 22 111: 41 a. m.- 11: 56 a. m.
1/ 11/ 22 - 12:44 p.m.- 12: 19 P. M.
1/ 11/ 22 ( 12:32 p. m.- 12:47 p. m

63. 8 i 84. 5

63. 6 79. 4

65. 1 76. 6
84 K11.1
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Table 3. 13-2. Measured Noise Levels
Source: Appendix 1. 1.

Notes: L„, - equivalent continuous sound level ( time -averaged sound level); dBA = A -weighted decibels: Lmox = maximum sound level during the measurement interval.

Four short-term noise measurement locations (STi- ST4) were conducted in the vicinity of the project site, as shown in Figure 11, Noise Measurement Locations. The measured Len and maximum noise levels are provided in Table 3. 13- 2. The field noise measurement data sheets are provided in Appendix 1- 1, Field Data Noise Sheets. The primary noise sources at the sites identified in Table 3. 13-2 consisted of traffic on local roadways; other, secondary noise sources included occasional construction activities, and birds. As shown in Table 3. 13- 2, the measured sound levels ranged from approximately 64 dBA Leq at ST4, ST2 and ST3 to approximately 65 dBA Leo at ST4.

Regulatory Setting
Federal
There are no federal noise standards that would directly regulate environmental noise during construction and operation of the project. The following is provided because guidance summarized herein is used or pertains to the analysis.

Federal Transit Administration
In its Transit Noise and Vibration Impact Assessment guidance manual, the Federal Transit Administration ( FTA) recommends a daytime construction noise level threshold of 80 dBA Lea over an B-hour period ( FTA 2018) when detailed construction noise assessments are performed to evaluate potential impacts to community residences surrounding a project. Although this FTA guidance is not a binding regulation, it is provided here for comparison purposes in the absence of such limits at the state and local jurisdictional levels.

Federal Interagency Committee on Noise
Some guidance regarding the determination of a substantial permanent increase in ambient noise levels in the project vicinity above existing levels is provided by the 1992 findings of the Federal Interagency Committee on Noise FICON) ( FICON 1992), which assessed the annoyance effects of changes in ambient noise levels resulting from aircraft operations. The FICON recommendations are based upon studies that relate aircraft and traffic noise levels to the percentage of persons highly annoyed by the noise. Annoyance is a qualitative measure of the adverse reaction of people to noise that generates speech interference, sleep disturbance, or interference with the desire for a tranquil environment.

The rationale for the FICON recommendations is that it is possible to consistently describe the annoyance of people exposed to transportation noise in terms of Imo,,. The changes in noise exposure that are shown in Table 3. 13-3 are expected to result in equal changes in annoyance at sensitive land uses. Although the FICON recommendations were specifically developed to address aircraft noise impacts, they are used in this analysis to define a substantial increase in community noise levels related to all transportation noise sources and permanent non -transportation noise sources. 15255
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Table 3. 13- 3. Measures of Substantial Increase for Community Noise Sources 60 dBA
60- 65 dBA
65 dBA
Source. FICON 1992.

Notes: Ld,, = day - night average noise level; dBA = decibels.

State
California Government Code
5 dBA or more
3 dBA or more
2 dBA or more
California Government Code Section 65302( f) mandates that the legislative body of each county and city adopt a noise element as part of its comprehensive general plan. The local noise element must recognize the land use compatibility guidelines established by the State Department of Health Services. The guidelines rank noise land use compatibility in terms of " normally acceptable," " conditionally acceptable," " normally unacceptable," and clearly unacceptable" noise levels for various land use types. Single-family homes are " normally acceptable" in exterior noise environments up to 60 dBA CNEL and " conditionally acceptable" up to 70 dBA CNEL. 14 MUltiplefamily residential uses are " normally acceptable" up to dBA 65 CNEL and " conditionally acceptable" up to dBA 70 CNEL. Schools, libraries, and places of worship are " normally acceptable" up to 70 dBA CNEL, as are office buildings and business, commercial, and professional uses.

Local
City of Highland Municipal Code
Operational Noise Standards
Pursuant to Chapter 8.50 (Noise Control) of the Highland Municipal Code, allowable daytime (between the hours of 7: 00 AM and 10: 00 PM) and nighttime ( between the hours of 10: 00 PM and 7: 00 AM) noise levels are as follows:

Residential - 60 dBA daytime, 55 dBA nighttime.

Commercial - 70 dBA daytime, 65 dBA nighttime.

Industrial Zone - 75 dBA at any time.

Construction Noise Standards s
Pursuant to Section 8.50. 060 ( Exemptions), noise associated with " construction, repair, or excavation work performed pursuant to a valid written agreement with the city or any of its political subdivisions, which agreement provides for noise mitigation measures," is exempt. Because the proposed project does not include a Development Agreement or other agreement with the City or any of its political subdivisions, it is not exempt from performing a 14 A " conditionally acceptable" designation implies new construction or development should be undertaken only after a detailed analysis of the noise reduction requirements for each land use is made and needed noise insulation features are incorporated in the design. By comparison, a " normally acceptable" designation indicates that standard construction can occur with no special noise reduction requirements.
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construction noise analysis and providing adequate mitigation measures. The following includes an analysis of the project' s construction noise impacts.

City of Highland General Plan
The City' s General Plan Noise Element ( City of Highland 2006) references the Municipal Code' s noise standards as guidelines to evaluate the acceptability of noise impacts. These standards are used to assess long-term noise impacts on land uses. The Noise Element identifies noise problems in the community, quantifies existing and projected noise levels, addresses excessive noise exposure, and provides regulations to control noise. The General Plan Noise Element contains the following goals and policies that address noise and are applicable to the project:

Goal 7. 1. Protect sensitive land uses and the citizens of Highland from annoying and excessive noise through diligent planning and regulation.

Policies:

Enforce the City' s Noise Control Ordinance consistent with health and quality of life goals and employ effective techniques of noise abatement through such means as a noise ordinance, building codes and subdivision and zoning regulations.

Encourage the use of site planning and architectural techniques such as alternative building orientation and walls combined with landscaping to mitigate noise to levels consistent with interior and exterior noise standards.

Require mitigation where sensitive uses are to be placed along transportation routes to ensure compliance with interior and exterior noise standards.

Consider the compatibility of proposed land uses with the noise environment when preparing, revising or reviewing development proposals.

1. Require that site -specific noise studies be conducted by a qualified acoustic Consultant utilizing acceptable methodologies while reviewing the development of sensitive land uses or development that has the potential to impact sensitive land uses. Also require a site -specific noise study if the proposed development could potentially violate the noise provisions of the General Plan or City ordinance.

Actions:
3) When site and architectural design features cannot sufficiently reduce adverse noise levels, or cannot be economically provided, require the provision of noise barriers/ berms, provided that noise barriers:

1. are sufficiently massive to prevent significant noise transmission and high enough to shield receiver from noise source;

2. noise barriers exhibit a minimum acceptable density of four pounds per square foot (equivalent to 3/ 4- inch plywood);

3. contain no cracks or openings; and

4. minimize the effect of flanking by bending the barrier back from the noise source atthe end ofthe barrier. 4) Require landscaping treatment to be provided in conjunction with noise barriers to provide visual relief and to reduce aesthetic impacts.
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6) Maintain a noise complaint file to document areas of excessive noise in the City.

Goal 7. 3. Protect residents from the effects of "spill over" or nuisance noise.

Policies:

1. Enforce the City' s Noise Control Ordinance so that new projects located in commercial or entertainment areas do not exceed stationary -source noise standards at the property line of proximate residential or commercial uses, as appropriate.

2. Prohibit new industrial uses from exceeding commercial or residential stationary -source noise standardsat the most proximate land uses, as appropriate. ( industrial noise may spill over to proximate industrial uses so long as the combined noise does not exceed the appropriate industrial standards.)

3. Require that construction activities employfeasible and practical techniques to minimize noise impacts on adjacent uses. Particular emphasis shall be placed on the restriction of hours in which work other than emergency work may occur.

4. Require that the hours of truck deliveries to commercial properties abutting residential uses be limited unless there is no feasible alternative or there are overriding transportation benefits by scheduling deliveries at another hour.

Highland City CouncilNovember 14, 2023

Highland City Council
November 14, 2023